[Federal Register Volume 75, Number 92 (Thursday, May 13, 2010)]
[Notices]
[Pages 27051-27053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11415]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Privacy Act of 1974: System of Records

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Notice to modify a system of records.

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SUMMARY: DOT proposes to modify a system of records under the Privacy 
Act of 1974. The system is FMCSA's National Consumer Complaint Database 
(NCCDB), which is being modified to reflect: (1) The new name; (2) 
changes to the system location; (3) additions to the categories of 
individuals; (4) reduction in the categories of records; (5) additions 
to the categories of records; (6) clarity to the purpose of the system. 
This system would not duplicate any other DOT system of records.

DATES: Effective Date: This notice will be effective, without further 
notice, on June 22, 2010, unless modified by a subsequent notice to 
incorporate comments received by the public. Comments must be received 
by June 14, 2010 to be assured consideration.

ADDRESSES: Send comments to Habib Azarsina, Departmental Privacy 
Officer, S-80, United States Department of Transportation, Office of 
the Secretary of Transportation, 1200 New Jersey Avenue, SE., 
Washington, DC 20590 or <a href="/cdn-cgi/l/email-protection#9cf4fdfef5feb2fde6fdeeeff5f2fddcf8f3e8b2fbf3ea"><span class="__cf_email__" data-cfemail="afc7cecdc6cd81ced5cedddcc6c1ceefcbc0db81c8c0d9">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Habib Azarsina, Departmental Privacy 
Officer, S-80, United States Department of Transportation, Office of 
the Secretary of Transportation, 1200 New Jersey Avenue, SE., 
Washington, DC 20590; telephone 202.366.1965, or 
<a href="/cdn-cgi/l/email-protection#1e767f7c777c307f647f6c6d77707f5e7a716a30797168"><span class="__cf_email__" data-cfemail="93fbf2f1faf1bdf2e9f2e1e0fafdf2d3f7fce7bdf4fce5">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The DOT system of records notice subject to 
the Privacy Act of 1974 (5 U.S.C. 552a), as amended, as proposed to be 
modified, is available from the above mentioned address and appears 
below:
DOT/FMCSA 004

SYSTEM NAME:
    National Consumer Complaint Database (NCCDB).

SECURITY CLASSIFICATION:
    Controlled Unclassified Information (CUI).

SYSTEM LOCATION:
    The NCCDB and its Web site (http://nccdb.fmcsa.dot.gov/HomePage.asp) are administered and maintained by the facility listed 
below:

    John A. Volpe National Transportation Systems Center (Volpe 
Center), 55 Broadway, Cambridge, MA 02142.

    The Safety Violation and Household Goods Consumer Complaint Hotline 
(888-DOT-SAFT or 888-368-7238) is operated by the contractor listed 
below:

    Ecompex, Inc. (Ecompex), DTMC75-05-C-00008, 7926 Jones Branch 
Drive, Suite 560, McLean, VA 22102.

    The hotline and Web site are operated under a leasing agreement 
between Ecompex and the subcontractor listed below:

    Computing Technologies, Inc. (CoTs), DTFH61-99-Z-00073, 3028 Javier 
Road, Suite 400, Fairfax, VA 22031.

CATEGORIES OF INDIVIDUALS:
    1. Consumers and commercial motor vehicle drivers who report 
violations of Federal Motor Carrier Safety Regulations (FMCSRs).
    2. Consumers who contract with motor carriers and brokers to 
transport their household goods (HHG) in interstate operations.
    3. Motor carriers, employees, drivers and consumers who contract 
with Hazardous Materials motor carriers and Cargo Tank Facilities.

[[Page 27052]]

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records and reports in the NCCDB may include the following:
    1. HHG complaints (PII).
    Respondent names, tracking number, addresses, fax numbers, phone 
numbers, and e-mail addresses.
    2. Safety Violation complaints (PII).
    Respondent names, tracking number, addresses, fax numbers, phone 
numbers, and e-mail address.
    3. Hazardous Materials and Cargo Tank Complaints (PII).
    Respondent names, tracking number, addresses, fax numbers, phone 
numbers, and e-mail address.
    4. Acknowledgement letters to complainants (PII).
    Complainant's name, tracking number, and address.
    5. Notification letters to motor carriers (PII).
    Respondent's name, complaint number, and address.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    49 U.S.C. 14701 note.

PURPOSE(S):
    The major goal of NCCDB is to meet the requirements set forth in 
section 4214, Public Law 109-59, 119 Stat. 1144, 1759-1760, codified at 
49 U.S.C. 14701 note, the Safe, Accountable Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), which 
requires FMCSA to establish:
    1. A system, database, and procedures for filing and logging 
consumer complaints relating to household goods motor carriers for the 
purpose of compiling or linking complaint information gathered by FMCSA 
and the States with regard to such carriers.
    2. Procedures to allow the public to have access, subject to 5 
U.S.C. 552(a), to aggregated complaint information and a process for 
carriers to challenge duplicate or fraudulent information in the 
database.
    NCCDB is capable of recording the following types of complaints:
    1. Safety Violation Complaints--Consumers, commercial motor vehicle 
drivers, and others can report violations of Federal Motor Carrier 
Safety Regulations (FMCSRs).
    2. Household Goods (HHG) Complaints--Consumers can report 
complaints related to the contracting and moving of HHG.
    3. Hazardous Materials and Cargo Tank Complaint--Consumers can 
report complaints related to Hazardous Materials and Cargo Tank.
    The data collected by NCCDB can be used by FMCSA to identify 
problematic motor carriers in order to take enforcement actions and to 
promote compliance with FMCSRs. The NCCDB can also be used to alert 
consumers of those motor carriers with a history of complaints related 
to transporting HHG and to provide guidance to the public on how to 
avoid being victimized by unscrupulous moving companies.
    Motor carriers can use NCCDB to assist with complaint 
reconciliation. After being informed of a complaint, the respondent is 
encouraged to resolve the complaint with the complainant.

ROUTINE FUNCTION OF SYSTEM RECORDS (INCLUDES CATEGORIES OF USERS AND 
PURPOSES OF USE):
    <bullet> Information may be shared with congressional offices and 
Federal, State, and local government agencies for the purposes of 
enforcing the safety of motor carriers and HHG transporters.
    <bullet> Information may be shared with Federal, State, and local 
law enforcement programs to safeguard against and respond to the breach 
of personally identifiable information.
    <bullet> Information may also be accessed by Federal contractors 
involved in the system support and maintenance of NCCDB.
    <bullet> In addition to those disclosures generally permitted under 
5 U.S.C. 552a(b)(3) of the Privacy Act, additional disclosures may be 
made in accordance with the DOT Prefatory Statement of General Routine 
Uses, published at 65 FR 19476 (April 11, 2000).

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS:
    Storage--NCCDB records are stored in an automated system operated 
and maintained at the Volpe National Transportation Systems Center 
(Volpe Center), U.S. Department of Transportation, 55 Broadway, 
Cambridge, MA 02142. Backup copies of NCCDB records are archived in a 
secure offsite facility.
    Retrievability--NCCDB records can be retrieved through automated 
searches on the following key words or identifying information:
    <bullet> Complainant Name.
    <bullet> Respondent Name.
    <bullet> Address (Complainant and Respondent).
    <bullet> Fax Number (Complainant and Respondent).
    <bullet> Phone Number (Complainant and Respondent).
    <bullet> State Name (Complainant and Respondent).
    <bullet> Zip Code (Complainant and Respondent).
    <bullet> E-mail Address (Complainant and Respondent).
    <bullet> Secondary Respondent Name.
    <bullet> Motor Carrier Number.
    <bullet> USDOT Number.
    <bullet> Complaint ID Number.
    <bullet> Complaint Date.
    Accessibility (Including Safeguards)--Access to NCCDB is restricted 
to those authorized users with a specific ``need to know'' and requires 
authentication with a valid user name and password. Only authorized 
federal government personnel and contractors conducting system support 
or maintenance activities may access NCCDB records. The scope of access 
is limited to the official need of each authorized individual. NCCDB is 
housed in a secure data center, and access to NCCDB is restricted to 
authorized personnel only. Access to the building in which NCCDB is 
located is also restricted to authorized personnel only. FMCSA operates 
NCCDB in accordance with the E-Government Act of 2002 (Pub. L. 107-
347), the Federal Information Security Management Act (FISMA) of 2002 
(Title III of Pub. L. 107-347), and other required policies, 
procedures, practices, and security controls for implementing the 
Automated Information Systems Security Program.
    Retention and Disposal--Complaint files are retained at the John A. 
Volpe National Transportation Systems Center by the system 
administrator. All files received by the Safety Violation and Household 
Goods Consumer Complaint Hotline are retained in compliance with agency 
record control schedules. Complaints mailed from FMCSA to Ecompex are 
recorded online in NCCDB by Ecompex staff. The Volpe Center and Ecompex 
comply with all requirements of the National Archives and Records 
Administration (NARA) with respect to record retention and control. 
NARA regulations indicate that electronic files created to monitor 
system usage are authorized for erasure or deletion when the agency 
determines that they are no longer needed for administrative, legal, 
audit, or other operational purposes.

SYSTEM MANAGER CONTACT INFORMATION:
    James Dubose; Federal Motor Carrier Safety Administration; 
Commercial Enforcement Division; MC-ECC, M61300, W63-421; 1200 New 
Jersey Avenue SE; Washington, DC 20590.

NOTIFICATION PROCEDURE:
    Individuals wishing to know if their records appear in this system 
may make a request in writing to the System Manager. The request must 
include the requester's name, mailing address, telephone number and/or 
e-mail

[[Page 27053]]

address, a description and the location of the records requested, 
compliant tracking number, and verification of identity. FMCSA's 
requirement for verification of identify for NCCDB include the 
following:
    <bullet> Complaint ID/tracking number of the complaint.
    <bullet> Name address and telephone number.
    <bullet> Date of compliant.
    <bullet> Origin and destination of the complaint (If appropriate).
    <bullet> Respondent's name and DOT number (If appropriate).
    <bullet> Description of the complaint.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information about them in this system 
should apply to the System Manager, following the same procedure as 
indicated under ``Notification Procedure.''

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest the content of information about 
them in this system should apply to the System Manager, following the 
same procedure as indicated under ``Notification Procedure.''

RECORD SOURCE CATEGORIES:
    NCCDB complaints are obtained from consumers, motor carriers, 
brokers, and consumers who contract with Hazardous Materials motor 
carriers and Cargo Tank Facilities.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    Pursuant to subsection (k)(2) of the Privacy Act (5 U.S.C. 
552a(k)(2)), portions of this system are exempt from the requirements 
of subsections (c)(3), (d), (e)(4)(G)-(I) and (f) of the Act, for the 
reasons stated in DOT's Privacy Act regulation (49 CFR Part 10, 
Appendix, Part II at A.8.

    Dated: May 6, 2010.
Habib Azarsina,
Departmental Privacy Officer.
[FR Doc. 2010-11415 Filed 5-12-10; 8:45 am]
BILLING CODE 4910-9X-P


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