Attachment M: Policy on Availibility of Information from the Commercial Driver's License Information System

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Federal Register / Vol. 70, No. 9 / Thursday, January 13, 2005 / Notices
Lender (202) 267–8029, Office of
Rulemaking (ARM–1), Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591.
This notice is published pursuant to
14 CFR 11.85 and 11.91.

altitude allowable after engine
rotorburst.
[FR Doc. 05–751 Filed 1–12–05; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Summary Notice No. PE–2005–06]

Issued in Washington, DC, on January 7,
2005.
Anthony F. Fazio,
Director, Office of Rulemaking.

Petition for Exemption
Docket No.: FAA–2004–19090.
Petitioner: 4/Flight Industries.
AGENCY: Federal Aviation
Sections of 14 CFR Affected: 14 CFR
Administration (FAA), DOT.
21.325(b)(3) and 21.601(c).
ACTION: Notice of petition for exemption
Description of Relief Sought: To allow
received.
the petitioner to issue export
SUMMARY: Pursuant to FAA’s rulemaking airworthiness approvals for their
product manufactured and located at
provisions governing the application,
their facility in Montreal, Canada. The
processing, and disposition of petitions
exemption would also permit issuance
for exemption, part 11 of Title 14, Code
of Technical Standard Order (TSO)
of Federal Regulations (14 CFR), this
authorizations for products
notice contains a summary of certain
manufactured at facilities located
petitions seeking relief from specified
requirements of 14 CFR. The purpose of outside the United States.
[FR Doc. 05–753 Filed 1–12–05; 8:45 am]
this notice is to improve the public’s
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awareness of, and participation in, this
aspect of FAA’s regulatory activities.
Neither publication of this notice nor
the inclusion or omission of information DEPARTMENT OF TRANSPORTATION
in the summary is intended to affect the
Federal Aviation Administration
legal status of any petition or its final
disposition.
Aviation Rulemaking Advisory
DATES: Comments on petitions received
Committee Meeting on Rotorcraft
must identify the petition docket
Issues
number involved and must be received
AGENCY: Federal Aviation
on or before February 2, 2005.
Administration (FAA), DOT.
ADDRESSES: You may submit comments
ACTION
: Notice of public meeting.
identified by DOT DMS Docket Number
FAA–2004–19090 by any of the
SUMMARY: This notice announces a
following methods:
public meeting of the FAA’s Aviation
• Web Site: http://dms.dot.gov.
Rulemaking Advisory Committee to
Follow the instructions for submitting
discuss rotorcraft issues.
comments on the DOT electronic docket
DATES: The meeting will be held on
site.
February 7, 2005, 10:15 a.m. to 12:15
• Fax: 1–202–493–2251.
p.m. P.s.t.
• Mail: Docket Management Facility;
ADDRESSES: The meeting will be held at
U.S. Department of Transportation, 400
the Anaheim Convention Center, Room
Seventh Street, SW., Nassif Building,
207–B, 800 West Katella Avenue,
Room PL–401, Washington, DC 20590–
Anaheim, CA 92802, phone (714) 765–
0001.
8950.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
FOR FURTHER INFORMATION CONTACT:
400 Seventh Street, SW., Washington,
Angela Anderson, Office of Rulemaking,
DC, between 9 a.m. and 5 p.m., Monday ARM–200, FAA, 800 Independence
through Friday, except Federal holidays. Avenue, SW, Washington, DC 20591,
Docket: For access to the docket to
telephone (202) 267–9681.
read background documents or
SUPPLEMENTARY INFORMATION: The
comments received, go to http://
referenced meeting is announced
dms.dot.gov at any time or to Room PL– pursuant to Section 10(a)(2) of the
401 on the plaza level of the Nassif
Federal Advisory Committee Act (Pub.
Building, 400 Seventh Street, SW.,
L. 92–463; 5 U.S.C. App. II).
Washington, DC, between 9 a.m. and 5
The agenda will include:
p.m., Monday through Friday, except
a. Discussion and approval of the
Federal holidays.
Fatigue Tolerance Evaluation of Metallic
FOR FURTHER INFORMATION CONTACT: John Structures proposed Regulatory and
Advisory Circular material package.
Linsenmeyer (202) 267–5174 or Susan
Petitions for Exemption; Summary of
Petitions Received

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b. Working Group Status Report:
Damage Tolerance and Fatigue
Evaluation of Composite Rotorcraft
Structure.
c. FAA Status Report: Performance
and Handling Qualities Requirements
Notice of Proposed Rulemaking.
Attendance is open to the public but
will be limited to the space available.
The public must make arrangements to
present oral statements at the meeting.
Written statements may be presented to
the committee at any time by providing
16 copies to the Assistant Chair or by
providing the copies at the meeting.
Approximately thirty days after the
meeting, minutes will be available on
the FAA Web site at http://www.faa.gov/
avr/arm/arac/calendarxml.cfm?nav=6.
If you are in need of assistance or
require a reasonable accommodation for
the meeting, please contact the person
listed under the heading FOR FURTHER
INFORMATION CONTACT. In addition, sign
and oral interpretation, as well as a
listening device, can be made available
at the meeting if requested 10 calendar
days before the meeting. You may make
arrangements by contacting the person
listed under the heading FOR FURTHER
INFORMATION CONTACT.
If you are unable to attend the
meeting, you can access it by
telephoning 817–222–4871, pass code
5359#.
Issued in Washington, DC, on January 7,
2004.
Anthony F. Fazio,
Executive Director, Aviation Rulemaking
Advisory Committee.
[FR Doc. 05–658 Filed 1–12–05; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2003–15015]

Policy on Availability of Information
From the Commercial Driver’s License
Information System
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of policy.
AGENCY:

SUMMARY: As required by the
Transportation Equity Act for the 21st
Century (TEA–21), this document
informs the public of FMCSA’s policy
regarding access to information in the
Commercial Driver’s License
Information System (CDLIS) by other
Federal agencies.
EFFECTIVE DATE: This policy is effective
January 13, 2005.

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Federal Register / Vol. 70, No. 9 / Thursday, January 13, 2005 / Notices
FOR FURTHER INFORMATION CONTACT:

Carol Gore, (202) 366–4013, Office of
Safety Programs, Federal Motor Carrier
Safety Administration, Department of
Transportation, 400 Seventh Street,
SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION: Section
12007(e) of the Commercial Motor
Vehicle Safety Act (CMVSA) of 1986
(Pub. L. 99–570) specified four entities
authorized to access information from
CDLIS. These entities were the Secretary
of Transportation, the States, an
employer or prospective employer of a
person who operates a commercial
motor vehicle (CMV), and a person who
operates a CMV for an employer that
owns or leases a CMV or assigns
employees to operate a CMV (49 U.S.C.
§ 31309(e)). This provision remained in
effect until Congress passed TEA–21
(Pub. L. 105–85) and revised the access
provision through sections 4004(a) and
4011(d) (5) (codified at 49 U.S.C.
31106(e) and 31309(c), respectively).
Sections 4004(a) and 4011(d)(5) of TEA–
21 expanded CDLIS access by requiring
the Secretary of Transportation to
develop a policy on making information
available from CDLIS. The policy must
conform to existing Federal information
laws and regulations.
Privacy Act Applicability
The Privacy Act of 1974 (Pub. L. 93–
579, as amended) regulates Federal
information system practices regarding
the collection, maintenance,
dissemination and use of records by
Federal executive branch agencies.
CDLIS is not a Federal ‘‘system of
records,’’ as defined by the Privacy Act
because the records in CDLIS are not
controlled by FMCSA. Federal agencies
obtaining access to CDLIS records may
be subject to the Privacy Act, if they
establish a system of records with the
information obtained from CDLIS. Such
agencies may also need to provide a
process for review and correction of
those records.
Availability of Information From CDLIS
Section 12007(c) of the CMVSA
directed the Secretary to establish an
information system, now known as
CDLIS, to exchange commercial driver
licensing information among all the
States. CDLIS includes the databases of
fifty-one licensing jurisdictions and the
CDLIS Central Site, all connected by a
telecommunications network.
The CDL program was designed based
on these fundamental principles—that
no person who operates a commercial
motor vehicle shall at any time have
more than one driver’s license, that one
license shall contain that person’s
complete driving record, and that the

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licensing State shall be notified of any
convictions of violations of any motor
vehicle control laws in any other State.
CDLIS supports these principles by
providing the Central Site, the
telecommunications network, and the
operating protocols States need to
exchange commercial license,
conviction and safety information on
individual CDL drivers. Drivers who
wish to review and, if necessary, correct
information about them in CDLIS must
contact the State agency that issued
their license.
FMCSA Policy on Availability of
Information From CDLIS
It is FMCSA’s policy that another
Federal agency may request access to
information in CDLIS by written
submission to FMCSA’s Chief Safety
Officer. In the request, the applicant
must state the legal basis and the need
for access to CDLIS. A Federal agency
will be required to execute a
Memorandum of Understanding (MOU)
with the Department of Transportation
and/or FMCSA before access to CDLIS
data will be provided.
Issued on: January 7, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05–669 Filed 1–12–05; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice of Safety Advisory 2005–01;
Position of Switches in Non-Signaled
Territory
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of safety advisory.
AGENCY:

SUMMARY: FRA is issuing Safety
Advisory 2005–01 to advise all railroads
to review their operating rules and take
certain other action necessary to ensure
that train crews who operate manual
(hand-operated) main track switches in
non-signaled territory restore the
switches to their normal position after
use. FRA intends this advisory to reduce
the risk of serious injury or death both
to railroad employees and the general
public due to not restoring such
switches to their normal position after
use.
FOR FURTHER INFORMATION CONTACT:
Douglas H. Taylor, Staff Director,
Operating Practices Division, Office of
Safety Assurance and Compliance, FRA,
1120 Vermont Avenue, NW., RRS–11,

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Mail Stop 25, Washington, DC 20590
(telephone (202) 493–6255).
SUPPLEMENTARY INFORMATION:
Factual Background
A review of FRA’s accident/incident
data shows that, overall, the safety of
rail transportation continues to improve.
However, FRA has particular concern
that recent accidents on Class I railroads
in non-signaled territory were caused, or
apparently caused, by the failure of
railroad employees to return manual
(hand-operated) main track switches to
their normal position, i.e., lined for the
main track, after use. As a result, rather
than continuing their intended
movement on the main track, trains
approaching these switches in a facingpoint direction were unexpectedly
diverted from the main track onto the
diverging route, and consequently
derailed. Most recently:
• On January 8, 2005, a Burlington
Northern and Santa Fe Railway
Company (BNSF) freight train was
unexpectedly diverted onto an
industrial track in Bieber, California.
The BNSF train struck two loaded grain
cars, derailing seven locomotives and 14
cars. Two railroad employees were
injured. Initial damages to equipment
and track are in excess of $970,000.
• On January 6, 2005, a Norfolk
Southern Railway Company (NS) freight
train was apparently unexpectedly
diverted from the main track onto an
industrial lead in Graniteville, South
Carolina. The NS train struck a standing
train on the industrial lead, derailing
three locomotives and 16 cars. One of
the derailed cars that contained chlorine
ruptured and released product. As a
result, eight citizens and one railroad
employee were killed, 5,400 local
residents remain evacuated, and 234
people have sought medical treatment.
The National Transportation Safety
Board (NTSB) began its investigation
immediately and will not make its
findings of probable cause for some
time. FRA has representatives at the site
assisting in the investigation. By stating
here its preliminary impression of what
may have contributed to this tragic
accident, FRA in no way intends to
supersede the NTSB’s thorough and
painstaking efforts that will ultimately
lead to its official findings of cause.
FRA’s regulations (49 CFR part 217)
require each railroad to instruct its
employees on the meaning and
application of its code of operating
rules, and to periodically test its
employees to determine their level of
compliance. Railroad operating rules
provide that the normal position for a
main track switch is lined and locked
for movement on the main track.

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