(Trifolium stoloniferum)	Terrestrial

	Harperella	Endangered	Dicot	No

	(Ptilimnium nodosum)	Freshwater

	Rock-cress, Shale Barren	Endangered	Dicot	No

	(Arabis serotina)	Terrestrial

	Spiraea, Virginia	Threatened	Dicot	No

	(Spiraea virginiana)	Terrestrial

	Snail, Flat-spired Three-toothed	Threatened	Gastropod	No

	(Triodopsis platysayoides)	Terrestrial

	Bat, Gray	Endangered	Mammal	No

	(Myotis grisescens)	Subterraneous, Terrestrial

	Bat, Indiana	Endangered	Mammal	Yes

	(Myotis sodalis)	Subterraneous, Terrestrial

	Bat, Virginia Big-eared	Endangered	Mammal	Yes

	(Corynorhinus (=Plecotus) townsendii virginianus)	Terrestrial, Subterraneous

	Squirrel, Carolina Northern Flying	Endangered	Mammal	No

	(Glaucomys sabrinus coloratus)	Terrestrial

	Bulrush, Northeastern (=Barbed Bristle)	Endangered	Monocot	No

	(Scirpus ancistrochaetus)	Terrestrial, Freshwater

	Wisconsin	( 14) species:	Taxa	Critical Habitat

	Crane, Whooping	Endangered	Bird	Yes

	(Grus americana)	Terrestrial, Freshwater

	Plover, Piping	Endangered	Bird	Yes

	(Charadrius melodus)	Terrestrial

	Warbler (=Wood), Kirtland's	Endangered	Bird	No

	(Dendroica kirtlandii)	Terrestrial

	Mussel, Winged Mapleleaf	Endangered	Bivalve	No

	(Quadrula fragosa)	Freshwater

	Pearlymussel, Higgins' Eye	Endangered	Bivalve	No

	(Lampsilis higginsii)	Freshwater

	Clover, Prairie Bush	Threatened	Dicot	No

	(Lespedeza leptostachya)	Terrestrial

	Locoweed, Fassett's	Threatened	Dicot	No

	(Oxytropis campestris var. chartacea)	Terrestrial

	Monkshood, Northern Wild	Threatened	Dicot	No

	(Aconitum noveboracense)	Terrestrial

	Thistle, Pitcher's	Threatened	Dicot	No

	(Cirsium pitcheri)	Terrestrial

	Butterfly, Karner Blue	Endangered	Insect	No

	(Lycaeides melissa samuelis)	Terrestrial

	Dragonfly, Hine's Emerald	Endangered	Insect	Yes

	(Somatochlora hineana)	Freshwater, Terrestrial

5/18/2010 12:46:19 PM   Ver. 2.10.4	Page 94 of 95

	Wisconsin	( 14) species:	Taxa	Critical Habitat

	Lynx, Canada	Threatened	Mammal	No

	(Lynx canadensis)	Terrestrial

	Iris, Dwarf Lake	Threatened	Monocot	No

	(Iris lacustris)	Terrestrial

	Orchid, Eastern Prairie Fringed	Threatened	Monocot	No

	(Platanthera leucophaea)	Terrestrial

	Wyoming	( 5) species:	Taxa	Critical Habitat

	Butterfly Plant, Colorado	Threatened	Dicot	Yes

	(Gaura neomexicana var. coloradensis)	Terrestrial

	Yellowhead, Desert	Threatened	Dicot	Yes

	(Yermo xanthocephalus)	Terrestrial

	Bear, Grizzly	Threatened	Mammal	No

	(Ursus arctos horribilis)	Terrestrial

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 http://www.epa.gov/opp00001/ecosystem/pollinator-protection.html#intern ational

 EFED acknowledges recent receipt of a pollinator field study (MRID 480533-01). This study is currently under review to determine if it satisfies data requirements. In addition, the California Department of Pesticide Regulation has requested residue monitoring data. This data, along with relevant open literature, may be used by EFED as appropriate.

 http://www.epa.gov/oppfead1/labeling/lrm/

 EFED acknowledges recent receipt of a pollinator field study (MRID 480533-01). This study is currently under review to determine if it satisfies data requirements. In addition, the California Department of Pesticide Regulation has requested residue monitoring data. This data, along with relevant open literature, may be used by EFED as appropriate.

 http://www.epa.gov/opp00001/ecosystem/pollinator-protection.html#intern ational

 http://www.xerces.org/pollinator-conservation-agriculture/

 EFED acknowledges recent receipt of a pollinator field study (MRID 480533-01). This study is currently under review to determine if it satisfies data requirements. In addition, the California Department of Pesticide Regulation has requested residue monitoring data. This data, along with relevant open literature, may be used by EFED as appropriate.

 PAGE

 PAGE   25


[Federal Register: January 10, 2007 (Volume 72, Number 6)]
[Notices]
[Page 1252-1253]
[DOCID:fr10ja07-85]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55037; File No. SR-FICC-2006-10]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Order Approving Proposed Rule Change To Amend the Rules of Its
Mortgage-Backed Securities Division Regarding Membership Requirements
for Unregistered Investment Pools

January 3, 2007.

I. Introduction

    On June 9, 2006, the Fixed Income Clearing Corporation (``FICC'')
filed with the Securities and Exchange Commission (``Commission'')
proposed rule change SR-FICC-2006-10 pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'').\1\ Notice of the
proposal was published in the Federal Register on November 24, 2006.\2\
No comment letters were received. For the reasons discussed below, the
Commission is approving the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ Securities Exchange Act Release No. 54769 (November 16,
2006), 71 FR 67946.
---------------------------------------------------------------------------

II. Description

    FICC is proposing to amend the rules of its Mortgage-Backed
Securities Division (``MBSD'') regarding the membership requirements of
``Unregistered Investment Pools.'' \3\ Currently, unregistered
investment pools have essentially the same membership standards as
other MBSD non-broker clearing members.\4\ The size

of the unregistered investment pool industry has grown, and
Unregistered Investment Pools and their advisers have become
significant participants in the industry. FICC reexamined its treatment
of participants that are Unregistered Investment Pools and has
determined it is necessary to enhance the clearing membership standards
applicable to these entities.
---------------------------------------------------------------------------

    \3\ As noted below, the term ``Unregistered Investment Pool'' is
a newly-defined term in the MBSD's Rules.
    \4\ Currently, a clearing applicant or participant that is an
unregistered investment pool and whose financial statements are
prepared in accordance with U.S. generally accepted accounting
principles (``GAAP'') must satisfy a minimum financial requirement
of $10 million in net asset value. In this filing, FICC is making a
technical change to replace the term ``net asset value'' with the
term ``net assets'' to more accurately state the financial
requirement.
---------------------------------------------------------------------------

    FICC is proposing to adopt a definition for Unregistered Investment
Pool, which will identify the entities that would become subject to the
enhanced membership requirements for such entities. Under the new
membership requirements, an Unregistered Investment Pool is an entity
that holds a pool of securities and/or other assets that meets the
following criteria: (i) It is not registered as an investment company
under the Investment Company Act of 1940, (ii) it does not register its
securities offerings under the Securities Act of 1933, and (iii) it has
an investment advisor that is registered with the Commission under the
Investment Advisers Act of 1940, or if the investment adviser is not
registered, the Unregistered Investment Pool has a lock-up period of
two (2) years or greater.
    Entities that meet the definition of Unregistered Investment Pool
will be eligible to apply to become MBSD clearing participants only if
they meet the new membership criteria set forth below.\5\ The MBSD's
current participants that fall within the definition of Unregistered
Investment Pool will have one year from the date of approval of this
rule filing in which to conform to the new minimum financial and
qualitative rating requirements.
---------------------------------------------------------------------------

    \5\ It is important to note that entities that meet the MBSD's
definition of Unregistered Investment Pool will be treated as such
by the MBSD regardless of whether the entity considers itself to be
an Unregistered Investment Pool.
---------------------------------------------------------------------------

    The new membership requirements for Unregistered Investment Pools
are as follows:
    (1) SEC Registration: The investment advisor of the Unregistered
Investment Pool must: (i) be registered with the Commission under the
Investment Advisers Act of 1940 or (ii) if it is not registered with
the Commission, the Unregistered Investment Pool that the investment
adviser advises must have an initial lock-up period of two (2) years or
greater.
    (2) Minimum Net Assets: The Unregistered Investment Pool will be
required to have and to maintain net assets of $250 million or
greater.\6\ If the Unregistered Investment Pool does not meet the $250
million net asset requirement but the Unregistered Investment Pool has
net assets of at least $50 million \7\ or greater, the Unregistered
Investment Pool will be eligible for MBSD clearing membership if its
investment advisor has assets under management of at least $1.5 billion
and advises an existing MBSD clearing participant.
---------------------------------------------------------------------------

    \6\ The $250 million net assets requirement is the requirement
that will be applicable to Unregistered Investment Pools whose
financial statements are prepared in accordance with U.S. GAAP.
Those Unregistered Investment Pools whose financial statements are
prepared using other types of GAAP will be subject to the higher
minimum requirements as determined by Article III, Rule 1, Section 2
of the MBSD's Rules.
    \7\ The $50 million net assets requirement is the requirement
that will be applicable to Unregistered Investment Pools whose
financial statements are prepared in accordance with U.S. GAAP.
Those Unregistered Investment Pools whose financial statements are
prepared using other types of GAAP will be subject to the higher
minimum requirements as determined by Article III, Rule 1, Section 2
of the MBSD's Rules.
---------------------------------------------------------------------------

    (3) Qualitative Rating: The MBSD will require an Unregistered
Investment Pool to obtain a minimum required rating of ``above
average'' as a result of an FICC internal qualitative assessment. FICC
believes it is important to consider qualitative factors in order to
assess both Unregistered Investment Pool applicants and members.\8\
---------------------------------------------------------------------------

    \8\ Staff in the MBSD's Risk Division will determine a
qualitative rating for each Unregistered Investment Pool applicant
and will review qualitative ratings of Unregistered Investment Pool
members on an annual basis. The assessment will include
consideration of factors deemed relevant by the Risk Division,
including management, capital, strategy and risk profile, and
internal controls. (Because responsibility for these factors with
respect to a particular Unregistered Investment Pool may be with the
Unregistered Investment Pool, with the investment advisor, with some
other entity (i.e., a third party service provider), or with some
combination of these, Risk staff will perform the assessment for
each factor with the entity or entities it deems appropriate.) The
assessment will assess the strengths and weaknesses of these factors
and will assign a qualitative rating to the Unregistered Investment
Pool. In order to qualify for membership, Unregistered Investment
Pools must meet a qualitative rating of at least ``above average''
as determined by the Risk Division's staff.
---------------------------------------------------------------------------

III. Discussion

    Section 17A(b)(3)(F) of the Act requires that the rules of a
clearing agency be designed to assure the safeguarding of securities
and funds which are in its custody or control.\9\ The Commission finds
that FICC's proposed rule change is consistent with this requirement
because by enhancing membership requirements for Unregistered
Investment Pools, FICC should be better able to mitigate financial risk
to itself and to its members and therefore should be better able to
assure the safeguarding of securities and funds that are in its custody
or control or for which it is responsible.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act \10\ and the
rules and regulations thereunder.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (File No. SR-FICC-2006-10) be and hereby
is approved.\11\
---------------------------------------------------------------------------

    \11\ In approving the proposed rule change, the Commission
considered efficiency, competition and capital formation. 15 U.S.C.
78c(f).

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-158 Filed 1-9-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Notices]
[Pages 63622-63624]
[FR Doc No: 2014-25417]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9917-89-OEI; EPA-HQ-OEI-2013-0752]

Amendment of the External Compliance Program Discrimination
Complaint Files, EPA-21

AGENCY: Environmental Protection Agency.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the provisions of the Privacy Act of 1974 (5 USC
552a), the Environmental Protection Agency (EPA) is giving notice that
it is amending the External Compliance Program Discrimination Complaint
Files system of records. The system is being amended to change the (1)
system name; (2) addresses of system locations and system managers; (3)
categories of individuals covered by the system; (4) routine uses; and
(5) storage, retrievability and safeguard requirements.

DATES: Persons wishing to comment on this system of records notice must
do so by December 3, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2013-0752, by one of the following methods:
     www.regulations.gov: Follow the online instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Hand Delivery: OEI Docket, EPA/DC, WJC 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.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2013-0752. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information for which
disclosure is restricted by

statute. Do not submit information that you consider to be CBI or
otherwise protected through www.regulations.gov. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means the EPA will not know your identity or contact information unless
you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through www.regulations.gov
your email 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, the 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
the EPA cannot read your comment due to technical difficulties and
cannot contact you for clarification, the 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 the 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
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 at www.regulations.gov or in hard copy at the OEI
Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution Ave.
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<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Samuel Peterson, Equal Opportunity
Investigator,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    General Information:
    The U.S. Environmental Protection Agency (EPA) has created a
Privacy Act system of records for the External Compliance Program
Discrimination Complaint Files system. The External Compliance Program
Discrimination Complaint Files system has been developed to provide the
Office of Civil Rights (OCR) with the ability to more effectively
manage its program information needs and to integrate the office's
various business processes. The External Compliance Program
Discrimination Complaint Files system supports the collection of
compliance-related data and other information needed by OCR to complete
compliance activities and issue determinations. The External Compliance
Program Discrimination Complaint Files system has been renamed the
Title VI External Compliance Case Tracking System. The system of
records is also being amended to more accurately describe the scope of
the system of records and to reflect current storage, retrievability,
safeguards and other changes that have occurred since the original
system of records notice was published in January 2006. In addition,
there have been changes to routine uses and the addresses of system
locations and system managers.
    Access to the records in this system is limited to OCR employees
whose official duties require using the information. Specific access is
based on need and is determined by the user's role in the organization.
Access is managed through the use of electronic control lists which
regulate the ability to read, change and delete information in the
system. System users have read-only access to designated information in
the system with the ability to only modify their own submissions and
those of others within their region or group. Access to confidential
information is limited. The system maintains an audit trail of all
actions taken in the database. All electronic data are stored on
servers maintained in locked facilities with computerized access
control. The server facility has appropriate environmental security
controls, including measures to mitigate damage to automated
information system resources caused by fire, electricity, water and
inadequate climate controls. Access to servers, individual computers
and databases requires a user log-on with a password. The same access
controls apply to remote users. System administrators have appropriate
security clearances. Printed materials are filed in secure cabinets in
secure federal facilities with access based on need, as described
above, for the automated component of the system.

FOR FURTHER INFORMATION CONTACT: Helena Aguilar, Acting Deputy
Director, EPA OCR, 1200 Pennsylvania Avenue NW., Washington, DC 20460,
Mail Code 1201A, or by email at<EMAIL_ADDRESS>
    Dated: September 23, 2014.
Renee P. Wynn,
Acting Assistant Administrator and Chief Information Officer.
EPA-21

System Name:
    The External Compliance Program Discrimination Complaint Files (the
name is being amended to the Title VI External Compliance Case Tracking
System).

System Location:
    The system is currently hosted under a contract within Micropact,
Inc., located at 107 Carpenter Drive, Suite 140, Sterling, Virginia
20164.

Categories of Individuals Covered by the System:
    Individuals who have filed, or had filed on their behalf,
discrimination complaints regarding recipients of federal financial
assistance on the basis of race, color, national origin, age, sex, or
disability.

Categories of Records in the System:
    Letters or other documents initiating discrimination complaints,
correspondence, internal memoranda and notes pertaining to the
complaints; investigative reports and findings on the complaints and
related information regarding the complaints and investigations. A
computerized case index includes cases by number, complainants (not all
complainants are identified because there are sometimes multiple
complainants in a single case) and recipients. Systemic civil rights
compliance reviews of recipients of federal assistance; information on
recipient employees, contractors or education instructor volunteers, as
contained in documents provided by recipients; medical information;
eligibility determinations impacting complainants, witnesses or other
parties; administrative subpoena files; staff interviews; self-
evaluation plans; records of physical or mental impairments; racial/
ethnic analyses of workforce and program enrollees; sanction hearings;
notice of violations; language assistance plans; recipient staff
interviews and interviews with members of the public; appeal files;
training programs; civil enforcement files; environmental policies and
program files. Any and all information contained on private
individuals, as described above, contained in records of accessibility
or other civil rights reviews that may pertain to facilities funded by
federal financial assistance from the EPA.

Authority for Maintenance of the System, Including Categories of Users,
and the Purpose(s):
    Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq.;
Tile IX of the Education Amendments of 1972, 20 U.S.C. 1681 et seq.;
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794; Federal
Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500, section
13), 33 U.S.C. 1251 note; Title III of the Age Discrimination Act of
1975, 42 U.S.C. 6101 et seq.); Title VIII of the Federal Fair Housing
Act (42 U.S.C. 3601); Executive Orders 11246 (Sept. 24, 1965), 12250
(Nov. 2, 1980) and 12892 (Jan. 17, 1994); 40 CFR part 7.

Purpose(s):
    To support and enhance the discrimination complaint process,
including the investigation and resolution of complaints, and to assure
recipient compliance with the nondiscrimination laws of federal
financial assistance.

Routine Uses of Records Maintained in the System, Including Categories
of Users, and the Purposes of Such Uses:
    General Routine Uses A, C, D, E, F, G, H, I, K and L apply to this
system. Records may also be disclosed to:
    1. The Department of Justice or other federal and state agencies
when necessary to complete an investigation, enforce the
nondiscrimination statutes set forth in the Authority section of this
notice, or assure proper coordination between federal agencies.
    2. Persons named as alleged discriminators to allow such persons
the opportunity to respond to the allegations made against them during
the course of the discrimination complaint process.
    3. Any potential source of information when necessary to obtain
information relevant to an OCR investigation of a discrimination
complaint, but only to the extent necessary to inform the source of the
purpose(s) of the request and to identify the type of information
requested.

Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
     Storage: All electronic data are stored on servers
maintained in locked facilities with computerized access control and
all printed materials are filed in secure cabinets in secure federal
facilities with access based on need.
     Retrieving: These records can be retrieved by name, case
file number, or other unique identifiers.
     Safeguards: Computer records are maintained in a secure,
password-protected computer system. Paper records are maintained in
lockable file cabinets. All records are maintained in secure, access
controlled areas or buildings.
     Retention and Disposal: Records stored in this system are
subject to EPA's records schedule 497.

System Manager(s) and Address:
    Associate Director, Complaints Resolution and External Compliance
Staff, Office of Civil Rights, Environmental Protection Agency, 1200
Pennsylvania Avenue NW., Mail Code 1201A, Washington, DC 20460.

Notification Procedures:
    Any individual who wants to know whether this system of records
contains a record about himself/herself, who wants access to his/her
record, or who wants to contest the contents of a record, should submit
a written request to the EPA FOIA Office, Attn: Privacy Act Officer,
WJC West, MC2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

Record Access Procedure:
    Individuals seeking access to their own personal information 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 and, if necessary, proof of
authority). Additional identity verification procedures may be required
as warranted. Requests must meet the requirements of EPA regulation 40
CFR part 16.

Contesting Records Procedure:
    Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are described in EPA's Privacy Act regulations 40 CFR part
16.

Records Source Categories:
    Complainants, recipients, witnesses, EPA investigators and/or
contract investigators, other EPA personnel, and other persons with
information relevant to the case.

Systems Exempted From Certain Provisions of the Act:
    Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt from the
following provisions of the Privacy Act of 1974, subject to the
limitations set forth in subsection: 5 U.S.C. 552a(c)(3), (d), and
(e)(1).

[FR Doc. 2014-25417 Filed 10-23-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Notices]
[Pages 24247-24251]
[FR Doc No: 2012-9624]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. FMCSA-2012-0132]

Privacy Act of 1974; System of Records Notice

AGENCY: Department of Transportation (DOT), Federal Motor Carrier
Safety Administration (FMCSA).

ACTION: Notice to establish a new system of records.

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SUMMARY: The Department of Transportation's (DOT) Federal Motor Carrier
Administration (FMCSA) intends to establish a new Federal Motor Carrier
system of records titled ``DOT/FMCSA 009--National Registry of
Certified Medical Examiners'' (National Registry), under the Privacy
Act of 1974 (5 U.S.C. 552a).
    The DOT system, known as the National Registry of Certified Medical
Examiners (National Registry), is used to produce trained, certified
medical examiners who fully understand the medical standards in the
Federal Motor Carrier Safety Regulations (FMCSRs). Medical Examiners
(MEs) will be expected to understand how the FMCSR standards relate to
the mental and physical demands of operating a commercial motor vehicle
(CMV). MEs will be required to successfully complete training and pass
a certification test before being listed on the National Registry. Once
the National Registry program is established, FMCSA will require all
interstate CMV drivers to obtain their medical certificates from a
medical examiner listed on the National Registry. The general public
can search and access information about the National Registry program,
including the program description, contact information, and National
Registry Number for all FMCSA Certified MEs, Test Delivery
Organizations and their affiliated Test Centers through the publicly
available Web site.
    MEs who choose to pursue FMCSA certification to conduct CMV medical
exams will register with FMCSA through the National Registry Web site.
FMCSA will track the MEs' status of completion of the required FMCSA
medical examiners' certification process. The MEs will be required to
successfully complete FMCSA-approved training prior to taking the FMCSA
ME certification test at an FMCSA-approved testing organization, at an
affiliated test center's facility, or by means of online testing.
    Test Developers for FMCSA will create and revise the certification
test questions and answers that will be administered by Test Centers.
Test Developers will analyze medical examiner's test certification
responses to identify future improvements and modifications to test
questions. They will also analyze the test questions and answers to
identify potential patterns of fraud and abuse in the testing process
and medical community.
    The Test Centers will verify and document the ME's identity,
medical licensing, and training completion prior to administering the
FMCSA ME certification test. Test Centers will administer the FMCSA
Certification test according to FMCSA specifications and are
responsible for submitting the medical examiner certification test
results to the National Registry. Testing organizations that offer
testing of MEs by means of online testing will provide a means to
authenticate the identity of the person taking the test, to monitor the

activity of the person taking the test, and to prevent the person
taking the test from reproducing the contents of the test. FMCSA will
validate the test results, medical examiner licensing credentials and
training, and notify the ME of certification.
    The Certified Medical Examiner or their administrative personnel
are required to submit data every month to the National Registry for
each CMV driver medical examination they have conducted during the
previous month. FMCSA will use the CMV driver medical exam information
to monitor the ME competence and performance in evaluating the CMV
driver health and fitness and to detect irregularities in examination
procedures. Certified Medical Examiners and their administrative
personnel have the option to register with FMCSA in order to view
previously submitted CMV driver medical exam summary data, upload
driver medical examination summary data to FMCSA and edit their medical
examiner's contact information.
    The National Registry is more thoroughly detailed below and in the
associated Privacy Impact Assessment (PIA). The PIA can be found on the
DOT Privacy Web site at http://dot.gov/privacy. This newly established
system will be included in the Department of Transportation's inventory
of record systems.

DATES: Effective date is May 17, 2012. Written comments should be
submitted on or before the effective date. DOT/FMCSA may publish an
amended SORN in light of any comments received.

ADDRESSES: You may submit comments, identified by Docket No. FMCSA-
2012-0132, by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Department of Transportation Docket Management, Room
W12-140, 1200 New Jersey Ave. SE., Washington, DC 20590.
    Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided.
    Docket: For access to the docket to read background documents or
comments received go to http://www.regulations.gov. Follow the online
instructions for accessing the docket.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Elaine Papp,<PHONE_NUMBER>, Division Chief, Division of Medical
Programs, Office of Carrier, Driver and Vehicle Safety, Federal Motor
Carrier Safety Administration, U.S. Department of Transportation, 1200
New Jersey Avenue SE., Washington, DC 20590. For privacy issues, please
contact: Claire W. Barrett<PHONE_NUMBER>), Departmental Chief Privacy
Officer, Department of Transportation, Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

I. The National Registry Program

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Federal Motor Carrier Administration (FMCSA) proposes to establish a
new DOT system of records titled ``DOT/FMCSA 009--National Registry of
Certified Medical Examiners'' (National Registry) to satisfy the
requirements of 49 U.S.C. 31149.
    The National Registry program is designed to produce trained,
certified medical examiners who fully understand the medical standards
in the Federal Motor Carrier Safety Regulations (FMCSRs). FMCSA is
developing the National Registry program to improve highway safety and
driver health by requiring that medical examiners be trained and
certified to determine effectively whether a commercial motor vehicle
driver's health meets the FMCSR standards. Medical examiners will be
expected to understand how the standards relate to the mental and
physical demands of operating a commercial motor vehicle (CMV). Once
the National Registry program is established, FMCSA will require all
interstate CMV drivers to obtain their medical certificates from a
medical examiner listed on the National Registry. FMCSA will require
MEs who choose to become certified to register on the National Registry
Web site. They will need to provide contact information, ME
credentials, employer information and ME training information. MEs will
be able to update and edit their contact information and training
information. To be listed as a certified ME on the National Registry,
an ME must complete approved training and pass a certification test
administered at a Test Center or by means of online testing by an
FMCSA-approved Testing Delivery Organization. Once certified, an ME
will be listed on FMCSA's public Web site and their contact information
and National Registry Number will be made available to assist CMV
drivers in contacting locating FMCSA certified MEs.
    FMCSA requires MEs to take a certification test at selected Testing
Delivery Organization, affiliated Test Center facility, or by means of
on-line testing. A Testing Delivery Organization may apply to FMCSA for
approval by providing documentation of compliance with FMCSA policies
and procedures. Once FMCSA has approved a Testing Delivery Organization
as eligible to deliver certification tests, the organization and
affiliated Test Centers will be listed on the National Registry and
made available to the public through the FMCSA Web site. The Testing
Delivery Organization and affiliated Test Centers are not covered by
this system of records notice.
    The Testing Delivery Organization/Test Center is responsible for
administering the FMCSA ME certification test according to FMCSA
specifications, scoring and storing test results, and transferring each
ME's certification test results to the National Registry. The test
results will include the ME's National Registry number, test form used,
all test answers, score, and grade for the ME. FMCSA will use automated
and manual processes to determine if the ME's state medical license is
valid before confirming the ME's certification eligibility. Once FMCSA
makes a final eligibility determination, FMCSA will notify the ME of
the certification decision. Test Developers will analyze the
certification exam test results to identify future improvements and
modifications to the test questions. They will also analyze the test
questions and answers to identify potential patterns of fraud and abuse
in the testing process.
    Once certified, the ME may perform CMV driver exams on CMV drivers
who are required to receive a physical exam once every two years. Every
month, the FMCSA Certified Medical Examiner or his or her designated
administrative personnel are required to transmit to the National
Registry at least monthly the results of CMV driver medical
examinations that they have performed. FMCSA will use the CMV driver
medical exam information to monitor ME competence and performance in
evaluating the CMV driver health and fitness and to detect
irregularities in examination procedures. Certified Medical Examiners
and their administrative personnel have the option to register with
FMCSA in order to allow them to view previously submitted CMV driver
medical exam summary data, upload driver medical examination summary
data to FMCSA and edit their medical examiner's contact information.

II. The Privacy Act

    The Privacy Act (5 U.S.C. 552a) governs the means by which the
Federal Government collects, maintains, and uses personally
identifiable information (PII) in a System of Records. A ``System

of Records'' is a group of any records under the control of a federal
agency from which information about individuals is retrieved by name or
other personal identifier. The Privacy Act requires each agency to
publish in the Federal Register a System of Records notice (SORN)
identifying and describing each System of Records the agency maintains,
including the purposes for which the agency uses PII in the system, the
routine uses for which the agency discloses such information outside
the agency, and how individuals to whom a Privacy Act record pertains
can exercise their rights under the Privacy Act (e.g., to determine if
the system contains information about them and to contest inaccurate
information).
    FMCSA has published a Privacy Impact Assessment (PIA) for the
National Registry program and publication of this SORN. In accordance
with 5 U.S.C. 552a(r), DOT has provided a report of this system of
records to the Office of Management and Budget and to Congress.
SYSTEM NUMBER:
DOT/FMCSA 009

SYSTEM NAME:
    National Registry of Certified Medical Examiners (National
Registry).

SECURITY CLASSIFICATION:
    Unclassified, Sensitive.

SYSTEM LOCATION:
    Records are maintained at the Volpe National Transportation Systems
Center (Volpe Center), U.S. Department of Transportation, Cambridge, MA
02142. Records may also be maintained at authorized Test Delivery
Organizations, addresses for which may be found on the FMCSA National
Registry Web site.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this include:
     Medical Examiners (MEs) applying for FMCSA ME
Certification.
     Certified MEs' administrative personnel who have
registered on the National Registry.
     Commercial Motor Vehicle (CMV) Drivers examined by FMCSA
Certified MEs.

CATEGORIES OF RECORDS COVERED BY THE SYSTEM:
    The National Registry of Certified Medical Examiners system
collects, processes, transmits, and stores the following types of
information:
    (1) Information on Medical Examiners:
     Identity Verification
      Full name (first, last, middle initial)*
      Type of ME photographic identification document
      Expiration date of ME photographic identification
document
      National Registry Number created by FMCSA*
     Contact Information/Place of Business (physical location
where ME will perform licensed CMV driver medical exams)
      Business name*
      Business address
      Business telephone number
      Business email address
      Business Web site link information
      Medical Credential
      State Medical License Number*
      Medical License State of Issue
      State medical license expiration date
     Medical profession*
     Employer Contact (Health care provider that employs the
ME)
      Name
      Address
      Telephone number
      Email address
     Training Information
      Training received/completed
      Provider name
      Training provider address
      Training completion date
     Certification Test Information
      Test Delivery Organization/Test Center name
      Date of certification test
      Certification test questions
      Certification test answers
      Test score (numeric)
      Test results (pass/fail)
      Certification Decision/Status
    Data elements marked with an asterisk ``*'' are collectively
referred to as ``National Registry Identity'' information.
    (2) MEs' Administrative Personnel:
     Identity Verification Information
      Full name (first, last, middle initial)
     ME Business Relationship
      Business address
      Business telephone number
      Business email address
      Business Web site link information
      Name of ME for whom the individual is acting as
administrative personnel
      Certified ME National Registry number of ME for whom the
individual is acting as administrative personnel
    (3) Commercial Motor Vehicle Drivers' Information:
     Identity Verification
     [cir] Full name
     [cir] Date of birth
     State Driver's License
      License number
      License issuing State
      Commercial Driver License (CDL) status
      CDL Interstate status
     Medical Examination
      Certificate expiration date
      Name of ME conducting Medical Exam
      Medical qualification decision
      Driver restrictions/variances
      Driver waiver/exemption type
      Supporting medical documentation for medical
qualification decision making (collected only in event of FMCSA
oversight/audit activity)

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    SAFETEA-LU sections 4116(a) (codified as amended at 49 U.S.C.
31149) and 4116(b) (codified as amended at 49 U.S.C. 31136(a)(3)).

PURPOSE(S):
    FMCSA will use the ME contact information, medical credentials,
training, certification test and identification information to evaluate
the ME's eligibility for certification. FMCSA may request and review ME
supporting documentation for eligibility of certification. FMCSA will
compare the ME's identity verification, contact and medical licensing
information to the State's medical licensing data provided by the ME
during registration in order to ensure the data provided by the ME is
valid. FMCSA reviews the ME test responses in order to validate the
test grade and score provided by the Test Center and to ensure that the
Test Center properly graded and scored the test. FMCSA will use the ME
contact and ME employer information to list eligible FMCSA certified
MEs on the publically available Web site for the general public to
search for MEs.
    FMCSA will use the FMCSA ME contact information including that of
their business and/or employer and/or their designated ME
administrative personnel (if identified), to communicate with the ME
regarding the ME's application and certification status.
    FMCSA will use the CMV driver medical exam information to monitor
the ME competence and performance in evaluating the CMV driver's health
and to detect irregularities in examination procedures.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information

contained in this system may be disclosed outside DOT as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
     To the Test Centers verify the ME's identity and
eligibility to take the ME Certification test, to make changes to ME
information (at the direction of the ME) in the National Registry at
the time Certification test, and to transfer Certification test
information to the National Registry.
     To Test Development Contractors who will use the ME
Certification test results, ME profession, and geographic location to
analyze the certification test results to identify future improvements
and modifications to the test questions and to identify potential
patterns of fraud and abuse in the testing process by individual
medical examiner candidates, testing organizations, testing centers, or
proctors.
     To FMCSA Certified MEs or their Administrative Personnel
to search for CMV drivers for whom they have performed medical
examinations and submit/update CMV driver medical exam summary data to
FMCSA.
     To the general public to perform searches of the
publically available portion of the National registry for the purpose
of identifying FMCSA Certified MEs and the location of medical
examination facilities.
     To an agency, organization, or individual for the purpose
of performing audit or oversight operations as authorized by law, but
only such information as is necessary and relevant to such audit or
oversight function.
     To contractors, consultants, and others performing or
working on a contract, cooperative agreement, grant, or other
assignment for DOT, when necessary to accomplish an agency function
related to this system of records. Individuals provided information
under this routine use are subject to the same Privacy Act requirements
and limitations on disclosure as are applicable to FMCSA employees.
     To State Medical Boards for the purposes of verifying ME
license information and status. (State Medical Boards are the
authoritative repositories for ME license information and, as such,
already have access to ME licensing information and the verification of
the same by the Department does not constitute a disclosure under the
Privacy Act. This Routine Use is included in this Notice in an effort
by the Department to be transparent to the public regarding the way it
which it will use personal information maintained in the National
Registry system of records.)
     In addition to those disclosures permitted under 5 U.S.C.
552a(b) of the Privacy Act of 1974, additional disclosures may be made
in accordance with the U.S. Department of Transportation (DOT)
Prefatory Statement of General Routine Uses published in the Federal
Register on December 29, 2010 (75 FR 82132).

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
Storage:
    Records in this system are stored electronically in the National
Registry system. The records are also stored on backup tapes and sent
off-site weekly to a secure storage facility.

Retrievability:
    FMCSA may retrieve ME information based on ME name, business name,
employer address, medical profession, and/or National Registry number.
FMCSA may retrieve information on CMV drivers based on: driver's last
name, and exam start and end date range. MEs may access information on
CMV drivers for whom they have submitted exam results using the
following criteria: driver's last name, or exam start and end date
range. Testing Delivery Organizations/Test Centers may access ME
information for the purposes of verifying ME identity and certification
eligibility using the ME Name, address and/or National Registry number
to verify the ME's eligibility and identification.

Accessibility (Including Safeguards):
    Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable Federal and DOT
automated systems security and access policies. Strict controls have
been imposed to minimize the risk of compromising the information that
is being stored. Access to the computer system containing the 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 and permissions.

Retention and Disposal:
    The DOT/FMCSA records schedule for the National Registry program
records is currently pending approval at the National Archives and
Records Administration (NARA) under Job Number N1-557-11-2. All records
maintained in this system of records will be treated as permanent
records until the schedule is approved by NARA. The proposed schedule
includes the following retention periods for records containing PII:
National Registry Identity Information for all MEs granted National
Registry status shall be retained for 60 years from the date that
certification was granted. Records other than National Registry
Identity information of MEs who are certified will be retained for 16
years (the duration of the certificate's effectiveness, which is ten
(10) years, plus an additional six (6) years to allow employers and
investigators to verify the validity of CMV drivers' medical
certification and to allow FMCSA to process ME removals and
Administrative Reviews of removals).
    National Registry applications of MEs who do not complete the
certification process will be maintained for one year from initial
application submission.
    National Registry applications of MEs who fail the qualification
test or are deemed ineligible for certification by DOT will be
maintained for one year from the date of the certification decision.
    Records of MEs who voluntarily request removal from the National
Registry will be maintained for three years from the date the removal
is finalized by DOT.
    National Registry Identity Information for all MEs involuntarily
removed from the National Registry shall be retained for 60 years from
the date that certification was granted. All other records related to
these MEs shall be retained for 16 years (the duration of the
certificate's effectiveness, which is ten (10) years, plus an
additional six (6) years to allow employers and investigators to verify
the validity of CMV drivers' medical certification and to allow FMCSA
to process ME removals and Administrative Reviews of removals).
    Records of individual CMV Drivers will be maintained concurrently
with the records of the ME who performed the driver's medical
examination.
    Records of the ME's administrative personnel will be maintained
concurrently with the records of the ME for whom they provide services
or for one year from the date that the Department is notified that the
individual is no longer authorized to perform duties in the system on
behalf the ME, whichever is shorter.

System Manager and Address:
    Elaine Papp, Division Chief, Division of Medical Programs, Office
of Carrier, Driver and Vehicle Safety, Federal Motor Carrier Safety
Administration,

U.S. Department of Transportation, 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
email address; a description and the location of the records requested;
and verification of identity (such as a statement, under penalty of
perjury), that the requester is the individual who he or she claims to
be. Requests must conform to the Privacy Act regulations set forth in
49 CFR part 10. You must verify your identity by providing either a
notarized statement or a statement signed under penalty of perjury
stating that you are the person that you say you are. You may fulfill
this requirement by: (1) Having your signature on your request letter
witnessed by a notary; or (2) including the following statement
immediately above the signature on your request letter: ``I declare
under penalty of perjury that the foregoing is true and correct.
Executed on [date].'' If you request information about yourself and do
not follow one of these procedures, your request cannot be processed.
Requests not following these procedures will not processed.

Record Access Procedures:
    Same as indicated under ``Notification Procedure''.

Procedure to Contest Records:
    Same as indicated under ``Notification Procedure''.

Record Source Categories:
    ME information is obtained from application submissions provided by
the medical examiner. CMV driver information is provided by the driver
at the time of medical examination to the ME for submission to FMCSA.

Exemptions Claimed for the System:
    None.

    Dated: April 17, 2012.
Claire W. Barrett,
Departmental Chief Privacy Officer, Department of Transportation.
[FR Doc. 2012-9624 Filed 4-20-12; 8:45 am]
BILLING CODE 4910-62-P