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The Week in Review
March 31, 2008

VeriSol (www.verisol.com)

Digimarc (http://www.digimarc.com/)

NIC Inc. (www.nicusa.com/twir)

Midwest Bank Note Company (http://www.nicusa.com/twir)

Q-Matic Corporation (www.q-matic.com)

Motor Vehicle Network (www.mvnetwork.com)


DHS Privacy Impact Assessments 

The Privacy Office of the Department of Homeland Security (DHS) is making available nine Privacy Impact Assessments on various programs and systems in the Department. These assessments were approved and published on the Privacy Office’s Web site between July 1,2007 and Sept. 30, 2007. The Privacy Impact Assessments will be available on the DHS Web site (http://www.dhs.gov/privacy), under the link for “Privacy Impact Assessments” until May 5, 2008, after which they may be obtained by contacting the DHS Privacy Office.

NHTSA Publishes Final Motor Vehicle Theft Data 

In the March 12 Federal Register, the National Highway Traffic Safety Administration (NHTSA) published the final data on thefts of model year (MY) 2005 passenger motor vehicles that occurred in calendar year (CY) 2005. The final 2005 theft data indicates an increase in the vehicle theft rate experienced in CY/MY 2005. The final theft rate for MY 2005 passenger vehicles stolen in calendar year 2005 (1.85 thefts per thousand vehicles) increased by 1.1 percent from the theft rate for CY/MY 2004 (1.83 thefts per thousand vehicles) when compared to the theft rate experienced in CY/MY 2004. As explained in this notice, NHTSA is not concerned at this time about this minor increase. Publication of this data fulfills NHTSA's statutory obligation to periodically obtain accurate and timely theft data and publish the information for review and comment. View the March 12 Federal Register notice for more information.

L-1 Identity Solutions to Acquire ID Systems Business from Digimarc 

L-1 Identity Solutions, Inc. (L-1) and Digimarc announced on March 24 that L-1 will acquire Digimarc's ID Systems business in a stock and cash transaction valued at approximately $250 million based on the current market price of L-1 company stock. The acquisition has been approved by the respective Board of Directors of each company. Under the terms of the definitive agreement, Digimarc stockholders will receive 50 percent of the purchase consideration in shares of L-1 stock and 50 percent in cash, subject to variations in the price of L-1 stock. The cash consideration is approximately $120 million. The number of L-1 shares to be issued will be based on the average price of L-1 stock over the 20 consecutive trading days ending five days prior to closing of the transaction, which based on the current market price of L-1 stock is approximately 10.3 million shares. If the price of L-1 stock exceeds $14 per share, the number shares will be reduced. Under the definitive agreement, the maximum number of L-1 shares that can be issued is 11.3 million. As part of the transaction, L-1 has agreed to purchase $5 million of the common stock of the new digital watermarking company at fair market value immediately following the spin-off. For a more detailed description of the terms and conditions of the transaction, review the public filing of the agreement.

National Surface Transportation Infrastructure Financing Commission Meetings 

The National Surface Transportation Infrastructure Financing Commission will hold its tenth meeting on Thursday, April 12, 2008 from 8:30am to 4pm, and its eleventh meeting on Tuesday, May 13, 2008 from 8:30am to 4pm. The meetings are open to the public and are scheduled to take place at the Department’s headquarters building, located at 1200 New Jersey Avenue, SE., Washington, DC 20590, in Conference Room W82-302.  If you need accommodations because of a disability or require additional information to attend this meeting, contact John V. Wells, Chief Economist, U.S. Department of Transportation, (202) 366-9224, jack.wells@dot.gov. The National Surface Transportation Infrastructure Financing Commission is charged with analyzing future highway and transit needs and the finances of the Highway Trust Fund and with making recommendations regarding alternative approaches to financing surface transportation infrastructure.

DHS Issues Correcting Amendments to TWIC Final Rule 

The Department of Homeland Security (DHS) issued an amendment to the Transportation Worker Identification Credential (TWIC) final rule that clarifies that E-2 Visa (Treaty Investor) holders are eligible for a TWIC, and corrects an error in the final rule published on Jan. 25, 2007 72 FR 4392. The amendment adds the E-2 Visa as one of the permissible visa categories for TWIC applicants. Holders of E-2 Visas were explicitly listed as eligible to hold a TWIC in the preamble of the rule, and therefore, this revision carries out the intent of the rule. These amendments are effective as of March 12, 2008. View the March 12 Federal Register notice for more details.

U.S. Marshals Ask for MVA Help 

The U.S. Marshals Services has requested AAMVA assistance with educating motor vehicle agencies about requirements to protect judges and their family personal information. The Court Security Improvement Act of 2007 (P.L. 110-177) signed into law on Jan. 7, boosts penalties for attacking or threatening judges or their families at all levels of the federal judiciary, and also authorizes the Department of Justice to make grants to states, municipalities and American Indian tribes for similar protections. The law also expands the jurisdiction of the U.S. Marshals Service to include tax courts and any other courts. In addition, Section 508 in the law contains provisions amending the REAL ID Act to protect judge’s addresses appearing on the individual’s driver’s license and identification cards. The bill amends section 202(b)(6) of the REAL ID and allow federal judges to substitute the address of the federal courthouse for their address of principle residence and in the case of a Justice of the United States, the address of the U.S. Supreme Court.

The U.S. Marshals Services is asking for states cooperation to implement this requirement to protect members of the Judicial Conference addresses for public security reasons. The agency is planning on sending out letters to each motor vehicle agency. If you have any questions, contact Jeff Cahall, Senior Inspector, JTTF Program Coordinator, U.S. Marshal Service, Office of Protective Intelligence, (202) 305-8856. 

Passport Required for Land, Sea Travel into the U.S. 

Effective June 1, 2009, travelers will be required to present a passport or other approved secure document denoting citizenship and identity for all land and sea travel into the United States. The final rule for the land and sea portion of the Western Hemisphere Travel Initiative (WHTI), announced March 27, applies to previously exempt travelers, including citizens of the U.S., Canada and Bermuda. Department of Homeland Security (DHS) Secretary Chertoff said, "Limiting and standardizing the types of documents presented will result in a more secure and efficient border. We will continue to encourage cross-border travel and trade while at the same time decreasing identity theft and fraud." In addition to the release of the WHTI final rule, DHS is officially designating the Washington State Enhanced Driver's License (EDL) a WHTI-compliant document. As of March 24, Washington state had already scheduled more than 18,600 appointments for EDL interviews and issued more than 6,400 EDLs. Read more on the DHS Web site.

Idaho in Production with Digital Image Access & Exchange Program 

Idaho has successfully completed the Digital Image Access and Exchange Program (DIAEP) structured testing and migrated the DIAEP functionality into production on March 25, 2008. Idaho is now actively exchanging driver's license photos in a production environment with these jurisdictions: Arizona, the District of Columbia, Kentucky, Massachusetts, Pennsylvania, South Dakota, and Virginia. Funding for the DIAEP is provided by the National Highway Traffic Safety Administration (NHTSA) and will be available through December 2008. For information on the DIAEP, contact AAMVA's Paul Blanchard via e-mail or at (703) 908-5780. Congratulations to Idaho for a job well done!

Request for Comments on Hours of Service of Drivers Regulations 

In accordance with the Paperwork Reduction Act of 1995, the Federal Motor Carrier Safety Administration (FMCSA) announces its plan to submit the Information Collection Request (ICR) on Hours of Service (HOS) of Drivers Regulations, Supporting Documents (formerly Hours of Service of Drivers Regulations) to the Office of Management and Budget (OMB) for review and approval. On Nov. 26, 2007, FMCSA published a Federal Register notice allowing for a 60-day comment period on the ICR. Thirty-eight comments were received, but none spoke to the paperwork burden or other aspects of the ICR. Send your comments by April 18, 2008. OMB must receive your comments by this date in order to act quickly on the ICR. More details are available in the March 19 Federal Register notice.

Request for Comments on Procedures for Transportation Drug & Alcohol Testing Program 

The Department of Transportation (DOT) Office of the Secretary (OST) invites public comments about its intention to request the Office of Management and Budget’s (OMB) approval to renew an information collection. The collection involves Transportation Drug and Alcohol Testing. The information to be collected will be used to document tests conducted and actions taken to ensure safety in the workplace. Under the Omnibus Transportation Employee Testing Act of 1991, DOT is required to implement a drug and alcohol testing program in various transportation-related industries. Submit comments by May 16, 2008. More information is available in the Federal Register notice.

Comment Period Extended for Minimum Training Requirements for Entry-Level CMV Operators 

In response to a request, the Federal Motor Carrier Safety Administration (FMCSA) extends until May 23, 2008, the comment period for Minimum Training Requirements for Entry-level Commercial Motor Vehicle (CMV) Operators as listed in a notice of proposed rulemaking (NPRM) published on Dec. 26, 2007. FMCSA also updates information in the Paperwork Reduction Act section in the preamble to the NPRM. Submit comments regarding the NPRM to the docket by May 23, 2008. Submit comments regarding updated information under the Paperwork Reduction Act by May 23, 2008. More details are available in the March 24 Federal Register notice.

Request for Comment on Demonstration Project on NAFTA Trucking Provisions 

The Federal Motor Carrier Safety Administration (FMCSA) announces and requests public comment on data and information concerning the Pre-Authority Safety Audits (PASAs) for motor carriers that have applied to participate in the Agency's project to demonstrate the ability of Mexico-domiciled motor carriers to operate safely in the United States beyond the commercial zones on the U.S.-Mexico border. This action is required by the "U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007." Comments must be received on or before April 8, 2008. More information is available in the March 24 Federal Register notice.

Seat Belt Usage Among Truck Drivers Hits Record Level 

The number of professional truckers buckling up their seat belts jumped dramatically in 2007 to a record level of 65 percent, U.S. Secretary of Transportation Mary E. Peters announced March 25 during a national conference of state commercial vehicle law enforcement officers. “Seat belt usage among commercial motor vehicle drivers rose to a new high of 65 percent,” said Secretary Peters. “Though we’ve made great strides, we won’t rest until 100 percent of commercial motor vehicle drivers wear a seat belt 100 percent of the time.” Currently, 82 percent of passenger vehicle drivers wear seat belts. A survey conducted in 2003 found that only 48 percent of truck drivers used seat belts. In 2006, this figure had improved to 59 percent. The results were the findings of the largest and most comprehensive study ever conducted. Secretary Peters credited the increased seat belt usage in part to the creation of a coalition established by the Department in 2003 with the purpose of increasing seat belt usage among truck drivers. She also credited a 2007 public service announcement the Department produced starring NASCAR driver Rusty Wallace for helping to raise seat belt awareness among truck drivers. To download print, audio and video copies of the FMCSA-Rusty Wallace public service announcement, or to obtain a copy of the “Seat Belt Usage by Commercial Motor Vehicle Drivers 2007 Survey”, visit www.fmcsa.dot.gov

Insurer Report on Motor Vehicle Theft for 2002 Available 

The National Highway Traffic Safety Administration (NHTSA) has published the annual insurer report on motor vehicle theft for the 2002 reporting year. Section 33112(h) of Title 49 of the U.S. Code, requires this information to be compiled periodically and published by the agency in a form that will be helpful to the public, the law enforcement community, and Congress. As required by section 33112(c), this report provides information on theft and recovery of vehicles; rating rules and plans used by motor vehicle insurers to reduce premiums due to a reduction in motor vehicle thefts; and actions taken by insurers to assist in deterring thefts. View the March 12 Federal Register notice for more details.

Comments Requested on Truck Driver Hours of Service and Fatigue Management 

In accordance with the Paperwork Reduction Act of 1995, the Federal Motor Carrier Safety Administration (FMCSA) announces in a March 21 Federal Register notice that the Information Collection Request (ICR) abstracted in the notice has been forwarded to the Office of Management and Budget (OMB) to request an emergency approval process. FMCSA requested approval of this ICR not later than 30 days from the date of publication of this notice. The purpose of this information collection is to analyze the impact of the new Hours-of-Service regulations on drivers and the effects of these regulations on driver fatigue as well as to acquire general demographic information regarding the commercial motor vehicle driving population. Send your comments by April 21, 2008. OMB must receive your comments by this date in order to act quickly on the ICR. View the March 21 Federal Register notice for more information.

UN Debates Road Safety Resolution 

On March 31, 2008, the United Nations (UN) will be debating a landmark road safety resolution at UN Headquarters in New York. This resolution, which includes the first-ever UN Ministerial Conference on Road Safety, would elevate road safety to the international priority level of AIDS, TB, and Malaria, and lead to increased government support and funding worldwide. More information is available online at http://www.makeroadssafe.org/us/

Congress Reconvenes 

Congress is back in session today (March 31) after a two-week spring recess.

Insurance Cost Information Regulation Published 

The National Highway Traffic Safety Administration (NHTSA) announced in the March 17 Federal Register a publication of the 2008 text and data for the annual insurance cost information booklet that all car dealers must make available to prospective purchasers, pursuant to 49 CFR 582.4. This information is intended to assist prospective purchasers in comparing differences in passenger vehicle collision loss experience that could affect auto insurance costs. Interested persons may obtain a copy of this booklet or read background documents by going to http://regulations.dot.gov at any time or to Room W12-140 on the ground level of the West Building, 1200 New Jersey Avenue, SE., Washington, DC, between 9am and 5pm, Monday through Friday, except federal Holidays. More information is available in the Federal Register notice.

Funding Available for FY 2008 State Clean Diesel Grant Program 

The Energy Policy Act of 2005 (H.R. 6) signed into law on Aug. 8, 2005 (Pub. L. 109-58) incorporates provisions to achieve significant reductions in diesel emissions. Section 793 of the Energy Policy Act of 2005 authorizes the U.S. Environmental Protection Agency (EPA) to support grant and loan programs administered by states that are designed to achieve significant reductions in diesel emissions. This program authorized in Section 793 is referred to as the State Clean Diesel Grant Program for this Notice. EPA expects to have approximately $14.8 million available in fiscal year 2008 in the form of assistance agreements to issue under the State Clean Diesel Grant Program. In order to participate, states must notify EPA of their intent to apply to the State Clean Diesel Grant Program through a Notice of Intent to Apply as described in Section 6 of the March 10 Federal Register notice on or before April 24, 2008 at 11:59 pm. (PDT). States must submit applications to EPA as described in Section 6 of this Notice on or before June 23, 2008 at 11:59 pm (PDT). Failure to meet these deadlines could result in ineligibility for fiscal year 2008 funding. More information is available in the March 10 Federal Register notice.

NHTSA Denies Petition for Changes in Air Brake Systems 

The National Highway Traffic Safety Administration (NHTSA) denied a petition by Wayne Walch of TP Trucking in which the petitioner requested three changes to Federal Motor Vehicle Safety Standard (FMVSS) No. 121, Air brake systems, related to the air compressor operation and low air pressure warning system. After reviewing the petition and the available real world data, the agency has decided to deny it in its entirety because one of the suggested changes is already in the standard, the second would not result in any measurable safety benefit, and the third was, among other things, not described in sufficient detail for the agency to evaluate its function or purpose. For more details, view the March 7 Federal Register notice.

Application Period Open for New Standing Committee Volunteers 

The application period has opened for standing committee positions beginning Fall 2008 (committee terms are 2 years). If you're interested in submitting your name for consideration, complete the Committee Volunteer form located on the AAMVA web page. By submitting your name, we understand you have received approval from your organization/administrator to participate in AAMVA meetings, workshops, working groups, etc. Travel may be required as part of your participation. Return completed forms by close of business, April 14 to AAMVA’s Jim Magruder via e-mail or fax at (703) 908-2851.

FDR Instructor Certification Scheduled for May 

A Fraudulent Document Recognition (FDR) Instructor Certification course is scheduled for May 12-16, 2008, at the Millennium Hotel Complex in St. Louis, Missouri. This class is available for participants who have completed AAMVA University's FDR Level II classroom course. Class size is limited to 16 participants. A minimum of 10 registrations is required for the class to be held. Please do not finalize travel arrangements until you receive confirmation for the class, which will not be determined until 10 slots have been filled or on April 18, whichever comes first. To register, download the appropriate registration form based on your payment options from www.aamva-u.org. For program information, contact Linda Honig at lhonig@aamva.org or call toll-free (866) 908-8270. Don’t miss out! Register today!

Tell Us What You Think! 

Are you getting the information you need? Are you getting it in the format you want? Let AAMVA know if the association is communicating with you effectively. Participate in a brief survey to help AAMVA assess its communications efforts. It will only take a few moments and can be accessed through the member online survey tool. Share your candid responses today!

Don't Miss Out on Free Online NMVTIS Training! 

AAMVA University is offering free training for the AAMVA membership via http://aamva.webroom.com. There are two new course offerings: 3-Year Calculations for Serious Violations and NMVTIS 101. 3-Year Calculations for Serious Violations is a CDLIS Advanced course that covers information pertaining to Table 2 of 49 CFR §383.51 Disqualifications for serious traffic violations and uses several examples to demonstrate how to properly determine and apply penalties for second and third serious convictions within 3 years. This course is recommended for those involved in the CDL program within their jurisdiction. NMVTIS 101 provides participants with an overview of the National Motor Vehicle Title Information System (NMVTIS). The course describes issues of vehicle titling without NMVTIS; NMVTIS benefits to MVAs, law enforcement and consumers; why NMVTIS is mandatory; how NMVTIS works; NMVTIS data along with who provides and receives it; the recommended development approach; and how AAMVA can support your state's development and post-implementation efforts. Visit http://aamva.webroom.com and enroll today!

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Quote of the Week

"It is the mark of an educated mind to be able to entertain a thought without accepting it."
--Aristotle