[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Proposed Rules]
[Pages 16729-16731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9368]



 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 61, No. 75 / Wednesday, April 17, 1996 / 
Proposed Rules  

[[Page 16729]]



DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

23 CFR Parts 1325 and 1327

[Docket No. 84-02; Notice 10]
RIN 2127-AG21


Procedures for Transition to New National Driver Register

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to remove the agency's regulation on 
procedures for transition to the new National Driver Register (NDR). It 
also proposes to amend portions of the agency's regulation on 
participating in the NDR Problem Driver Pointer System (PDPS). These 
portions pertain to the steps that States were to follow to notify the 
NDR of their interest in participating in the NDR under PDPS. All 
States have already notified the NDR of their interest in participating 
in the NDR under PDPS, and it is expected that the transition from the 
old NDR to the new PDPS will be completed no later than November 4, 
1996. These provisions will be obsolete at that time. Consistent with 
President Clinton's regulatory reform initiative, NHTSA proposes to 
remove these provisions when the transition to the new NDR has been 
completed.

DATES: Comments must be received by June 3, 1996.

ADDRESSES: Written comments should refer to the docket number and the 
number of this notice and be submitted to (preferably in ten copies) to 
the Docket Section, National Highway Traffic Safety Administration, 
Room 5109, 400 Seventh Street, S.W., Washington, D.C. 20590. (Docket 
hours are from 9:30 a.m. to 4 p.m.)

FOR FURTHER INFORMATION CONTACT: Mr. William Holden, Chief, National 
Driver Register (NTS-24), 400 Seventh Street, S.W., Washington, D.C. 
20590; telephone (202) 366-4800 or Ms. Heidi L. Coleman, Assistant 
Chief Counsel for General Law (NCC-30), 400 Seventh Street, S.W., 
Washington, D.C. 20590; telephone (202) 366-1834.

SUPPLEMENTARY INFORMATION: The National Driver Register (NDR) functions 
as a central, computerized index of State reports on drivers whose 
driving privileges have been denied, cancelled, suspended or revoked, 
for cause, or who have been convicted of certain serious traffic 
violations. It was designed to address the problem that arises when 
traffic law violators, after losing their license in one State, attempt 
to obtain a license in another State.
    States participate by sending records of covered licensing actions 
and convictions to the NDR, and by querying the NDR before they issue 
licenses to applicants. In this way, States can avoid issuing licenses 
to persons whose driving records contain violations or licensing 
actions that should keep them off the road.
    Originally established by law in 1960 (Pub.L. 86-660), the NDR was 
made a part of the Highway Safety Act of 1966 (Pub.L. 89-564) and has 
been operated since that time by the National Highway Traffic Safety 
Administration (NHTSA).
    The NDR Act of 1982 (Pub.L. 97-364) called for the establishment of 
an improved NDR. The new NDR system (the Problem Driver Pointer System, 
or PDPS) differs from the old NDR system in that it no longer maintains 
full substantive records on adverse actions taken against problem 
drivers. Instead, it maintains only identification data on problem 
drivers and ``points'' to the State of record where the substantive 
adverse action data can be obtained. In addition, the new PDPS is fully 
automated and enables State driver licensing officials to determine 
virtually instantly whether another State has taken an adverse action 
or convicted a driver license applicant of a serious traffic offense.

Part 1325--Transition Procedures

    On July 11, 1985 (50 FR 28191), NHTSA established a regulation on 
the Procedures for the Transition from the Old to the New NDR System 
(23 CFR Part 1325). The regulation established procedures for the 
orderly transition from the NDR system established in Pub.L. 86-660 as 
amended, to the NDR system established in Pub.L. 97-364. The regulation 
provided that its purpose was to ensure that participating States 
understood their rights and obligations during the transition period, 
which was to last until such time as all States that are participating 
in the NDR are doing so under the PDPS.

Part 1327--Procedures for Participating

    On August 20, 1991 (56 FR 41394), NHTSA established a regulation on 
the Procedures for Participating in and Receiving Data from the NDR 
PDPS (23 CFR Part 1327). The regulation established procedures for 
States to participate in the NDR PDPS, and for other authorized parties 
to receive information from the NDR. It also established procedures for 
States to notify NHTSA of their intention to be bound by the 
requirements of the PDPS NDR system and for States to notify NHTSA in 
the event it becomes necessary to withdraw from participation.
    The procedures provide that only States that have been certified as 
``participating States'' may participate in the NDR after the 
transition period ends (no later than April 30, 1995). They provide, 
however, that States that have not been certified as ``participating 
States'' by April 30, 1995, that wish to continue participating in the 
NDR, may request an extension of time.

Current Status on Notification and NDR Participation

    In accordance with Part 1327, all 50 States and the District of 
Columbia have notified NHTSA of their intention to be bound by the 
requirements of the PDPS NDR system.
    As of the date of the publication of this notice of proposed 
rulemaking, 38 States have completed their transition to PDPS. The 
remaining States have requested and been granted extensions of time. It 
is expected that all States will have converted their NDR operations 
from the old system to the new system no later than November 4, 1996. 
At that time, the transition from the old NDR system to the new NDR 
PDPS will be complete. Part 1325 of 23 CFR will then no longer be 
necessary and section 1327.4 of 23 CFR will require modification. NHTSA 
proposes to make these changes.

[[Page 16730]]

Regulatory Analyses and Notices

Executive Order 12778 (Civil Justice Reform)

    This proposed rule would not have any preemptive or retroactive 
effect. It imposes no requirements on the States, but rather simply 
proposes to revise and eliminate outdated or burdensome provisions in 
the agency's regulations. The enabling legislation does not establish a 
procedure for judicial review of final rules promulgated under its 
provisions. There is no requirement that individuals submit a petition 
for reconsideration or other administrative proceedings before they may 
file suit in court.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The agency has determined that this proposed action is not a 
significant regulatory action within the meaning of Executive Order 
12866 or significant within the meaning of Department of Transportation 
Regulatory Policies and Procedures. This proposed rule would not impose 
any additional burden on the public. It is technical in nature and 
would not change the requirements of the program. It is anticipated 
that there would be no economic impact as a result of this rulemaking. 
Accordingly, a full regulatory evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 
5 U.S.C. 601-612), NHTSA has evaluated the effects of this proposed 
action on small entities. Based on the evaluation, the agency certifies 
that this proposed action would not have a significant impact on a 
substantial number of small entities. Accordingly, the preparation of a 
Regulatory Flexibility Analysis is unnecessary.

Paperwork Reduction Act

    This proposed action does not contain a collection of information 
requirement for purposes of the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501 et seq.

National Environmental Policy Act

    The agency has analyzed this proposed action for the purpose of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
has determined that it would not have any significant impact on the 
quality of the human environment.

Executive Order 12612 (Federalism Assessment)

    This proposed action has been analyzed in accordance with the 
principles and criteria contained in Executive Order 12612, and it has 
been determined that this proposed action does not have sufficient 
federalism implications to warrant the preparation of a federalism 
assessment. Accordingly, the preparation of a Federalism Assessment is 
not warranted.

Comments to the Docket

    NHTSA is providing a 45-day comment period for interested parties 
to present data, views, and arguments on the proposed action. The 
agency invites comments on the issues raised in this notice and any 
other issues commenters believe are relevant to this action. All 
comments must not exceed 15 pages in length (49 CFR 553.21). This 
limitation is intended to encourage commenters to detail their primary 
arguments in a concise fashion. Necessary attachments may be appended 
to these submissions without regard to the 15-page limit.
    All comments received before the close of business on the comment 
closing date indicated above for the proposal will be considered and 
will be available for examination in the docket at the above address 
both before and after that date. To the extent possible, comments filed 
after the closing date will also be considered. Comments received too 
late for consideration in regard to the final rule, if one is issued, 
will be considered as suggestions for further rulemaking action. The 
agency will continue to file relevant information in the docket as it 
becomes available after the closing date and it is recommended that 
interested persons continue to examine the docket for new material.
    Those persons desiring to be notified of receipt of their comments 
by the docket should enclose a self-addressed, stamped postcard in the 
envelope with their comments. Upon receipt of the comments, the docket 
supervisor will return the postcard by mail.

List of Subjects

23 CFR Part 1325

    Highway safety, Intergovernmental relations.

23 CFR Part 1237

    Highway safety, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Under the authority of 49 CFR Part 1.50, the Administrator of the 
National Highway Traffic Safety Administration proposes to amend title 
23 of the Code of Federal Regulations, chapter III, as follows:

PART 1325--[REMOVED]

    Part 1325 is removed.

PART 1327--PROCEDURES FOR PARTICIPATING IN AND RECEIVING 
INFORMATION FROM THE NATIONAL DRIVER REGISTER PROBLEM DRIVER 
POINTER SYSTEM

    1. The authority citation for part 1327 continues to read as 
follows:

    Authority: Pub.L. 97-364, 96 Stat. 1740, as amended (49 U.S.C. 
30301, et seq.); delegation of authority at 49 CFR 1.50.

    2. Section 1327.4 is revised to read as follows:


Sec. 1327.4  Certification, termination and reinstatement procedures.

    (a) Certification requirement. Only States that have been certified 
by NHTSA as participating States under PDPS may participate in the NDR. 
NHTSA will remove all records on file and will not accept any inquiries 
or reports from a State that has not been certified as a participating 
State.
    (b) Termination or cancellation. (1) If a State finds it necessary 
to discontinue participation, the chief driver licensing official of 
the participating State shall notify NHTSA in writing, providing the 
reason for terminating its participation.
    (2) The effective date of termination will be no less than 30 days 
after notification of termination.
    (3) NHTSA will notify any participating State that changes its 
operations such that it no longer meets statutory and regulatory 
requirements, that its certification to participate in the NDR will be 
withdrawn if it does not come back into compliance within 30 days from 
the date of notification.
    (4) If a participating State does not come back into compliance 
with statutory and regulatory requirements within the 30-day period, 
NHTSA will send a letter to the chief driver licensing official 
cancelling its certification to participate in the NDR.
    (5) NHTSA will remove all records on file and will not accept any 
inquiries or reports from a State whose participation in the NDR has 
been terminated or cancelled.
    (6) To be reinstated as a participating State after being 
terminated or cancelled, the chief driver licensing official shall 
follow the notification procedures in subparagraphs (c) (1) and (3) of 
this section and must be re-certified by NHTSA as a participating State 
under PDPS, upon a determination by NHTSA that the State complies with 
the statutory and regulatory

[[Page 16731]]

requirements for participation, in accordance with paragraphs (c) (2) 
and (4) of this section.
    (c) Reinstatement. (1) The chief driver licensing official of a 
State that wishes to be reinstated as a participating State in the NDR 
under the PDPS, shall send a letter to NHTSA certifying that the State 
wishes to be reinstated as a participating State and that it intends to 
be bound by the requirements of section 205 of the NDR Act of 1982 and 
Sec. 1327.5 of this part. It shall also describe the changes necessary 
to meet the statutory and regulatory requirements of PDPS.
    (2) Within 20 days after receipt of the State's notification, NHTSA 
will acknowledge receipt of the State's certification to be reinstated.
    (3) The chief driver licensing official of a State that has 
notified NHTSA of its intention to be reinstated as a participating 
State will, at such time as it has completed all changes necessary to 
meet the statutory and regulatory requirements of PDPS, certify this 
fact to the agency.
    (4) Upon receipt, review and approval of certification from the 
State, NHTSA will recertify the State as a participating State under 
PDPS.

    Issued on: April 10, 1996.
Ricardo Martinez,
Administrator, National Highway Traffic Safety Administration.
[FR Doc. 96-9368 Filed 4-16-96; 8:45 am]
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