[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Rules and Regulations]
[Pages 63655-63657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31436]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

23 CFR Part 1327

[Docket No. NHTSA-97-3155]
RIN 2127-AG21


Procedures for Participating in and Receiving Data From the 
National Driver Register Problem Driver Point System

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Interim final rule; request for comments.

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SUMMARY: This interim final rule amends the agency's National Driver 
Register (NDR) regulations to implement a recent amendment to the 
National Driver Register Act of 1982, as amended. The amendment 
authorizes the Commandant of the Coast Guard to request and receive 
information from the National Driver Register (NDR) regarding the motor 
vehicle driving records of any officer, chief warrant officer, or 
enlisted member of the Coast Guard or Coast Guard Reserve (including a 
cadet or an applicant for appointment or enlistment of any of the 
foregoing, and any member of a uniformed service who is assigned to the 
Coast Guard). This interim final rule establishes the procedures for 
such individuals to request, and for the Commandant to receive, NDR 
information.

DATES: This interim final rule becomes effective on December 2, 1997. 
Comments on this interim final rule are due no later than February 2, 
1998.

ADDRESSES: Written comments should refer to the docket number and be 
submitted (preferably in ten copies) to: Department of Transportation--
Dockets, Room PL-401, Nassif Building, 400 Seventh Street, S.W., 
Washington, DC 20590. (Docket hours are from 10:00 a.m. to 5:00 p.m.)

FOR FURTHER INFORMATION CONTACT: Mr. William Holden, Chief, Traffic 
Records and Driver Register Division, NTS-32. National Highway Traffic 
Safety Administration, 400 Seventh Street, S.W., Washington, DC 20590; 
telephone (202) 366-4800 or Ms. Heidi L. Coleman, Assistant Chief 
Counsel for General Law, NCC-30, National Highway Traffic Safety 
Administration, 400 Seventh Street, S.W., Washington, DC 20590; 
telephone (202) 366-1834.

SUPPLEMENTARY INFORMATION: The National Driver Register (NDR) is a 
central file of information on individuals whose licenses to operate a 
motor vehicle have been denied, revoked, suspended, or canceled, for 
cause, or who have been convicted of certain serious traffic-related 
violations, such as racing on the highways or driving while impaired by 
alcohol or other drugs.
    As provided in the NDR Act of 1982, as amended, 49 U.S.C. 30301, et 
seq., State chief driver licensing officials are authorized to request 
and receive information from the NDR for driver licensing and driver 
improvement purposes. When an individual applies for a driver's 
license, for example, these State officials are authorized to request 
and receive NDR information to determine whether the applicant's 
driver's license has been withdrawn for cause in any other State. 
Because the NDR is a nationwide index, chief driver licensing officials 
need to submit only a single inquiry to obtain this information.
    State chief driver licensing officials also are authorized under 
the Act to request NDR information on behalf of other authorized NDR 
users for transportation safety purposes. The NDR Act authorizes the 
following entities to receive NDR information for limited 
transportation purposes: the National Transportation Safety Board and 
the Federal Highway Administration for accident investigation purposes; 
employers and prospective employers of motor vehicle operators; the 
Federal Aviation Administration (FAA) regarding any individual who 
holds or has applied for an airman's certificate; air carriers 
regarding individuals who are seeking employment with the air carrier; 
the Federal Railroad Administration (FRA) and employers or prospective 
employers of locomotive operators; and the U.S. Coast Guard regarding 
any individual who holds or who has applied for a license, certificate 
of registry, or a merchant mariner's document. The Act also provides 
that individuals can learn whether information about themselves is on 
the NDR file and can receive any such information.
    On October 19, 1996, Pub. L. 104-324 was enacted into law. Section 
207 of that Act contained an amendment to the NDR Act of 1982, as 
amended (49 U.S.C. 30305), authorizing the Commandant of the Coast 
Guard to request and receive NDR information regarding any officer, 
chief warrant officer, or enlisted member of the Coast Guard or Coast 
Guard Reserve (including a cadet or an applicant for appointment or 
enlistment of any of the foregoing, and any member of a uniformed 
service who is assigned to the Coast Guard).

Procedures for Requesting and Receiving NDR Information

    The procedures that the Commandant of the Coast Guard would use to 
receive NDR information on these Coast Guard members would be the same 
as those used by the U.S. Coast Guard to receive information regarding 
individuals who hold or who have applied for a license, certificate of 
registry, or a merchant mariner's document.
    The Commandant of the Coast Guard may not initiate a request for 
NDR information. Rather, the individual member or applicant must do so. 
To initiate a request, the individual must either complete, sign and 
submit a request for an NDR file search, or

[[Page 63656]]

authorize the Commandant of the Coast Guard to request the NDR file 
search by completing and signing a written consent. The request or 
written consent must state that NDR records are being requested; state 
specifically who is authorized to receive the records; be dated and 
signed by the individual (the member or applicant); and specifically 
state that the authorization is valid for only one search of the NDR. 
It must also specifically state that the NDR identifies ``probable'' 
matches that require further inquiry for verification, that it is 
recommended (but not required) that the Commandant of the Coast Guard 
verify matches with the state of record, and state that individuals 
have the right to request NDR records regarding themselves to verify 
the accuracy of any information on the file pertaining to them.
    The Commandant of the Coast Guard may receive such information and 
shall make the information available to the individual. The Commandant 
will not receive any information that was entered in the Register more 
than three years before the date of the request, unless the information 
relates to a revocation or suspension still in effect on the date of 
the request.
    In accordance with Pub. L. 104-324, requests to transmit NDR 
information to the Commandant are to be submitted through a State chief 
driver licensing official. Such requests may be submitted through the 
chief driver licensing official of any state that participates in the 
NDR's Problem Driver Pointer System (PDPS). Currently, all 50 States 
participate in the NDR PDPS, and the District of Columbia is in the 
process of connecting to the PDPS system.
    The NDR response would be sent to the chief driver licensing 
official who will provide it to the Commandant and will indicate 
whether a match (probable identification) was found and, if so, the 
response will identify the State in which the full substantive record 
can be found (the State of record). The agency encourages the 
Commandant to obtain the substantive data relating to the match from 
the State of record to determine whether the person described in the 
record is in fact the subject individual before taking further action.

Interim Final Rule

    This document is published as an interim final rule. Accordingly, 
the changes to part 1327 described above are fully in effect and 
binding upon the date of the document's publication. No further 
regulatory action by NHTSA is necessary to make these changes 
effective.
    In an effort to establish the procedures to permit Coast Guard 
members to submit requests to the NDR and the Commandant of the Coast 
Guard to receive NDR information as soon as possible, these regulatory 
changes have been made in an interim final rule, without prior notice 
and opportunity for comment. In addition, the changes made to the 
regulation in this interim final rule simply reflect the statutory 
amendments enacted by Pub. L. 104-324. Further, the procedures that 
have been established in this interim final rule for requesting that 
NDR information be provided to the Commandant of the Coast Guard are 
nearly identical to the procedures already being followed by the 
States, by airmen, by seamen/merchant mariners, and by others in the 
field of transportation safety. Those procedures were established by a 
rulemaking process during which notice and an opportunity to comment 
were provided.
    NHTSA requests comments on these regulatory changes. All comments 
submitted in response to this document will be considered by the 
agency. Following the close of the comment period, NHTSA will publish a 
document responding to the comments and, if appropriate, will further 
amend the provisions of part 1327.

Written Comments

    Interested persons are invited to comment on this interim final 
rule. It is requested, but not required, that ten copies be submitted.
    All comments must be limited to 15 pages in length. Necessary 
attachments may be appended to those submissions without regard to the 
15 page limit. (49 CFR 553.21.) This limitation is intended to 
encourage commenters to detail their primary arguments in a concise 
fashion.
    Written comments to the public docket must be received by February 
2, 1998. All comments received before the close of business on the 
comment closing date will be considered and will be available for 
examination in the docket at the above address before and after that 
date. To the extent possible, comments received after the closing date 
will also be considered. However, the rulemaking action may proceed at 
any time after that date. Following the close of the comment period, 
NHTSA will publish a document responding to the comments and, if 
appropriate, NHTSA will amend the provisions of this rule. NHTSA will 
continue to file relevant material 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 upon receipt of their 
comments in the docket should enclose, in the envelope with their 
comments, a self-addressed stamped postcard. Upon receiving the 
comments, the docket supervisor will return the postcard by mail.
    Copies of all documents will be placed in Docket NHTSA-97-3155 in 
Room PL-401, Nassif Building, 400 Seventh Street, SW, Washington, DC 
20590.

Regulatory Analyses and Notice

Executive Order 12778 (Civil Justice Reform)

    This interim final rule will not have any preemptive or retroactive 
effect. 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 action is not a significant 
regulatory action within the meaning of Executive Order 12866 or 
Department of Transportation Regulatory Policies and Procedures. The 
changes in this interim final rule merely reflect amendments contained 
in Pub. L. 104-324. 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), the agency has evaluated the effects of this action 
on small entities. Based on the evaluation, we certify that this action 
will 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

    There are reporting requirements contained in the regulation that 
this rule is amending that are considered to be information collection 
requirements, as that term is defined by the Office of Management and 
Budget (OMB) in 5 CFR part 1320. Accordingly, these requirements have 
been submitted previously to and approved by OMB, pursuant to the 
requirements of the Paperwork Reduction Act (44 U.S.C. 3501, et seq.). 
These requirements had been approved through September 30, 2000, under 
OMB No. 2127-0001.

[[Page 63657]]

National Environmental Policy Act

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

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this 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.

List of Subjects in 23 CFR Part 1327

    Highway safety, Intergovernmental relations, National Driver 
Register, Reporting and recordkeeping requirements.

    In consideration of the foregoing, chapter III of title 23 of the 
CFR is amended as follows:

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 is revised 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 1327.3 is amended by redesignating paragraphs (a) 
through (w) as paragraphs (b) through (x) and by adding a new paragraph 
(a) to read as follows:


Sec. 1327.3  Definitions.

    (a) Any officer, chief warrant officer, or enlisted member of the 
Coast Guard or Coast Guard Reserve includes a cadet or an applicant for 
appointment or enlistment of any of the foregoing and any member of a 
uniformed service who is assigned to the Coast Guard.
* * * * *


Sec. 1327.5  [Amended]

    3. Section 1327.5 is amended by removing the period at the end of 
paragraph (c)(2) introductory text and adding in its place the words 
``, or regarding any officer, chief warrant officer, or enlisted member 
of the Coast Guard or Coast Guard Reserve.''.
    4. Section 1327.6 is amended by revising paragraph (e)(1) 
introductory text to read as follows:


Sec. 1327.6  Conditions and procedures for other authorized users of 
the NDR.

* * * * *
    (e) * * *
    (1) To initiate an NDR file check, the individual who holds or who 
has applied for a license, certificate of registry, or a merchant 
mariner's document or the individual who is an officer, chief warrant 
officer, or enlisted member of the Coast Guard or Coast Guard Reserve 
shall either:
* * * * *
    Issued on: November 25, 1997.
Ricardo Martinez,
Administrator, National Highway Traffic Safety Administration.
[FR Doc. 97-31436 Filed 12-1-97; 8:45 am]
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