[Federal Register Volume 69, Number 62 (Wednesday, March 31, 2004)]
[Proposed Rules]
[Pages 16853-16860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7245]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

23 CFR Part 1327

[Docket No. NHTSA-04-17326]
RIN 2127-AI45


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

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

ACTION: Notice of Proposed Rulemaking (NPRM).

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SUMMARY: This document proposes to amend the agency's National Driver 
Register (NDR) regulations to implement changes mandated by the Motor 
Carrier Safety Improvement Act of 1999 (MCSIA). MCSIA amended the NDR 
Act to require that a State, before issuing or renewing a motor vehicle 
operator's license, must verify an individual's driving record through 
informational checks of both the NDR and the Commercial Driver's 
License Information System (CDLIS).
    This document proposes to amend the NDR regulations to reflect this 
statutory change. This document proposes also to update the NDR 
reporting codes located in the Appendix to reflect those codes 
currently in use by the States and the NDR. In addition, this document 
proposes to clarify that records should be reported to the NDR only 
regarding individuals who have been convicted or whose license has been 
denied, canceled, revoked, or suspended for one of the offenses 
identified in the Appendix. Finally, the document proposes to add a 
definition for the term ``employers or prospective employers of motor 
vehicle operators.''

DATES: Written comments may be submitted to this agency and must be 
received by June 1, 2004.

ADDRESSES: Comments should refer to the docket number and be submitted 
(preferably in two copies) to: Docket Management, Room PL-401, 400 
Seventh Street, SW., Washington, DC 20590. Alternatively, you may 
submit your comments electronically by logging onto the Docket 
Management System (DMS) Web site at http://dms.dot.gov. Click on ``Help 
& Information'' or ``Help/Info'' to view instructions for filing your 
comments electronically. Regardless of how you submit your comments, 
you should mention the Docket number of this document. You may call the 
docket at (202) 366-9324. Docket hours are 9:30 a.m. to 4 p.m., Monday 
through Friday.

FOR FURTHER INFORMATION CONTACT: For non-legal issues: Mr. Sean 
McLaurin, Chief, National Driver Register, NPO-124, National Highway 
Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 
20590. Telephone: (202) 366-4800. For legal issues: Mr. Roland (R.T.) 
Baumann III, Attorney-Advisor, Office of the Chief Counsel, NCC-113, 
National Highway Traffic Safety Administration, 400 Seventh Street, 
SW., Washington, DC 20590. Telephone: (202) 366-1834.

SUPPLEMENTARY INFORMATION: 

The National Driver Register

    The National Driver Register (NDR) is a central file of information 
on individuals whose license to operate a motor vehicle has been 
denied, revoked, suspended, or canceled, for cause, or who have been 
convicted of certain serious traffic-related violations, such as racing 
on the highway or driving while impaired by alcohol or other drugs. The 
NDR was designed to prevent a driver whose license was suspended, 
revoked, or withdrawn in one State from obtaining a driver's license in 
another State.
    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 or if the applicant has 
been convicted of specific offenses in any other State.
    State chief driver licensing officials are also authorized under 
the NDR Act to request NDR information on behalf of other NDR users for 
specific transportation safety purposes. Other authorized NDR users 
include Federal agencies involved in transportation safety and the 
employers and prospective employers of certain transportation workers. 
These authorized users may receive NDR information under limited 
circumstances and only for specific transportation safety purposes. The 
NDR Act also provides that individuals may request information from the 
NDR about themselves.
    States participate in the NDR by sending information to the NDR 
regarding individuals who have been subject to specified licensing 
actions and convictions. States can also request information from the 
NDR about driver license applicants. In this way, States can avoid 
issuing licenses to those drivers whose driving record contains 
violations or whose license has been denied, revoked, suspended, or 
canceled, for cause.
    Originally, the NDR was designed to provide the actual adverse 
driving record for these problem drivers. However, the volume of 
information associated with each driver kept the NDR from operating 
efficiently. Congress sought to improve the NDR system and enacted the 
NDR Act of 1982, Pub. L. 97-364. The Act directed

[[Page 16854]]

the National Highway Traffic Safety Administration to implement a 
revised NDR system known as the Problem Driver Pointer System (PDPS). 
(See Final Rule, Procedures for Participating In and Receiving Data 
From the National Driver Register Problem Driver Pointer System, 56 FR 
41394 (1991)). Under the PDPS, the NDR has been simplified to maintain 
only certain identifying information on problem drivers contained in 
``pointer'' records. These records ``point'' to the State where the 
substantive adverse records can be obtained. The PDPS system is fully 
automated and enables State driver licensing officials to determine 
instantaneously whether another State has taken adverse action against 
a license applicant.

The Commercial Driver License (CDL) and the Commercial Driver License 
Information System (CDLIS)

    ``[T]o help prevent truck accidents * * * by establishing national 
standards for commercial drivers' licenses and requiring drivers to 
have a single commercial driver license and driving record,'' Congress 
enacted the Commercial Motor Vehicle Safety Act of 1986 (CMVSA), Pub. 
L. 99-570, which created the Commercial Driver's License (CDL) Program. 
(See S. Rep. No. 99-411, at 1 (1986)). The CMVSA also mandated the 
creation of the Commercial Driver's License Information System (CDLIS) 
to serve as a national database for commercial driver licensing and 
conviction information. The CDLIS operates under an agreement between 
the Federal Motor Carrier Safety Administration (FMCSA) and the 
American Association of Motor Vehicle Administrators (AAMVA) and allows 
each State to quickly access commercial driver information. The CDLIS, 
like the NDR, is a pointer system. When an individual applies for a 
CDL, the State queries the CDLIS to determine whether the applicant has 
already been issued a CDL or whether the applicant's CDL has been 
revoked, suspended, or canceled. If a match is returned, the CDLIS 
indicates to the inquiring jurisdiction where more complete information 
on the applicant's commercial driving record can be found. The NDR 
operates in much the same way as the CDLIS, except that its 
recordkeeping function is limited to problem drivers. Individuals with 
a commercial driving record have a record maintained on the CDLIS, 
while the NDR keeps records only on those drivers with serious traffic 
offenses. To enforce the CMVSA requirement that a commercial motor 
vehicle operator hold only one license, States are required to access 
the CDLIS and the NDR before issuing a CDL. NDR regulations currently 
require States to check the NDR before issuing a motor vehicle 
operator's license. Prior to the statutory changes addressed in this 
notice, there was no requirement that a State check both informational 
databases before issuing a motor vehicle operator's license.
    In an effort to measure the effectiveness of the CDL program and 
its general benefit to highway safety, the Office of Motor Carriers 
(OMC) of the Federal Highway Administration (FHWA) commissioned an 
effectiveness study in 1994. The study indicated that the CDL program 
had indeed been very successful in limiting commercial motor vehicle 
operators to a single license. However, the study also indicated that 
vulnerabilities existed in enforcing the single license requirement. 
States were not required to check the CDLIS when a CDL holder applied 
for a non-commercial driver's license (non-CDL), allowing a CDL holder 
to apply for a second license without detection. In contravening the 
single license requirement under the CMVSA, a commercial motor vehicle 
operator had the opportunity to ``spread'' traffic-related violations 
among various driver licenses. The study recommended that all States 
modify their licensing procedures to require that all CDL and non-CDL 
applicants have their records verified against both the NDR and the 
CDLIS. (See Commercial Driver License Effectiveness Study, Volume Two, 
Technical Report, at 24 (Feb. 1999)).

Statutory Change

    Congress adopted the study's recommendation in the Motor Carrier 
Safety Improvement Act of 1999 (MCSIA) (Pub. L. 106-159, Section 204), 
which amended Section 30304 of title 49, United States Code by creating 
a new subsection that provides:
    (e) Driver Record Inquiry--Before issuing a motor vehicle 
operator's license to an individual or renewing such a license, a State 
shall request from the Secretary information from the National Driver 
Register under section 30302 and the commercial driver's license 
information system under section 31309 on the individual's driving 
record.
    The amendment requires all States to check both the NDR and the 
CDLIS before issuing any type of driver's license to an applicant. This 
statutory change was designed to curtail commercial motor vehicle 
operators from using multiple licenses to avoid the consequences of a 
traffic violation.

Agency Proposal

    In view of the changes made by MCSIA, the agency is proposing 
amendments to the regulations implementing the NDR. Additional 
amendments, as noted below, provide clarification and updated 
information to improve program implementation.

Proposed Amendment to Section 1327.3

    The current regulations use, but do not specifically define, the 
term ``employers or prospective employers of motor vehicle operators.'' 
An ``employer or a prospective employer of motor vehicle operator'' is 
a term used to describe a person who employs individuals that may be 
subject to NDR checks. (See 23 CFR 1327.6(c)). The lack of definition 
for this term could lead to inconsistent practices by States or 
employers who participate in and receive information from the NDR.
    In order to more easily identify when a check of the NDR is 
appropriate, the agency has received informal requests from employers 
and State licensing officials to provide guidance on the term 
``employer or prospective employer of motor vehicle operators.'' The 
agency proposes to define the term to include only those persons who 
hire or plan to hire individuals with a primary job function of 
operating a motor vehicle in the normal course of their employment. The 
proposed definition is intended to reduce burdens to employers by 
narrowing the class of employees subject to an NDR check. For instance, 
an employer that hires an individual to make regular business 
deliveries would be covered under this definition, whereas an employer 
that allows an employee to use a company-owned vehicle or to rent a 
vehicle (and receive reimbursement) to attend a business conference or 
take an occasional business trip would not. By meeting the definition 
of an employer or prospective employer of a motor vehicle operator, the 
employer is allowed to receive NDR information regarding the types of 
employees covered by the definition, pursuant to the procedures 
outlined in the existing regulation.

Proposed Notification Requirement Under 23 CFR 1327.4 and Conforming 
Amendments to 23 CFR 1327.3(m) and 1327.5(b)(1)

    As a condition of participation in the NDR, Section 30303(a) of 
Title 49, United States Code requires a State to notify the Secretary 
of Transportation (by delegation, the NHTSA administrator (49 CFR 
1.51(e))) of its ``intention to be bound by section 30304'' of title 49 
with notification to be

[[Page 16855]]

``in the form and way the Secretary prescribes by regulation.'' (49 
U.S.C. 30303(c)). To implement this statutory provision, the agency 
promulgated a regulation that requires a State to notify the agency of 
its intention to participate in the PDPS. If the State is judged by the 
agency to be in compliance with the requirements of the NDR Act of 1982 
and 23 CFR 1327.5, it is certified as a participating State. (23 CFR 
1327.3(m) and 1327.4(a)). Under the existing regulation, all 50 States 
and the District of Columbia received the required certification, and 
are currently considered active participants in the NDR.
    The existing certification procedures, however, do not account for 
the above-referenced statutory changes to Section 30304 (see 
``Statutory Change'' section above). With these MCSIA-mandated changes, 
the earlier certifications are outdated, and no longer reflect an 
intention by the States to be bound by all provisions of the statutory 
reporting requirements. Significantly, the agency has determined, 
through statistics about queries to the NDR that identify the type of 
license checked, that as many as fifty percent of the currently 
participating States are not, in fact, following the amended provisions 
of Section 30304, requiring a check of both the NDR and the CDLIS.
    Under these circumstances, the highway safety benefits associated 
with the new requirements are not being fully realized, as States run 
the risk of failing to identify problem drivers who are ineligible for 
a license. Stated differently, the possibility is increased that a 
problem driver will successfully use the licensing process of one State 
to evade the penalties of a criminal conviction or license suspension 
of another State, in contravention of Congressional intent. 
Additionally, since States that check the NDR and the CDLIS as part of 
their commercial driver's license program receive Federal funds, the 
continued receipt of these funds may be placed in jeopardy in 
circumstances of non-compliance.
    To address this situation, the agency is proposing to amend 23 CFR 
1327.4 to provide that, with each change to 49 U.S.C. 30304, a 
participating State may be required to submit a new notification to the 
agency. This proposed change would ensure that the agency obtains the 
proper notification expressing the State's intent to be bound by all 
current requirements of Section 30304, as required by the statute. The 
agency anticipates requiring new notifications only when statutory 
changes affect the participating State reporting or inquiry 
requirements under section 30304 of title 49. Since the NDR Act of 1982 
created the current PDPS system and set forth the requirements of 
participating States, the agency finds that MCSIA's statutory changes 
are the first changes that would necessitate a new notification. 
Statutory changes that involve minor language changes or otherwise 
result in no substantive addition to the list of actions that must be 
carried out by a State to remain as an active participant in the NDR 
would not necessitate a new notification. Under the agency's proposal, 
a State failing to provide the required notification would be subject 
to a termination of its participating State status 90 days after 
receiving a request for a new notification from the agency. This 
termination provision is consistent with existing termination 
provisions in the regulation, except for the inclusion of a longer time 
period to achieve compliance.
    The agency is also proposing conforming amendments to 23 CFR 
1327.5, to set forth the new statutory requirements for convenient 
reference. These proposed amendments follow the statutory changes made 
by MCSIA that require the chief driver licensing official of a State to 
submit an inquiry to the NDR and the CDLIS before issuing any type of 
license. The agency's proposal would include clarification that 
issuance of a license includes, but is not limited to, any original, 
renewal, temporary, or duplicate license. In addition, the definition 
of ``participating State'' under Section 1327.3(m) would be revised to 
conform to the new requirement that participating State status would be 
contingent on the State's compliance with Section 30304 of Title 49, 
United States Code and the agency's implementing regulations.

Proposed Amendment to 23 CFR Part 1327.5(a)

    To act as a participating State in the NDR, the State's chief 
driver licensing official is required to transmit to the NDR a report, 
in the form of a pointer record, on any individual classified as a 
problem driver. The agency proposes to add a paragraph in section 
1327.5(a), clarifying that pointer records transmitted to the NDR must 
be based on the violation codes appearing in the Appendix. (Proposed 
changes to violation codes are discussed under ``Proposed Amendment to 
Appendix A to 23 CFR part 1327,'' below.) Accordingly, these codes 
would serve as a comprehensive list of offenses the agency would deem 
to be proper grounds for establishing a pointer record regarding an 
individual. If an individual has not been convicted or the individual's 
driver's license has not been denied, canceled, revoked or suspended 
for an offense identified in these codes, then a pointer record should 
not be transmitted to the NDR regarding that individual. If a pointer 
record is transmitted to the NDR that is not based on one of these 
codes, the agency would contact the participating State responsible for 
the record and request its removal from the NDR.

Proposed Amendment to Appendix A to 23 CFR Part 1327 and Conforming 
Amendment to 23 CFR 1327.3(g)

    Appendix A to Part 1327 (23 CFR 1327, Appendix A (2001)) currently 
contains a listing of traffic violation codes that are used by States 
in their motor vehicle operations. States that participate in the NDR 
Problem Driver Pointer System (PDPS) are required to transmit pointer 
records, based on the offenses identified in these codes, to the NDR 
when they deny, cancel, revoke, or suspend, for cause, a motor vehicle 
operator's license or convict an individual of certain serious traffic 
offenses, such as driving recklessly or driving while intoxicated. 
Appendix A presently contains the ANSI D20 code listings that were 
first developed in 1979. In 1996, AAMVA developed the AAMVA Code 
Dictionary (ACD) to help States share driver licensing information. 
Codes from the ACD were later incorporated into the ANSI D20 coding 
system, and are the violation codes currently used by the States and 
the NDR. The agency proposes to amend appendix A to part 1327 to update 
the code list to be consistent with the current ACD reporting codes.\1\ 
Additionally, we propose to divide the Appendix into two parts to make 
it easy for a participating State to identify what codes correspond to 
``for cause'' licensing actions and traffic offense convictions. The 
agency is also proposing to revise the definition of ``for cause'' 
under section 1327.3(g) to conform to the proposed revised Appendix.
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    \1\ The agency acknowledges that AAMVA is currently considering 
a revision to the ACD. When that revision is finalized, the agency 
will determine whether corresponding changes should be made to the 
Appendix as a result. Any changes would be published in the Federal 
Register.
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Comments

    Interested persons are invited to comment on this notice of 
proposed rulemaking. It is requested, but not required, that two 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. (See

[[Page 16856]]

49 CFR 553.21). This limitation is intended to encourage commenters to 
detail their primary arguments in a concise fashion.
    You may submit your comments by one of the following methods:
    (1) By mail to: Docket Management Facility, Docket No. NHTSA-04-
XXXX, DOT, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590;
    (2) By hand delivery to: Room PL-401 on the Plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday;
    (3) By fax to the Docket Management Facility at (202) 493-2251; or
    (4) By electronic submission: log onto the DMS Web site at http://dms.dot.gov and click on ``Help and Information'' or ``Help/Info'' to 
obtain instructions.
    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 filed after the closing date will also be 
considered. However, the rulemaking action may proceed at any time 
after that date. The agency 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.
    You may review submitted comments in person at the Docket 
Management Facility located at Room PL-401 on the Plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday.
    You may also review submitted comments on the Internet by taking 
the following steps:
    (1) Go to the DMS Web page at http://dms.dot.gov/search/.
    (2) On that page, click on ``search''.
    (3) On the next page (http://dms.dot.gov/search/) type in the four 
digit docket number shown at the beginning of this notice. Click on 
``search''.
    (4) On the next page, which contains docket summary information for 
the docket you selected, click on the desired comments. You may also 
download the comments. Although the comments are imaged documents, 
instead of word processing documents, the ``pdf'' versions of the 
documents are word searchable.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.
    Those persons who wish 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.

Regulatory Analyses and Notices

Executive Order 12988 (Civil Justice Reform)

    This proposed rule would not have any preemptive or retroactive 
effect. This action meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

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

    Executive Order 12866, ``Regulatory Planning and Review'' (58 FR 
51735, October 4, 1993) provides for making determinations on whether a 
regulatory action is ``significant'' and therefore subject to Office of 
Management and Budget (OMB) review and the requirements of the 
Executive Order. The agency has considered the impact of this proposed 
rule under Executive Order 12866 and determined that the notice is not 
significant. The notice is also treated as not significant under the 
Department of Transportation's regulatory policies and procedures. OMB 
has not reviewed this notice under Executive Order 12866.
    In this document, the agency is revising the NDR implementing 
regulations to conform to the NDR Act. Checks would now be required of 
both the NDR and CDLIS databases before all license issuances. Although 
these new requirements may increase the number of inquiries that States 
are required to make and the number of responses they receive as a 
result, the agency believes that the additional checks and the 
revisions proposed will not create any significant or adverse economic 
effect on the States. The newly required checks of both the NDR and the 
CDLIS for CDL renewals and non-CDLs simply adds another verification in 
a process that States already perform when first issuing a CDL. Any 
additional maintenance fees associated with access to the CDLIS should 
not occur as States already pay a fee based on the number of CDL 
records on the CDLIS. Since the agency believes that the impacts of 
this rulemaking would be minimal, a preliminary regulatory evaluation 
has not been prepared.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354, 5 U.S.C. 
601-612) requires an agency to review regulations to assess their 
impact on small entities unless the agency determines that a rule is 
not expected to have a significant impact on a substantial number of 
small entities. The agency has considered the effects of this 
rulemaking action under the Regulatory Flexibility Act. Employers who 
hire motor vehicle operators may qualify as small businesses. This 
document, however, does not change the procedure that employers must 
use to request a driver license check of an employee or prospective 
employee. Employers would still be required to contact the respective 
State chief driver licensing official. Further, as explained above in 
the section on Executive Order 12866 and DOT Regulatory Policies and 
Procedures, the agency believes that the impacts of this rulemaking 
would be minimal. Therefore, I hereby certify that it would not have a 
significant impact on a substantial number of small entities.

Paperwork Reduction Act

    There are reporting requirements contained in the regulation that 
this proposed rule would be 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 Paperwork Reduction Act (44 U.S.C. 3500, et seq.). 
These requirements have been approved through July 30, 2006, under OMB 
No. 2127-0001.

National Environmental Policy Act

    The agency has reviewed this rulemaking action for the purposes of 
the National Environmental Policy Act (42 U.S.C. 4321, et. seq.) and 
has determined that it would not have a significant impact on the 
quality of the human environment.

The Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531) requires 
Federal agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed rules that include a Federal 
mandate likely to result in the

[[Page 16857]]

expenditure by State, local, or tribal governments, in the aggregate, 
or by the private sector, of $100 million or more (adjusted annually 
for inflation) in any one year. This proposed rule does not require an 
assessment under this law. The costs to States to make an additional 
check of the CDLIS and the NDR before issuing a license would not 
result in expenditures that exceed the $100 million threshold.

Executive Order 13132 (Federalism)

    Executive Order 13132 requires the agency to develop an accountable 
process to ensure ``meaningful and timely input by State and local 
officials in the development of regulatory policies that have 
Federalism implications.'' The Executive Order defines ``policies that 
have Federalism implications'' to include regulations that have 
``substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among various levels of government.''
    Under Executive Order 13132, the agency may not issue a regulation 
with Federalism implications that imposes substantial direct compliance 
costs and that is not required by statute unless the Federal government 
provides the funds necessary to pay the direct compliance costs 
incurred by State and local governments, the agency consults with State 
and local governments, or the agency consults with State and local 
officials early in the process of developing the proposed regulation. 
The agency also may not issue a regulation with Federalism implications 
that preempts State law unless the agency consults with State and local 
officials early in the process of developing the proposed regulation.
    The agency has analyzed this rulemaking action in accordance with 
the principles and criteria set forth in Executive Order 13132 and has 
determined that this proposed rule would not have sufficient Federalism 
implications to warrant consultation with State and local officials or 
the preparation of a Federalism summary impact statement. Moreover, 
this proposed rule would not preempt any State law or regulation or 
affect the ability of States to discharge traditional State government 
functions.

Executive Order 13175 (Consultation and Coordination With Indian Tribal 
Governments)

    The agency has analyzed this proposed rule under Executive Order 
13175, and has determined that the proposed action would not have a 
substantial direct effect on one or more Indian tribes, would not 
impose substantial direct compliance costs on Indian tribal 
governments, and would not preempt tribal law. Therefore, a tribal 
summary impact statement is not required.

Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
section listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN contained in the heading of 
this document can be used to cross-reference this section with the 
Unified Agenda.

List of Subjects in 23 CFR Part 1327

    Driver licensing, Driver records, Highway safety, National Driver 
Register, Transportation safety.

    In consideration of the foregoing, the agency proposes to amend 23 
CFR part 1327 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 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. Amend Sec.  1327.3 by redesignating paragraphs (g) through (x) 
as paragraphs (h) through (y) and by adding new paragraph (g) and 
revising paragraphs (h) and (n) to read as follows:


Sec.  1327.3  Definitions.

* * * * *
    (g) Employer or Prospective Employer of Motor Vehicle Operators 
means a person that hires one or more individuals to operate motor 
vehicles on a regular basis during their normal course of employment.
    (h) For Cause as used in Sec.  1327.5(a) means that an adverse 
action taken by a State against an individual was based on any 
violation listed in Part I, Appendix A, an Abridged Listing of the 
American Association of Motor Vehicle Administrators (AAMVA) Violations 
Exchange Code, which is used by the NDR for recording license denials 
and withdrawals.
* * * * *
    (n) Participating State means a State that has notified the agency 
of its intention to participate in the PDPS and has been certified by 
the agency as being in compliance with the requirements of Section 
30304 of Title 49, United States Code and Sec.  1327.5 of this part.
* * * * *
    3. Amend Sec.  1327.4 by revising paragraph (c)(1) and adding new 
paragraph (d) to read as follows:


Sec.  1327.4  Certifications, termination and reinstatement procedures.

* * * * *
    (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 certifying that the State wishes to 
be reinstated as a participating State and that it intends to be bound 
by the requirements of section 30304 of title 49, United States Code 
and Sec.  1327.5 of this part. It shall also describe the changes 
necessary to meet the statutory and regulatory requirements of PDPS.
* * * * *
    (d) Notification. (1) NHTSA may, at its discretion, require in 
writing that a participating State submit a new notification evidencing 
an intention to be bound by the requirements of section 30304 of title 
49, United States Code and Sec.  1327.5 of this part. The agency will 
exercise its discretion to require this notification when statutory 
changes have altered a participating States reporting or inquiry 
requirements under section 30304 of title 49, United States Code.
    (2) After receiving a written request from NHTSA under paragraph 
(d)(1) of this Section, a participating State will have 90 days to 
submit the requested notification. If a participating State does not 
submit the requested notification within the 90-day time period, NHTSA 
will send a letter to the chief driver licensing official of a State 
canceling its status as a participating State.
    4. Amend Sec.  1327.5 by redesignating paragraphs (a)(2) through 
(a)(4) as paragraphs (a)(3) through (a)(5) and adding new paragraph 
(a)(2) and by revising paragraph (b)(1) to read as follows:


Sec.  1327.5  Conditions for becoming a participating State.

    (a) * * *
    (2) A report shall not be transmitted by the chief driver licensing 
official of a participating State, regarding an individual, unless that 
individual has had his or her motor vehicle operator's license denied, 
canceled, revoked, or suspended for cause as represented by the codes 
in Part I of Appendix A or been convicted of a motor vehicle-related 
offense as represented by the codes in Part II of Appendix A. Unless 
the report transmitted to the NDR is based on these codes, NHTSA will

[[Page 16858]]

contact the participating State responsible for the record and request 
its removal from the NDR.
* * * * *
    (b) * * *
    (1) The chief driver licensing official of a participating State 
shall submit an inquiry to both the NDR and the Commercial Driver's 
License Information System for each driver license applicant before 
issuing a license to that applicant. The issuance of a license includes 
but is not limited to any original, renewal, temporary, or duplicate 
license.
* * * * *
    5. Revise Appendix A to part 1327 to read as follows:

Appendix A to Part 1327--Abridged Listing of the American Association 
of Motor Vehicle Administrators Violations Exchange Code, Used by the 
NDR for Recording Driver License Denials, Withdrawals, and Convictions 
of Motor Vehicle-Related Offenses

                                  Code
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                      Part I--For Cause Withdrawals
------------------------------------------------------------------------
A04...............  Driving under the influence of alcohol with BAC at
                     or over .04.
A08...............  Driving under the influence of alcohol with BAC at
                     or over .08.
A10...............  Driving under the influence of alcohol with BAC at
                     or over .10.
A11...............  Driving under the influence of alcohol with BAC at
                     or over -- (detail field required).
A12...............  Refused to submit to test for alcohol--Implied
                     Consent Law.
A20...............  Driving under the influence of alcohol or drugs.
A21...............  Driving under the influence of alcohol.
A22...............  Driving under the influence of drugs.
A23...............  Driving under the influence of alcohol and drugs.
A24...............  Driving under the influence of medication not
                     intended to intoxicate.
A25*..............  Driving while impaired.
A26...............  Drinking alcohol while operating a vehicle.
A31...............  Illegal possession of alcohol.
A33...............  Illegal possession of drugs (controlled substances).
A35...............  Possession of open alcohol container.
A41...............  Driver violation of ignition interlock or
                     immobilization device.
A50*..............  Motor vehicle used in the manufacturing,
                     distributing, or dispensing of a controlled
                     substance.
A60...............  Underage Convicted of Drinking and Driving at .02 or
                     higher BAC.
A61...............  Underage Administrative Per Se--Drinking and Driving
                     at .02 or higher BAC.
A90...............  Administrative Per Se for .10 BAC.
A94...............  Administrative Per Se for .04 BAC.
A98...............  Administrative Per Se for .08 BAC.
B01...............  Hit and run--failure to stop and render aid after
                     accident.
B02...............  Hit and run--failure to stop and render aid after
                     accident--Fatal accident.
B03...............  Hit and run--failure to stop and render aid after
                     accident--Personal injury accident.
B04...............  Hit and run--failure to stop and render aid after
                     accident--Property damage accident.
B05...............  Leaving accident scene before police arrive.
B06...............  Leaving accident scene before police arrive--Fatal
                     accident.
B07...............  Leaving accident scene before police arrive--
                     Personal injury accident.
B08...............  Leaving accident scene before police arrive--
                     Property damage accident.
B10*..............  Refusal to reveal identity after accident--Fatal
                     accident.
B11*..............  Refusal to reveal identity after accident--Personal
                     injury accident.
B20...............  Driving while license withdrawn.
B21...............  Driving while license barred.
B22...............  Driving while license canceled.
B23...............  Driving while license denied.
B24...............  Driving while license disqualified.
B25...............  Driving while license revoked.
B26...............  Driving while license suspended.
B27*..............  Driving while an out of service order is in effect.
B41...............  Possess or provide counterfeit or altered driver
                     license (includes DL, CDL, and Instruction Permit)
                     or ID.
B51...............  Expired or no driver license (includes DL, CDL, and
                     Instruction Permit).
B63...............  Failed to file future proof of financial
                     responsibility.
B91...............  Improper classification or endorsement on driver
                     license (includes DL, CDL, and Instruction Permit).
D02...............  Misrepresentation of identity or other facts on
                     application for driver license (includes DL, CDL,
                     and Instruction Permit).
D06...............  Misrepresentation of identity or other facts to
                     obtain alcohol.
D07...............  Possess multiple driver licenses (includes DL, CDL,
                     and Instruction Permit).
D16...............  Show or use improperly--Driver license (includes DL,
                     CDL, and Instruction Permit).
D27...............  Violate limited license conditions.
D29...............  Violate restrictions of driver license (includes DL,
                     CDL, and Instruction Permit).
D35...............  Failure to comply with financial responsibility law.
D38...............  Failure to post security or obtain release from
                     liability.
D39...............  Unsatisfied judgment.
D45*..............  Failure to appear for trial or court appearance.
D53*..............  Failure to make required payment of fine and costs.
D72...............  Inability to control vehicle.
D74...............  Operating a motor vehicle improperly because of
                     drowsiness.
D75...............  Operating a motor vehicle improperly due to physical
                     or mental disability.
D76*..............  Perjury.
E03...............  Operating without HAZMAT safety equipment as
                     required by law.
F02...............  Child or youth restraint not used properly as
                     required.

[[Page 16859]]

 
F03...............  Motorcycle safety equipment not used properly as
                     required.
F04...............  Seat belt not used properly as required.
F05...............  Carrying unsecured passengers in open area of
                     vehicle.
F06...............  Improper operation of or riding on a motorcycle.
M09...............  Failure to obey railroad crossing restrictions.
M10...............  Failure to obey railroad gates, signs or signals.
M20...............  For drivers who are not required to always stop,
                     failure to slow down at a railroad-highway grade
                     crossing and check that tracks are clear of
                     approaching train.
M21...............  For drivers who are not required to always stop,
                     failure to stop before reaching tracks at a
                     railroad-highway grade crossing when the tracks are
                     not clear.
M22...............  For drivers who are always required to stop, failure
                     to stop as required before driving onto railroad-
                     highway grade crossing.
M23...............  For all drivers, failing to have sufficient space to
                     drive completely through the railroad-highway grade
                     crossing without stopping.
M24...............  For all drivers, failing to negotiate a railroad-
                     highway grade crossing because of insufficient
                     undercarriage clearance.
M80...............  Reckless, careless, or negligent driving.
M81...............  Careless driving.
M82...............  Inattentive driving.
M83...............  Negligent driving.
M84...............  Reckless driving.
S01...............  01-05  Speed limit (detail optional).
S06...............  06-10  Speed limit (detail optional).
S11*..............  11-15  Speed limit (detail optional).
S15...............  Speeding 15 mph or more above speed limit (detail
                     optional).
S16...............  16-20  Speed limit (detail optional).
S21...............  21-25  Speed limit (detail optional).
S26...............  26-30  Speed limit (detail optional).
S31...............  31-35  Speed limit (detail optional).
S36...............  36-40  Speed limit (detail optional).
S41...............  41+  Speed limit (detail optional).
S50...............  Speeding in a school zone (detail optional).
S51...............  01-10  Speed limit (detail optional).
S61...............  11-20  Speed limit (detail optional).
S71...............  21-30  Speed limit (detail optional).
S81...............  31-40  Speed limit (detail optional).
S91...............  41+  Speed limit (detail optional).
S92...............  Speeding--Speed limit and actual speed (detail
                     required).
S93...............  Speeding.
S94...............  Prima Facie speed violation or driving too fast for
                     conditions.
S95...............  Speed contest (racing) on road open to traffic.
S97...............  Operating at erratic or suddenly changing speeds.
U01...............  Fleeing or evading police or roadblock.
U02...............  Resisting arrest.
U03...............  Using a motor vehicle in connection with a felony
                     (not traffic offense).
U05...............  Using a motor vehicle to aid and abet a felon.
U06...............  Vehicular assault.
U07...............  Vehicular homicide.
U08...............  Vehicular manslaughter.
U31...............  Violation resulting in fatal accident.
W01...............  Accumulation of convictions (including point systems
                     and/or being judged a habitual offender or
                     violator).
W14...............  Physical or mental disability.
W20...............  Unable to pass DL test(s) or meet qualifications.
W30...............  Two serious violations within three years.
W31...............  Three serious violations within three years.
W60...............  The accumulation of two RRGC violations within three
                     years.
W61...............  The accumulation of three or more RRGC violations
                     within three years.
-------------------
                          Part II--Convictions
------------------------------------------------------------------------
A04...............  Driving under the influence of alcohol with BAC at
                     or over .04.
A08...............  Driving under the influence of alcohol with BAC at
                     or over .08.
A10...............  Driving under the influence of alcohol with BAC at
                     or over .10.
A11...............  Driving under the influence of alcohol with BAC at
                     or over-- (detail field required).
A12...............  Refused to submit to test for alcohol--Implied
                     Consent Law.
A20...............  Driving under the influence of alcohol or drugs.
A21...............  Driving under the influence of alcohol.
A22...............  Driving under the influence of drugs.
A23...............  Driving under the influence of alcohol and drugs.
A24...............  Driving under the influence of medication not
                     intended to intoxicate.
A25*..............  Driving while impaired.
A26...............  Drinking alcohol while operating a vehicle.
A31...............  Illegal possession of alcohol.
A33...............  Illegal possession of drugs (controlled substances).
A35...............  Possession of open alcohol container.
A41...............  Driver violation of ignition interlock or
                     immobilization device.
A50*..............  Motor vehicle used in the manufacturing,
                     distributing, or dispensing of a controlled
                     substance.

[[Page 16860]]

 
A60...............  Underage Convicted of Drinking and Driving at .02 or
                     higher BAC.
A61...............  Underage Administrative Per Se--Drinking and Driving
                     at .02 or higher BAC.
A90...............  Administrative Per Se for .10 BAC.
A94...............  Administrative Per Se for .04 BAC.
A98...............  Administrative Per Se for .08 BAC.
B01...............  Hit and run--failure to stop and render aid after
                     accident.
B02...............  Hit and run--failure to stop and render aid after
                     accident--Fatal accident.
B03...............  Hit and run--failure to stop and render aid after
                     accident--Personal injury accident.
B04...............  Hit and run--failure to stop and render aid after
                     accident--Property damage accident.
B05...............  Leaving accident scene before police arrive.
B06...............  Leaving accident scene before police arrive--Fatal
                     accident.
B07...............  Leaving accident scene before police arrive--
                     Personal injury accident.
B08...............  Leaving accident scene before police arrive--
                     Property damage accident.
B10*..............  Refusal to reveal identity after accident--Fatal
                     accident.
B11*..............  Refusal to reveal identity after accident--Personal
                     injury accident.
B20...............  Driving while license withdrawn.
B21...............  Driving while license barred.
B22...............  Driving while license canceled.
B23...............  Driving while license denied.
B24...............  Driving while license disqualified.
B25...............  Driving while license revoked.
B26...............  Driving while license suspended.
B27*..............  Driving while an out of service order is in effect.
B41...............  Possess or provide counterfeit or altered driver
                     license (includes DL, CDL, and Instruction Permit)
                     or ID.
B51...............  Expired or no driver license (includes DL, CDL, and
                     Instruction Permit).
B91...............  Improper classification or endorsement on driver
                     license (includes DL, CDL, and Instruction Permit).
D02...............  Misrepresentation of identity or other facts on
                     application for driver license (includes DL, CDL,
                     and Instruction Permit).
D06...............  Misrepresentation of identity or other facts to
                     obtain alcohol.
D07...............  Possess multiple driver licenses (includes DL, CDL,
                     and Instruction Permit).
D16...............  Show or use improperly--Driver license (includes DL,
                     CDL, and Instruction Permit).
D27...............  Violate limited license conditions.
D29...............  Violate restrictions of driver license (includes DL,
                     CDL, and Instruction Permit).
D72...............  Inability to control vehicle.
D76*..............  Perjury.
E03...............  Operating without HAZMAT safety equipment as
                     required by law.
M10...............  Failure to obey railroad gates, signs or signals.
M20...............  For drivers who are not required to always stop,
                     failure to slow down at a railroad-highway grade
                     crossing and check that tracks are clear of
                     approaching train.
M21...............  For drivers who are not required to always stop,
                     failure to stop before reaching tracks at a
                     railroad-highway grade crossing when the tracks are
                     not clear.
M22...............  For drivers who are always required to stop, failure
                     to stop as required before driving onto railroad-
                     highway grade crossing.
M23...............  For all drivers, failing to have sufficient space to
                     drive completely through the railroad-highway grade
                     crossing without stopping.
M24...............  For all drivers, failing to negotiate a railroad-
                     highway grade crossing because of insufficient
                     undercarriage clearance.
M80...............  Reckless, careless, or negligent driving.
M81...............  Careless driving.
M82...............  Inattentive driving.
M83...............  Negligent driving.
M84...............  Reckless driving.
S95...............  Speed contest (racing) on road open to traffic.
U07...............  Vehicular homicide.
U08...............  Vehicular manslaughter.
U31...............  Violation resulting in fatal accident.
------------------------------------------------------------------------
* AAMVA is currently considering a change to this code on the ACD. When
  revisions to the ACD are finalized, the agency will determine whether
  corresponding changes should be made to the Appendix.


    Issued on: March 26, 2004.
Jeffrey W. Runge,
Administrator, National Highway Traffic Safety Administration.

[FR Doc. 04-7245 Filed 3-30-04; 8:45 am]
BILLING CODE 4910-59-P