[Federal Register Volume 70, Number 88 (Monday, May 9, 2005)]
[Proposed Rules]
[Pages 24358-24359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9171]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 383

[Docket No. FMCSA-2005-20043]
RIN 2126-AA01


Minimum Uniform Standards for a Biometric Identification System 
To Ensure Identification of Operators of Commercial Motor Vehicles; 
Withdrawal

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

ACTION: Advance notice of proposed rulemaking (ANPRM); withdrawal.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
(formerly the Federal Highway Administration's (FHWA) Office of Motor 
Carriers) withdraws two advance notices of proposed rulemaking (ANPRM) 
on using biometric identifiers to provide positive identification of 
drivers in the Commercial Driver's License Information System (CDLIS) 
and to prevent drivers from obtaining more than one commercial driver's 
license (CDL). The ANPRM requesting comments was published on May 15, 
1989 at 54 FR 20875; an ANPRM providing additional information was 
published on March 8, 1991 at 56 FR 9925. The Transportation Security 
Administration (TSA) currently is developing a Transportation Worker 
Identification Credential (TWIC) that will incorporate biometric 
identifiers. FMCSA does not want to cause a conflict in standards 
adopted by each agency or place an undue burden on States by imposing 
two different standards and/or technologies for CDLs and the TWIC. In 
the future, FMCSA may assess the impact of the TWIC upon the Federal 
Motor Carrier Safety Regulations.

DATES: The ANPRM with request for comments published on May 15, 1989, 
and the ANPRM with additional information published on March 8, 1991, 
are withdrawn as of May 9, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Carol Gore, Leader, Commercial 
Driver's License Team, (202) 366-4013, Federal Motor Carrier Safety 
Administration, (MC-ESS), 400 Seventh Street SW., Washington, DC 20590-
0001. Office hours are from 7:45 a.m. to 4:15 p.m. ET, Monday through 
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Section 9105(a) of the Truck and Bus Safety and Regulatory Reform 
Act of 1988 [Pub. L. 100-690, November 18, 1988, 102 Stat. 4530] 
required the agency to issue minimum biometric identification standards 
for operators of commercial motor vehicles (CMVs) by December 31, 1990. 
The purpose of this system would be to provide positive identification 
of drivers in the Commercial Driver's License Information System 
(CDLIS) and to prevent drivers from obtaining more than one driver's 
license.
    In 1988, FHWA \1\ and a committee including four State licensing 
agencies and the American Association of Motor Vehicle Administrators 
(AAMVA) assessed the feasibility of using certain biometric identifier 
technologies to fulfill the statutory requirements of sec. 9105(a) of 
the Truck and Bus Safety and Regulatory Reform Act of 1988. The 
committee found both retinal scanning and automated fingerprint 
identification systems (AFIS) feasible \2\ for use in the planned pilot 
study and identified an initial set of functional requirements \3\ for 
a biometric identification system for CMV operators.
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    \1\ The Federal Highway Administration (FHWA), Office of Motor 
Carriers became the Federal Motor Carrier Safety Administration 
(FMCSA) on January 1, 2000 (64 FR 72959, December 29, 1999).
    \2\ ``Personal Identifier Project Feasibility Study Report,'' 
State of California Department of Motor Vehicles, Project No. 2300-
75, Log No. 215-88; Revised December 7, 1988.
    \3\ ``Functional Description for a Unique Identification System 
for the Commercial Driver's License Information System (CDLIS),'' 
Office of Motor Carriers; Report No. FHWA-MC-88-048; February 1988.
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    On May 15, 1989,\4\ the agency requested comments on the 
establishment of biometric identifiers for operators of CMVs and 
announced the pilot study on the use of fingerprints and retinal scan 
technology to positively and uniquely identify operators of CMVs. The 
pilot study was conducted in 1990.
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    \4\ ``Minimum Uniform Standards for a Biometric Identification 
System to Ensure Identification of Operators of Commercial Motor 
Vehicles;'' published at 54 FR 20875, May 15, 1989); ANPRM.
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    On March 8, 1991,\5\ the agency published an ANPRM with the results 
of the pilot study and with a summary and response to comments to the 
1989 ANPRM. (The 1991 ANPRM provided supplemental information on the 
biometric identifier issue but did not request additional comments.) 
FHWA concluded that neither retinal scanning nor AFIS was sufficiently 
accurate or cost effective to be practical at that time. Therefore, the 
agency did not issue a notice of proposed rulemaking. Instead, further 
rulemaking action on the matter was deferred until the technology 
developed to meet FHWA functional requirements. The agency continued to 
require States to make available in CDLIS a driver's personal 
identification information.
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    \5\ ``Minimum Uniform Standards for Biometric Identification 
System to Ensure Identification of Operators of Commercial Motor 
Vehicles;'' published at 56 FR 9925 on March 8, 1991; ANPRM; 
additional information.
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    In 1998, section 4011(c) of the Transportation Equity Act for the 
21st Century [49 U.S.C. 31308(2)] (TEA-21) required the agency to issue 
a rule mandating that all commercial driver's licenses (CDLs) issued by 
States after January 1, 2001, include a unique identifier that may be 
biometric. Although the 1998 legislation did not explicitly repeal the 
1988 mandatory biometric identifier language, the agency concluded the 
contradictory language of the 1998 statute, when viewed against the 
lack of a statement of congressional intent in the legislative 
conference reports for TEA-21, supersedes and repeals by implication 
the 1988 mandate. Therefore, FMCSA found that TEA-21 changed the 
standard from mandating use of a biometric identifier to mandating use 
of a unique identifier, which may or may not be biometric.
    In 1999, FMCSA again conducted a study to determine if a national 
biometric program was feasible and whether fingerprinting or facial 
imaging should be used. The results showed that a national biometric 
implementation program is feasible and that thumbprints are better than 
facial images as a biometric standard.

Withdrawal of Proposal

    FMCSA believes the agency has satisfied the unique identifier 
standard in TEA-21 through its adoption of a specialized search 
procedure as part of the CDLIS. This procedure contains the following 
seven personal identifiers: Name, date of birth, sex, height, weight, 
eye color, and Social Security number, in an algorithm designed to 
produce a highly probable personal identification.
    The Transportation Security Administration (TSA) currently is 
developing a Transportation Worker Identification Credential (TWIC) 
that

[[Page 24359]]

will incorporate biometric identifiers. Because FMCSA is no longer 
required to promulgate a regulation on biometric identifiers, the 
agency believes TSA is the agency in a better position to lead further 
development of biometric identifiers, thereby avoiding a potential 
conflict in standards adopted by each agency. The adoption of different 
standards and/or technologies for CDLs and a TWIC could place an 
unnecessary burden on States. Therefore, FMCSA is withdrawing its 
ANPRMs dated May 15, 1989, and March 8, 1991, on biometric identifiers.
    FMCSA has shared its research on biometric identifiers with TSA. 
FMCSA will continue to work in a collaborative effort with TSA on the 
development of TSA's biometric identifier standard and the development 
of a TWIC. In the future, FMCSA may assess the impact of the TWIC upon 
the Federal Motor Carrier Safety Regulations.

    Issued on: April 27, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05-9171 Filed 5-6-05; 8:45 am]
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