[Federal Register Volume 76, Number 214 (Friday, November 4, 2011)]
[Rules and Regulations]
[Pages 68328-68332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28517]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 384

[Docket No. FMCSA-2011-0039]
RIN 2126-AB33


Commercial Driver's License Information System State Procedures 
Manual, Release 5.2.0

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

ACTION: Final rule.

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SUMMARY: FMCSA amends the Federal Motor Carrier Safety Regulations 
(FMCSRs) to incorporate by reference the most recent edition of the 
American Association of Motor Vehicle Administrators, Inc.'s (AAMVA) 
Commercial Driver's License Information System (CDLIS) State Procedures 
Manual (the Manual) (Release 5.2.0). This final rule requires all State 
driver licensing agencies (SDLAs) to use this recent edition of the 
Manual to develop the process required to transmit, receive, record, 
and update information on a CDLIS driver record. This information 
includes, but is not limited to, the commercial driver's license (CDL) 
holder's physical description, commercial and noncommercial driving 
status, medical certification status, convictions, disqualifications 
and accidents. This final rule is intended to ensure the uniform 
application of CDLIS procedures among all States.

DATES: Effective Date: This final rule takes effect on December 5, 
2011. Compliance Date: Compliance is required by January 30, 2012. The 
incorporation by reference of the publication listed in the rule is 
approved by the Director of the Office of the Federal Register as of 
December 5, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Redmond, Senior 
Transportation Specialist, Commercial Driver's License Division, 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590-

[[Page 68329]]

0001; Telephone: (202) 366-5014; Email address: [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    The electronic file of this document is available from the 
following: the Federal Register at http://www.gpoaccess.gov/fr/index.html; the Federal eRulemaking Portal at http://www.regulations.gov and searching the Agency name and docket number 
(FMCSA-2011-0039).

Table of Contents

I. Legal Basis
II. Background
III. Purpose and Scope of the CDLIS State Procedures Manual
IV. Incorporation by Reference
V. Discussion of Comments and Responses
VI. Summary of Final Rule
VII. Regulatory Analyses

I. Legal Basis

    The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (Pub. L. 
99-570, title XII, 100 Stat. 3207-170, codified at 49 U.S.C. chapter 
313) required the Secretary of Transportation, after consultation with 
the States, to prescribe regulations on minimum uniform standards for 
State issuance of CDLs. The Act also granted FMCSA authority to 
prescribe procedures and requirements the States must observe in 
issuing CDLs and CDL learner permits and specified information States 
must include on each CDL (49 U.S.C. 31308).
    FMCSA is required by statute to maintain an information system that 
serves as the clearinghouse and depository of information about the 
licensing, identification and disqualification of operators of CMVs (49 
U.S.C. 31309). CDLIS is the information system that serves that 
function. To avoid loss of Federal-aid highway funds, 49 U.S.C. 31314 
requires each State to comply substantially with 49 U.S.C. 31311(a), 
which prescribes the requirements for State participation in the CDL 
program. To ensure that the States are able to exchange information 
about CDL holders efficiently and effectively through CDLIS, as 
required by 49 U.S.C. 31311(a)(5)-(9), (15), (18)-(19), and (21), this 
rule requires States issuing CDLs and CDL learner permits to follow all 
the procedures described in Version 5.2.0 of the CDLIS State Procedures 
Manual when posting, transmitting, and receiving all information on a 
CDL driver's CDLIS driver record.

II. Background

    In 1988, the Federal Highway Administration (FHWA) entered into a 
designation agreement with AAMVA's affiliate AAMVAnet, Inc. to create 
and operate CDLIS. Under that agreement, CDLIS had to contain all the 
information required in 49 U.S.C. 31309(b). The 1988 agreement stated 
that AAMVAnet will ``cooperate fully with FHWA with respect to the 
operation of CDLIS including, but not limited to, information content 
and the development of standards relating to access to CDLIS by States 
and various employers and employees.'' Pursuant to section 106(b) of 
the Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L. 106-
159, 113 Stat. 1748, 1757, 49 U.S.C. 113 note), the 1988 agreement 
automatically transferred to FMCSA upon the Agency's establishment and 
remained in effect until FMCSA and AAMVA, the party that inherited the 
responsibilities of its affiliate AAMVAnet, Inc., entered into a 
superseding agreement in 2008. Copies of the 1988 and 2008 agreements 
are in the public docket for this rulemaking.
    In August 2005, section 4123 of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) 
authorized FMCSA to establish a modernization plan for CDLIS (Pub. L. 
109-59, 119 Stat. 1144, 1734, partly codified at 49 U.S.C. 31309(e) et 
seq.). Section 4123 also authorized grants to States or organizations 
representing States for the modernization of CDLIS (49 U.S.C. 
31309(f)).
    On May 2, 2006, FMCSA published the CDLIS Modernization Plan in the 
Federal Register (71 FR 25885). The Plan detailed the statutory 
requirements for modernization, the phases of the modernization plan, 
and the availability of grant funding for AAMVA and the States to 
comply with CDLIS modernization requirements. Since May 2006, AAMVA has 
received grants from FMCSA to complete the tasks enumerated in the 
Modernization Plan.
    On June 9, 2008, FMCSA and AAMVA entered into a new cooperative 
agreement regarding the operation, maintenance, and modernization of 
CDLIS. While FMCSA authorizes AAMVA to maintain and operate CDLIS, 
FMCSA does not own CDLIS and it is not a Federal system of records. 
FMCSA and AAMVA work closely together to monitor State compliance with 
the CDLIS specifications, as set forth in the May 2, 2006 Federal 
Register notice, and the States' annual grant agreements. FMCSA has 
awarded AAMVA Federal financial assistance grants to maintain an active 
Help Desk for State personnel, to conduct regularly occurring CDLIS 
training courses for State personnel, and to provide States with 
regular CDLIS transaction and error reports to improve their compliance 
efforts.
    The goals of the 2008 agreement, to which any amendments must be 
made in writing and signed by all parties, are to provide a framework 
for the ongoing operation, maintenance, administration, enhancement, 
and modernization of CDLIS by AAMVA. The modernization will ensure 
compliance with applicable Federal information technology security 
standards; electronic exchange of all information including the posting 
of convictions; self-auditing features to ensure that data are being 
posted correctly and consistently by the States; and integration of an 
individual's CDL and the medical certificate as required in the final 
rule on ``Medical Certification Requirements as Part of CDL'' (73 FR 
73096, December 1, 2008). Finally, the agreement provides a schedule 
for modernization of the system. The updated Release 5.2.0 of the 
Manual implements the CDLIS modernization effort.

III. Purpose and Scope of the CDLIS State Procedures Manual

    The Manual (Release 5.2.0, February 2011) outlines the standard 
administrative practices required of the fifty States and the District 
of Columbia when participating in CDLIS. The 13 Canadian provinces and 
territories and the Mexican General Directorship of Federal Motor 
Carrier Transportation (DGAF) will also adopt the Release 5.2.0. This 
updated Release 5.2.0 supersedes the Manual (Release 4.1.0) of 
September 2007.
    The primary audience for this Manual is State personnel involved in 
CDL programs, and their counterparts in Canada and Mexico, including 
administrative employees involved in driver licensing and computer-
technology staff supporting the CDLIS transactions. The Manual (Release 
5.2.0) contains background information about the laws mandating CDLIS 
and discusses types of CDLIS users. This Manual also includes 
descriptions, excerpted from the CDLIS System Specifications (Release 
5.2.0), of the nation-wide computerized data-exchange transactions used 
to electronically record and report driver information. Further, the 
Manual (Release 5.2.0) provides guidance on administrative driver 
licensing procedures that involve CDLIS, including issuing, renewing, 
transferring, withdrawing, and reinstating a driver's license, and 
posting convictions. The Manual (Release 5.2.0) does not address CDL or 
CDL learner's permit program

[[Page 68330]]

requirements outside the scope of CDLIS.
    The Manual (Release 5.2.0) addresses changes that were made as part 
of the modernization effort to make CDLIS more efficient in handling 
the increasing number of driver records and data transactions. These 
changes include new rules for processing transactions, procedures for 
handling data transaction errors and clarifications of existing rules 
and procedures for processing data transactions. The following is a 
summary of the changes:

Comply With Applicable Federal Information Technology Security 
Standards

     The network was upgraded to comply with National Institute 
of Standards and Technology (NIST) and other Federal standards, 
including the encryption of messages (note: all States have completed 
this upgrade).
     FMCSA has encouraged States to follow the NIST standards 
in their internal systems that maintain driver history information used 
in messages sent via CDLIS.
     Because the CDLIS Central Site stores a significant 
accumulation of personally identifiable information (PII), FMCSA has 
overseen a Certification and Accreditation by independent auditors to 
ensure that it provides sufficient safeguards and mitigates the risk of 
that data being compromised or accessed by unauthorized personnel.

Provide for the Electronic Exchange of all Information, Including 
Posting of Convictions

     Medical Certificate information, driver self-certification 
of operating status, medical certification status, information 
regarding variances and exemptions from medical requirements have all 
been added to the driver history record exchanged via CDLIS.
     A new nationwide driver license restriction code of `V' 
was created to be used on the license document and CDLIS messages to 
ensure law enforcement would ask the driver to provide variance 
information during a traffic stop.
     A new CDLIS message will allow FMCSA to quickly locate a 
driver's State and license number after a crash.

Contain Self-Auditing Features to Ensure That Data Is Being Posted 
Correctly and Consistently by the States

     Message edit-checks were added to ensure that data in 
driver history is being posted correctly and consistently by the 
States.
     Reports have been created to assist FMCSA in monitoring 
State compliance with Federal regulations related to timeliness, data 
quality, and various capabilities.
     States will be required to provide data from their 
licensing systems to verify that it matches the information on the 
Central Site; States will be provided error reports to take action to 
correct any data conflicts.
     Non-PII data will be used to create statistical reports 
related to the national CDL program.
    The Manual also addresses the rules and procedures for recording 
and transmitting the new medical certification data that is being added 
to CDLIS driver records.

IV. Incorporation by Reference

    Section 552(a)(1) of Title 5, U.S.C., authorizes agencies, with the 
approval of the Director of the Federal Register, to incorporate by 
reference into regulations materials already published elsewhere. This 
reduces the volume of material published in the Federal Register and 
the Code of Federal Regulations. This final rule is part of the process 
of incorporating the Manual (Release 5.2.0) by reference. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in the Federal Register. This material, like any 
other properly issued rule, would then have the force and effect of 
law.
    When the regulatory requirements for State participation in the CDL 
program were adopted as 49 CFR part 384 (59 FR 26029, May 18, 1994), 
they included the provision that the States must adhere to program 
requirements specified by the Agency and the designated operator of 
CDLIS. Section 384.231(d) states that each ``State shall maintain such 
driver records and cause such driver identification data to be retained 
on the CDLIS as the operator of the CDLIS specifies are necessary to 
the implementation and enforcement of the disqualifications called for 
in Sec. Sec.  384.215 through 384.219.'' In fact, the information 
collection requirements built into CDLIS were specified broadly by FHWA 
in 1988 and more precisely by FMCSA in 2008. Those requirements have 
formed the basis for several editions of the Manual. In 2002, FMCSA, 
therefore, incorporated by reference into Sec.  384.231(d) Version 2.0 
of the Manual (67 FR 49742, July 31, 2002) and later updated the rule 
to incorporate the Manual (Version 4.1.0) (73 FR 73096, December 1, 
2008).
    FMCSA believes that uniform practices among the States can only be 
ensured by incorporating by reference the latest Manual (Release 
5.2.0), published in February 2011. This most recent version of the 
Manual (Release 5.2.0) is available for inspection at the Department of 
Transportation Library and the National Archives and Records 
Administration. Copies of the Manual may also be obtained through 
AAMVA. Further details, contact addresses, and telephone numbers are 
provided in 49 CFR 384.107. While AAMVA plans to update this version of 
the Manual as needed to reflect changing legal requirements and best 
practices in the operation of CDLIS, incorporating the Manual (Release 
5.2.0) by reference, however, ensures that each State complies with the 
specific version required by FMCSA.

V. Discussion of Comments and Responses

    FMCSA published a notice of proposed rulemaking (NPRM) on April 6, 
2011, and provided for a 60-day public comment period (76 FR 19023). 
During the comment period, FMCSA received one comment from an anonymous 
source.

Comment

    The commenter agreed overall with the proposed rule. However, there 
was concern that the NPRM did not explain with specificity the types of 
convictions, disqualifications and accidents that will be listed on a 
driver's CDLIS record. The commenter further stated that convictions, 
disqualifications, and accidents that occurred outside the scope of a 
driver's use of his or her CDL should not be posted on a driver's CDLIS 
record. The commenter stated that the following should not be included 
in a driver's CDLIS record: (1) Convictions outside the scope of the 
use of the CDL, for example, battery; and (2) information about 
accidents in vehicles that do not require the driver to hold a CDL.
    The commenter also stated that certain information not related to a 
driver's use of a CDL should be included in his or her CDLIS record, 
such as all events resulting from chemical abuse and child molestation.
    The commenter stated that implementing these changes would benefit 
FMCSA by reducing the risk of a challenge to the rule on privacy or 
equal protection grounds, would assist law enforcement in determining 
whether a CDL holder will be a safe driver and would act as a deterrent 
to CDL holders.

FMCSA Response

    The purpose of this final rule is to incorporate by reference the 
Manual (Release 5.2.0), which will be more efficient in handling the 
increasing

[[Page 68331]]

number of driver records and data transactions. The Manual (Release 
5.2.0) includes new rules for processing transactions, procedures for 
handling data transaction errors and clarifications of existing rules 
and procedures for processing data transactions.
    This final rule does not make any changes to the types of 
convictions, disqualifications, and accidents that are required to be 
reported to CDLIS. As a result, the comment on what types of 
convictions, disqualifications or accidents should or should not be 
included in CDLIS are outside the scope of this rulemaking.

VI. Summary of Final Rule

    This final rule amends the regulations at Sec.  384.107 (b) to 
incorporate by reference the Manual (Release 5.2.0), and at Sec.  
384.301 to add paragraph (g) specifying that the State must comply with 
requirements of this rule by January 30, 2012. In the NPRM, FMCSA 
proposed adding the incorporation by reference to paragraph (e) of 
Sec.  384.301; the Agency has now codified this provision in paragraph 
(g) as a result of other changes to the regulations that were codified 
after the NPRM was published.
    This final rule requires States to comply with the Manual (Release 
5.2.0) by January 30, 2012. The Agency believes the standard 3-year 
phase-in period is unnecessary because, under the modernization plan, 
the States are currently working to pass required implementing 
legislation, modify their information systems to comply with the new 
modernized CDLIS, begin recording the medical examiner's certificate 
information onto the CDLIS driver record, and make that information 
available from the CDLIS driver record beginning on January 30, 2012.

VII. Regulatory Analyses

Executive Order 12866 (Regulatory Planning and Review), Executive Order 
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory 
Policies and Procedures

    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563 (76 FR 3821, Jan. 21, 2011), 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of that Order. The Agency does not believe 
implementing this rule will create new costs or cause an adverse 
economic impact on the industry or the public. Therefore, a full 
regulatory evaluation is unnecessary.
    This final rule is directed to SDLAs. It will merely incorporate 
the CDLIS State Procedures Manual (Release 5.2.0). Separate regulations 
require States to comply with the substantive requirements of the 
Manual(Release 5.2.0), which merely sets processes and procedures to 
ensure that these other regulations are uniformly implemented. As a 
result, this rule will not impose significant costs on the States.
    The only new statutory requirements that are addressed in the 
Manual are related to the merging of the medical examiner's certificate 
into the CDLIS driver record and those listed in the May 2, 2006 
Federal Register notice detailing the plan to modernize CDLIS. The 
costs associated with the implementation of the new medical examiner's 
certificate requirements were addressed in the final rule on ``Medical 
Certification Requirements as Part of the CDL,'' published on December 
1, 2008 (72 FR 73096). The costs associated with the modernization of 
CDLIS were addressed in the ``CDLIS Modernization Plan,'' published on 
May 2, 2006 (71 FR 25885).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
Federal agencies to determine whether rules could have a significant 
economic impact on a substantial number of small entities. This rule 
will primarily affect States and their processes and procedures for 
maintaining electronic driver history records. Consequently, I certify 
that this action will not have a significant economic impact on a 
substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This rulemaking does not impose an unfunded Federal mandate, as 
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et 
seq.), that will result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $141.3 
million (which is the value of $100 million in 2010 after adjusting for 
inflation) or more in any 1 year.

Executive Order 12988 (Civil Justice Reform)

    This final rule 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 13045 (Protection of Children)

    FMCSA analyzed this action under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. The 
Agency determined that this rule will not create an environmental risk 
to health or safety that may disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with Executive Order 
12630, Governmental Actions and Interference With Constitutionally 
Protected Property Rights, and has determined it will not affect a 
taking of private property or otherwise have taking implications.

Executive Order 13132 (Federalism)

    FMCSA analyzed this final rule in accordance with the principles 
and criteria of Executive Order 13132, ``Federalism,'' and has 
determined that it does not have federalism implications.
    The Federalism Executive Order applies to ``policies that have 
federalism implications,'' which is defined as regulations and other 
actions 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 the various levels of 
government.'' Sec. 1(a). Further, Section 3(b) of the Federalism Order 
provides that ``[n]ational action limiting the policymaking discretion 
of the States shall be taken only where there is constitutional and 
statutory authority for the action and the national activity is 
appropriate in light of the presence of a problem of national 
significance.''
    The final rule amends the CDL program authorized by CMVSA. States 
have been issuing CDLs in accordance with Federal standards for over 
two decades. The CDL program does not have preemptive effect because it 
is voluntary. States may withdraw at any time, although doing so would 
result in the loss of certain Federal-aid highway funds pursuant to 49 
U.S.C. 31314. Because this rule makes only small, though numerous, 
incremental changes to the requirements already imposed on 
participating States, FMCSA has determined that it does not have 
substantial direct effects on the States, on the relationship between 
the Federal and State governments, or on the distribution of power and 
responsibilities among the various levels of government.

Privacy Impact Assessment

    Section 522 of title I of division H of the Consolidated 
Appropriations Act,

[[Page 68332]]

2005, enacted December 8, 2004 (Pub. L. 108-447, 118 Stat. 2809, 3268, 
5 U.S.C. 552a note) requires the Agency to conduct a privacy impact 
assessment (PIA) of a regulation that will affect the privacy of 
individuals. This rule requires States to adopt uniform processes and 
procedures to maintain electronic driver history records in CDLIS, but 
does not require the collection of PII.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency which receives records contained in a system 
of records from a Federal agency for use in a matching program. The 
CDLIS records, however, are not transferred from FMCSA to the States; 
they are created and maintained by the States. FMCSA has determined 
this rule will not result in a new or revised Privacy Act System of 
Records for FMCSA.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this program.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et 
seq.), Federal agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information they 
conduct, sponsor, or require through regulations. FMCSA has determined 
that this final rule does not affect a currently-approved information 
collection covered by the OMB Control No. 2126-0011 titled, 
``Commercial Driver Licensing and Test Standards'' or create the need 
for any new information collection.

National Environmental Policy Act and Clean Air Act

    FMCSA analyzed this rule in accordance with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). The 
Agency has determined under its environmental procedures Order 5610.1, 
published March 1, 2004 in the Federal Register (69 FR 9680), that this 
action is categorically excluded (CE) from further environmental 
documentation under Appendix 2, Paragraph 6(s) and (t) of the Order (69 
FR 9703). That CE relates to regulations regarding the CDL and related 
activities to assure CDL information is exchanged between States. In 
addition, the Agency believes this rule includes no extraordinary 
circumstances that will have any effect on the quality of the 
environment. Thus, the action does not require an environmental 
assessment or an environmental impact statement.
    FMCSA also analyzed this rule under the Clean Air Act, as amended 
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing 
regulations promulgated by the Environmental Protection Agency. 
Approval of this action is exempt from the CAA's general conformity 
requirement since it does not affect direct or indirect emissions of 
criteria pollutants.

Executive Order 13211 (Energy Effects)

    FMCSA has analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution or Use. The Agency has determined that it is not a 
``significant energy action'' under that Executive Order because it is 
not economically significant and is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

List of Subjects in 49 CFR Part 384

    Administrative practice and procedure, Highway safety, 
Incorporation by reference, and Motor carriers.

    For the reasons set forth in the preamble, FMCSA amends part 384 of 
title 49, Code of Federal Regulations (49 CFR part 384) as follows:

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
1. The authority citation for part 384 continues to read as follows:

    Authority:  49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103 
and 215 of Pub. L. 106-159, 113 Stat. 1753, 1767; and 49 CFR 1.73.


0
2. Revise Sec.  384.107(b) to read as follows:


Sec.  384.107  Matter incorporated by reference.

* * * * *
    (b) Materials incorporated. The AAMVA ``Commercial Driver's License 
Information System (CDLIS) State Procedures Manual,'' Release 5.2.0, 
February 2011, incorporation by reference approved for Sec. Sec.  
384.225 and 384.231.
* * * * *


0
3. Revise Sec.  384.301 to add a new paragraph (g) to read as follows:


Sec.  384.301  Substantial compliance--general requirements.

* * * * *
    (g) A State must come into substantial compliance with the 
requirements of subpart B of this part, which is effective as of 
December 5, 2011, as soon as practicable, but not later than January 
30, 2012.

    Issued on: October 14, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-28517 Filed 11-3-11; 8:45 am]
BILLING CODE 4910-EX-P