[Federal Register Volume 86, Number 139 (Friday, July 23, 2021)]
[Rules and Regulations]
[Pages 38937-38940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15693]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 384

[Docket No. FMCSA-2020-0198]
RIN 2126-AC36


Commercial Driver's License Standards, Requirements and 
Penalties; Exclusively Electronic Exchange of Driver History Record 
Information

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

ACTION: Final rule.

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SUMMARY: FMCSA codifies the statutory requirement that State driver 
licensing agencies (SDLAs) implement a system and practices for the 
exclusively electronic exchange of driver history record (DHR) 
information through the Commercial Driver's License Information System 
(CDLIS), including the posting of convictions, withdrawals, and 
disqualifications. The rule aligns FMCSA's regulations with existing 
statutory requirements set forth in the Moving Ahead for Progress in 
the 21st Century Act (MAP-21). The rule also establishes a date by 
which States must be in substantial compliance with this final rule.

DATES: 

    Effective Date: This final rule is effective August 23, 2021.

[[Page 38938]]

    Compliance Date: Compliance with the final rule is required August 
22, 2024.
    Petitions for Reconsideration: Petitions for reconsideration of 
this final rule must be submitted to the FMCSA Administrator no later 
than August 23, 2021.

FOR FURTHER INFORMATION CONTACT: Mr. Joshua Jones, Commercial Driver's 
License Division, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Avenue SE, Washington, DC 20590-0001, (202) 366-7332, 
[email protected]. If you have questions on viewing or submitting 
material to the docket, contact Dockets Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Availability of Rulemaking Documents

    For access to docket FMCSA-2020-0198 to read background documents, 
go to https://www.regulations.gov/docket/FMCSA-2020-0198/document at 
any time, or to Dockets Operations at U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590-0001, between 9:00 a.m. and 5:00 p.m., Monday through Friday, 
except Federal holidays.

II. Executive Summary

    This rule revises 49 CFR 384.208, Notification of disqualification, 
and 384.209, Notification of traffic violations, to require that States 
implement a system and practices for the exclusively electronic 
exchange of DHR information through CDLIS, including the posting of 
convictions, withdrawals, and disqualifications. The requirements are 
mandated by sections 32305(a)(1) and 32305(b)(1)(B) of MAP-21 (Pub. L. 
112-141, 126 Stat. 405, 792, codified at 49 U.S.C. 31309(e)(4)(A)(ii) 
and 31311(a)(23)). The purpose of the rule is to align FMCSA's 
regulations with existing statutory requirements. States must achieve 
substantial compliance with this requirement as soon as practicable, 
but not later than 3 years after the effective date of the final rule. 
``Substantial compliance'' means that a State meets this requirement 
``by means of the demonstrable combined effect of its statutes, 
regulations, administrative procedures and practices, organizational 
structures, internal control mechanisms, resource assignments 
(facilities, equipment, and personnel), and enforcement practices.'' 49 
CFR 384.301(a).
    Because all States currently have the technical capability to send 
DHR information electronically through CDLIS, including convictions, 
withdrawals, and disqualifications, the Agency does not expect this 
rule to result in incremental costs or benefits to the States. Costs 
and benefits are discussed further below in Section VI.

III. Legal Basis for the Rulemaking

    This final rule is based on the general authority of 49 U.S.C. 
chapter 313. The provisions in 49 U.S.C. chapter 313, implemented in 49 
CFR parts 383 and 384, establish the commercial driver's license (CDL) 
and commercial learner's permit (CLP) programs, as well as the CDLIS. 
The CDLIS is a national information technology system facilitating the 
electronic exchange of driver-specific data among the States, including 
commercial license status and driving history (49 U.S.C. 31309). The 
States are required to ensure that CDL and CLP holders convicted of 
serious traffic violations are prohibited from operating a CMV for the 
periods prescribed (49 U.S.C. 31310). The Secretary of Transportation 
(the Secretary) is directed to monitor the States' compliance with the 
licensing, testing, and qualification standards set forth in the 
statute (49 U.S.C. 31311). The goal of these provisions is to improve 
highway safety by ensuring that drivers of large trucks and buses are 
qualified to operate those vehicles, and to remove unqualified drivers 
from public roads.
    As noted above, this final rule derives from the specific authority 
of sections 32305(a)(1) and 32305(b)(1)(B) of MAP-21. Those provisions 
require, respectively, that States use CDLIS to receive and submit 
driver conviction and disqualification data, and that, to avoid having 
apportionments from the Highway Trust Fund under 23 U.S.C. 104(b)(1) 
and (b)(2) withheld, States must implement procedures for the 
exclusively electronic exchange of DHR information on CDLIS, including 
the posting of convictions, withdrawals, and disqualifications. This 
final rule incorporates those requirements into the Code of Federal 
Regulations (CFR).
    The Administrative Procedure Act (APA) provides that notice and 
comment are not required when the agency finds ``good cause'' to 
dispense with such procedures, and incorporates the finding, and a 
brief statement of reasons supporting the finding, in the rule issued. 
Good cause exists when the agency determines that notice and public 
comment procedures ``are impracticable, unnecessary, or contrary to the 
public interest'' (5 U.S.C. 553(b)(B)). In this case, Congress did not 
vest any discretion in the Secretary for carrying out the statutory 
provisions cited above; these requirements are already in effect and 
enforceable, regardless of whether they are incorporated in the CFR. 
The Agency therefore finds that notice and public comment are 
unnecessary because FMCSA is not authorized to make any changes in 
these requirements in response to public comments. This final rule 
simply codifies an existing statutory requirement, thereby aligning the 
statute and CFR.
    The requirements pertaining to public participation in rulemaking, 
as set forth in 49 U.S.C. 31136(g) and 49 CFR 389.13(b), do not apply 
here because this final rule is not a major rule.\1\
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    \1\ `A ``major rule'' means any rule that the Administrator of 
Office of Information and Regulatory Affairs (OIRA) at the Office of 
Management and Budget (OMB) finds has resulted in or is likely to 
result in (a) an annual effect on the economy of $100 million or 
more; (b) a major increase in costs or prices for consumers, 
individual industries, geographic regions, or Federal, State, or 
local government agencies; or (c) significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based enterprises to compete with 
foreign-based enterprises in domestic and export markets (49 CFR 
389.3).
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    Finally, the FMCSA Administrator is delegated authority under 49 
CFR 1.87(e)(1) to carry out the functions vested in the Secretary by 49 
U.S.C. chapter 313, relating to commercial motor vehicle operators.

IV. Discussion of Final Rule

    As noted above, MAP-21 amended 49 U.S.C. 31311(a) by adding the 
requirement that States implement a system and practices for the 
exclusively electronic exchange of driver history record information on 
the system the Secretary maintains under section 31309 (i.e., CDLIS), 
including the posting of convictions, withdrawals, and 
disqualifications. This final rule codifies those requirements.
    In March 2020, FMCSA held an information listening session during 
its regular ``Roundtable'' discussion with the American Association of 
Motor Vehicle Administrators (AAMVA), SDLAs, and other stakeholders 
affected by the electronic exchange requirements. While all States 
currently have the technical capability to transmit the DHR information 
through CDLIS, some SDLAs are unable to do so when the driver 
information (e.g., driver's CDL number, date of birth, or State of 
record), required for CDLIS to validate and accept the electronic 
record, is incorrect or missing. Under those circumstances, States must 
rely on alternative methods of transmission, such as the U.S. mail. 
Some States also noted the need for specific authorization by their 
State legislatures to incorporate

[[Page 38939]]

the exclusively electronic exchange requirements into State law.
    In recognition of these issues, the final rule provides that States 
should achieve substantial compliance as soon as possible, but not 
later than 3 years from the effective date of this rule. This period 
provides sufficient time for those SDLAs required to obtain 
authorization from their State legislatures to do so. In addition, 
FMCSA will work closely with AAMVA and the States to address current 
systemic impediments to transmitting DHR information through CDLIS, and 
to provide related regulatory guidance responding to SDLAs' questions 
and concerns. The Agency acknowledges that some SDLAs believe CDLIS is 
not the most efficient electronic means of transmitting driver 
conviction information. As discussed above, however, FMCSA must adhere 
to the statutory requirements codified by this final rule, which 
specify that CDLIS be used to transmit the information.

V. Section-by-Section Analysis

    The words ``via CDLIS'' are added to the end of paragraph (a) of 
Sec.  384.208. The phrase ``and must be transmitted through CDLIS'' is 
added to the end of paragraph (c) of Sec.  384.209.
    This final rule also adds new paragraph (n) to Sec.  384.301, 
requiring States to come into substantial compliance with the changes 
made by this final rule within 3 years of its effective date.

VI. Regulatory Analyses

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

    FMCSA has considered the impact of this final rule under E.O. 12866 
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563 
(76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory 
Review, and DOT's regulatory policies and procedures. OIRA determined 
that this final rule is not a significant regulatory action under 
section 3(f) of E.O. 12866, as supplemented by E.O. 13563, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that order. Accordingly, OMB has not reviewed it under these 
orders.
    This rulemaking codifies a mandate imposed by MAP-21, as set forth 
in 49 U.S.C. 31309(e)(4)(A)(ii) and 31311(a)(23). Those provisions 
require, respectively, that States use CDLIS to receive and submit 
driver conviction and disqualification data, and that, to avoid having 
apportionments from the Highway Trust Fund under 23 U.S.C. 104(b)(1) 
and (b)(2) withheld, States must implement procedures for the 
exclusively electronic exchange of DHR information on CDLIS, including 
the posting of convictions, withdrawals, and disqualifications.
    While all States currently have the technical capability to comply 
with the MAP-21 requirements by electronically transmitting DHR 
information through CDLIS, some States must rely on non-electronic 
means (e.g., mail) to transfer the DHR information on those occasions 
when they do not have sufficient information for CDLIS to validate and 
accept transmission (e.g., when there is a missing or incorrect date of 
birth or incorrect CDL number). As discussed above, FMCSA will work 
with AAMVA and the States to address the CDLIS constraints on 
submitting electronic DHR information, which should minimize the extent 
to which the initiating State is unable to complete the transmission 
due to deficient information, and to streamline further the exchange of 
DHR information through CDLIS. CDLIS costs may result, however, if 
AAMVA determines that software updates are necessary at the State level 
to accomplish this change. At this time, the existence or extent of 
potential CDLIS update costs is unknown. If such costs are incurred, 
States are eligible to apply for Commercial Driver License Program 
Implementation grants.
    Further, FMCSA is aware that at least one State believes 
exclusively electronic exchange of DHR information would result in a 
cost savings. Some States currently employ people and/or pay overtime 
to process paper convictions; the more efficient electronic submission 
of DHR information will allow those resources to be used for other 
purposes. FMCSA does not know the extent of these cost savings in any 
given State, or the number of States that would experience a cost 
savings.

B. Congressional Review Act

    This rule is not a major rule as defined under the Congressional 
Review Act (5 U.S.C. 801, et seq.).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601, et seq.) 
applies to any rule subject to notice and comment rulemaking under 
section 553(b) of the APA and requires Federal agencies to consider the 
effects of the regulatory action on small business and other small 
entities and to minimize any significant economic impact. FMCSA is not 
required to complete a regulatory flexibility analysis, because, as 
discussed earlier in the Legal Basis section, this action is not 
subject to notice and comment under section 553(b) of the APA.

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996,\2\ FMCSA wants to assist small 
entities in understanding this final rule so they can better evaluate 
its effects on themselves and participate in the rulemaking initiative. 
If the final rule will affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance; please consult the person listed 
under FOR FURTHER INFORMATION CONTACT.
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    \2\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
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    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the Small Business Administration's Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of FMCSA, call 
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights 
of small entities to regulatory enforcement fairness and an explicit 
policy against retaliation for exercising these rights.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $168 million (which is the 
value equivalent of $100,000,000 in 1995, adjusted for inflation to 
2019 levels) or more in any one year. Though this final rule will not 
result in such an expenditure, the Agency does discuss the effects of 
this rule elsewhere in this preamble.

F. Paperwork Reduction Act

    This final rule contains no new information collection requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

[[Page 38940]]

G. E.O. 13132 (Federalism)

    A rule has implications for federalism under Section 1(a) of 
Executive Order 13132 if it has ``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.'' This rule amends the CDL regulations in 
49 CFR part 384 to align regulatory requirements with existing 
statutory requirements on States. Because this rule makes conforming, 
and not substantive, changes to requirements already imposed on States 
in the CDL program, 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. Therefore, 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Impact Statement.

H. Privacy Impact Assessment

    The Consolidated Appropriations Act, 2005, (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. Because this rule does not require the 
collection of personally identifiable information, the Agency is not 
required to conduct a PIA.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency that receives records contained in a system 
of records from a Federal agency for use in a matching program.
    The E-Government Act of 2002, Public Law 107-347, section 208, 116 
Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct 
PIA for new or substantially changed technology that collects, 
maintains, or disseminates information in an identifiable form. No new 
or substantially changed technology would collect, maintain, or 
disseminate information as a result of this rule. As a result, FMCSA 
has not conducted a PIA.

I. E.O. 13175 (Indian Tribal Governments)

    This rule does not have Tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
Tribes, on the relationship between the Federal Government and Indian 
Tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian Tribes.

J. National Environment Policy Act of 1969

    FMCSA analyzed this rule pursuant to the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321, et seq.) and determined this action 
is categorically excluded from further analysis and documentation in an 
environmental assessment or environmental impact statement under FMCSA 
Order 5610.1 (69 FR 9680, Mar. 1, 2004), Appendix 2, paragraphs 
(6)(t)(1). The Categorical Exclusion (CE) in paragraph (6)(t)(1) covers 
requirements for regulations to ensure that the States comply with the 
provisions of the Commercial Motor Vehicle Safety Act of 1986, by 
including the minimum standards for the actions States must take to be 
in substantial compliance with each of the statutory requirements of 49 
U.S.C. 31311(a). The content in this rule is covered by this CE and the 
final action does not have any effect on the quality of the 
environment.

List of Subjects in 49 CFR Part 384

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Highway safety, and Motor carriers.

    Accordingly, FMCSA amends 49 CFR part 384 as follows:

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

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

    Authority: 49 U.S.C. 31136, 31301 et seq., 31502; secs. 103 and 
215, Pub. L. 106-159, 113 Stat. 1753, 1767; sec. 32934, Pub. L. 112-
141, 126 Stat. 405, 830; and 49 CFR 1.87.


0
2. Amend Sec.  384.208 by revising paragraph (a) to read as follows:


Sec.  384.208  Notification of disqualification.

    (a) No later than 10 days after disqualifying a CLP or CDL holder 
licensed by another State, or disqualifying an out-of-State CLP or CDL 
holder's privilege to operate a commercial motor vehicle for at least 
60 days, the State must notify the State that issued the license of the 
disqualification via CDLIS.
* * * * *

0
3. Amend Sec.  384.209 by revising paragraph (c) to read as follows:


Sec.  384.209  Notification of traffic violations.

* * * * *
    (c) Required timing of notification. Notification of traffic 
violations must be made within 10 days of the conviction and must be 
transmitted through CDLIS.

0
4. Amend Sec.  384.301 by adding paragraph (n) to read as follows:


Sec.  384.301  Substantial compliance-general requirements.

* * * * *
    (n) A State must come into substantial compliance with the 
requirements of this part in effect as of August 23, 2021, as soon as 
practicable, but not later than August 22, 2024.

    Issued under authority delegated in 49 CFR 1.87.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021-15693 Filed 7-22-21; 8:45 am]
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