[Federal Register Volume 89, Number 115 (Thursday, June 13, 2024)]
[Rules and Regulations]
[Pages 50235-50240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12882]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 384

[Docket No. FMCSA-2023-0269]
RIN 2126-AC68


Commercial Driver's License (CDL) Standards; Incorporation by 
Reference of a New State Procedures Manual (SPM)

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

ACTION: Final rule.

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SUMMARY: FMCSA amends the Federal Motor Carrier Safety Regulations 
(FMCSRs) to incorporate by reference

[[Page 50236]]

the most recent edition of the American Association of Motor Vehicle 
Administrators, Inc.'s (AAMVA's) Commercial Driver's License 
Information System (CDLIS) State Procedures Manual (SPM), version c.0. 
This rule will require all State driver's licensing agencies (SDLAs) to 
use this edition of the manual to follow standard administrative 
practices required by the States, and other jurisdictions using the SPM 
when participating in CDLIS. Version c.0 of the CDLIS SPM provides 
users with instructions on the processes and procedures for using the 
information system.

DATES: Effective July 15, 2024. The incorporation by reference of the 
material described in the rule is approved by the Director of the 
Federal Register as of July 15, 2024. Petitions for Reconsideration of 
this final rule must be submitted to the FMCSA Administrator no later 
than July 15, 2024.

FOR FURTHER INFORMATION CONTACT: Ms. Rebecca Rehberg, CDL Division, 
FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; (850) 728-
2034, [email protected]. If you have questions on viewing or 
submitting material to the docket, call Dockets Operations at (202) 
366-9826. FMCSA organizes this final rule as follows:

I. Availability of Rulemaking Documents
II. Executive Summary
III. Abbreviations
IV. Legal Basis
V. Background
VI. Discussion of Proposed Rulemaking and Comments
    A. Proposed Rulemaking
    B. Comments and Responses
VII. Changes From the NPRM
VIII. Section-by-Section Analysis
IX. Regulatory Analyses
    A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 
(Improving Regulation and Regulatory Review), E.O. 14094 
(Modernizing Regulatory Review), and DOT Regulatory Policies and 
Procedures
    B. Congressional Review Act
    C. Regulatory Flexibility Act
    D. Assistance for Small Entities
    E. Unfunded Mandates Reform Act of 1995
    F. Paperwork Reduction Act
    G. E.O. 13132 (Federalism)
    H. Privacy
    I. E.O. 13175 (Indian Tribal Governments)
    J. National Environmental Policy Act of 1969

I. Availability of Rulemaking Documents

    To view any documents mentioned as being available in the docket, 
go to www.regulations.gov/docket/FMCSA-2023-0269/document and choose 
the document to review. To view comments, click this final rule, then 
click ``Browse Comments.'' If you do not have access to the internet, 
you may view the docket online by visiting Dockets Operations at U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 
20590-0001, between 9 a.m. and 5p.m., Monday through Friday, except 
Federal holidays. To be sure someone is there to help you, please call 
(202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.

II. Executive Summary

A. Purpose and Summary of the Regulatory Action

    In this final rule, FMCSA incorporates by reference version c.0 of 
the Commercial Driver's License Information System (CDLIS) State 
Procedures Manual (SPM), which the American Association of Motor 
Vehicle Administrators, Inc. (AAMVA) released in September 2023. In 
2014, FMCSA incorporated by reference version 5.3.2.1 of the CDLIS SPM, 
which AAMVA released in August 2013 (79 FR 59450 (Oct. 2, 2014)). 
Version c.0 of the CDLIS SPM has replaced the 2013 version. The CDLIS 
SPM (version c.0) provides user instructions on the information system 
processes and procedures of the CDL program. This change reflects a 
routine update of the referenced SPM (version c.0) to include changes 
introduced in connection with the exclusively electronic exchange of 
driver history record information (EEE, 86 FR 38937) procedures and the 
second drug and alcohol clearinghouse final rule (DACH II or 
Clearinghouse, 86 FR 55718) information.
    The material is available, and will continue to be available, for 
inspection at the Department of Transportation Library. Copies of the 
SPM (version c.0) may also be obtained through AAMVA. Further details, 
including contact addresses and telephone numbers, for both the 
Department of Transportation Library and AAMVA are provided in Sec.  
384.107 in the amendatory text of this final rule. AAMVA plans to 
update this SPM as needed to reflect changing legal requirements and 
best practices in the operations of CDLIS. Incorporating version c.0 by 
reference, however, should ensure that each State complies with the 
specific version required by FMCSA.
    Twenty-six updates distinguish the September 2023 edition of the 
SPM (version c.0) from the August 2013 edition. The updates are all 
described in detail in the February 20, 2023, notice of proposed 
rulemaking (NPRM) for this rule (89 FR 12800). The incorporation by 
reference of the September 2023 edition does not impose new regulatory 
requirements and consequently will neither impose costs nor result in 
quantifiable benefits.

III. Abbreviations

AAMVA American Association of Motor Vehicle Administrators
AAMVAnet American Association of Motor Vehicle Administrators 
Network
CDL Commercial Driver's License
CDLIS Commercial Driver's License Information System
CE Categorical Exclusion
CFR Code of Federal Regulations
CLP Commercial Learner's Permit
CMV Commercial Motor Vehicle
CMVSA Commercial Motor Vehicle Safety Act
DACH Drug and Alcohol Clearinghouse
DGAF General Directorship of Federal Motor Carrier Transportation
DOT Department of Transportation
EEE Exclusively Electronic Exchange
E.O. Executive Order
FHWA Federal Highway Administration
FMCSA Federal Motor Carrier Safety Administration
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
NARA National Archives and Records Administration
NPRM Notice of Proposed Rulemaking
PIA Privacy Impact Analysis
PII Personally Identifiable Information
PTA Privacy Threshold Assessment
RFA Regulatory Flexibility Act
RTD Return to Duty
SDLA State Driver's Licensing Agency
SPEXS State Pointer Exchange Services
SPM State Procedures Manual
S2S State-to-State \1\
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    \1\ The acronym S2S is solely used for the purposes of this 
document to refer to processes involving State-to-State interactions 
and should not be confused with the CDLIS application system.
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The Secretary The Secretary of Transportation
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code

IV. Legal Basis

    Section 206 of the Motor Carrier Safety Act of 1984 (Pub. L. 98-
554, title II, 98 Stat. 2832, 2834, codified at 49 U.S.C. 31136) 
directed the Secretary of Transportation (the Secretary) to regulate 
commercial motor vehicles (CMVs) and the drivers and motor carriers 
that operate them. The Secretary was also directed to issue regulations 
governing the physical condition of drivers.
    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, after consultation with the States, to 
prescribe regulations on minimum uniform standards for State issuance 
of CDLs. CMVSA also specified information States must include on each

[[Page 50237]]

CDL (49 U.S.C. 31308). Congress delegated the authorities set forth in 
the Motor Carrier Safety Act of 1984 and the CMVSA to FMCSA's 
Administrator (see 49 U.S.C. 113(f)(1); see also sec. 1.87(e)-(f)).
    FMCSA, in accordance with 49 U.S.C. 31308, has authority to 
prescribe procedures and requirements the States must adhere to in 
issuing CDLs and commercial learner's permits (CLPs). 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) through (9), (15), (18), (19), and (21), this final rule 
will require States to follow all the procedures described in version 
c.0 of the CDLIS SPM when posting, transmitting, and receiving all 
information on a CDL driver's CDLIS driver record.
    FMCSA is further 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.
    The purpose of this final rule is to incorporate by reference 
version c.0 of the AAMVA SPM outlining user instructions on the use of 
CDLIS. The provisions within the SPM (version c.0) are intended to 
operate holistically in addressing a range of issues necessary to 
ensure compliance with the information system procedures of the 
commercial driver's license program. However, FMCSA recognizes that 
most provisions focus on unique topics. FMCSA finds that the various 
provisions within the SPM (version c.0) will be severable and able to 
operate functionally if one or more provisions were rendered null or 
otherwise eliminated. The remaining provision or provisions within the 
SPM (version c.0) will continue to operate functionally if any one or 
more provisions were invalidated and any other provision(s) remained. 
In the event a court were to invalidate one or more of the SPM's unique 
provisions, the remaining provisions should stand.

V. Background

    To carry out its obligation to maintain a system for information 
about CMV operators, in 1988, the Federal Highway Administration (FHWA) 
entered into a designation agreement with AAMVA's affiliate 
AAMVAnet,\2\ Inc. (AAMVAnet) to create and operate CDLIS. Under that 
agreement, CDLIS must contain all the information required in 49 U.S.C. 
31309(b). The 1988 agreement states 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, entered into a superseding agreement in 2008, 
discussed below.
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    \2\ AAMVAnet is the telecommunications network that 
electronically links the following systems: The jurisdictions (motor 
vehicle Agencies or Department of motor vehicles), FMCSA, third-
party service providers, Canadian interprovincial record exchange 
Bridge, Mexican Access Node, and the CDLIS central site.
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    In August 2005, section 4123 of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users authorized 
FMCSA to establish a modernization plan for CDLIS (Pub. L. 109-59, 119 
Stat. 1144, 1734, codified in part 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 2006 CDLIS Modernization 
Plan, and States' annual grant agreements. FMCSA has awarded Federal 
financial assistance grants to AAMVA to maintain an active Help Desk 
for the jurisdictions, conduct regularly occurring CDLIS training 
courses for the jurisdictions, and 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,\3\ 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, Medical Certification Requirements as Part 
of CDL (73 FR 73096, Dec. 1, 2008). Finally, the agreement provides a 
schedule for modernization of the system. The updated version c.0 of 
the SPM implements the CDLIS modernization effort.
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    \3\ The 2008 agreement was amended in 2013, however, the 
amendments did not relate to the CDLIS modernization efforts.
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VI. Discussion of Proposed Rulemaking and Comments

A. Proposed Rulemaking

    FMCSA published an NPRM on February 20, 2024 (89 FR 12800). Because 
the incorporation by reference found at 49 CFR 384.107(b)(1) references 
the outdated August 2013, edition of AAMVA's ``Commercial Driver's 
License Information System (CDLIS) State Procedures Manual,'' the NPRM 
proposed to incorporate by reference the current 2023 edition.
    Twenty-six updates distinguish the September 2023 edition from the 
August 2013 edition. Each of the changes was described and discussed in 
detail in the NPRM. Generally, the changes serve to outline the 
standard administrative practices required of the fifty States and the 
District of Columbia, known as ``the jurisdictions,'' when 
participating in CDLIS. The thirteen Canadian provinces and territories 
and the Mexican General Directorship of Federal Motor Carrier 
Transportation (DGAF) will also adopt version c.0 of the CDLIS SPM. 
Version c.0 of the SPM supersedes previous versions of the CDLIS SPM.
    The SPM (version c.0) contains background information about the 
laws mandating CDLIS and discusses types of CDLIS users. The SPM 
(version c.0) also

[[Page 50238]]

includes descriptions, excerpted from the State Pointer Exchange 
Services (SPEXS) System Specifications B.0.0, of the nationwide 
computerized data-exchange transactions used to electronically record 
and report driver information. Further, the SPM (version c.0) provides 
user instructions on administrative driver licensing procedures that 
involve CDLIS, including issuing, renewing, transferring, withdrawing, 
and reinstating a driver's license, and posting convictions. The SPM 
(version c.0) does not address CDL or CLP program requirements outside 
the scope of CDLIS.
    The CDLIS SPM (version c.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 provide users with instructions on the processes and 
procedures for using the CDL information system. In addition, version 
c.0 includes updates to support changes made to CDLIS as a result of 
the DACH II rule, published in October 2021, and revises procedures to 
support changes made to CDLIS as a result of the EEE rule, published in 
July 2021. Any references in the SPM (version c.0) to the U.S. Code or 
CFR should be confirmed by users.
    FMCSA contacted AAMVA December 19, 2023, to confirm that the 
Canadian provinces and territories, as well as Mexico's DGAF would also 
adopt version c.0 of the CDLIS SPM. On January 10, 2024, FMCSA notified 
AAMVA that it had inadvertently included incorrect CFR citations in 
version c.0 of the SPM. Additionally, FMCSA contacted AAMVA on April 8, 
2024, to confirm the latest existing release of the SPEXS 
Specifications System. FMCSA placed a memorandum in the docket for this 
rulemaking to document the communications between the Agency and AAMVA.

B. Comments and Responses

    FMCSA solicited comments concerning the NPRM for 30 days ending 
March 21, 2024. By that date, two comments were received. AAMVA 
requested both substantive and technical edits be applied in the final 
rule, which are discussed in detail. The second comment was submitted 
by an individual who raised issues involving car accidents.
    Comment: AAMVA offered a citation correction in the discussion 
section (Section VI) to include a reference to the SPEXS System 
Specifications B.0.1, instead of the CDLIS Systems Specifications 
(version c.0). This edit provides clarity on the most recent provision 
of supporting documentation available to the CDLIS system.
    FMCSA Response: FMCSA accepts AAMVA's edit in part and has modified 
the discussion section to incorporate the reference to the SPEXS System 
Specifications B.0.0. A SPEXS System Specifications B.0.1 has not been 
released and therefore, FMCSA is unable to include it as a reference.
    Comment: The second change AAMVA requested is to add a clarifying 
edit to update number four in the proposed rule, which discusses CD41 
transactions that enable the State of inquiry (SOI) to request a 
driver's status from the Clearinghouse. The proposed clarifying edit 
will specify that the driver status may also be reciprocally changed by 
the driver's successful completion of the return to duty (RTD) process.
    FMCSA Response: In version c.0 of the CDLIS SPM, the CD41 
transaction is described as a code that enables the SOI to request a 
driver's current status from the Clearinghouse. As described in the 
manual, completing the RTD process does not trigger a change in the 
driver's status, and therefore, does not factor into the CD41 
transaction. While FMCSA appreciates AAMVA's clarifying note, this edit 
is outside the scope of the process described in version c.0 of the 
CDLIS SPM. Therefore, FMCSA declines to make modifications to the 
fourth update described in the NPRM.
    Comment: AAMVA pointed to the use of the ``S2S'' acronym in the 
NPRM, stating the term is specifically used to reference an application 
in the CDLIS system. AAMVA implied its use would cause confusion with 
other CDLIS application systems, and they provided examples of where 
the S2S acronym is used in the document.
    FMCSA Response: FMCSA adopted the ``S2S'' acronym for ``State-to-
State'' to describe in detail processes that involve State-to-State 
interactions. The use of this acronym should not be confused with the 
CDLIS application system referencing the S2S (or State-to-State) 
System.\4\ For purposes of this final rule, S2S, or State-to-State, is 
used as a reference to electronic transactions that occur between one 
State and another. To add clarity to the updates described in the NPRM 
and avoid confusion, FMCSA has included a clarifying footnote 
addressing the use of the S2S acronym under the ``Abbreviations'' 
section of this final rule. FMCSA will also consider use of the full 
term in future rulemakings if the Agency finds that its use may cause 
confusion for readers.
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    \4\ The CDLIS application system AAMVA refers to allows State-
to-State (S2S) participants to electronically communicate with one 
another to check if an individual holds a CDL or CLP in another 
State.
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    Comment: AAMVA identified item number five, which discusses the 
bullet item in the section titled ``Procedures for Issuing a CDL or 
CLP,'' and stated that item is not an addition and has existed in 
version 5.3.2.1 of the SPM.
    FMCSA Response: FMCSA agrees that the language used to describe the 
processes for issuing a CDL or CLP is not an addition to version c.0 of 
the SPM, as it is present under section 7.1 titled ``Rules of 
Issuance'' in release 5.3.2.1 of the SPM. Nonetheless, the bullet item 
titled ``Issuing a duplicate CLP/CDL'' is recorded as an additional 
item in version c.0 of the CDLIS SPM Change Control Document. 
Furthermore, the bullet item titled ``Issuing a Duplicate CLP/CDL'' is 
not listed under section 7 titled ``Procedures for Issuing a CDL'' in 
release 5.3.2.1 of the SPM, which lists the following items: issuing, 
renewing, upgrading, or transferring a CDL. In version c.0 of the SPM, 
the item titled ``Issuing a duplicate CLP/CDL'' is added to the list 
under section 7 titled ``Procedures for Issuing a CLP or CDL.'' FMCSA 
appreciates AAMVA's note on this update to enhance clarity but does not 
modify the language describing the procedures for issuing a duplicate 
CDL or CLP in this final rule.
    Comment: An individual commenter opposed exchanging foreign 
driver's licenses for U.S. driver's licenses, citing two fatal road 
accidents.
    FMCSA Response: FMCSA appreciates the commenter's concerns about 
this topic. Because these issues are out of the scope of this 
incorporation by reference of version c.0 of the CDLIS SPM, the Agency 
declines to make modifications to the final rule based on this comment.

VII. Changes From the NPRM

    FMCSA finalizes the incorporation by reference of the most recent 
edition of AAMVA's version c.0 of the CDLIS SPM without changes to the 
updates described in the NPRM. Per AAMVA's request, FMCSA has included 
two clarifying edits in this final rule. The first edit, which FMCSA 
adopted in part, is a correction of the citation included in Section 
III (Abbreviations) to include the SPEX System Specifications B.0.0, 
instead of version c.0 f the CDLIS SPM. The second edit is the addition 
of a footnote attached to the ``S2S'' acronym in sub-section A 
(Proposed Rulemaking) under Section VI (Discussion of Proposed 
Rulemaking

[[Page 50239]]

and Comments). This addition aims to clarify that the term ``S2S'' is 
strictly used for the purposes of this final rule to reference State-
to-State processes, and not the CDLIS system application.

VIII. Section-by-Section Analysis

Part 384

    Section 384.107. The Agency will revise paragraph (b) to 
incorporate by reference version c.0 of the CDLIS SPM.
    Section 384.301. The Agency will add, as a conforming amendment, a 
new paragraph (p) specifying that the State must comply with the 
requirements of this rule by August 22, 2024.

IX. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O. 
13563 (Improving Regulation and Regulatory Review), E.O. 14094 
(Modernizing 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 E.O. 14094 (88 FR 21879, Apr. 11, 2023) Modernizing 
Regulatory Review. The Office of Information and Regulatory Affairs 
within the Office of Management and Budget (OMB) determined that this 
final rulemaking is not a significant regulatory action under section 
3(f) of E.O. 12866, as supplemented by E.O. 13563 and amended by E.O. 
14094 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 that E.O.
    This rule will update the reference at Sec.  384.107 to the CDLIS 
State Procedures Manual, version c.0 manual. Specifically, it includes 
changes introduced to the FMCSRs as a result of the EEE and DACH II 
final rules. The rule solely defines processes and procedures which 
ensure that other regulations are uniformly implemented and imposes no 
new regulatory requirements. The rule will impose no new costs, and any 
benefits that will result from it are expected to be de minimis.

B. Congressional Review Act

    This rule is not a major rule as defined under the Congressional 
Review Act (5 U.S.C. 801-808).\5\
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    \5\ A major rule means any rule that the 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, 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 (5 U.S.C. 802(4)).
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C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended 
by the Small Business Regulatory Enforcement Fairness Act of 1996,\6\ 
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. The term small entities comprises small 
businesses and not-for-profit organizations that are independently 
owned and operated and are not dominant in their fields, and 
governmental jurisdictions with populations of less than 50,000 (5 
U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the 
impact of all regulations on small entities, and mandates that agencies 
strive to lessen any adverse effects on these businesses.
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    \6\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
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    When an Agency issues a proposed rule, the RFA requires the Agency 
to ``prepare an initial regulatory flexibility analysis'' that will 
describe the impact of the proposed rule on small entities (5 U.S.C. 
604(a)). Section 605 of the RFA allows an agency to certify a rule, 
instead of preparing an analysis, if the rule is not expected to have a 
significant impact on a substantial number of small entities. This rule 
incorporates by reference the September 2023 edition of the AAMVA CDLIS 
SPM (version c.0). The changes to the 2023 edition of the AAMVA CDLIS 
SPM (version c.0) from the 2013 edition are intended to ensure clarity 
in the presentation of the SDLA conditions and are generally editorial 
or ministerial. As noted above, FMCSA does not expect the changes made 
in the September 2023 edition of the AAMVA CDLIS SPM (version c.0) to 
impose new costs or to result in quantifiable benefits, as it imposes 
no new regulatory requirements. The editorial and ministerial changes 
that result from this rule will apply to SDLA processes and procedures; 
SDLAs are not small entities. Consequently, I certify that this rule 
will not have a significant economic impact on a substantial number of 
small entities.

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), 
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 this 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.
    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 (Office of the National 
Ombudsman, see https://www.sba.gov/about-sba/oversight-advocacy/office-national-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) 
(UMRA) requires Federal agencies to assess the effects of their 
discretionary regulatory actions. 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 $192 million (which is the 
value equivalent of $100 million in 1995, adjusted for inflation to 
2022 levels) or more in any 1 year. This final rule will not result in 
such an expenditure, and the analytical requirements of UMRA do not 
apply as a result.

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).

G. E.O. 13132 (Federalism)

    A rule has implications for federalism under section 1(a) of E.O. 
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.''
    FMCSA has determined that this rule will not have substantial 
direct costs on or for States, nor will it limit the policymaking 
discretion of States.

[[Page 50240]]

Nothing in this document preempts any State law or regulation. 
Therefore, this rule does not have sufficient federalism implications 
to warrant the preparation of a Federalism Impact Statement.

H. Privacy

    The Consolidated Appropriations Act, 2005,\14\ requires the Agency 
to assess the privacy impact of a regulation that will affect the 
privacy of individuals. This rule will not require the collection of 
personally identifiable information (PII). The supporting Privacy 
Impact Analysis (PIA), available for review in the docket, gives a full 
and complete explanation of FMCSA practices for protecting PII in 
general and specifically in relation to this final rule.
    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,\15\ requires Federal agencies to 
conduct a PIA for new or substantially changed technology that 
collects, maintains, or disseminates information in an identifiable 
form. No new or substantially changed technology will collect, 
maintain, or disseminate information as a result of this rule. 
Accordingly, FMCSA has not conducted a PIA.
    In addition, the Agency submitted a Privacy Threshold Assessment 
(PTA) to evaluate the risks and effects the proposed rulemaking might 
have on collecting, storing, and sharing personally identifiable 
information. The PTA was adjudicated by DOT's Chief Privacy Officer on 
January 10, 2024.

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 Environmental 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), Appendix 2, paragraphs 6(s) and 6(t). The 
Categorical Exclusions (CEs) in paragraphs 6(s) and (t) cover 
regulations regarding the CDL and related activities to assure CDL 
information is exchanged between States. The requirements in this rule 
are covered by these CEs.

List of Subjects in 49 CFR Part 384

    Administrative practice and procedure, Alcohol abuse, Drug Abuse, 
Highway safety, Incorporation by reference, and Motor carriers.

    In consideration of the foregoing, FMCSA amends part 384 of title 
49, CFR 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. 1748, 1753, 1767; sec. 32934 
of Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524 of Pub. L. 114-94, 
129 Stat. 1312, 1560; and 49 CFR 1.87.


0
2. Revise Sec.  384.107 to read as follows:


Sec.  384.107   Matter incorporated by reference.

    (a) Incorporation by reference. Certain material is incorporated by 
reference into this part with the approval of the Director of the 
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved 
incorporation by reference (IBR) material is available for inspection 
at FMCSA and at the National Archives and Records Administration 
(NARA). Contact FMCSA at the Department of Transportation Library, 1200 
New Jersey Ave. SE, Washington, DC 20590-0001; phone: (202) 366-0746; 
website: https://transportation.libanswers.com. For information on the 
availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. The 
material may be obtained from the sources in the following paragraph of 
this section.
    (b) The American Association of Motor Vehicle Administrators 
(AAMVA), 4401 Wilson Boulevard, Suite 700, Arlington, VA 22203, (703) 
522-1300, www.aamva.org.
    (1) CDLIS State Procedures Manual c.0, SPEXS--State Pointer 
Exchange Services: CDLIS State Procedures Manual, Document Version c.0, 
released September 11, 2023; approved for Sec. Sec.  384.225(f) and 
384.231(d).
    (2) [Reserved]

0
3. Amend Sec.  384.301 by adding a new paragraph (p) to read as 
follows:


Sec.  384.301   Substantial compliance--general requirements.

* * * * *
    (p) A State must come into substantial compliance with the 
requirements of subpart B of this part, which is effective as of July 
15, 2024, as soon as practicable, but not later than August 22, 2024.

    Issued under authority delegated in 49 CFR 1.87.
Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-12882 Filed 6-12-24; 8:45 am]
BILLING CODE 4910-EX-P