|
|---|
|
Commercial Driver's License (CDL) Standards; Incorporation by Reference of a New State Procedures Manual (SPM) Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Sue Lawless Date: 13 June 2024 Subjects: American Government  , Safety
Topic: American Association of Motor Vehicle Administrators |
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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, cdlcompliance@dot.gov. 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\3\ The 2008 agreement was amended in 2013, however, the
amendments did not relate to the CDLIS modernization efforts.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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)).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\6\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
---------------------------------------------------------------------------
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 fr.inspection@nara.gov. 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