State Compliance With Commercial Driver's License Program

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 384

[FHWA Docket No. MC-93-9]

RIN 2125-AD70

State Compliance With Commercial Driver's License Program

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final Rule, Technical Amendment.

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SUMMARY: The FHWA is changing the applicability date of 49 CFR

384.231(b)(2) from October 1, 1995, to May 18, 1997, in order to allow

the States additional time to solve the problem of disqualifying

commercial motor vehicle (CMV) operators convicted of a disqualifying

offense or offenses who do not possess a commercial driver's license

(CDL) and for whom the State cannot identify a social security number

(SSN).

EFFECTIVE DATE: November 16, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald Finn, Driver Division,

Office of Motor Carrier Research and Standards (202) 366-0647, or Ms.

Grace Reidy, Motor Carrier Law Division, Office of the Chief Counsel,

(202) 366-0834, Federal Highway Administration, 400 Seventh Street,

SW., Washington, D.C. 20590. Office hours are from 7:45 a.m. to 4:15

p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

In 1986, Congress enacted the Commercial Motor Vehicle Safety Act

(Pub. L. 99-570, 100 Stat. 3207-170, as amended; 49 U.S.C. 31302 et

seq.) (the Act) to improve the safety of CMV drivers throughout the

Nation. The goals of the Act are:

(1) Prevent CMV drivers from concealing unsafe driving records by

carrying licenses from more than one State,

(2) Ensure that all CMV drivers demonstrate the minimum levels of

knowledge and skills needed to safely operate CMVs before being

licensed, and

(3) Subject CMV drivers to new, uniform sanctions for certain

unsafe driving practices.

To accomplish these goals, Congress assigned responsibilities and

deadlines to CMV drivers, employers, States, and the Secretary of

Transportation. All responsibilities of the Secretary of Transportation

in the Act were delegated to the FHWA. The responsibilities imposed on

the States were enumerated in section 12009(a) of the Act (49 U.S.C.

31311). An additional requirement, bringing the number to 17, was later

added to 49 U.S.C. 31311 by the Intermodal Surface Transportation

Efficiency Act of 1991 (Pub. L. 102-240, 105 Stat. 1914).

A notice of proposed rulemaking (NPRM) was published in the Federal

Register (58 FR 34344) on June 24, 1993. It proposes standards which

States would have to meet in order to be in compliance with the Act and

avoid the loss of Federal-aid highway funds. This NPRM proposes

amending title 49 of the Code of Federal Regulations to include a whole

new part 384 in which to delineate all the compliance requirements

imposed on the States by the Act. This part would also specify the

State procedures for determining whether a State was in compliance with

the Act.

A final rule reiterating these standards and procedures with some

minor adaptations and clarifications was published in the Federal

Register (59 FR 26029) on May 18, 1994. As a result of this rulemaking,

the States are required by 49 CFR 384.231 (b) and (c) to disqualify

expeditiously a person convicted of the offenses enumerated in 49 CFR

383.51(b)(2) (i) through(v). In addition, the State must make a record

of the disqualification and provide certain specific personal

identifier information on the convicted individual to the Commercial

Driver's License Information System (CDLIS) (49 CFR 384.231(d)).

Petition: Mr. John Strandquist, President and Chief Executive

Officer of the American Association of Motor Vehicle Administrators

(AAMVA), filed a petition on August 23, 1995, asking that the effective

date for 49 CFR 384.231(b)(2), regarding disqualification of non-CDL

holders, be changed from October 1, 1995, to September 1, 1996. Mr.

Strandquist explained that the CDLIS computer record specifications

require that the State include the operator's SSN as part of the master

pointer record. However, the current requirements in 49 CFR part 383 do

not

[[Page 57544]]

require a non-CDL holder, operating a CMV, to provide his or her SSN to

the State. Mr. Strandquist further pointed out that some consistent and

universally agreed upon solution to address the problem of

disqualifying CMV operators without a CDL, for whom the State cannot

identify a SSN, must be developed by the States. In addition, the

States would have to demonstrate that they could successfully operate

using the yet to be developed solution. He estimated that it will take

at least until September 1, 1996, for all the States to accomplish any

solution that might be proposed.

Response: The requirements in 49 CFR part 384 are primarily

directed toward State driver licensing administrators and other State

officials with responsibility to develop, administer, and enforce the

CDL program. The FHWA agrees with AAMVA that the States will not be

able to comply with the provisions of 49 CFR 384.231(b)(2) by October

1, 1995. Consequently, the deadline will be extended to May 18, 1997.

Traditionally the FHWA has given parties subject to motor carrier

regulations at least 3 years in order to comply with new requirements,

but the regulations at issue in this case were published on May 18,

1994, and the effective date specified for compliance with 49 CFR

384.321(b)(2) regarding disqualification of non-CDL holders was set as

October 1, 1995. By pushing the deadline for compliance back to May 18,

1997, the FHWA is merely providing State officials, to whom 49 CFR Part

384 is principally directed, the customary three years in which to

comply. For these reasons and since this rule imposes no additional

burdens on the States, the FHWA finds good cause to make this

regulation final without prior notice and opportunity for comments and

without the 30-day delay in effective date under the Administrative

Procedure Act.

Rulemaking Analyses and Notices

The FHWA believes that prior notice and opportunity for comment are

unnecessary under 5 U.S.C. 553(b)(3)(B). In addition, this final rule

is effective upon publication because the FHWA finds that good cause

exists for dispensing with the 30-day delay in effective date

ordinarily required under 5 U.S.C. 553(d). The FHWA is not exercising

discretion in a way that could be meaningfully affected by public

comment. With this rulemaking, the FHWA is merely extending the

deadline for compliance by the States with the requirements of 49 CFR

384.231(b)(2). Rather than imposing any additional burden on the

States, this rule would actually lessen the burden of complying with

these CDL requirements. The FHWA has concluded that it is necessary to

provide additional time for States to implement the requirement that

certain CMV drivers be disqualified from driving in light of the

current lack of a consistent and mutually agreed upon method for

recording drivers' SSNs.

Executive Order 12866 (Federal Regulation) and DOT Regulatory Policies

and Procedures

The FHWA has determined that this action is not a significant

regulatory action under Executive Order 12866, or significant within

the meaning of Department of Transportation regulatory policies and

procedures. This regulatory action is not likely to have an annual

effect on the economy of $100 million or more. In addition, it is not

expected to cause an adverse effect on any sector of the economy

because this rule will actually lessen the burden imposed by the

regulation being amended. No serious inconsistency or interference with

another agency's actions or plans will result because this rulemaking

deals exclusively with the FHWA's CDL program. Although the rights and

obligations of recipients of Federal grants will be affected because

compliance with the regulation at issue is a condition for the States

receiving Federal-aid highway funds, the rights of the States will not

be materially affected. This rulemaking actually makes it easier for

them to qualify for these funds. In light of this analysis, the FHWA

finds that a full regulatory evaluation is not required.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,

5 U.S.C. 601- 612), the agency has evaluated the effects of this

rulemaking on small entities. This rulemaking changes the date by which

the States must comply with a regulation regarding the States'

disqualification of CMV drivers who do not possess a CDL. CMV operators

who do not hold CDLs are not currently required to disclose their SSNs

to the States; however, the regulation at issue in this rulemaking

requires that the States record disqualifications of non-CDL holding

CMV drivers on the CDLIS. This obligates the States to include the CMV

driver's SSN. The deadline extension created by the rule at hand was

intended to provide the States with time to develop a mutually agreed

upon solution to this inconsistency. Thus, this rulemaking will have an

impact on the States; however, it is unlikely that this impact will be

significant in any way. Furthermore, States are not included within the

definition of ``small entity'' set forth in 5 U.S.C. 601. Accordingly,

the FHWA certifies that the action contained in this document will not

have a significant economic impact on a substantial number of small

entities.

Executive Order 12612 (Federalism Assessment)

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that the proposed rulemaking does not have sufficient federalism

implications to warrant the preparation of a federalism assessment.

This rule will merely delay the deadline for State compliance with an

existing Federal regulation. It will not preempt any State law or State

regulation and no additional costs or burdens will be imposed on the

States. In fact, a regulatory burden will be lessened as a result of

this rulemaking. In addition, this rule will not have a significant

effect on the States' ability to discharge traditional State

governmental functions even though the pre-existing regulation which

this rule amends does deal with driver qualification. Driver

qualification is an area over which the States have traditionally

exercised their sovereign power. The rule at issue in the rulemaking at

hand merely extends the deadline by which the States must comply with

this pre-existing regulation of CMV driver qualification. Thus, an

analysis of the Federalism issue raised by Federal regulation of CMV

driver qualification, is not required for the purposes of this

rulemaking. In any case, the Federal government's assertion of control

over CMV driver qualification represents a justifiable response to the

fact that CMV safety is a matter of national concern.

Executive Order 12372 (Intergovernmental Review)

Catalog of Federal Domestic Assistance Program Number 20.217, Motor

Carrier Safety. The regulations implementing Executive Order 12372

regarding intergovernmental consultation on Federal programs and

activities apply to this program.

Paperwork Reduction Act

This action does not contain a collection of information

requirement for purposes of the Paperwork Reduction Act of 1980, 44

U.S.C. 3501 et seq.

[[Page 57545]]

National Environmental Policy Act

The agency has analyzed this rulemaking for the purpose of the

National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and

has determined that this action would not have any effect on the

quality of the environment.

Regulatory Identification Number

A regulatory identification number (RIN) is assigned to each

regulatory action listed in the Unified Agenda of Federal Regulations.

The Regulatory Information Service Center publishes the Unified Agenda

in April and October of each year. The RIN contained in the heading of

this document can be used to cross reference this action with the

Unified Agenda.

List of Subjects in 49 CFR Part 384

Commercial driver's license documents, Commercial motor vehicles,

Driver qualification, Highways and roads, Motor carriers licensing and

testing procedures, and Motor vehicle safety.

Issued on: November 6, 1995.

Rodney E. Slater,

Federal Highway Administrator.

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

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

follows:

Authority: 49 U.S.C. 31136, 49 U.S.C. 31301 et seq., 31502; 49

CFR 1.48.

2. In 384.231, paragraph (b)(2) is revised to read as follows:

Sec. 384.231 Satisfaction of State disqualification requirements.

* * * * *

(b) * * *

(2) Non-CDL holders applies on and after May 18, 1997. A State

shall satisfy the requirement of this subpart that the State disqualify

a non-CDL holder who is convicted of an offense or offenses

necessitating disqualification under Sec. 383.51 by, at a minimum,

implementing the limitation on licensing provisions of Sec. 384.210 and

the timing and recordkeeping requirements of paragraphs (c) and (d) of

this section so as to prevent such non-CDL holder from legally

obtaining a CDL from any State during the applicable disqualification

period(s) specified in this subpart.

* * * * *

[FR Doc. 95-28227 Filed 11-15-95; 8:45 am]

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