Procedures for Transition to New National Driver Register

SUMMARY: This notice proposes to remove the agency's regulation on

procedures for transition to the new National Driver Register (NDR). It

also proposes to amend portions of the agency's regulation on

participating in the NDR Problem Driver Pointer System (PDPS). These

portions pertain to the steps that States were to follow to notify the

NDR of their interest in participating in the NDR under PDPS. All

States have already notified the NDR of their interest in participating

in the NDR under PDPS, and it is expected that the transition from the

old NDR to the new PDPS will be completed no later than November 4,

1996. These provisions will be obsolete at that time. Consistent with

President Clinton's regulatory reform initiative, NHTSA proposes to

remove these provisions when the transition to the new NDR has been

completed.

DATES: Comments must be received by June 3, 1996.

ADDRESSES: Written comments should refer to the docket number and the

number of this notice and be submitted to (preferably in ten copies) to

the Docket Section, National Highway Traffic Safety Administration,

Room 5109, 400 Seventh Street, S.W., Washington, D.C. 20590. (Docket

hours are from 9:30 a.m. to 4 p.m.)

FOR FURTHER INFORMATION CONTACT: Mr. William Holden, Chief, National

Driver Register (NTS-24), 400 Seventh Street, S.W., Washington, D.C.

20590; telephone (202) 366-4800 or Ms. Heidi L. Coleman, Assistant

Chief Counsel for General Law (NCC-30), 400 Seventh Street, S.W.,

Washington, D.C. 20590; telephone (202) 366-1834.

SUPPLEMENTARY INFORMATION: The National Driver Register (NDR) functions

as a central, computerized index of State reports on drivers whose

driving privileges have been denied, cancelled, suspended or revoked,

for cause, or who have been convicted of certain serious traffic

violations. It was designed to address the problem that arises when

traffic law violators, after losing their license in one State, attempt

to obtain a license in another State.

States participate by sending records of covered licensing actions

and convictions to the NDR, and by querying the NDR before they issue

licenses to applicants. In this way, States can avoid issuing licenses

to persons whose driving records contain violations or licensing

actions that should keep them off the road.

Originally established by law in 1960 (Pub.L. 86-660), the NDR was

made a part of the Highway Safety Act of 1966 (Pub.L. 89-564) and has

been operated since that time by the National Highway Traffic Safety

Administration (NHTSA).

The NDR Act of 1982 (Pub.L. 97-364) called for the establishment of

an improved NDR. The new NDR system (the Problem Driver Pointer System,

or PDPS) differs from the old NDR system in that it no longer maintains

full substantive records on adverse actions taken against problem

drivers. Instead, it maintains only identification data on problem

drivers and ``points'' to the State of record where the substantive

adverse action data can be obtained. In addition, the new PDPS is fully

automated and enables State driver licensing officials to determine

virtually instantly whether another State has taken an adverse action

or convicted a driver license applicant of a serious traffic offense.

Part 1325--Transition Procedures

On July 11, 1985 (50 FR 28191), NHTSA established a regulation on

the Procedures for the Transition from the Old to the New NDR System

(23 CFR Part 1325). The regulation established procedures for the

orderly transition from the NDR system established in Pub.L. 86-660 as

amended, to the NDR system established in Pub.L. 97-364. The regulation

provided that its purpose was to ensure that participating States

understood their rights and obligations during the transition period,

which was to last until such time as all States that are participating

in the NDR are doing so under the PDPS.

Part 1327--Procedures for Participating

On August 20, 1991 (56 FR 41394), NHTSA established a regulation on

the Procedures for Participating in and Receiving Data from the NDR

PDPS (23 CFR Part 1327). The regulation established procedures for

States to participate in the NDR PDPS, and for other authorized parties

to receive information from the NDR. It also established procedures for

States to notify NHTSA of their intention to be bound by the

requirements of the PDPS NDR system and for States to notify NHTSA in

the event it becomes necessary to withdraw from participation.

The procedures provide that only States that have been certified as

``participating States'' may participate in the NDR after the

transition period ends (no later than April 30, 1995). They provide,

however, that States that have not been certified as ``participating

States'' by April 30, 1995, that wish to continue participating in the

NDR, may request an extension of time.

Current Status on Notification and NDR Participation

In accordance with Part 1327, all 50 States and the District of

Columbia have notified NHTSA of their intention to be bound by the

requirements of the PDPS NDR system.

As of the date of the publication of this notice of proposed

rulemaking, 38 States have completed their transition to PDPS. The

remaining States have requested and been granted extensions of time. It

is expected that all States will have converted their NDR operations

from the old system to the new system no later than November 4, 1996.

At that time, the transition from the old NDR system to the new NDR

PDPS will be complete. Part 1325 of 23 CFR will then no longer be

necessary and section 1327.4 of 23 CFR will require modification. NHTSA

proposes to make these changes.

[[Page 16730]]

Regulatory Analyses and Notices

Executive Order 12778 (Civil Justice Reform)

This proposed rule would not have any preemptive or retroactive

effect. It imposes no requirements on the States, but rather simply

proposes to revise and eliminate outdated or burdensome provisions in

the agency's regulations. The enabling legislation does not establish a

procedure for judicial review of final rules promulgated under its

provisions. There is no requirement that individuals submit a petition

for reconsideration or other administrative proceedings before they may

file suit in court.

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

The agency has determined that this proposed action is not a

significant regulatory action within the meaning of Executive Order

12866 or significant within the meaning of Department of Transportation

Regulatory Policies and Procedures. This proposed rule would not impose

any additional burden on the public. It is technical in nature and

would not change the requirements of the program. It is anticipated

that there would be no economic impact as a result of this rulemaking.

Accordingly, 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), NHTSA has evaluated the effects of this proposed

action on small entities. Based on the evaluation, the agency certifies

that this proposed action would not have a significant impact on a

substantial number of small entities. Accordingly, the preparation of a

Regulatory Flexibility Analysis is unnecessary.

Paperwork Reduction Act

This proposed action does not contain a collection of information

requirement for purposes of the Paperwork Reduction Act of 1995, 44

U.S.C. 3501 et seq.

National Environmental Policy Act

The agency has analyzed this proposed action for the purpose of the

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

has determined that it would not have any significant impact on the

quality of the human environment.

Executive Order 12612 (Federalism Assessment)

This proposed action has been analyzed in accordance with the

principles and criteria contained in Executive Order 12612, and it has

been determined that this proposed action does not have sufficient

federalism implications to warrant the preparation of a federalism

assessment. Accordingly, the preparation of a Federalism Assessment is

not warranted.

Comments to the Docket

NHTSA is providing a 45-day comment period for interested parties

to present data, views, and arguments on the proposed action. The

agency invites comments on the issues raised in this notice and any

other issues commenters believe are relevant to this action. All

comments must not exceed 15 pages in length (49 CFR 553.21). This

limitation is intended to encourage commenters to detail their primary

arguments in a concise fashion. Necessary attachments may be appended

to these submissions without regard to the 15-page limit.

All comments received before the close of business on the comment

closing date indicated above for the proposal will be considered and

will be available for examination in the docket at the above address

both before and after that date. To the extent possible, comments filed

after the closing date will also be considered. Comments received too

late for consideration in regard to the final rule, if one is issued,

will be considered as suggestions for further rulemaking action. The

agency will continue to file relevant information in the docket as it

becomes available after the closing date and it is recommended that

interested persons continue to examine the docket for new material.

Those persons desiring to be notified of receipt of their comments

by the docket should enclose a self-addressed, stamped postcard in the

envelope with their comments. Upon receipt of the comments, the docket

supervisor will return the postcard by mail.

List of Subjects

23 CFR Part 1325

Highway safety, Intergovernmental relations.

23 CFR Part 1237

Highway safety, Intergovernmental relations, Reporting and

recordkeeping requirements.

Under the authority of 49 CFR Part 1.50, the Administrator of the

National Highway Traffic Safety Administration proposes to amend title

23 of the Code of Federal Regulations, chapter III, as follows:

PART 1325--[REMOVED]

Part 1325 is removed.

PART 1327--PROCEDURES FOR PARTICIPATING IN AND RECEIVING

INFORMATION FROM THE NATIONAL DRIVER REGISTER PROBLEM DRIVER

POINTER SYSTEM

1. The authority citation for part 1327 continues to read as

follows:

Authority: Pub.L. 97-364, 96 Stat. 1740, as amended (49 U.S.C.

30301, et seq.); delegation of authority at 49 CFR 1.50.

2. Section 1327.4 is revised to read as follows:

Sec. 1327.4 Certification, termination and reinstatement procedures.

(a) Certification requirement. Only States that have been certified

by NHTSA as participating States under PDPS may participate in the NDR.

NHTSA will remove all records on file and will not accept any inquiries

or reports from a State that has not been certified as a participating

State.

(b) Termination or cancellation. (1) If a State finds it necessary

to discontinue participation, the chief driver licensing official of

the participating State shall notify NHTSA in writing, providing the

reason for terminating its participation.

(2) The effective date of termination will be no less than 30 days

after notification of termination.

(3) NHTSA will notify any participating State that changes its

operations such that it no longer meets statutory and regulatory

requirements, that its certification to participate in the NDR will be

withdrawn if it does not come back into compliance within 30 days from

the date of notification.

(4) If a participating State does not come back into compliance

with statutory and regulatory requirements within the 30-day period,

NHTSA will send a letter to the chief driver licensing official

cancelling its certification to participate in the NDR.

(5) NHTSA will remove all records on file and will not accept any

inquiries or reports from a State whose participation in the NDR has

been terminated or cancelled.

(6) To be reinstated as a participating State after being

terminated or cancelled, the chief driver licensing official shall

follow the notification procedures in subparagraphs (c) (1) and (3) of

this section and must be re-certified by NHTSA as a participating State

under PDPS, upon a determination by NHTSA that the State complies with

the statutory and regulatory

[[Page 16731]]

requirements for participation, in accordance with paragraphs (c) (2)

and (4) of this section.

(c) Reinstatement. (1) The chief driver licensing official of a

State that wishes to be reinstated as a participating State in the NDR

under the PDPS, shall send a letter to NHTSA certifying that the State

wishes to be reinstated as a participating State and that it intends to

be bound by the requirements of section 205 of the NDR Act of 1982 and

Sec. 1327.5 of this part. It shall also describe the changes necessary

to meet the statutory and regulatory requirements of PDPS.

(2) Within 20 days after receipt of the State's notification, NHTSA

will acknowledge receipt of the State's certification to be reinstated.

(3) The chief driver licensing official of a State that has

notified NHTSA of its intention to be reinstated as a participating

State will, at such time as it has completed all changes necessary to

meet the statutory and regulatory requirements of PDPS, certify this

fact to the agency.

(4) Upon receipt, review and approval of certification from the

State, NHTSA will recertify the State as a participating State under

PDPS.

Issued on: April 10, 1996.

Ricardo Martinez,

Administrator, National Highway Traffic Safety Administration.

[FR Doc. 96-9368 Filed 4-16-96; 8:45 am]

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