Procedures for Participating in and Receiving Data From the National Driver Register Problem Driver Point System

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

23 CFR Part 1327

[Docket No. NHTSA-97-3155]

RIN 2127-AG21

Procedures for Participating in and Receiving Data From the

National Driver Register Problem Driver Point System

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Interim final rule; request for comments.

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SUMMARY: This interim final rule amends the agency's National Driver

Register (NDR) regulations to implement a recent amendment to the

National Driver Register Act of 1982, as amended. The amendment

authorizes the Commandant of the Coast Guard to request and receive

information from the National Driver Register (NDR) regarding the motor

vehicle driving records of any officer, chief warrant officer, or

enlisted member of the Coast Guard or Coast Guard Reserve (including a

cadet or an applicant for appointment or enlistment of any of the

foregoing, and any member of a uniformed service who is assigned to the

Coast Guard). This interim final rule establishes the procedures for

such individuals to request, and for the Commandant to receive, NDR

information.

DATES: This interim final rule becomes effective on December 2, 1997.

Comments on this interim final rule are due no later than February 2,

1998.

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

submitted (preferably in ten copies) to: Department of Transportation--

Dockets, Room PL-401, Nassif Building, 400 Seventh Street, S.W.,

Washington, DC 20590. (Docket hours are from 10:00 a.m. to 5:00 p.m.)

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

Records and Driver Register Division, NTS-32. National Highway Traffic

Safety Administration, 400 Seventh Street, S.W., Washington, DC 20590;

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

Counsel for General Law, NCC-30, National Highway Traffic Safety

Administration, 400 Seventh Street, S.W., Washington, DC 20590;

telephone (202) 366-1834.

SUPPLEMENTARY INFORMATION: The National Driver Register (NDR) is a

central file of information on individuals whose licenses to operate a

motor vehicle have been denied, revoked, suspended, or canceled, for

cause, or who have been convicted of certain serious traffic-related

violations, such as racing on the highways or driving while impaired by

alcohol or other drugs.

As provided in the NDR Act of 1982, as amended, 49 U.S.C. 30301, et

seq., State chief driver licensing officials are authorized to request

and receive information from the NDR for driver licensing and driver

improvement purposes. When an individual applies for a driver's

license, for example, these State officials are authorized to request

and receive NDR information to determine whether the applicant's

driver's license has been withdrawn for cause in any other State.

Because the NDR is a nationwide index, chief driver licensing officials

need to submit only a single inquiry to obtain this information.

State chief driver licensing officials also are authorized under

the Act to request NDR information on behalf of other authorized NDR

users for transportation safety purposes. The NDR Act authorizes the

following entities to receive NDR information for limited

transportation purposes: the National Transportation Safety Board and

the Federal Highway Administration for accident investigation purposes;

employers and prospective employers of motor vehicle operators; the

Federal Aviation Administration (FAA) regarding any individual who

holds or has applied for an airman's certificate; air carriers

regarding individuals who are seeking employment with the air carrier;

the Federal Railroad Administration (FRA) and employers or prospective

employers of locomotive operators; and the U.S. Coast Guard regarding

any individual who holds or who has applied for a license, certificate

of registry, or a merchant mariner's document. The Act also provides

that individuals can learn whether information about themselves is on

the NDR file and can receive any such information.

On October 19, 1996, Pub. L. 104-324 was enacted into law. Section

207 of that Act contained an amendment to the NDR Act of 1982, as

amended (49 U.S.C. 30305), authorizing the Commandant of the Coast

Guard to request and receive NDR information regarding any officer,

chief warrant officer, or enlisted member of the Coast Guard or Coast

Guard Reserve (including a cadet or an applicant for appointment or

enlistment of any of the foregoing, and any member of a uniformed

service who is assigned to the Coast Guard).

Procedures for Requesting and Receiving NDR Information

The procedures that the Commandant of the Coast Guard would use to

receive NDR information on these Coast Guard members would be the same

as those used by the U.S. Coast Guard to receive information regarding

individuals who hold or who have applied for a license, certificate of

registry, or a merchant mariner's document.

The Commandant of the Coast Guard may not initiate a request for

NDR information. Rather, the individual member or applicant must do so.

To initiate a request, the individual must either complete, sign and

submit a request for an NDR file search, or

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authorize the Commandant of the Coast Guard to request the NDR file

search by completing and signing a written consent. The request or

written consent must state that NDR records are being requested; state

specifically who is authorized to receive the records; be dated and

signed by the individual (the member or applicant); and specifically

state that the authorization is valid for only one search of the NDR.

It must also specifically state that the NDR identifies ``probable''

matches that require further inquiry for verification, that it is

recommended (but not required) that the Commandant of the Coast Guard

verify matches with the state of record, and state that individuals

have the right to request NDR records regarding themselves to verify

the accuracy of any information on the file pertaining to them.

The Commandant of the Coast Guard may receive such information and

shall make the information available to the individual. The Commandant

will not receive any information that was entered in the Register more

than three years before the date of the request, unless the information

relates to a revocation or suspension still in effect on the date of

the request.

In accordance with Pub. L. 104-324, requests to transmit NDR

information to the Commandant are to be submitted through a State chief

driver licensing official. Such requests may be submitted through the

chief driver licensing official of any state that participates in the

NDR's Problem Driver Pointer System (PDPS). Currently, all 50 States

participate in the NDR PDPS, and the District of Columbia is in the

process of connecting to the PDPS system.

The NDR response would be sent to the chief driver licensing

official who will provide it to the Commandant and will indicate

whether a match (probable identification) was found and, if so, the

response will identify the State in which the full substantive record

can be found (the State of record). The agency encourages the

Commandant to obtain the substantive data relating to the match from

the State of record to determine whether the person described in the

record is in fact the subject individual before taking further action.

Interim Final Rule

This document is published as an interim final rule. Accordingly,

the changes to part 1327 described above are fully in effect and

binding upon the date of the document's publication. No further

regulatory action by NHTSA is necessary to make these changes

effective.

In an effort to establish the procedures to permit Coast Guard

members to submit requests to the NDR and the Commandant of the Coast

Guard to receive NDR information as soon as possible, these regulatory

changes have been made in an interim final rule, without prior notice

and opportunity for comment. In addition, the changes made to the

regulation in this interim final rule simply reflect the statutory

amendments enacted by Pub. L. 104-324. Further, the procedures that

have been established in this interim final rule for requesting that

NDR information be provided to the Commandant of the Coast Guard are

nearly identical to the procedures already being followed by the

States, by airmen, by seamen/merchant mariners, and by others in the

field of transportation safety. Those procedures were established by a

rulemaking process during which notice and an opportunity to comment

were provided.

NHTSA requests comments on these regulatory changes. All comments

submitted in response to this document will be considered by the

agency. Following the close of the comment period, NHTSA will publish a

document responding to the comments and, if appropriate, will further

amend the provisions of part 1327.

Written Comments

Interested persons are invited to comment on this interim final

rule. It is requested, but not required, that ten copies be submitted.

All comments must be limited to 15 pages in length. Necessary

attachments may be appended to those submissions without regard to the

15 page limit. (49 CFR 553.21.) This limitation is intended to

encourage commenters to detail their primary arguments in a concise

fashion.

Written comments to the public docket must be received by February

2, 1998. All comments received before the close of business on the

comment closing date will be considered and will be available for

examination in the docket at the above address before and after that

date. To the extent possible, comments received after the closing date

will also be considered. However, the rulemaking action may proceed at

any time after that date. Following the close of the comment period,

NHTSA will publish a document responding to the comments and, if

appropriate, NHTSA will amend the provisions of this rule. NHTSA will

continue to file relevant material 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 upon receipt of their

comments in the docket should enclose, in the envelope with their

comments, a self-addressed stamped postcard. Upon receiving the

comments, the docket supervisor will return the postcard by mail.

Copies of all documents will be placed in Docket NHTSA-97-3155 in

Room PL-401, Nassif Building, 400 Seventh Street, SW, Washington, DC

20590.

Regulatory Analyses and Notice

Executive Order 12778 (Civil Justice Reform)

This interim final rule will not have any preemptive or retroactive

effect. 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 action is not a significant

regulatory action within the meaning of Executive Order 12866 or

Department of Transportation Regulatory Policies and Procedures. The

changes in this interim final rule merely reflect amendments contained

in Pub. L. 104-324. 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), the agency has evaluated the effects of this action

on small entities. Based on the evaluation, we certify that this action

will 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

There are reporting requirements contained in the regulation that

this rule is amending that are considered to be information collection

requirements, as that term is defined by the Office of Management and

Budget (OMB) in 5 CFR part 1320. Accordingly, these requirements have

been submitted previously to and approved by OMB, pursuant to the

requirements of the Paperwork Reduction Act (44 U.S.C. 3501, et seq.).

These requirements had been approved through September 30, 2000, under

OMB No. 2127-0001.

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National Environmental Policy Act

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

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

determined that it will not have any significant impact on the quality

of the human environment.

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 this 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.

List of Subjects in 23 CFR Part 1327

Highway safety, Intergovernmental relations, National Driver

Register, Reporting and recordkeeping requirements.

In consideration of the foregoing, chapter III of title 23 of the

CFR is amended as follows:

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 is revised 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 1327.3 is amended by redesignating paragraphs (a)

through (w) as paragraphs (b) through (x) and by adding a new paragraph

(a) to read as follows:

Sec. 1327.3 Definitions.

(a) Any officer, chief warrant officer, or enlisted member of the

Coast Guard or Coast Guard Reserve includes a cadet or an applicant for

appointment or enlistment of any of the foregoing and any member of a

uniformed service who is assigned to the Coast Guard.

* * * * *

Sec. 1327.5 [Amended]

3. Section 1327.5 is amended by removing the period at the end of

paragraph (c)(2) introductory text and adding in its place the words

``, or regarding any officer, chief warrant officer, or enlisted member

of the Coast Guard or Coast Guard Reserve.''.

4. Section 1327.6 is amended by revising paragraph (e)(1)

introductory text to read as follows:

Sec. 1327.6 Conditions and procedures for other authorized users of

the NDR.

* * * * *

(e) * * *

(1) To initiate an NDR file check, the individual who holds or who

has applied for a license, certificate of registry, or a merchant

mariner's document or the individual who is an officer, chief warrant

officer, or enlisted member of the Coast Guard or Coast Guard Reserve

shall either:

* * * * *

Issued on: November 25, 1997.

Ricardo Martinez,

Administrator, National Highway Traffic Safety Administration.

[FR Doc. 97-31436 Filed 12-1-97; 8:45 am]

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