[Federal Register Volume 62, Number 231 (Tuesday, December 2, 1997)]
[Rules and Regulations]
[Pages 63655-63657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31436]
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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
[[Page 63656]]
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.
[[Page 63657]]
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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