[Federal Register Volume 60, Number 221 (Thursday, November 16, 1995)]
[Rules and Regulations]
[Pages 57543-57545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28227]
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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]
BILLING CODE 4910-22-P
