[Federal Register Volume 61, Number 75 (Wednesday, April 17, 1996)]
[Proposed Rules]
[Pages 16729-16731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9368]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 61, No. 75 / Wednesday, April 17, 1996 /
Proposed Rules
[[Page 16729]]
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
23 CFR Parts 1325 and 1327
[Docket No. 84-02; Notice 10]
RIN 2127-AG21
Procedures for Transition to New National Driver Register
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation.
ACTION: Notice of proposed rulemaking.
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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]
BILLING CODE 4910-59-P
