Commercial Driver's License Information System State Procedures Manual, Release 5.2.0 |
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Topics: Federal Motor Carrier Safety Administration
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Anne S. Ferro
Federal Register
April 6, 2011
[Federal Register: April 6, 2011 (Volume 76, Number 66)]
[Proposed Rules]
[Page 19023-19027]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap11-34]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 384
[Docket No. FMCSA-2011-0039]
RIN 2126-AB33
Commercial Driver's License Information System State Procedures
Manual, Release 5.2.0
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of proposed rulemaking (NPRM); request for comments.
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SUMMARY: FMCSA proposes to amend the Federal Motor Carrier Safety
Regulations (FMCSRs) to incorporate by reference the most recent
version of the American Association of Motor Vehicle Administrators,
Inc.'s (AAMVA) Commercial Driver's License Information System (CDLIS)
State Procedures Manual (the Manual). All State driver licensing
agencies would use this updated version of the Manual to develop the
process required in transmitting, receiving, recording and updating
information on a CDLIS driver record. Such information includes, but is
not limited to, the commercial driver's license (CDL) holder's physical
description, commercial and noncommercial driving status, medical
certification status, convictions, disqualifications and accidents. The
purpose of this proposal is to enhance the safety of commercial motor
vehicle (CMV) operations on our nation's highways.
DATES: Comments must be received by June 6, 2011.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-
[[Page 19024]]
2011-0039 using any of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov.
Fax: 202-493-2251.
Mail: Docket Management Facility (M-30), U.S. Department
of Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590-0001, between 9 a.m.
and 5 p.m., e.t., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
Instructions: All submissions must include the Agency name and
docket number (FMCSA-2011-0039) for this rulemaking. To avoid
duplication, please use only one of these four methods. Note that all
comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
Please refer to the Privacy Act heading for further information.
Comments received after the comment closing date will be included
in the docket and we will consider late comments only to the extent
practicable. FMCSA may issue a final rule at any time after the close
of the comment period.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday,
except Federal holidays.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register notice published
on April 11, 2000 (65 FR 19476).
FOR FURTHER INFORMATION CONTACT: Mr. Robert Redmond, Senior
Transportation Specialist, Commercial Driver's License Division,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue,
SE., Washington, DC 20590-0001; Telephone: (202) 366-5014; E-mail
address: robert.redmond@dot.gov.
SUPPLEMENTARY INFORMATION This NPRM is organized as follows:
I. Legal Basis
II. Background
III. Purpose and Scope of the CDLIS State Procedures Manual
IV. Incorporation By Reference
V. Implementation Date
VI. Section Analysis
VII. Regulatory Analyses
I. Legal Basis
Section 206 of the Motor Carrier Safety Act of 1984 (MCSA) (Pub. L.
98-554, title II, 98 Stat. 2832, 2834, codified at 49 U.S.C. 31136)
directed the Secretary of Transportation to regulate commercial motor
vehicles (CMVs) and the drivers and motor carriers that operate them.
The Secretary was also directed to issue regulations governing the
physical condition of drivers. The Secretary delegated these
authorities to FMCSA (see 49 CFR 1.73(g)).
The Commercial Motor Vehicle Safety Act of 1986 (CMVSA) (Pub. L.
99-570, title XII, 100 Stat. 3207-170, codified at 49 U.S.C. chapter
313) required the Secretary of Transportation, after consultation with
the States, to prescribe regulations on minimum uniform standards for
State issuance of CDLs. The Act also specified information States must
include on each CDL (49 U.S.C. 31308).
FMCSA, in accordance with 49 U.S.C. 31308, has authority to
prescribe procedures and requirements the States must observe in
issuing CDLs and CDL learner permits. To avoid loss of Federal-aid
highway funds, 49 U.S.C. 31314 requires each State to comply
substantially with 49 U.S.C. 31311(a), which prescribes the
requirements for State participation in the CDL program. To ensure that
the States are able to exchange information about CDL holders
efficiently and effectively through CDLIS, as required by 49 U.S.C.
31311(a)(5)-(9), (15), (18)-(19), and (21), the rule proposed today
would require States issuing CDLs and CDL learner permits to follow all
the procedures described in Version 5.2.0 of the CDLIS State Procedures
Manual when posting, transmitting, and receiving all information on a
CDL driver's CDLIS driver record.
II. Background
FMCSA is required by statute to maintain an information system that
serves as the clearinghouse and depository of information about the
licensing, identification and disqualification of operators of CMVs.
(49 U.S.C. 31309). CDLIS is the information system that serves that
function.
In 1988, the Federal Highway Administration (FHWA) entered into a
designation agreement with AAMVA's affiliate AAMVAnet, Inc. to create
and operate CDLIS. Under that agreement, CDLIS must contain all the
information required in 49 U.S.C. 31309(b). The 1988 agreement states
that AAMVAnet will ``cooperate fully with FHWA with respect to the
operation of CDLIS including, but not limited to, information content
and the development of standards relating to access to CDLIS by States
and various employers and employees.'' Pursuant to section 106(b) of
the Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L. 106-
159, 113 Stat. 1748, 1757, 49 U.S.C. 113 note), the 1988 agreement
automatically transferred to FMCSA upon the Agency's establishment and
remained in effect until FMCSA and AAMVA, the party that inherited the
responsibilities of its affiliate AAMVAnet, Inc. entered into a
superseding agreement in 2008. Copies of the 1988 and 2008 agreements
are in the public docket for this rulemaking.
In August 2005, section 4123 of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
authorized FMCSA to establish a modernization plan for CDLIS (Pub. L.
109-59, 119 Stat. 1144, 1734, partly codified at 49 U.S.C. 31309(e) et
seq.). Section 4123 also authorized grants to States or organizations
representing States for the modernization of CDLIS. (49 U.S.C.
31309(f)).
On May 2, 2006, FMCSA published the CDLIS Modernization Plan in the
Federal Register (71 FR 25885). The Plan detailed the statutory
requirements for modernization, the phases of the modernization plan,
and the availability of grant funding for AAMVA and the States to
comply with CDLIS modernization requirements. Since May 2006, AAMVA has
received grants from FMCSA to complete the tasks enumerated in the
Modernization Plan.
On June 9, 2008, FMCSA and AAMVA entered into a new cooperative
agreement regarding the operation, maintenance, and modernization of
CDLIS. While FMCSA authorizes AAMVA to maintain and operate CDLIS,
FMCSA does not own CDLIS and it is not a Federal system of records.
FMCSA and AAMVA work closely together to monitor State compliance with
the CDLIS specifications, as set forth in the May 2, 2006 Federal
Register notice, and their annual grant agreements. FMCSA has awarded
AAMVA Federal financial assistance grants to maintain an active Help
Desk for State personnel, to conduct regularly occurring CDLIS training
courses for State personnel, and to provide States with regular CDLIS
transaction and
[[Page 19025]]
error reports to improve their compliance efforts.
The goals of the 2008 agreement, to which any amendments must be
made in writing and signed by all parties, are to provide a framework
for the ongoing operation, maintenance, administration, enhancement,
and modernization of CDLIS by AAMVA. The modernization will ensure
compliance with applicable Federal information technology security
standards; electronic exchange of all information including the posting
of convictions; self-auditing features to ensure that data are being
posted correctly and consistently by the States; and integration of an
individual's CDL and the medical certificate as required in the final
rule on ``Medical Certification Requirements as Part of CDL.'' (73 FR
73096, December 1, 2008). Finally, the agreement provides a schedule
for modernization of the system. The updated Version 5.2.0 of the State
Procedures Manual implements the CDLIS modernization effort.
III. Purpose and Scope of the CDLIS State Procedures Manual
The CDLIS State Procedures Manual (Release 5.2.0) outlines the
standard administrative practices required of the fifty States and the
District of Columbia when participating in CDLIS. The 13 Canadian
provinces and territories and the Mexican General Directorship of
Federal Motor Carrier Transportation (DGAF) will also adopt the Version
5.2.0 update of the State Procedures Manual. Version 5.2.0 of the State
Procedures Manual supersedes the CDLIS State Procedures Manual (Release
4.1.0) of September 2007.
The primary audience for this Manual is State personnel involved in
CDL programs, and their counterparts in Canada and Mexico, including
administrative employees involved in driver licensing and computer-
technology staff supporting the CDLIS transactions. The Manual contains
background information about the laws mandating CDLIS and discusses
types of CDLIS users. The Manual also includes descriptions, excerpted
from the CDLIS System Specifications (Release 5.2.0), of the nation-
wide computerized data-exchange transactions used to electronically
record and report driver information. Further, the Manual provides
guidance on administrative driver licensing procedures that involve
CDLIS, including issuing, renewing, transferring withdrawing, and
reinstating a driver's license, and posting convictions. The Manual
does not address CDL or CDL learner's permit program requirements
outside the scope of CDLIS.
The CDLIS State Procedures Manual (Release 5.2.0) addresses changes
that were made as part of the modernization effort to make CDLIS more
efficient in handling the increasing number of driver records and data
transactions. These changes include new rules for processing
transactions, procedures for handling data transaction errors and
clarifications of existing rules and procedures for processing data
transactions. The following is a summary of the changes:
Comply with applicable Federal information technology security
standards:
The network was upgraded to comply with National Institute
of Standards and Technology (NIST) and other Federal standards,
including the encryption of messages (note: all States have completed
this upgrade).
FMCSA has encouraged States to follow the NIST standards
in their internal systems that maintain driver history information used
in messages sent via CDLIS.
Because the CDLIS Central Site stores a significant
accumulation of personally identifiable information (PII), FMCSA has
overseen a Certification and Accreditation by independent auditors to
ensure that it provides sufficient safeguards and mitigates the risk of
that data being compromised or accessed by unauthorized personnel.
Provide for the electronic exchange of all information, including
posting of convictions:
Medical Certificate information, driver self-certification
of operating status, medical certification status, information
regarding variances and exemptions from medical requirements have all
been added to the driver history record exchanged via CDLIS.
A new nationwide driver license restriction code of `V'
was created to be used on the license document and CDLIS messages to
ensure law enforcement would ask the driver to provide variance
information during a traffic stop.
A new CDLIS message will allow FMCSA to quickly locate a
driver's State and license number after a crash.
Contain self-auditing features to ensure that data is being posted
correctly and consistently by the States:
Message edit-checks were added to ensure that data in
driver history is being posted correctly and consistently by the
States.
Reports have been created to assist FMCSA in monitoring
State compliance with Federal regulations related to timeliness, data
quality, and various capabilities.
States will be required to provide data from their
licensing systems to verify that it matches the information on the
Central Site; States will be provided error reports to take action to
correct any data conflicts.
Non-PII data will be used to create statistical reports
related to the national CDL program.
The Manual also addresses the rules and procedures for recording
and transmitting the new medical certification data that is being added
to CDLIS driver records.
IV. Incorporation by Reference
When the regulatory requirements for State participation in the CDL
program were adopted as 49 CFR part 384 (59 FR 26029, May 18, 1994),
they included the provision that the States must adhere to program
requirements specified by the Agency and the designated operator of
CDLIS. Section 384.231(d) states that each ``State shall maintain such
driver records and cause such driver identification data to be retained
on the CDLIS as the operator of the CDLIS specifies are necessary to
the implementation and enforcement of the disqualifications called for
in Sec. Sec. 384.215 through 384.219.'' In fact, the information
collection requirements built into CDLIS were specified broadly by FHWA
in 1988 and more precisely by FMCSA in 2008. Those requirements have
formed the basis for several editions of the CDLIS State Procedures
Manual. In 2002, FMCSA, therefore, incorporated by reference into Sec.
384.231(d) Version 2.0 of the Manual (67 FR 49742, July 31, 2002) and
later updated the rule to incorporate Version 4.1.0 (73 FR 73096,
December 1, 2008).
FMCSA believes that uniform practices among the States can only be
ensured by incorporating by reference the latest CDLIS State Procedures
Manual (Release 5.2.0), published in February 2011. This most recent
version of the Manual will be made available for inspection at the
Department of Transportation Library and the National Archives and
Records Administration. Copies of the Manual may also be obtained
through AAMVA. Further details and contact addresses and telephone
numbers are provided in 49 CFR 384.107. AAMVA plans to update this
Manual as needed to reflect changing legal requirements and best
practices in the operation of CDLIS. Incorporating Release 5.2.0 by
reference, however, should ensure that each State complies with the
specific version required by FMCSA.
[[Page 19026]]
FMCSA is providing the public an opportunity to comment on the
incorporation by reference of Release 5.2.0 of the Manual.
Section 552(a)(1) of title 5, United States Code, authorizes
agencies, with the approval of the Director of the Federal Register, to
incorporate by reference into regulations materials already published
elsewhere. This reduces the volume of material published in the Federal
Register and the Code of Federal Regulations. This NPRM is part of the
process of incorporating the AAMVA CDLIS State Procedures Manual by
reference. The legal effect of incorporation by reference is that the
material is treated as if it were published in the Federal Register.
This material, like any other properly issued rule, would then have the
force and effect of law.
V. Implementation Date
The Agency is currently working with AAMVA and the States to
modernize CDLIS, as required by section 4123 of SAFETEA-LU. The
modernization plan requires all States to use Release 5.2.0 of the
CDLIS State Procedures Manual by January 30, 2012. Both the CDLIS
modernization effort and inclusion of information from the medical
examiner's certificate on CDLIS driver records will require States to
update their CDLIS computer programs.
This NPRM would require States to comply with Release 5.2.0 of the
CDLIS State Procedures Manual by January 30, 2012. The Agency believes
the standard 3-year phase-in period is unnecessary because, under the
modernization plan, the States are currently working to pass required
implementing legislation, modify their information systems to comply
with the new modernized CDLIS, begin recording the medical examiner's
certificate information onto the CDLIS driver record, and making that
information available from the CDLIS driver record.
VI. Section Analysis
Part 384
Section 384.107. The Agency would revise paragraph (b) to
incorporate by reference the Release 5.2.0 version of the CDLIS State
Procedures Manual.
Section 384.301. The agency would add, as a conforming amendment, a
new paragraph (e) specifying that the State must comply with
requirements of this rule by January 30, 2012.
VII. Regulatory Analyses
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
FMCSA has determined that this action is not a significant
regulatory action within the meaning of Executive Order (E.O.) 12866
and the Department of Transportation regulatory policies and procedures
(DOT Order 2100.5, 44 FR 11034, February 26, 1979). These proposed
regulations will not have an effect of $100 million or more on the
economy. They will not adversely affect in a material way the economy,
productivity, competition, jobs, the environment, public health or
safety, or State, local, or tribal governments or communities. These
proposed regulations will not create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency.
These proposed regulations do not alter the budgetary effects of
entitlements, grants, use fees, or loan programs or the right or
obligations of their recipients; nor do they raise novel legal or
policy issues.
This rule is directed to State driver licensing agencies. This NPRM
would merely incorporate the CDLIS State Procedures Manual (Release
5.2.0). Separate regulations require States to comply with the
substantive requirements of the Manual. Release 5.2.0 merely sets
processes and procedures to ensure that these other regulations are
uniformly implemented. As a result, the rule would not impose
significant costs on the States.
The only new statutory requirements that are addressed in the
Manual are related to the merging of the medical examiner's certificate
into the CDLIS driver record and those listed in the May 2, 2006
Federal Register notice detailing the plan to modernize CDLIS. The
costs associated with the implementation of the new medical examiner's
certificate requirements were addressed in the final rule on ``Medical
Certification Requirements as Part of the CDL'' published on December
1, 2008 (72 FR 73096). The costs associated with the modernization of
CDLIS were addressed in the ``CDLIS Modernization Plan'' published on
May 2, 2006 (71 FR 25885).
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act, as amended, 5
U.S.C. 601-612, FMCSA has considered the effects of this proposed
regulatory action on small entities and determined that this proposed
rule would not have a significant impact on a substantial number of
small entities, as defined by the U.S. Small Business Administration.
This rulemaking proposal would primarily affect States and their
processes and procedures for maintaining electronic driver history
records.
Unfunded Mandates Reform Act of 1995
This rulemaking would not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et
seq.), that will result in the expenditure by State, local, or tribal
governments or the private sector, in the aggregate, of $140.8 million
(which is the value of $100 million in 2009 after adjusting for
inflation) or more in any one year.
The Unfunded Mandates Reform Act requires new Federal regulations
to be accompanied by an analysis of their fiscal impacts on State,
local, and tribal governments and on private industry. As discussed
above in the section on ``Executive Order 12866 (Regulatory Planning
and Review) and DOT Regulatory Policies and Procedures,'' the only new
requirements in the CDLIS State Procedures Manual relate to the merging
of the medical examiner's certificate into the CDLIS driver record and
the modernization of CDLIS. Any costs associated with the
implementation of the merging of the medical examiner's certificate
into CDLIS were addressed in the final rule on ``Medical Certification
Requirements as Part of the CDL'' published on December 1, 2008 (72 FR
73096). The costs associated with the modernization of CDLIS were
addressed in the ``CDLIS Modernization Plan'' published on May 2, 2006
(71 FR 25885).
Executive Order 12988 (Civil Justice Reform)
This proposed action would meet applicable standards in sections
3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to
minimize litigation, eliminate ambiguity, and reduce burden.
Executive Order 13045 (Protection of Children)
FMCSA has analyzed this proposed action under Executive Order
13045, Protection of Children from Environmental Health Risks and
Safety Risks. We have determined preliminarily that this rulemaking
would not create an environmental risk to health or safety that may
disproportionately affect children.
Executive Order 12630 (Taking of Private Property)
This proposed rulemaking would not affect a taking of private
property or
[[Page 19027]]
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Executive Order 13132 (Federalism)
FMCSA has analyzed this proposed rule in accordance with the
principles and criteria of Executive Order 13132, ``Federalism,'' and
has determined that this rulemaking does not have federalism
implications.
The Federalism Executive Order applies to ``policies that have
federalism implications,'' which is defined as regulations and other
actions that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' Section 1(a). Further, Section 3(b) of the Federalism
Order provides that ``[n]ational action limiting the policymaking
discretion of the States shall be taken only where there is
constitutional and statutory authority for the action and the national
activity is appropriate in light of the presence of a problem of
national significance.''
The proposed rule would amend the CDL program authorized by CMVSA.
States have been issuing CDLs in accordance with Federal standards for
over two decades. The CDL program does not have preemptive effect
because it is voluntary. States may withdraw at any time, although
doing so would result in the loss of certain Federal-aid highway funds
pursuant to 49 U.S.C. 31314. Because this rule would make only small,
though numerous, incremental changes to the requirements already
imposed on participating States, FMCSA has determined that it would not
have substantial direct effects on the States, on the relationship
between the Federal and State governments, or on the distribution of
power and responsibilities among the various levels of government.
Privacy Impact Assessment
Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447,
118 Stat. 2809, 3268, 5 U.S.C. 552a note) requires the Agency to
conduct a privacy impact assessment (PIA) of a regulation that will
affect the privacy of individuals. This rulemaking would require States
to adopt uniform processes and procedures to maintain electronic driver
history records in CDLIS, but would not require the collection of PII.
The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency which receives records contained in a system
of records from a Federal agency for use in a matching program. The
CDLIS records, however, are not transferred from FMCSA to the States;
they are created and maintained by the States. FMCSA has determined
this proposed rule would not result in a new or revised Privacy Act
System of Records for FMCSA.
Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this program.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. This rulemaking would
not affect a currently-approved information collection covered by the
OMB Control No. 2126-0011 titled, ``Commercial Driver Licensing and
Test Standards'' or create the need for any new information collection.
National Environmental Policy Act
The Agency analyzed this proposed rulemaking for the purpose of the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et
seq.) and determined under its environmental procedures Order 5610.1,
published March 1, 2004 in the Federal Register (69 FR 9680), that this
action is categorically excluded (CE) under Appendix 2, Paragraph 6(s)
and (t) of the Order (69 FR 9703) from further environmental
documentation. That CE relates to regulations regarding the CDL and
related activities to assure CDL information is exchanged between
States. In addition, the Agency believes that the action includes no
extraordinary circumstances that would have any effect on the quality
of the environment. Thus, the action does not require an environmental
assessment or an environmental impact statement.
We have also analyzed this rule under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it does not affect direct or indirect emissions of
criteria pollutants.
Executive Order 13211 (Energy Effects)
FMCSA has analyzed this proposed action under Executive Order
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution or Use. We have determined preliminarily that it
would not be a ``significant energy action'' under that Executive Order
because it would not be economically significant and would not likely
have a significant adverse effect on the supply, distribution, or use
of energy.
List of Subjects in 49 CFR Part 384
Administrative practice and procedure, Highway safety, and Motor
carriers.
In consideration of the foregoing, FMCSA proposes to amend part 384
of title 49, Code of Federal Regulations (49 CFR part 384) as follows:
PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
1. The authority citation for part 384 continues to read as
follows:
Authority: 49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103
and 215 of Pub. L. 106-159, 113 Stat. 1753, 1767; and 49 CFR 1.73.
2. Revise Sec. 384.107(b) to read as follows:
Sec. 384.107 Matter incorporated by reference.
* * * * *
(b) Materials incorporated. The AAMVA ``Commercial Driver License
Information System (CDLIS) State Procedures Manual,'' Release 5.2.0,
February 2011, IBR approved for Sec. Sec. 384.225(f) and 384.231(d).
* * * * *
3. Revise Sec. 384.301 to add a new paragraph (e) to read as
follows:
Sec. 384.301 Substantial compliance--general requirements.
* * * * *
(e) A State must come into substantial compliance with the
requirements of subpart B of this part, which is effective as of June
6, 2011, as soon as practicable, but not later than January 30, 2012.
Issued on: March 28, 2011.
Anne S. Ferro,
Administrator.
[FR Doc. 2011-8061 Filed 4-5-11; 8:45 am]
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