Extension of Compliance Date for States' Query of the Drug and Alcohol Clearinghouse |
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Raymond P. Martinez
Federal Motor Carrier Safety Administration
6 September 2019
[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Proposed Rules]
[Pages 46923-46927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18986]
[[Page 46923]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 382, 383 and 384
[Docket No. FMCSA-2019-0120]
RIN 2126-AC32
Extension of Compliance Date for States' Query of the Drug and
Alcohol Clearinghouse
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of proposed rulemaking; extension of compliance date.
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SUMMARY: FMCSA proposes to extend the compliance date for the
requirement established by the Commercial Driver's License Drug and
Alcohol Clearinghouse (Clearinghouse) final rule that States request
information from the Clearinghouse (``query'') before completing
certain commercial driver's license (CDL) transactions. The States'
compliance with this requirement, currently due to begin on January 6,
2020, would be delayed until January 6, 2023. This proposal would,
however, allow States the option to voluntarily request Clearinghouse
information beginning on January 6, 2020. As explained further below,
the proposed delay of the State query requirement would have no impact
on highway safety. The compliance date of January 6, 2020 would remain
in place for all other requirements set forth in the Clearinghouse
final rule.
DATES: Comments on this document must be received on or before October
7, 2019.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2019-0120 using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Fax: 202-493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments, including collection of information comments for the Office
of Information and Regulatory Affairs, OMB.
FOR FURTHER INFORMATION CONTACT: Nikki McDavid, Chief, Commercial
Driver's License Division, Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue SE, Washington, DC 20590-0001 by telephone at
202-366-0831 or by email, nikki.mcdavid@dot.gov., If you have questions
on viewing or submitting material to the docket, contact Docket
Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice of proposed rulemaking (NPRM) (Docket No. FMCSA-2019-0120),
indicate the specific section of this document to which each section
applies, and provide a reason for each suggestion or recommendation.
You may submit your comments and material online or by fax, mail, or
hand delivery, but please use only one of these means. FMCSA recommends
that you include your name and a mailing address, an email address, or
a phone number in the body of your document so that FMCSA can contact
you if there are questions regarding your submission.
To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2019-0120, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments. FMCSA may issue a final rule at any time after the close of
the comment period.
Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' FMCSA will treat such
marked submissions as confidential under the FOIA, and they will not be
placed in the public docket of this NPRM. Submissions containing CBI
should be sent to Brian Dahlin, Chief, Regulatory Analysis Division,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590. Any commentary that FMCSA receives which is not
specifically designated as CBI will be placed in the public docket for
this rulemaking.
B. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2019-0120, in the
keyword box, and click ``Search.'' Next, click the ``Open Docket
Folder'' button and choose the document to review. If you do not have
access to the internet, you may view the docket online by visiting the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
C. Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
D. Waiver of Advance Notice of Proposed Rulemaking
Under the Fixing America's Surface Transportation Act, Public Law,
114-94 (FAST Act), FMCSA is required to publish an advance notice of
proposed
[[Page 46924]]
rulemaking (ANPRM) or conduct a negotiated rulemaking ``if a proposed
rule is likely to lead to the promulgation of a major rule'' (49 U.S.C.
31136(g)(1)). As this proposed rule is not likely to lead to the
promulgation of a major rule, the Agency is not required to issue an
ANPRM or to proceed with a negotiated rulemaking.
II. Executive Summary
A. Purpose and Summary of the Proposed Rule
Regulations established by the final rule, ``Commercial Driver's
License Drug and Alcohol Clearinghouse'' (Clearinghouse final rule) (81
FR 87686 (Dec. 5, 2016)), require that, beginning January 6, 2020,
State Driver Licensing Agencies (SDLAs) request information from the
Clearinghouse (``query'') prior to issuing, renewing, upgrading, or
transferring a CDL.\1\ The Clearinghouse final rule did not otherwise
address how SDLAs would use Clearinghouse information for drivers
licensed, or seeking to become licensed, in their State. This proposed
delay of the States' query requirement, from January 6, 2020 to January
6, 2023, is necessary to allow the Agency time to complete its
forthcoming rulemaking to address the SDLAs' access to and use of
driver-specific information from the Clearinghouse, as discussed below.
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\1\ See 49 CFR 383.73(b)(10); (c)(10); (d)(9); (e)(8); and
(f)(4).
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FMCSA emphasizes that the compliance date of January 6, 2020,
continues to apply to all other requirements set forth in the
Clearinghouse final rule. Beginning January 6, 2020, CDL holders' drug
and alcohol testing program violations must be reported to the
Clearinghouse, and motor carrier employers must perform the required
queries for prospective and current driver-employees.
In addition, under this proposal, beginning on January 6, 2020,
SDLAs wishing to access a CDL applicant's drug or alcohol violation
information may do so by registering in the Clearinghouse as an
authorized user and logging in to view the individual's record. This
optional access to the Clearinghouse would be exercised solely at the
States' discretion. FMCSA will provide operational guidance on
Clearinghouse registration for all authorized users in the coming
weeks.
B. Costs and Benefits
Because the Clearinghouse final rule did not establish a cost or
benefit to the SDLA query, there are neither costs nor benefits
associated with this rulemaking.
III. Legal Basis for the Rulemaking
This NPRM would amend regulations established by the Clearinghouse
final rule by extending the date by which States would be required to
achieve compliance with the query requirements currently set forth in
49 CFR 383.73 and 384.235. The Clearinghouse final rule implements
section 32402 of the Moving Ahead for Progress in the 21st Century Act
(MAP-21) (Pub. L. 112-41, 126 Stat. 405, codified at 49 U.S.C. 31306a),
which requires the Secretary of Transportation (the Secretary) to
establish a national clearinghouse for records related to drug and
alcohol testing of CDL holders. As part of that mandate, MAP-21
requires the Secretary to establish a process by which States can
request and receive an individual's Clearinghouse record (49 U.S.C.
31306a(h)(2)). In addition, section 32305(b)(1) of MAP-21, codified at
49 U.S.C. 31311(a)(24), requires that States request information from
the Clearinghouse prior to issuing or renewing a CDL. This proposed
extension of the compliance date for those State-specific requirements
relies on these statutory authorities. This NPRM is also based on the
broad authority of the Commercial Motor Vehicle Safety Act of 1986, as
amended, codified generally in 49 U.S.C. chapter 313, which requires
the Secretary to establish minimum standards for the issuance of CDLs
(49 U.S.C. 31308), as well as minimum standards to ensure the fitness
of individuals operating a CMV (49 U.S.C. 31305(a)).
Finally, under 49 CFR 1.87(e)(1), the FMCSA Administrator is
delegated authority to carry out the functions vested in the Secretary
by 49 U.S.C. chapter 313, relating to CMV operation.
IV. Background
The Clearinghouse final rule implemented the Congressional mandate,
set forth in section 32402 of MAP-21, requiring the establishment of a
national Drug and Alcohol Clearinghouse containing CDL holders'
violations of FMCSA's drug and alcohol testing regulations set forth in
49 CFR part 382. The Clearinghouse regulations, which go into effect on
January 6, 2020, will enable FMCSA and motor carrier employers to
identify drivers who, under 49 CFR 382.501(a), are prohibited from
operating a CMV due to drug and alcohol program violations.
Additionally, as discussed above in section III. ``Legal Basis,''
MAP-21 required that SDLAs be provided access to the Clearinghouse
records of individuals applying for a CDL in order to determine whether
they are qualified to operate a CMV, and that SDLAs request information
from the Clearinghouse before renewing or issuing a CDL to an
individual. FMCSA incorporated these statutory requirements into the
Clearinghouse final rule.
Subsequently, the American Association of Motor Vehicle
Administrators (AAMVA), a trade association representing driver
licensing authorities from the 50 States and the District of Columbia,
asserted that the final rule failed to address various operational
issues related to the States' role in the Clearinghouse.\2\ Some of the
concerns AAMVA raised were: What does FMCSA intend that the States do
with information they receive from the Clearinghouse; what specific
information would States receive in response to a request for
information about an individual CDL holder or applicant; what privacy
and data controls will be applied to the transmission of Clearinghouse
information to SDLAs; how would an erroneous Clearinghouse record be
corrected; and what are the cost implications for the SDLAs.
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\2\ See AAMVA Petition for Reconsideration of the Commercial
Driver's License Drug and Alcohol Clearinghouse Final Rule (June 29,
2017), Docket No. FMCSA-2011-0031, accessible through
www.regualtions.gov.
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As discussed further below, the Agency intends to publish a
separate proposed rule (``Clearinghouse II NPRM''), which will
specifically address the issues raised by AAMVA. Delaying the
implementation of the query requirement would provide FMCSA additional
time to resolve AAMVA's concerns and ensure a seamless implementation
of the States' Clearinghouse-related requirements.
V. Discussion of Notice of Proposed Rulemaking (NPRM)
As noted above, regulations established by the 2016 Clearinghouse
final rule require that, beginning on January 6, 2020, States query the
Clearinghouse prior to issuing, renewing, transferring, or upgrading a
CDL. FMCSA proposes to extend that compliance date, only as it applies
to the States' query requirement, to January 6, 2023. All other
provision of the Clearinghouse final rule will go into effect on
January 6, 2020. Extending the compliance date at this time would
provide sufficient notice to the States that the query requirement will
not take effect on January 6, 2020, thereby permitting them to allocate
their information technology (IT), training, and other resources
accordingly.
[[Page 46925]]
In the Agency's judgment, it would be premature to implement the
States' query requirement before addressing the questions and concerns
raised by AAMVA in its 2017 petition for reconsideration, discussed
above in section IV, ``Background.'' FMCSA therefore proposes this
extension so that it can address the States' use of Clearinghouse
information, and respond to the issues raised by AAMVA, which will be
the basis of the Clearinghouse II NPRM. Further, the Clearinghouse II
NPRM will solicit the States' input concerning the most efficient means
of electronically transmitting the information from the Clearinghouse
to the SDLAs. Thus, the additional time afforded by extending the
compliance date for the States' query requirement, as proposed, is also
necessary for FMCSA to establish the IT interface between the SDLAs and
the Clearinghouse.
FMCSA anticipates that the Clearinghouse II NPRM will be published
no later than March 1, 2020. The Agency notes that, due to the delay in
issuing the Clearinghouse II NPRM, this proposal to extend the
compliance date to January 6, 2023, is essentially a placeholder; the
final rule resulting from the Clearinghouse II proposal will establish
the date by which States' compliance will ultimately be required. The
Agency does not anticipate that the final compliance date will be
sooner than January 6, 2023.
Although, under this proposal, SDLAs would not be required to query
the Clearinghouse beginning on January 6, 2020, some SDLAs may
nevertheless want to request information about a CDL applicant as soon
as the information starts to become available in the Clearinghouse.
Accordingly, FMCSA proposes that, beginning on January 6, 2020, SDLAs
wishing to request information from the Clearinghouse may do so on a
voluntary basis by logging in as a registered user and conducting a
query prior to issuing, renewing, transferring or upgrading a CDL. The
Agency recognizes that manually-conducted queries for large numbers of
drivers could pose logistical and operational challenges, and will
explore more efficient means of providing driver information to SDLAs
wishing to request information from the Clearinghouse on a voluntary
basis.\3\ If Clearinghouse information received in response to a
voluntary query by an SDLA indicates the driver is prohibited from
operating a CMV due to a drug or alcohol testing violation, it would be
up to the State to decide whether, and how, to act on that information.
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\3\ The Clearinghouse final rule discussed the possible use of
the Commercial Driver Licensing Information System (CDLIS) pointer
system or other automated electronic means of transmitting
Clearinghouse information to the SDLAs. See 81 FR 87866, 87708 (Dec.
5, 2016).
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Finally, FMCSA concludes that the delayed implementation of the
SDLAs' query requirement, as proposed, would not impact highway safety.
The Clearinghouse final rule required only that SDLAs query the
Clearinghouse prior to completing specified commercial licensing
transactions. However, there is currently no requirement that States
act on Clearinghouse information indicating the driver is prohibited
from operating a CMV because the individual violated FMCSA's drug and
alcohol program requirements. Consequently, the Regulatory Impact
Analysis for the Clearinghouse final rule \4\ did not associate any
specific safety benefit with the SDLAs' mandatory query of the
Clearinghouse, although the Agency did identify quantitative and
qualitative benefits for the Clearinghouse final rule as a whole.
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\4\ The Final Rulemaking Regulatory Impact Analysis (November
2016) is available in the docket of the ELDT final rule (Docket No.
FMCSA-2011-0031), accessible through www.regualtions.gov.
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VI. International Impacts
The FMCSRs, and any exceptions to the FMCSRs, apply only within the
United States (and, in some cases, United States territories). Motor
carriers and drivers are subject to the laws and regulations of the
countries that they operate in, unless an international agreement
states otherwise. Drivers and carriers should be aware of the
regulatory differences amongst nations.
VII. Section-by-Section Analysis
A. Proposed Change to 49 CFR 382.725
FMCSA proposes to amend Sec. 382.725(a) to permit States to
request information from the Clearinghouse before January 6, 2023, and
to require that States request information from the Clearinghouse on or
after January 6, 2023.
B. Proposed Changes to 49 CFR Parts 383 and 384
In parts 383 and 384, FMCSA proposes to amend Sec. Sec.
383.73(b)(10), (c)(10), (d)(9), (e)(8), and (f)(4), and 384.235, by
changing the date from January 6, 2020, to January 6, 2023.
VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
Under section 3(f) of E.O. 12866 (58 FR 51735, Oct. 4, 1993),
Regulatory Planning and Review, as supplemented by E.O. 13563 (76 FR
3821, Jan. 21, 2011), Improving Regulation and Regulatory Review, this
proposed rule does not require an assessment of potential costs and
benefits under section 6(a)(4) of that Order. This proposed rule is
also not significant within the meaning of DOT regulatory policies and
procedures (DOT Order 2100.6, dated Dec. 20, 2018). Accordingly, the
Office of Management and Budget has not reviewed it under these Orders.
Because the Clearinghouse final rule did not establish a cost or
benefit for the SDLA query, there are neither costs nor benefits
associated with this rulemaking.
B. E.O. 13771 Reducing Regulation and Controlling Regulatory Costs
This rule has been designated as a deregulatory action under
Executive Order (E.O.) 13771 by the Office of Information and
Regulatory Affairs because it delays a compliance date for a
requirement.
C. Regulatory Flexibility Act (Small Entities)
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) as
amended by the Small Business Regulatory Enforcement Fairness Act of
1996 (Pub. L. 104-121, 110 Stat 857) requires Federal agencies to
consider the effects of the regulatory action on small business and
other small entities and to minimize any significant economic impact.
The term ``small entities'' comprises small businesses and not-for-
profit organizations that are independently owned and operated and are
not dominant in their fields, and governmental jurisdictions with
populations of less than 50,000 (5 U.S.C. 601(6)). Accordingly, DOT
policy requires an analysis of the impact of all regulations on small
entities, and mandates that agencies strive to lessen the adverse
effects on these businesses.
As described above, the Clearinghouse final rule requires the SDLAs
to query the Clearinghouse before completing certain licensing
transactions. This proposal would extend the Clearinghouse final rule
compliance extended from January 6, 2020 to January 6, 2013. The
extension of the compliance date is limited to the
[[Page 46926]]
SDLAs. The proposed extension does not impose costs on the SDLAs.
The regulatory flexibility analysis the Agency prepared for the
Clearinghouse final rule did not include the SDLAs among the small
entities affected by the rule because they are a governmental entity
with a population of greater than 50,000. That determination, combined
with the fact that the SDLAs are the only entity affected by the
proposed extension of the compliance date, and no costs would be
imposed on the SDLAs demonstrates that the proposed rule does not have
a significant impact on small entities. Consequently, I certify the
action will not have a significant economic impact on a substantial
number of small entities.
D. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this NPRM so that they can better evaluate its effects
on themselves and participate in the rulemaking initiative. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult the FMCSA point of
contact, Ms. Nikki McDavid, listed in the FOR FURTHER INFORMATION
CONTACT section of this NPRM. Small businesses may send comments on the
actions of Federal employees who enforce or otherwise determine
compliance with Federal regulations to the Small Business
Administration's Small Business and Agriculture Regulatory Enforcement
Ombudsman and the Regional Small Business Regulatory Fairness Boards.
The Ombudsman evaluates these actions annually and rates each agency's
responsiveness to small business. If you wish to comment on actions by
employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247). DOT has a
policy regarding the rights of small entities to regulatory enforcement
fairness and an explicit policy against retaliation for exercising
these rights.
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. The Act addresses actions that may result in the
expenditure by a State, local, or tribal government, in the aggregate,
or by the private sector of $161 million (which is the value equivalent
of $100 million in 1995, adjusted for inflation to 2017 levels) or more
in any one year. This proposed rule would not result in such an
expenditure. As discussed above, FMCSA estimates the NPRM would result
in costs less than zero.
F. Paperwork Reduction Act
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
G. E.O. 13132 (Federalism)
A rule has implications for federalism under Section 1(a) of
Executive Order 13132 if it has ``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.'' FMCSA determined that this proposal
would not have substantial direct costs on or for States, nor would it
limit the policymaking discretion of States. Nothing in this document
preempts any State law or regulation. Therefore, this rule does not
have sufficient federalism implications to warrant the preparation of a
federalism impact statement.
H. E.O. 12988 (Civil Justice Reform)
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
I. E.O. 13045 (Protection of Children)
E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies
issuing ``economically significant'' rules, if the regulation also
concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. The Agency determined this proposed rule is not
economically significant. Therefore, no analysis of the impacts on
children is required. In any event, the Agency does not anticipate that
this regulatory action could in any respect present an environmental or
safety risk that could disproportionately affect children.
J. E.O. 12630 (Taking of Private Property)
FMCSA reviewed this proposed rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it will not effect a taking of
private property or otherwise have taking implications.
K. Privacy
The Consolidated Appropriations Act, 2005, (Pub. L. 108-447, 118
Stat. 2809, 3268, 5 U.S.C. 552a note) requires the Agency to conduct a
privacy impact assessment of a regulation that will affect the privacy
of individuals. The Agency will complete a Privacy Threshold Assessment
(PTA) to evaluate the risks and effects the proposed rulemaking might
have on collecting, storing, and sharing personally identifiable
information. The PTA will be submitted to FMCSA's Privacy Officer for
review and preliminary adjudication and to DOT's Privacy Officer for
review and final adjudication.
L. E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
program.
M. E.O. 13211 (Energy Supply, Distribution, or Use)
FMCSA has analyzed this proposed rule under E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' likely to have a significant adverse
effect on the supply, distribution, or use of energy. Therefore, it
does not require a Statement of Energy Effects under E.O. 13211.
N. E.O. 13175 (Indian Tribal Governments)
This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
O. National Technology Transfer and Advancement Act (Technical
Standards)
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through OMB,
with an explanation of why using these
[[Page 46927]]
standards would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards (e.g., specifications of
materials, performance, design, or operation; test methods; sampling
procedures; and related management systems practices) are standards
that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, FMCSA did not
consider the use of voluntary consensus standards.
P. Environment
FMCSA analyzed this NPRM for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004),
Appendix 2, paragraph (6)(t)(2). The Categorical Exclusion (CE) in
paragraph (6)(t)(2) covers regulations ensuring States comply with the
provisions of the Commercial Motor Vehicle Act of 1986, by having the
appropriate information technology systems concerning the qualification
and licensing of persons who apply for and persons who are issued a
CDL. The proposed requirements in this rule are covered by this CE, and
the proposed action does not have the potential to significantly affect
the quality of the environment. The CE determination is available for
inspection or copying in the regulations.gov website listed under
ADDRESSES.
Q. E.O. 13783 (Promoting Energy Independence and Economic Growth)
E.O. 13783 directs executive departments and agencies to review
existing regulations that potentially burden the development or use of
domestically produced energy resources, and to appropriately suspend,
revise, or rescind those that unduly burden the development of domestic
energy resources. In accordance with E.O. 13783, DOT prepared and
submitted a report to the Director of OMB that provides specific
recommendations that, to the extent permitted by law, could alleviate
or eliminate aspects of agency action that burden domestic energy
production. This proposed rule has not been identified by DOT under
E.O. 13783 as potentially alleviating unnecessary burdens on domestic
energy production.
List of Subjects
49 CFR Part 382
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.
49 CFR Parts 383 and 384
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
In consideration of the foregoing, FMCSA proposes to amend 49 CFR
chapter III as follows:
PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING
0
1. The authority citation for part 382 continues to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec.
32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.
0
2. Amend Sec. 382.725 by revising paragraph (a) to read as follows:
Sec. 382.725 Access by State licensing authorities.
(a)(1) Before January 6, 2023, in order to determine whether a
driver is qualified to operate a commercial motor vehicle, the chief
commercial driver's licensing official of a State may obtain the
driver's record from the Clearinghouse if the driver has applied for a
commercial driver's license from that State.
(2) On or after January 6, 2023, in order to determine whether a
driver is qualified to operate a commercial motor vehicle, the chief
commercial driver's licensing official of a State must obtain the
driver's record from the Clearinghouse if the driver has applied for a
commercial driver's license from that State.
* * * * *
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
0
3. The authority citation for part 383 is revised to read as follows:
Authority: 49 U.S.C. 521, 5103a, 31136, 31301 et seq., and
31502; secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766,
1767; sec. 1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140
of Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-
141, 126 stat. 405, 830; and 49 CFR 1.87.
Sec. 383.73 [Amended]
0
4. Amend Sec. 383.73 by removing the date ``January 6, 2020'' and
adding in its place the date ``January 6, 2023'' in paragraphs (b)(10),
(c)(10), (d)(9), (e)(8), and (f)(4).
PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
0
5. The authority citation for part 384 is revised to read as follows:
Authority: 49 U.S.C. 31102, 31104, 31136, 31301, et seq., and
31502; secs. 103 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1753,
1767; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524
of Pub. L. 114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87.
Sec. 384.235 [Amended]
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6. Amend Sec. 384.235 by removing the date ``January 6, 2020'' and
adding in its place the date ``January 6, 2023.''
Issued under authority delegated in 49 CFR 1.87.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-18986 Filed 9-5-19; 8:45 am]
BILLING CODE 4910-EX-P