[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Proposed Rules]
[Pages 19023-19027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8061]


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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:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#3d4f525f584f49134f5859505253597d595249135a524b"><span class="__cf_email__" data-cfemail="097b666b6c7b7d277b6c6d6466676d496d667d276e667f">[email protected]</span></a>.

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:
    <bullet> 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).
    <bullet> FMCSA has encouraged States to follow the NIST standards 
in their internal systems that maintain driver history information used 
in messages sent via CDLIS.
    <bullet> 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:
    <bullet> 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.
    <bullet> 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.
    <bullet> 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:
    <bullet> Message edit-checks were added to ensure that data in 
driver history is being posted correctly and consistently by the 
States.
    <bullet> Reports have been created to assist FMCSA in monitoring 
State compliance with Federal regulations related to timeliness, data 
quality, and various capabilities.
    <bullet> 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.
    <bullet> 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]
BILLING CODE 4910-EX-P


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