Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Proposed Rules 19023 

by a party, the date on which a party 

certifies it to have been deposited in the 

mail or delivered to a courier, or the 

date of email transmission.’’ 46 CFR 

502.2(b) (previously 46 CFR 114(c)). 

The Commission also seeks comment 

on the possible applicability of the 

FRCP to proceedings before the 

Commission consistent with its 

responsibilities under the 

Administrative Procedure Act. 5 U.S.C. 

551–559. The Commission’s rules 

currently provide that the FRCP will 

apply in situations that are not covered 

by a specific Commission rule to the 

extent the federal rules are consistent 

with sound administrative practice. 46 

CFR 502.12. The presiding officer also 

has discretion to waive any rules ‘‘to 

prevent undue hardship, manifest 

injustice, or if the expeditious conduct 

of business so requires.’’ 46 CFR 502.10. 

The Commission desires to ensure that 

procedures are consistent with modern 

practice while giving due regard to 

limitations on its resources and the 

nuances of its own procedures and 

requirements. 

B. Modernization of Discovery Rules 

The Shipping Act of 1984 provides: 

‘‘In an investigation or adjudicatory 

proceeding under this part—* * * (2) a 

party may use depositions, written 

interrogatories, and discovery 

procedures under regulations prescribed 

by the Commission that, to the extent 

practicable, shall conform to the Federal 

Rules of Civil Procedure (28 App. 

U.S.C.).’’ 46 U.S.C. 41303(a). In 1984, the 

Commission promulgated discovery 

rules based primarily on the federal 

rules as they then existed. 49 FR 44369 

(November 6, 1984). The Commission 

also promulgated minor amendments to 

Rule 201 in 1999 and Rule 203 in 1993, 

but in all other respects the rules are 

unchanged since 1984. The 

Commission’s discovery rules are set 

forth in 46 CFR subpart L. 

The Federal rules regulating discovery 

have been amended many times since 

1984. Some amendments concerned 

matters that hardly existed in 1984, 

such as electronic discovery. FRCP 26, 

34. Other amendments altered 

established discovery procedures, 

including the scope of discovery 

(compare FRCP 26(b)(1) with 46 CFR 

502.201(h)); the requirement to provide 

initial disclosures, including 

identification of expert witnesses (FRCP 

26(a)); procedures for claiming privilege 

or protecting trial-preparation materials 

(FRCP 26(b)(5)); a limitation of number 

(FRCP 30(a)(2)) and conduct of 

depositions (FRCP 30(d)); and a 

limitation on the number of 

interrogatories (FRCP 33(a)(1)). The 

thirty-day period to respond to 

interrogatories and requests for 

production of documents that existed in 

the FRCP in 1984 was not included in 

the Commission’s rules. 

The Commission seeks public 

comments on whether to revise its 

discovery rules to conform more closely 

to the FRCP as they are formulated 

today. The Commission believes that to 

achieve the optimum result, any 

revision should consider the views of 

the parties and attorneys who would be 

subject to the revised rules. Therefore, it 

seeks their views through this advance 

notice of proposed rulemaking. 

Interested parties may address the 

following questions or other concerns: 

1. What specific problems, if any, 

have you experienced with the 

Commission’s current rules of 

discovery? 

2. What specific problems, if any, 

would you foresee if the Commission 

were to adopt particular provisions of 

the discovery rules as they currently 

exist in the FRCP, giving due regard to 

the differences in the nature of the 

proceedings and practice before the 

federal courts and before the 

Commission? 

C. Informal Docket or Small Claims 

Procedures 

Subpart S of the Commission’s rules, 

46 CFR 502.301–502.305, governs 

informal procedures for adjudication of 

small claims. These procedures were 

established for use by complainants 

when the amount in controversy is 

$50,000 or less. In those cases, an 

appointed settlement officer will make a 

decision without necessity of formal 

proceedings. A complainant may 

request a Subpart S proceeding, but a 

respondent can elect not to consent to 

such proceeding. If a respondent does 

not consent, the matter will be heard by 

an administrative law judge under 

Subpart T, Formal Procedure for 

Adjudication of Small Claims. 

The Commission is seeking comment 

on Subpart S proceedings, in particular 

as to: effecting service when parties 

make themselves unavailable for service 

of claims and decisions, or become 

unreachable after initially participating 

in a proceeding; dismissal of claims if 

service on the respondent cannot be 

achieved; and if the Commission’s rules 

on ex parte communications, 46 CFR 

502.11, should apply to Informal Docket 

proceedings. The Commission is 

particularly interested in commenters’ 

experience with small claims 

procedures used by other government 

entities that the Commission might use 

as guidance when amending its own 

rules. 

The Commission will be able to better 

consider whether and how its Rules of 

Practice and Procedure should be 

amended if commenters provide 

specific examples regarding the current 

rules and possible improvement of the 

rules. Commenters transmitting 

comments by e-mail should indicate 

‘‘FMC 502 ANPR’’ in the subject line of 

the e-mail. All e-mail comments should 

be sent to secretary@fmc.gov. 

By the Commission. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2011–8204 Filed 4–5–11; 8:45 am] 

BILLING CODE 6730–01–P 

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. 

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– 


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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; Email 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 


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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 computertechnology 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 dataexchange 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 §§ 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 

§ 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. 


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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 


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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Proposed Rules 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 currentlyapproved 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 § 384.107(b) to read as 

follows: 

§ 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 

§§ 384.225(f) and 384.231(d). 

* * * * * 

3. Revise § 384.301 to add a new 

paragraph (e) to read as follows: 

§ 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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