12800 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 

2 88 FR 42284. 

3 85 FR 65142 

Pipelines and Enhancing Safety Act of 

2020’’ to enhance safety and reduce 

methane emissions from new and 

existing gas transmission pipelines, 

distribution pipelines, regulated (Types 

A, B, C, and offshore) gas gathering 

pipelines, underground natural gas 

storage facilities, and liquefied natural 

gas facilities. Among the proposed 

amendments for part 192-regulated gas 

pipelines are strengthened leakage 

survey and patrolling requirements; 

performance standards for advanced 

leak detection programs; leak grading 

and repair criteria with mandatory 

repair timelines; requirements for 

mitigation of emissions from 

blowdowns; pressure relief device 

design, configuration, and maintenance 

requirements; and clarified 

requirements for investigating failures. 

Finally, this NPRM proposes to expand 

reporting requirements for operators of 

all gas pipeline facilities within DOT’s 

jurisdiction, including underground 

natural gas storage facilities and 

liquefied natural gas facilities. PHMSA 

requested public comments with a 

submission deadline of August 16, 

2023.2 PHMSA received over 43,000 

comments on the NPRM. 

In the ‘‘Class Location Change 

Requirements’’ NPRM, PHMSA 

proposes to revise the Federal Pipeline 

Safety Regulations to amend the 

requirements for gas transmission 

pipeline segments that experience a 

change in class location. Under the 

existing regulations, pipeline segments 

located in areas where the population 

density has significantly increased must 

perform one of the following actions: 

reduce the pressure of the pipeline 

segment; pressure test the pipeline 

segment to higher standards; or replace 

the pipeline segment. This proposed 

rule would add an alternative set of 

requirements operators could use— 

based on implementation of integrity 

management principles and pipe 

eligibility criteria—to manage certain 

pipeline segments where the class 

location has changed from a Class 1 

location to a Class 3 location. Through 

required periodic assessments, repair 

criteria, and other additional preventive 

and mitigative measures, PHMSA 

expects this alternative approach will 

provide long-term safety benefits 

consistent with the current natural gas 

pipeline safety rules while also 

providing cost savings for pipeline 

operators. PHMSA requested public 

comments with a submission deadline 

of December 14, 2020.3 PHMSA 

received 14 comments on the NPRM. 

Following the GPAC meeting, PHMSA 

will evaluate the GPAC’s 

recommendations and publish final 

rules that address the comments 

received and relevant information from 

the GPAC meeting report. 

II. Background 

The GPAC is a statutorily mandated 

advisory committee that provides the 

Secretary of Transportation and PHMSA 

with recommendations on proposed 

standards for the transportation of gas 

by pipeline. The committee was 

established in accordance with 49 

U.S.C. 60115 and the Federal Advisory 

Committee Act (FACA) of 1972 (Pub. L. 

92–463) to review PHMSA’s regulatory 

initiatives and determine their technical 

feasibility, reasonableness, costeffectiveness, and practicability. The 

committee consists of 15 members, with 

membership evenly divided among 

Federal and State governments, 

regulated industry, and the general 

public. 

III. Public Participation 

The meeting will be open to the 

public. Members of the public who wish 

to attend must register on the meeting 

website and include their names and 

affiliations. PHMSA will provide 

members of the public reasonable 

opportunity to make a statement during 

this meeting. However, commenters 

may be limited to 3 minutes each to 

accommodate the business of the 

committee, and trade organizations are 

asked to have no more than one speaker 

per organization. PHMSA will provide a 

Microsoft Teams link on the meeting 

web page at https://primis.phmsa.dot.

gov/meetings/MtgHome.mtg?mtg=169 

for the public to listen to the meeting 

(please note: attendees who listen to the 

meeting via Microsoft Teams will not 

have the opportunity to make a 

statement during the meeting). 

Additionally, PHMSA will record the 

meeting and post the recording to the 

public docket. PHMSA is committed to 

providing all participants with equal 

access to this meeting. Comments on the 

proceedings of the GPAC meeting must 

be submitted by April 29, 2024. If you 

need an accommodation due to a 

disability, please contact Tewabe Asebe 

by phone at 202–366–5523 or by email 

at tewabe.asebe@dot.gov. 

PHMSA is not always able to publish 

a notice in the Federal Register quickly 

enough to provide timely notice 

regarding last-minute issues that impact 

a previously announced advisory 

committee meeting including start and 

end times. Therefore, individuals 

should check the meeting website or 

contact Tewabe Asebe regarding any 

possible changes. 

Issued in Washington, DC, on February 14, 

2024, under authority delegated in 49 CFR 

1.97. 

Alan K. Mayberry, 

Associate Administrator for Pipeline Safety. 

[FR Doc. 2024–03361 Filed 2–16–24; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 384 

[Docket No. FMCSA–2023–0269] 

RIN 2126–AC68 

Commercial Driver’s License (CDL) 

Standards; Incorporation by Reference 

of a New State Procedures Manual 

(SPM) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: FMCSA proposes to amend 

the Federal Motor Carrier Safety 

Regulations (FMCSRs) to incorporate by 

reference the most recent edition of the 

American Association of Motor Vehicle 

Administrators, Inc. (AAMVA) 

Commercial Driver’s License 

Information System (CDLIS) State 

Procedures Manual (SPM), Version c.0. 

This would require all State driver’s 

licensing agencies (SDLAs) to use this 

edition of the manual to provide 

guidance on the information systems 

procedures of the commercial driver’s 

license (CDL) program. Such 

information includes, but is not limited 

to, CDL standards, State compliance 

with CDL programs, qualifications of 

drivers, and credentials and security 

threats assessments. 

DATES: Comments must be received on 

or before March 21, 2024. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2023–0269 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/docket/ 

FMCSA-2023-0269/document. Follow 

the online instructions for submitting 

comments. 

• Mail: Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Washington, DC 20590– 

0001. 


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• Hand Delivery or Courier: Dockets 

Operations, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Ground 

Floor, Washington, DC 20590–0001, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

To be sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets Operations. 

• Fax: (202) 493–2251. 

Viewing incorporation by reference 

material: You may inspect the material 

proposed for incorporation by reference 

at U.S. Department of Transportation 

Library, 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001 between 8 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

telephone number is (202) 366–1812. 

Copies of the material are available as 

indicated in the ‘‘Executive Summary’’ 

section of this preamble. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Rebecca Rehberg, CDL Division, 

FMCSA, 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001; (850) 728– 

2034, cdlcompliance@dot.gov. If you 

have questions on viewing or submitting 

material to the docket, call Dockets 

Operations at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: FMCSA 

organizes this NPRM as follows: 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy 

II. Executive Summary 

A. Purpose and Summary of the Regulatory 

Action 

III. Abbreviations 

IV. Legal Basis 

V. Background 

VI. Discussion of Proposed Rulemaking 

VII. Severability 

VIII. Section-by-Section Analysis 

IX. Regulatory Analyses 

A. E.O. 12866 (Regulatory Planning and 

Review), E.O. 13563 (Improving 

Regulation and Regulatory Review), E.O. 

14094 (Modernizing Regulatory Review), 

and DOT Regulatory Policies and 

Procedures 

B. Congressional Review Act 

C. Regulatory Flexibility Act 

D. Assistance for Small Entities 

E. Unfunded Mandates Reform Act of 1995 

F. Paperwork Reduction Act 

G. E.O. 13132 (Federalism) 

H. Privacy 

I. E.O. 13175 (Indian Tribal Governments) 

J. National Environmental Policy Act of 

1969 

K. Rulemaking Summary 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

NPRM (FMCSA–2023–0269), indicate 

the specific section of this document to 

which your comment 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 FMCSA can 

contact you if there are questions 

regarding your submission. 

To submit your comment online, go to 

https://www.regulations.gov/docket/ 

FMCSA-2023-0269/document, click on 

this NPRM, click ‘‘Comment,’’ and type 

your comment into the text box on the 

following screen. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. FMCSA will consider 

all comments and material received 

during the comment period. 

Confidential Business Information (CBI) 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(5 U.S.C. 552), CBI is exempt from 

public disclosure. If your comments 

responsive to the 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 the 

NPRM, it is important that you clearly 

designate the submitted comments as 

CBI. Please mark each page of your 

submission that constitutes CBI as 

‘‘PROPIN’’ to indicate it contains 

proprietary information. FMCSA will 

treat such marked submissions as 

confidential under the Freedom of 

Information Act, and they will not be 

placed in the public docket of the 

NPRM. Submissions containing CBI 

should be sent to Brian Dahlin, Chief, 

Regulatory Evaluation Division, Office 

of Policy, FMCSA, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001 or via email at brian.g.dahlin@

dot.gov. At this time, you need not send 

a duplicate hardcopy of your electronic 

CBI submissions to FMCSA 

headquarters. Any comments FMCSA 

receives not specifically designated as 

CBI will be placed in the public docket 

for this rulemaking. 

B. Viewing Comments and Documents 

To view any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2023-0269/document and 

choose the document to review. To view 

comments, click this NPRM, then click 

‘‘Browse Comments.’’ If you do not have 

access to the internet, you may view the 

docket online by visiting Dockets 

Operations on the ground floor of the 

DOT West Building, 1200 New Jersey 

Avenue SE, Washington, DC 20590– 

0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. To be sure someone is there to 

help you, please call (202) 366–9317 or 

(202) 366–9826 before visiting Dockets 

Operations. 

C. Privacy 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to better inform its regulatory process. 

DOT posts these comments, including 

any personal information the 

commenter provides, to 

www.regulations.gov as described in the 

system of records notice DOT/ALL 14 

(Federal Docket Management System 

(FDMS)), which can be reviewed at 

https://www.transportation.gov/ 

individuals/privacy/privacy-act-systemrecords-notices. The comments are 

posted without edit and are searchable 

by the name of the submitter. 

II. Executive Summary 

A. Purpose and Summary of the 

Regulatory Action 

In this NPRM, FMCSA proposes to 

incorporate by reference version c.0 of 

the Commercial Driver’s License 

Information System (CDLIS) State 

Procedures Manual (SPM), which the 

American Association of Motor Vehicle 

Administrators, Inc. (AAMVA) released 

in September 2023. In 2014, FMCSA 

incorporated by reference version 

5.3.2.1 of the CDLIS SPM, which 

AAMVA released in August 2013 (79 FR 

59450 (Oct. 14, 2014)). Version c.0 of 

the CDLIS SPM has replaced the 2013 

version. The CDLIS SPM (version c.0) 

provides guidance on the information 

system procedures of the CDL program. 

This change reflects a routine update of 

the referenced SPM (version c.0) to 

include changes introduced to exchange 

driver history record information (EEE) 

procedures and drug and alcohol 

clearinghouse (DACH II or 

Clearinghouse) information exclusively 

electronically. This NPRM discusses all 

updates to the currently incorporated 

2013 edition of the SPM (version c.0). 

FMCSA is providing the public an 

opportunity to comment on the 

incorporation by reference of version c.0 

of the SPM. 

The material is available, and will 

continue to be available, for inspection 

at the Department of Transportation 


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1AAMVAnet is the telecommunications network 

that electronically links the following systems: The 

jurisdictions (motor vehicle Agencies or 

Department of motor vehicles), FMCSA, third-party 

service providers (TPSPs), Canadian interprovincial 

record exchange (IRE) Bridge, Mexican Access 

Node, and the CDLIS central site. 

Library by the means identified in 

ADDRESSES. Copies of the SPM (version 

c.0) may also be obtained through 

AAMVA. Further details and contact 

addresses and telephone numbers are 

provided in proposed § 384.107 in the 

amendatory text of this NPRM. AAMVA 

plans to update this SPM as needed to 

reflect changing legal requirements and 

best practices in the operations of 

CDLIS. Incorporating version c.0 by 

reference, however, should ensure that 

each State complies with the specific 

version required by FMCSA. 

Twenty-six updates distinguish the 

September 2023 edition of the SPM 

(version c.0) from the August 2013 

edition. The incorporation by reference 

of the September 2023 edition does not 

impose new regulatory requirements 

and consequently would neither impose 

costs nor result in quantifiable benefits. 

III. Abbreviations 

AAMVA American Association of Motor 

Vehicle Administrators 

AAMVAnet American Association of Motor 

Vehicle Administrators Network 

ACD AAMVA Code Dictionary 

CBI Confidential Business Information 

CDL Commercial Driver’s License 

CDLIS Commercial Driver’s License 

Information System 

CFR Code of Federal Regulations 

CLP Commercial Learner’s Permit 

CMV Commercial Motor Vehicle 

CMVSA Commercial Motor Vehicle Safety 

Act 

CS Central Site 

CSOR Change of State of Record 

CVP Common Validation Processor 

DACH Drug and Alcohol Clearinghouse 

DGAF Mexican General Directorship of 

Federal Motor Carrier Transportation 

DHR Driver History Record 

DOT Department of Transportation 

EEE Exclusive Electronic Exchange 

ELG Eligible 

E.O. Executive Order 

FHWA Federal Highway Administration 

FMCSA Federal Motor Carrier Safety 

Administration 

FMCSRs Federal Motor Carrier Safety 

Regulations 

FR Federal Register 

LIC Licensed 

MPR Master Pointer Record 

NARA National Archives and Records 

Administration 

NPRM Notice of Proposed Rulemaking 

OSOR Old State of Record 

PDPS Problem Driver Pointer System 

RTD Return to Duty 

SDLA State Driver’s Licensing Agency 

SOC State of Conviction 

SOI State of Inquiry 

SOR State of Record 

SOW State of Withdrawal 

SPEXS State Pointer Exchange Services 

SPM State Procedures Manual 

S2S State-to-State 

The Secretary The Secretary of 

Transportation 

UMRA Unfunded Mandates Reform Act 

U.S.C. United States Code 

IV. Legal Basis 

Section 206 of the Motor Carrier 

Safety Act of 1984 (Pub. L. 98–554, title 

II, 98 Stat. 2832, 2834, codified at 49 

U.S.C. 31136) directed the Secretary of 

Transportation (the Secretary) 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 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, after consultation with the 

States, to prescribe regulations on 

minimum uniform standards for State 

issuance of CDLs. CMVSA also specified 

information States must include on each 

CDL (49 U.S.C. 31308). Congress 

delegated the authorities set forth in the 

Motor Carrier Safety Act of 1984 and the 

CMVSA to FMCSA’s Administrator (see 

49 U.S.C. 113(f)(1); see also section 

1.87(e)–(f)). 

FMCSA, in accordance with 49 U.S.C. 

31308, has authority to prescribe 

procedures and requirements the States 

must adhere to in issuing CDLs and 

commercial learner’s permits (CLPs). 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) through (9), 

(15), (18) through (19), and (21), this 

proposal would require States issuing 

CDLs and CLPs to follow all the 

procedures described in version c.0 of 

the CDLIS SPM when posting, 

transmitting, and receiving all 

information on a CDL driver’s CDLIS 

driver record. 

V. Background 

FMCSA is required by statute to 

maintain an information system that 

serves as the clearinghouse 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,1 Inc. (AAMVAnet) 

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 entered into 

a superseding agreement in 2008, 

discussed below. 

In August 2005, section 4123 of the 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users authorized FMCSA to establish a 

modernization plan for CDLIS (Pub. L. 

109–59, 119 Stat. 1144, 1734, codified 

in part 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 2006 CDLIS Modernization 

Plan, and States’ annual grant 

agreements. FMCSA has awarded 

AAMVA Federal financial assistance 

grants to maintain an active Help Desk 

for the jurisdictions, conduct regularly 

occurring CDLIS training courses for the 


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2The 2008 agreement was amended in 2013, 

however, the amendments did not relate to the 

CDLIS modernization efforts. 

3CDLIS is a nationwide network composed of a 

database that stores information about commercial 

drivers, and the associated hardware and software 

used to manage commercial driver information. 

4A notification is an indicator that a driver’s 

status has changed in the Clearinghouse. 

5The EEE rule compliance date is August 22, 

2024. 

6SDLAs maintain databases, application 

programs, and systems software to support State-toState functions. 

7The State-to-State (S2S) system allows States to 

electronically check with other participating States 

if an individual holds a CDL or CLP in another 

State. 

8The SPEXS central site (CS) facilitates the 

transmission of information from the Clearinghouse 

system to the States. 

9The SDLA jurisdiction that requests information 

about the driver from the State of record (SOR). 

jurisdictions, and provide States with 

regular CDLIS transaction and 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,2 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, Medical Certification 

Requirements as Part of CDL (73 FR 

73096, Dec. 1, 2008). Finally, the 

agreement provides a schedule for 

modernization of the system. The 

updated version c.0 of the SPM 

implements the CDLIS modernization 

effort. 

VI. Discussion of Proposed Rulemaking 

Version c.0 of the CDLIS SPM 

outlines the standard administrative 

practices required of the fifty States and 

the District of Columbia, known as ‘‘the 

jurisdictions,’’ when participating in 

CDLIS. The thirteen Canadian provinces 

and territories and the Mexican General 

Directorship of Federal Motor Carrier 

Transportation (DGAF) will also adopt 

version c.0 of the CDLIS SPM. Version 

c.0 of the SPM supersedes previous 

versions of the CDLIS SPM. 

The primary audiences for this SPM 

(version c.0) are the jurisdictions 

involved in CDL programs, and their 

counterparts in Canada and Mexico, 

including administrative employees 

involved in driver licensing and 

computer technology staff supporting 

CDLIS transactions. The SPM (version 

c.0) contains background information 

about the laws mandating CDLIS and 

discusses types of CDLIS users. The 

SPM (version c.0) also includes 

descriptions, excerpted from the CDLIS 

System Specifications (version c.0), of 

the nationwide computerized dataexchange transactions used to 

electronically record and report driver 

information. Further, the SPM (version 

c.0) 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 SPM (version 

c.0) does not address CDL or CLP 

program requirements outside the scope 

of CDLIS. 

The CDLIS SPM (version c.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 

provide guidance on the information 

system procedures of the CDL program. 

In addition, version c.0 includes 

updates to support changes made to 

CDLIS as a result of the DACH II rule, 

published in October 2021 (81 FR 

87686), and revises procedures to 

support changes made to CDLIS as a 

result of the EEE rule, published in July 

2023 (86 FR 38937). Any references in 

the SPM (version c.0) to the U.S. Code 

or CFR should be confirmed by users. 

The following is a summary of the 

updates introduced in version c.0 of the 

SPM: 

AAMVA released a new version of the 

CDLIS SPM (version c.0) to introduce 

updates to CDLIS,3 as well as new 

administrative practices required by the 

jurisdictions as a result of the DACH II 

final rule. This new version of the SPM 

(version c.0) also revised procedural 

updates pertaining to the EEE final rule 

when a State receives a notification 4 of 

conviction or withdrawal outside CDLIS 

after the EEE compliance date.5

The SPM includes multiple versions; 

however, this proposed rule will focus 

solely on the contents of latest version 

(c.0), which are discussed in more detail 

below. Twenty-six changes in the 2023 

edition of the SPM (version c.0) 

distinguish it from the August 2013 

edition. Of the 26 updates, 24 stem from 

the DACH II final rule and 2 stem from 

the EEE final rule. 

The purpose of DACH II is to improve 

highway safety by ensuring that CLP or 

CDL holders with drug and alcohol 

program violations do not operate a 

CMV until they complete the return to 

duty process (RTD) and can lawfully 

resume driving. DACH II also ensures 

that all SDLAs 6 are able to determine 

whether CMV drivers licensed in their 

State are subject to FMCSA’s CMV 

driving prohibition. The following 

updates were made pursuant to the 

DACH II final rule: 

The first through fourth updates are 

related to the CDLIS system and the 

newly introduced electronic 

transactions. 

1. An update to the DACH II State 

Pointer Exchange Services (SPEXS) 

system was introduced to CDLIS-only 

participants, as well as CDLIS and Stateto-State (S2S) participants.7 The SPEXS 

system is a platform operated by 

AAMVA, that is utilized to locate driver 

information in CDLIS based on 

identifiable information provided by the 

State, to ensure that each driver is 

associated with one license, one 

identity, and one record. The SPM 

(version c.0) adds a functional release 

level to SPEXS, providing specified sets 

of system functionality, thereby 

enabling participants to use the SPEXS 

platform. This helps identify and locate 

a driver’s record and prevents the 

creation of duplicate records for the 

same driver. 

2. As a result of the SPEXS update 

described above, two new transaction 

codes (CD40) and (CD41) were added to 

the CDLIS Solution table, which assigns 

and defines all existing codes in the 

SPEXS system to accomplish a specific 

business function. Each transaction 

facilitates the exchange of data by 

sending a message (in the form of a oneway transmission) carrying driver 

information from one CDLIS node to 

another in the AAMVA network. These 

new transactions will improve the 

functionality of driver record searches 

in CDLIS. The first transaction (CD40) 

enables information to be 

communicated from the central site 

(CS) 8 to the State of record (SOR) via 

the Clearinghouse. The second 

transaction (CD41) enables information 

to be communicated from the State of 

inquiry (SOI) 9 to the Clearinghouse via 

the CS. Both transactions are discussed 

in more detail below. 

3. A new transaction code (CD40) was 

added to table 2 of the CDLIS 

transactions in the SPEXS system to 

obtain Clearinghouse driver status 

updates. The driver status update 

transaction is used to notify the SOR of 

a change in driver status by obtaining 

information from the Clearinghouse 

records. The SPEXS system facilitates 

the transmission of information in the 


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10This applies to States that opt to receive 

notifications from the Clearinghouse. The 

Clearinghouse sends notifications to the States 

whenever there is a change of status in the 

Clearinghouse. States may also opt to use CDLIS to 

receive notifications. 

11The DACH Driver Status Update transaction is 

used to notify the SOR of a change in driver status 

via the Clearinghouse. 

12The jurisdictions are required to query the 

Clearinghouse to receive status updates on a given 

driver prior to issuing, renewing, transferring, or 

upgrading a CDL or CLP starting November 18, 

2024. 

13The DACH II final rule’s compliance date is 

November 18, 2024. 

14The jurisdictions that opt to use the FMCSA 

direct-connect option must refer to https://clearing

house.fmcsa.dot.gov/Resource/Page/SDLAResources page and must directly contact FMCSA 

(clearinghouse@dot.gov) for the implementation of 

this option. 

15The list of eligibility criteria include: a CDLIS 

check, a Problem Driver Pointer System (PDPS) 

form of notifications 10 from the 

Clearinghouse to the States. In this 

transaction, the CS sends a request to 

the Clearinghouse to get a driver status 

for a jurisdiction. The Clearinghouse 

sends all driver status changes to the CS 

in response, and the CS then forwards 

the Clearinghouse notification to the 

requesting State. Finally, the SOR sends 

a receipt to the CS to confirm receipt of 

the notification. When receiving 

information from the CS, the SOR 

interprets it to determine whether a CDL 

or CLP needs to be downgraded, 

upgraded, or reinstated based on the 

Federal minimum requirements and the 

State’s laws and policies, as applicable. 

In certain cases, an error message is 

triggered for this type of transaction. 

This may originate from the CS to the 

Clearinghouse, or from the SOR to the 

CS, if a validation error occurs. An error 

could be triggered if the SOR cannot 

locate the CDL or CLP record or is no 

longer the current SOR, if the driver in 

question is reposed or deceased, and if 

the requested driver is not a CDL or CLP 

holder. The SPM (version c.0) also 

included a diagram (Figure 20) to aid in 

visualizing the driver status update 

process for the CD40 transaction. 

4. A second transaction code (CD41) 

was introduced to table 2 of the CDLIS 

transactions in the SPEXS system to 

enable the SOI to request a driver’s 

current status from the Clearinghouse. A 

change in the driver’s status is caused 

either by an unresolved drug and 

alcohol violation or an erroneous 

violation. In this process, the SOI sends 

a status inquiry to the CS to obtain 

information on the driver’s status. The 

CS then forwards the SOI’s request to 

the Clearinghouse, and the latter sends 

a response to CS. The CS validates and 

forwards the Clearinghouse notification 

to the SOI. When receiving information 

from the CS, the SOI (if it is the SOR) 

interprets the information to determine 

whether a CDL or CLP needs to be 

downgraded, upgraded, or reinstated 

based on the Federal minimum 

requirements and the State’s laws and 

policies, as applicable. If the SOI is not 

the SOR, the SOR interprets the 

information from the CS to determine if 

the applicant has a Clearinghouse 

violation, which would prohibit the 

issuance of a CDL or CLP. 

In certain cases, an error message is 

triggered for this type of transaction. 

This may originate from the CS to the 

Clearinghouse or from the CS to the SOI, 

if a validation error occurs. An error 

would be triggered if the driver status 

inquiry message does not pass the 

validations performed by the CS, if the 

Clearinghouse notification does not pass 

the validations performed by the CS, or 

if any system errors are encountered 

(such as message delivery errors, 

timeout, or software issues). The SPM 

(version c.0) incorporated a diagram 

(Figure 21) to aid in visualizing the 

driver status update process for the 

CD41 transaction. 

Items 5 through 24 are related to the 

processes for the jurisdictions to 

conduct Clearinghouse checks on an 

individual prior to issuing a CDL or CLP 

and the steps they must follow based on 

the results of those checks. 

5. A new bullet item was added to the 

‘‘Procedures for Issuing a CDL or CLP’’ 

section of the SPM (version c.0) to 

establish procedures relating to issuing 

a duplicate CDL or CLP. The purpose of 

this addition is to establish a procedure 

for SDLAs to adopt when issuing a 

duplicate. This new procedure aims to 

reduce the risk of fraud by requiring that 

the jurisdiction issuing a duplicate CLP 

or CDL check the driver’s image on file 

when they appear in-person. 

6. A new section (divided into two 

subsections) was added to establish 

Clearinghouse checks, as a requirement 

for the jurisdictions prior to issuing a 

CDL or CLP. In the first subsection, a 

reference to § 383.73 was included, 

which requires Clearinghouse checks be 

made prior to the issuance of a CDL or 

CLP. 

The second subsection introduced a 

new column to table 4 titled ‘‘CDLIS 

Checks Prior to Issuance’’ to ensure a 

Clearinghouse check to confirm the 

applicant’s eligibility is completed prior 

to the issuance of a CDL or CLP. 

Additionally, Note 3 was added to table 

4 regarding CDL reinstatement 

applications. The note specifies that, 

prior to reinstatement, the jurisdictions 

must have processes in place to ensure 

the driver is not prohibited from 

operating a CMV due to a Clearinghouse 

violation. It also outlines the ways in 

which the jurisdictions can accomplish 

this process by providing options to 

either perform a Clearinghouse check or 

to maintain internal records of 

notifications received from the 

Clearinghouse. 

7. A new section was added on the 

Clearinghouse check requirements. 

First, this section describes the purpose 

of the DACH II final rule and references 

the requirements associated with 

conducting a Clearinghouse check to 

comply with the rule’s provisions. This 

section also addresses the circumstances 

in which States and the jurisdictions 

must complete checks or obtain a record 

using the Clearinghouse prior to issuing 

a CDL or CLP. 

This section also addresses the 

processes for the jurisdictions to 

downgrade the driver’s license when 

notified 11 by the Clearinghouse, or 

when the Clearinghouse query 12

indicates that the driver is prohibited 

from operating a CMV. This would be 

achieved by changing the commercial 

status on the CDLIS driver record from 

‘‘LIC’’ (licensed) to a minimum of 

‘‘ELG’’ (eligible) for CDL holders, and 

similarly changing the permit status 

from LIC to ELG for CLP holders. 

Additionally, the SOR may perform an 

in-State withdrawal for a person with a 

Clearinghouse violation and must 

follow the procedures outlined in the 

SPM (version c.0) to complete the 

withdrawal process. This process is 

further explained in update 15 of the 

SPM (version c.0). 

Lastly, this section includes a note on 

data records for drivers who are in 

prohibited status due to a Clearinghouse 

violation starting January 6, 2020 (the 

original compliance date for initial 

Clearinghouse requirements) and directs 

the jurisdictions to adopt a process to 

retrieve that data. The process provided 

lists two viable options to retrieve data 

either via the FMCSA web portal or by 

contacting FMCSA or AAMVA directly. 

The jurisdictions will have 60 days from 

the compliance date 13 of the DACH II 

final rule to act on such records. 

8. A new section was added to 

describe the procedures for SDLAs to 

connect to the Clearinghouse, as well as 

brief descriptions for each option. The 

jurisdictions may either choose to 

connect to the Clearinghouse using the 

FMCSA direct-connect option 14 (or the 

FMCSA solution), or via the CD40 or 

CD41 transaction (or the CDLIS 

solution). 

9. An update was made to determine 

eligibility for a CDL or CLP by the 

addition of a Clearinghouse check. A 

bullet was added to the list of eligibility 

criteria 15 to prohibit drivers from being 


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check, a 10-year history check, a medical 

qualification check, social security number 

verification and citizenship/lawful permanent 

residency/legal presence, or a Clearinghouse check. 

16The Problem Driver Pointer System (PDPS) is 

a system in which SDLAs provide the National 

Drivers Record with a pointer to a problem driver’s 

history when the driver is convicted of a 

Clearinghouse violation. 

17This online search inquiry is a transaction 

which allows the jurisdictions to perform inquiries 

on multiple drivers, instead of one driver at a time, 

to fulfil their requirement. This process was 

developed as an alternative to the CDLIS online 

search inquiry. 

18The CD04 post requisite determines whether 

any information in the driver’s history precludes it 

from granting a license or requires it to conduct 

additional processing. 

19This describes a change of record transaction 

by transferring a message from the new SOR to the 

CS. 

disqualified again if the driver’s prior 

jurisdiction disqualified and 

subsequently reinstated them. A 

subsection was also added to introduce 

a requirement that the jurisdictions 

query the Clearinghouse prior to 

issuing, renewing, transferring, or 

upgrading a CDL or CLP. 

10. A new section was added to 

clarify the course of action SDLAs must 

take in evaluating the results received 

from the Clearinghouse on a driver’s 

status, or when the jurisdiction queries 

the Clearinghouse. Pursuant to § 383.73, 

the jurisdictions are required to access 

and use information from the 

Clearinghouse and to check the driver’s 

status by querying the Clearinghouse 

prior to issuing, renewing, transferring, 

or upgrading a CDL or CLP. 

Five subsections were added to 

describe a list of reasons why a 

Clearinghouse status may change and 

how SDLAs evaluate the information 

provided by the Clearinghouse. The five 

sections include more detail on the 

Clearinghouse data elements, 

identifying and matching a driver in the 

Clearinghouse, acting on a driver with 

prohibited status, acting on a driver 

with a not prohibited status, and 

Clearinghouse downgrade, which are 

explained below. 

11. The Clearinghouse data elements 

subsection identifies information that a 

jurisdiction must use, including the 

driver’s identifying information (such as 

the driver’s full name, date of birth, CDL 

or CLP number, etc.) and status in the 

Clearinghouse system (if the driver is 

prohibited and, if so, the date that status 

went into effect). A full list of all 

Clearinghouse elements, their 

description and usage are outlined in 

table 10 titled ‘‘Clearinghouse Data 

Elements’’ in the SPM (version c.0). 

12. The second subsection was added 

to provide guidelines for the 

jurisdictions to identify a driver’s 

matching record in the Clearinghouse, 

and to compare Clearinghouse 

information against information from 

other checks (including CDLIS and the 

Problem Driver Pointer System 16

(PDPS)), to ensure action is being taken 

on the correct driver. States may also 

use existing guidelines to determine if a 

Clearinghouse notification is needed for 

the driver in question. 

Additional procedures for States were 

introduced to evaluate which record to 

act upon when multiple records are 

found on the same driver. For instance, 

if more than one CDLIS record is found, 

the SOR must take necessary action on 

the CDLIS record with the most recent 

issue date. If one record is CDLIS and 

another record is non-CDLIS (kept 

outside of the CDLIS system), the SOR 

must take necessary action on the CDLIS 

record as applicable. If one or more nonCDLIS records indicating no history or 

record of a prior CDL or CLP are found, 

the SOR may take necessary action on 

the driver’s CDL or CLP status, as 

applicable. If no record exists in the 

Clearinghouse, no violations will 

prohibit a driver from operating a CMV. 

13. The third subsection addresses 

actions the jurisdictions must take 

against a driver with a prohibited status 

after they are alerted either via 

Clearinghouse notification or as a result 

of a Clearinghouse query. This process 

will prevent prohibited drivers from 

operating a CMV. This subsection lists 

three options for the jurisdictions to 

follow: denial of the driver’s request 

resulting in non-issuance of a CDL or 

CLP, removal of CDL or CLP privileges 

from the driver’s license, or downgrade 

of the driver’s CDL or CLP. 

14. The fourth subsection addresses 

actions the jurisdictions must take when 

the Clearinghouse indicates a driver is 

not prohibited from operating a CMV. 

Pursuant to the DACH II final rule, a 

driver is considered ‘‘not prohibited’’ 

when the driver is no longer prohibited 

from operating a CMV. This occurs after 

the driver completes the RTD 

requirements or if the driver was 

erroneously identified as prohibited. In 

the latter case, the Clearinghouse 

notifies the jurisdiction that the driver’s 

status was based on erroneous 

information. After receiving a 

notification, the jurisdiction will not 

initiate a downgrade process if one has 

not been started. If the jurisdiction has 

already initiated the downgrade process, 

it must terminate it and clear the 

driver’s record of any reference to the 

erroneously identified violation. 

Finally, if the jurisdiction has already 

completed the downgrade process, the 

jurisdiction must expeditiously reinstate 

the driver’s privileges and expunge the 

driver’s record of any reference to the 

erroneously identified violation. The 

jurisdictions must follow a similar 

process when a query indicates the 

driver is not prohibited from operating 

a CMV. 

15. The final subsection addresses 

additional procedures to downgrade the 

commercial driving privilege due to 

Clearinghouse violations. In this case, 

the jurisdictions are subject to a Federal 

requirement to change the commercial 

status of the CDLIS driver record from 

LIC to a minimum of ELG for CDL 

holders, and similarly change the permit 

status from LIC to a minimum of ELG 

for CLP holders. 

This subsection also addresses 

scenarios when a SOR may take 

additional action, such as in-State 

withdrawal, based on the State’s laws 

and/or policies. In this case, the SOR 

must downgrade the driver’s status to 

‘‘NOT’’ (not a CDL or CLP) and use the 

State’s code indicating withdrawal. InState withdrawals must not be 

transmitted to the CDLIS driver history 

record (DHR), which is maintained on 

the jurisdiction’s system. 

The subsection also outlines the 

process for SDLAs performing in-State 

withdrawals to respond to an S2S status 

request (referred to as an SG message), 

history request (referred to as an SB 

message) or change of record request 

(referred to as an SD message). 

Transactions for status requests from 

S2S to the SOR are coded CD30,17

CD04,18 and CD08,19 respectively. In all 

cases, the SOR must respond with the 

current driver status, but must not 

include any details of Clearinghouse instate withdrawal in the CDLIS DHR. 

The first procedure applies to an S2S 

Status Request (CD03, SG message). In 

the CDLIS S2S Status Request, the SOR 

must report the driver status to the SOI 

via SG message. This request enables 

the SOI to obtain status information on 

a CDL holder directly from the SOR 

without inquiring through CDLIS. The 

typical use of this transaction is to 

obtain the status information for a driver 

who was one of several returned as 

matches on a search inquiry. Since 

status requests are not sent when a 

search inquiry results in more than one 

match, the S2S status request gives the 

inquirer a tool for obtaining the status 

for any or all of the matched drivers. 

This request may also be used to verify 

the status of a CDL or CLP when an out 

of State license is presented to a 

jurisdiction. The inquirer may request 

the status for only one driver at a time 

with this request. Upon receipt, the SOR 

validates the driver’s identification 


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20A verification inquiry (CD02) is a request for a 

driver’s Master Pointer Record (MPR) and license 

status. 

21The Master Pointer Record (MPR) is a pointer 

to the jurisdictions that issued the driver’s latest 

CDL or CLP. In CDLIS and SPEXS, the CS keeps a 

MPR for each driver. 

22The ACD is a standardized set of threecharacter codes used to identify either a type of 

conviction or the reason for a withdrawal of driving 

information, retrieves the status 

information, and returns the status 

information to the inquirer. 

The second procedure applies to an 

S2S history request (CD04, SB message). 

In the CDLIS S2S history request the 

SOR or old State of record (OSOR) must 

report the entire driver history to the 

SOI or new State of record (NSOR). An 

S2S history request enables an inquirer 

to obtain the DHR on a CDL holder 

directly from the SOR without inquiring 

through CDLIS. Typically, a jurisdiction 

uses this transaction when a driver is 

considered for a change if State of 

record (CSOR). First, the inquirer 

verifies the driver’s existence in the 

CDLIS CS, license status, and SOR using 

search inquiry, verification inquiry,20 or 

verification inquiry preceding an S2S 

history request. The inquirer may 

request the history for only one driver 

at a time with this request. Upon 

receipt, the SOR validates the driver 

identification information, retrieves the 

DHR, and returns the driver history 

information to the SOI. 

The third procedure applies to a 

CSOR Request (CD08, SD message). In 

the S2S CSOR request processed in 

CDLIS, the SOR or OSOR must report 

the entire driver history to the SOI or 

NSOR. The CSOR transaction is used to 

transfer a DHR from an OSOR to a 

NSOR, and to reflect this change in the 

Master Pointer Record (MPR).21 The 

new jurisdiction officially becomes the 

NSOR when the CSOR request is 

initiated. Simultaneously, the old 

jurisdiction becomes the OSOR. The 

new roles are reflected in the MPR once 

CDLIS retrieves and updates the MPR. 

The CSOR transaction is not used when 

Canadian or Mexican CDL holders move 

to the United States. In these cases, the 

driver is added as a new driver. The 

previous CDL’s jurisdiction code and 

driver’s license number combination 

may be entered in the corresponding 

primary identification data, or ‘‘AKA’’ 

fields. The transaction is also not used 

for United States CDL holders moving to 

Mexico or Canada. When issuing any 

type of license to a driver, if the driver 

has a CDLIS MPR at the CS, the new 

licensing jurisdiction must initiate the 

CSOR and accept responsibility of the 

pointer as the NSOR. 

The NSOR sends a CSOR update 

message to CDLIS upon receipt of the 

CSOR update message, and CDLIS will 

validate the driver identification 

information in the message. If the NSOR 

is changing the driver’s name, date of 

birth, and/or social security number, 

CDLIS checks to see if any drivers can 

be considered possible duplicates for 

the new driver. If so, CDLIS issues 

notifications of possible duplicate driver 

to all SORs affected, including the SOR 

that submitted the CSOR update 

message. CDLIS retrieves the driver’s 

MPR, updates it by noting the initiator 

of the CSOR transaction as the NSOR 

and the recipient of the CSOR request as 

the OSOR. After CDLIS returns a 

confirmation to the NSOR, it sends a 

DHR request to the OSOR. Upon receipt 

of the DHR request, the OSOR: validates 

the message data, retrieves the DHR, and 

adds the NSOR’s jurisdiction code and 

driver’s license number to its DHR. This 

enables the OSOR to respond to status 

and history requests from the NSOR 

until such time as the CSOR is 

complete, and to return driver history 

information to the NSOR. 

The CDLIS Common Validation 

Processor (CVP) is a function of CDLIS 

which performs edits on the history 

information before forwarding it to the 

NSOR. Upon receipt of the response 

message from the OSOR via the CDLIS 

CVP, the NSOR performs any required 

additional validations not already 

performed by the CDLIS CVP. Within 96 

hours of receipt of the information, the 

NSOR creates the DHR and posts the 

history, and sends a confirmation to 

CDLIS. Upon receipt of the confirmation 

from the NSOR, CDLIS validates the 

information, verifies that the 

information matches the updated MPR, 

and sends confirmations to both the 

NSOR and OSOR validating the CSOR is 

complete. 

A process is also set in place for the 

change of record requests from the 

OSOR to the NSOR. Both SORs have 

specific responsibilities while a CSOR is 

being processed. The transaction is 

initiated when the OSOR receives an SD 

message from the CDLIS CS. When the 

CSOR is processing, the OSOR must not 

respond to status or history requests for 

that driver, except those received from 

the NSOR. The OSOR must respond 

with an error to all other inquiring the 

jurisdictions and clearly annotate that 

the driver record is no longer associated 

with the SOR. The OSOR must also 

annotate the driver’s record to indicate 

the NSOR’s jurisdiction code and driver 

license number. After the NSOR 

receives the ‘‘Confirm CSOR inProgress’’ (CG) message, the CDLIS CS 

sets an internal flag that the CSOR is in 

progress. The NSOR then becomes the 

driver’s SOR and must respond to all 

status and history requests for that 

driver. 

16. New procedures were introduced 

for the NSOR and OSOR during and 

after the CSOR process outlining the 

appropriate course of action when the 

OSOR performs an in-State withdrawal 

due to a Clearinghouse violation and a 

CSOR is taking place. An in-State 

withdrawal is performed when an SDLA 

initiates a withdrawal of a driver’s CDL 

or CLP due to a Clearinghouse violation 

against a jurisdiction’s State laws and/ 

or policies. 

The first procedure applies to the 

OSOR when the following applies in the 

DHR: the driver’s commercial status is 

designated as ‘‘NOT,’’ the DHR only 

consists of an open in-State withdrawal 

due to a Clearinghouse violation, and 

the driver’s record does not have any 

other open convictions and/or 

withdrawals. In this case, the OSOR 

must have in-State procedures in place 

to reinstate the driver’s commercial 

status to ELG upon receipt of the CSOR 

history request (SD message). 

The second procedure applies to the 

OSOR when the DHR with the driver’s 

commercial status is designated as 

‘‘NOT,’’ and the DHR consists of an 

open in-State withdrawal along with 

other convictions and/or withdrawals. 

In this case, the OSOR must have inState procedures in place to reinstate 

only the Clearinghouse in-State 

withdrawal and follow existing Federal 

and State guidelines for convictions and 

withdrawals. 

The third update is applicable when 

the driver has obtained a NSOR. In this 

case, the NSOR must respond to all 

status and history requests for that 

driver. Procedures are also set in place 

for the NSOR when a Clearinghouse 

violation is found. In this case, the 

NSOR must follow the procedures 

described in update 12 to determine 

whether the driver is eligible for a CDL 

or CLP. 

17. New procedures were added to 

enable SDLAs to respond to an S2S 

status request, S2S history request, and 

CSOR request. This procedure also 

requires that the SDLAs must not 

transmit Clearinghouse withdrawals on 

the CDLIS DHR. In the S2S status 

request, the SOR must report the driver 

status to the SOI, as specified in CD03. 

In the S2S history request and CSOR 

requests, the SOR or OSOR must report 

the entire driver history to the SOI or 

SOR as specified in CD04 and CD08 

transactions. A SOR must send the 

entire AAMVA Code Dictionary 

(ACD) 22 history when responding to a 

CSOR or history request. 


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privileges. The ACD provides a single list of all 

codes that all the jurisdictions can understand and 

removes the need for a jurisdiction to map their 

laws and rules to the laws and rules of every other 

jurisdiction. 

23The National Driver Registry is a central 

repository for collecting, maintaining, and 

distributing information of all drivers whose 

driving privileges were suspended, revoked, or 

denied by a State due to a Clearinghouse violation. 

24Retention requirements are the time periods 

that a jurisdiction must keep specific types of data, 

such as conviction data. 

25The ‘‘ACD conviction’’ is an adjudication of 

guilt for a traffic-safety or Federally mandated 

violation, as defined by FMCSA. The ACD is 

available on the internet at https://www.aamva.org/ 

technology/technology-standards/acd. 

When the SOR receives an S2S SG 

message for the driver, the SOR must 

respond with the current CDL status and 

must not include any details of 

Clearinghouse in-State withdrawal in 

the CDLIS DHR. 

When the SOR receives an S2S SB 

message, for the driver, the SOR must 

respond with the current CDL status and 

history but must not include any details 

of Clearinghouse in-State withdrawal in 

the CDLIS DHR. 

When a SOR receives a CSOR request, 

or SD message for the driver, States 

must refer to the procedures outlining 

OSOR and NSOR responsibilities 

outlined in update 15. 

18. An update to the procedures set 

out for SDLAs to follow when a driver 

applies for reinstatement was included 

in the SPM (version c.0). Additionally, 

AAMVA incorporated FMCSA’s 

guidance requiring SDLAs to have a 

process in place to ensure the driver is 

not prohibited from operating a CMV 

due to a Clearinghouse violation prior to 

reinstatement. To comply with this 

requirement, the jurisdictions may 

perform a Clearinghouse check or 

maintain records of notifications 

received from the Clearinghouse. 

19. Procedures were also added for 

the jurisdictions to perform a 

Clearinghouse query on the driver prior 

to issuing, reinstating, renewing, 

upgrading, or transferring a CDL or CLP. 

When an individual applies for a CDL 

or CLP, the jurisdictions must initiate a 

search inquiry in CDLIS, the National 

Driver Registry,23 and the Clearinghouse 

no earlier than 24 hours prior to 

issuance. This search process confirms 

that no matches already exist for an 

individual, and whether a violation has 

been recorded. The jurisdictions must 

also initiate a 10-year history check for 

a new CLP or CDL applicant. The PDPS 

State Procedures Manual provides more 

detail on conducting and recording the 

10-year history check. 

Additional procedures also apply to 

when a driver applies for reinstatement 

of a CDL or CLP. This may occur when 

a SOR withdraws the driver’s CDL or 

CLP and the driver applies for 

reinstatement at the end of the 

withdrawal period. After being 

reinstated, the driver needs to apply for 

a new license, and the jurisdiction must 

follow procedures to complete a search 

inquiry (as described above) and refer to 

the added documentation (the PDPS 

State Procedures Manual) for more 

detail about conducting the 10-year 

history check. 

The jurisdictions must also conduct a 

check following the same procedures 

when a driver applies for a renewal of 

their CDL or CLP, using the additional 

PDPS documentation to conduct and 

record the 10-year history check. The 

same process applies to drivers 

changing the jurisdictions if they have 

not completed the 10-year history 

check. 

Additional procedures were updated 

to establish rules for managing and 

maintaining driver records in the MPR 

and DHR. In accordance with Federal 

regulations, a DHR and associated MPR 

are required for three types of U.S. 

drivers. The first type of driver is a 

current CDL or CLP holder, the second 

is an individual who has previously 

held (but no longer holds) a CDL or CLP 

(and data retention requirements 24 have 

not been met), and the third is a non 

CDL or CLP holder who has been 

convicted of a violation (and data 

retention requirements have not been 

met). The SOR is responsible for 

maintaining the MPR and DHR for each 

of its drivers and ensuring the records 

are complete and accurate. The SOR 

cannot delete the MPR of a former or 

non-CDL or CLP holder until: 

1—1 year has passed since CDL or 

CLP expiration; 

2—The driver is reported deceased or 

the driver’s license has been 

downgraded to non-commercial; or 

3—All DHR retention requirements 

are met. 

The SOR will delete a MPR based on 

whichever period is greater. The ACD 

provides additional detail on retention 

requirements for convictions 25 and 

withdrawals, as well as retention 

requirement details. The SOR may also 

use this SPM (version c.0) to reevaluate 

whether to continue maintaining the 

record of a deceased driver after 10 

years or more have passed since the 

driver was reported deceased. 

20. Procedures were added for 

performing a Clearinghouse query when 

a driver applies for the initial issuance 

or renewal of a hazardous materials 

endorsement. In such cases, the 

jurisdictions must submit search 

requests and are provided with the 

latest version of the SPEXS System 

Specification document as a guide to aid 

them in conducting a verification query 

using the CDLIS CS. The jurisdictions 

are also provided guidance on how to 

proceed based on the driver’s search 

results in the Clearinghouse, as 

described in the previous SPM (version 

c.0) updates. 

21. Procedures were added for the 

jurisdictions to perform a Clearinghouse 

check to determine the driver’s 

eligibility prior to transferring a CDL. 

This includes conducting a search 

inquiry on a driver and determining a 

course of action based on the results of 

the Clearinghouse check, as described in 

the previous SPM (version c.0) updates. 

The SPEXS System Specification 

manual provides additional information 

on conducting a search in CDLIS. 

22. A new section was added to 

include procedures to evaluate if 

matching records exist for an applicant 

in the Clearinghouse, and whether those 

are in fact associated with the applicant. 

If a Clearinghouse query ‘‘returns a 

record,’’ this indicates a violation 

prohibiting the driver from operating a 

CMV may or may not be found. If a 

record is found, the CDL or CLP 

applicant is considered a ‘‘match.’’ In 

this case, the jurisdictions must follow 

guidance for evaluating Clearinghouse 

results, as described in previous SPM 

(version c.0) updates. Additionally, the 

jurisdictions must confirm that the 

record is associated with the applicant. 

The jurisdictions are also provided 

guidance for maintaining the driver’s 

record if the individual moves to 

another jurisdiction. If a record is not 

found, the applicant is ‘‘not returned as 

a match.’’ 

23. An update was also added for the 

jurisdictions when no match is found 

for a driver in the Clearinghouse, CDLIS, 

or PDPS. If a violation record is not 

found in the Clearinghouse, the 

applicant is ‘‘not returned as a match.’’ 

In that case, a jurisdiction can issue a 

CDL. In addition, the jurisdiction must 

add the driver to CDLIS within a 10-day 

period beginning the date of license 

issuance, per §§ 383.73(h) and 

384.207(a). The jurisdictions are 

provided guidance on using the SPEXS 

system to aid in utilizing CDLIS. 

If no matches are returned form the 

verification inquiry in CDLIS, there is 

no error in CDLIS. The fact that the 

driver is requesting renewal indicates 

the driver should have an MPR on the 

CDLIS CS. The jurisdictions must 

contact the AAMVA operations help 

desk for assistance in determining why 

this situation occurred. No matches 

from PDPS indicates there are no 


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26The SDLA jurisdiction which convicts a driver 

and maintains the original record of the conviction. 

27The SDLA jurisdiction which withdraws a 

driver and maintains the original record of the 

withdrawal. 

28W000 is the code used to indicate a 

withdrawal. 

29Out-of-State convictions and withdrawals 

include the fifty States and the District of Columbia. 

problems with the driver. A no match 

from the Clearinghouse for a driver 

indicates there are no Clearinghouse 

violations that prohibit the driver from 

operating a CMV. 

If the search inquiry or verification 

inquiry transactions return no matches 

from CDLIS for the driver, there is an 

error in CDLIS. The fact that the driver 

is requesting a CSOR indicates that the 

driver should have an MPR on the 

CDLIS CS. The jurisdictions must 

contact AAMVA operations help desk 

for assistance in resolving this situation. 

24. Procedures were added for SDLAs 

to follow when a State performs an inState withdrawal due to a Clearinghouse 

violation based on lack of compliance 

with the State’s law or policies. This 

section includes three main procedures. 

The first procedure applies to the OSOR 

when the DHR only consists of an openstate withdrawal due to a Clearinghouse 

violation. The second procedure applies 

to the OSOR when the DHR includes an 

open in-State withdrawal due to a 

Clearinghouse violation along with 

other open convictions and/or 

withdrawals. The final procedure 

applies to the NSOR if a Clearinghouse 

violation is found. 

In the third instance mentioned 

above, the SOR must use a State native 

code, which is only used for State 

violations, to perform the Clearinghouse 

in-State withdrawal. This type of 

withdrawal must not be transmitted in 

the CDLIS DHR. The jurisdictions 

performing these withdrawals must 

downgrade the CDL by removing the 

commercial driving privilege by 

changing the commercial status on the 

CDLIS driver record from LIC to a 

minimum of ELG for CDL holders, and 

similarly changing the permit status 

from LIC to a minimum to ELG for CLP 

holders. 

The items below describing updates 

number 25 and 26 were made pursuant 

to the EEE final rule and will take effect 

beginning August 22, 2024. The EEE 

final rule codifies the statutory 

requirement for SDLAs to implement a 

system and practices for the exclusively 

electronic exchange of DHR information 

through CDLIS. This includes the 

posting of convictions, withdrawals, 

and disqualifications. 

25. Updates were made to the 

procedures requiring the State of 

conviction (SOC) 26 or State of 

withdrawal (SOW) 27 to work with the 

SOR to ensure the timely posting of 

convictions and withdrawals when 

received outside CDLIS. In all cases, the 

jurisdictions must ensure convictions 

are reported to the SOR within time 

frames set out in §§ 384.208 and 

384.209. The SOC must report 

convictions for out-of-State drivers, 

including failures of out-of-State drivers 

to appear, pay, or comply, within 10 

days of the conviction date. The SOR 

has 10 days from the receipt date of an 

out-of-State conviction to post the 

conviction to the driver’s record. The 

SOR has 10 days from the conviction 

date to post an in-State conviction. With 

the exception of ‘‘W00’’ 28 withdrawals, 

the SOR must record all withdrawals 

received from another jurisdiction on 

the CDLIS DHR. Additionally, the 

jurisdictions have the ability to contact 

the AAMVA help desk for assistance. 

26. The procedures requiring the 

OSOR to work with the NSOR to ensure 

the timely posing of convictions and 

withdrawals when received outside 

CDLIS were updated within the 10-day 

timeframe described above. If an OSOR 

receives an out-of-State conviction or 

withdrawal 29 outside of CDLIS for a 

driver with a CDLIS driver record, the 

OSOR and SOR or SOW must work 

together to ensure the conviction or 

withdrawal is posted promptly on the 

CDLIS driver record. A second update 

directs either the OSOR, NSOR, SOC, or 

SOW to request assistance from 

AAMVA’s help desk, if necessary. 

VII. Severability 

Section 206 of MCSA (Pub. L. 98–554, 

title II, 98 Stat. 2832, 2834, codified at 

49 U.S.C. 31136) directed the Secretary 

to regulate CMVs and the drivers and 

motor carriers that operate them. 

FMCSA is further 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. 

The purpose of this rulemaking is to 

incorporate by reference version c.0 of 

the AAMVA SPM outlining guidance on 

the use of CDLIS. The provisions within 

the SPM (version c.0) are intended to 

operate holistically in addressing a 

range of issues necessary to ensure 

compliance with the information system 

procedures of the commercial driver’s 

license program. However, FMCSA 

recognizes that certain provisions focus 

on unique topics. FMCSA finds that the 

various provisions within the SPM 

(version c.0) would be severable and 

able to operate functionally if one or 

more provisions were rendered null or 

otherwise eliminated. The remaining 

provision or provisions within the SPM 

(version c.0) would continue to operate 

functionally if any one or more 

provisions were invalidated and any 

other provision(s) remained. In the 

event a court were to invalidate one or 

more of the SPM’s unique provisions, 

the remaining provisions should stand. 

VIII. Section-by-Section Analysis 

Part 384 

Section 384.107. The Agency would 

revise paragraph (b) to incorporate by 

reference version c.0 of the CDLIS SPM. 

Section 384.301. The Agency would 

add, as a conforming amendment, a new 

paragraph (p) specifying that the State 

must comply with the requirements of 

this rule by August 22, 2024. 

IX. Regulatory Analyses 

A. Executive Order (E.O.) 12866 

(Regulatory Planning and Review), E.O. 

13563 (Improving Regulation and 

Regulatory Review), E.O. 14094 

(Modernizing Regulatory Review), and 

DOT Regulatory Policies and Procedures 

FMCSA has considered the impact of 

this NPRM under E.O. 12866 (58 FR 

51735, Oct. 4, 1993), Regulatory 

Planning and Review, E.O. 13563 (76 FR 

3821, Jan. 21, 2011), Improving 

Regulation and Regulatory Review, and 

E.O. 14094 (88 FR 21879, Apr. 11, 2023) 

Modernizing Regulatory Review. The 

Office of Information and Regulatory 

Affairs within the Office of Management 

and Budget (OMB) determined that this 

NPRM is not a significant regulatory 

action under section 3(f) of E.O. 12866, 

as supplemented by E.O. 13563 and 

amended by E.O. 14094 and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

order. Accordingly, OMB has not 

reviewed it under that E.O. 

This proposed rule updates the 

‘‘American Association of Motor 

Vehicle Administrators, Inc. 

Commercial Driver’s License 

Information System State Procedures 

Manual, Version c.0’’ manual. 

Specifically, it includes changes 

introduced to the FMCSRs as a result of 

the EEE and DACH II final rules. The 

proposed rule solely defines processes 

and procedures which ensure that other 

regulations are uniformly implemented 

and imposes no new regulatory 

requirements. The rule would impose 

no new costs, and any benefits that 


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Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 12809 

30A major rule means any rule that the OMB 

finds has resulted in or is likely to result in (a) an 

annual effect on the economy of $100 million or 

more; (b) a major increase in costs or prices for 

consumers, individual industries, geographic 

regions, Federal, State, or local government 

agencies; or (c) significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the ability of United 

States-based enterprises to compete with foreignbased enterprises in domestic and export markets 

(5 U.S.C. 802(4)). 

31Public Law 104–121, 110 Stat. 857, (Mar. 29, 

1996). 

32Public Law 108–447, 118 Stat. 2809, 3268, note 

following 5 U.S.C. 552a (Dec. 4, 2014). 

33Public Law 107–347, sec. 208, 116 Stat. 2899, 

2921 (Dec. 17, 2002). 

would result from it are expected to be 

de minimis. 

B. Congressional Review Act 

This rulemaking is not a major rule as 

defined under the Congressional Review 

Act (5 U.S.C. 801–808).30

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.), as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996,31 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 comprise 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 

any adverse effects on these businesses. 

When an Agency issues a proposed 

rule, the RFA requires the Agency to 

‘‘prepare an initial regulatory flexibility 

analysis’’ that will describe the impact 

of the proposed rule on small entities (5 

U.S.C. 604(a)). Section 605 of the RFA 

allows an agency to certify a rule, 

instead of preparing an analysis, if the 

rule is not expected to have a significant 

impact on a substantial number of small 

entities. This rulemaking incorporates 

by reference the September 2023 edition 

of the AAMVA CDLIS SPM (version 

c.0). The changes to the 2023 edition of 

the AAMVA CDLIS SPM (version c.0) 

from the 2013 edition are intended to 

ensure clarity in the presentation of the 

SDLA conditions and are generally 

editorial or ministerial. As noted above, 

FMCSA does not expect the changes 

made in the 2023 edition of the AAMVA 

CDLIS SPM (version c.0) to impose new 

costs or to result in quantifiable 

benefits, as it imposes no new 

regulatory requirements. The editorial 

and ministerial changes that would 

result from this proposed rule apply to 

SDLA processes and procedures; SDLAs 

are not small entities. Consequently, I 

certify that this proposed rule 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 (Pub. 

L. 104–121, 110 Stat. 857), FMCSA 

wants to assist small entities in 

understanding this proposed rule so 

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 person 

listed under FOR FURTHER INFORMATION

CONTACT. 

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 

(Office of the National Ombudsman, see 

https://www.sba.gov/about-sba/ 

oversight-advocacy/office-nationalombudsman) 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) (UMRA) 

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 

$192 million (which is the value 

equivalent of $100 million in 1995, 

adjusted for inflation to 2022 levels) or 

more in any 1 year. Though this NPRM 

would not result in such an 

expenditure, and the analytical 

requirements of UMRA do not apply as 

a result. 

F. Paperwork Reduction Act 

This proposed rule contains no new 

information collection requirements 

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 E.O. 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 has determined that this 

rulemaking 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 rulemaking does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Impact Statement. 

H. Privacy 

The Consolidated Appropriations Act, 

2005,32 requires the Agency to assess 

the privacy impact of a regulation that 

will affect the privacy of individuals. 

This NPRM would not require the 

collection of personally identifiable 

information (PII). 

The Privacy Act (5 U.S.C. 552a) 

applies only to Federal agencies and any 

non-Federal agency that receives 

records contained in a system of records 

from a Federal agency for use in a 

matching program. 

The E-Government Act of 2002,33

requires Federal agencies to conduct a 

PIA for new or substantially changed 

technology that collects, maintains, or 

disseminates information in an 

identifiable form. No new or 

substantially changed technology would 

collect, maintain, or disseminate 

information as a result of this 

rulemaking. Accordingly, FMCSA has 

not conducted a PIA. 

In addition, the Agency submitted 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 was adjudicated by DOT’s Chief 

Privacy Officer on Jan. 4, 2024. 

I. E.O. 13175 (Indian Tribal 

Governments) 

This rulemaking 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 


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12810 Federal Register / Vol. 89, No. 34 / Tuesday, February 20, 2024 / Proposed Rules 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

J. National Environmental Policy Act of 

1969 

FMCSA analyzed this proposed rule 

pursuant to the National Environmental 

Policy Act of 1969 (NEPA) (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), 

Appendix 2, paragraphs 6(s) and (t) of 

the order (69 FR 9703). The categorical 

exclusions in paragraphs 6(s) and (t) 

cover regulations regarding the CDL and 

related activities to assure CDL 

information is exchanged between 

States. The proposed requirements in 

this rule are covered by these CEs. 

K. Rulemaking Summary 

As required by 5 U.S.C. 553(b)(4), a 

summary of this rulemaking can be 

found in the Abstract section of the 

Department’s Unified Agenda entry for 

this rulemaking at https://www.reginfo.

gov/public/do/eAgendaMain. 

List of Subjects in 49 CFR Part 384 

Administrative practice and 

procedure, Alcohol abuse, Drug Abuse, 

Highway safety, Incorporation by 

reference, and Motor carriers. 

In consideration of the foregoing, 

FMCSA proposes to amend 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. 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. 

■ 2. Revise § 384.107 to read as follows: 

§ 384.107 Matter incorporated by 

reference. 

(a) Incorporation by reference. Certain 

material is incorporated by reference 

into this part with the approval of the 

Director of the Federal Register under 5 

U.S.C. 552(a) and 1 CFR part 51. All 

approved incorporation by reference 

(IBR) material is available for inspection 

at FMCSA and at the National Archives 

and Records Administration (NARA). 

Contact FMCSA at the Department of 

Transportation Library, 1200 New Jersey 

Ave. SE, Washington, DC 20590–0001; 

(202) 366–0746 . For information on the 

availability of this material at NARA, 

visit www.archives.gov/federal-register/ 

cfr/ibr-locations or email fr.inspection@

nara.gov. The material may be obtained 

from the sources in the following 

paragraph of this section. 

(b) The American Association of 

Motor Vehicle Administrators 

(AAMVA), 4401 Wilson Boulevard, 

Suite 700, Arlington, VA 22203; (703) 

522–1300; www.aamva.org. 

(1) ‘‘Commercial Driver’s License 

Information System (CDLIS) State 

Procedures Manual,’’ Version c.0, 

September 2023; approved for 

§§ 384.225(f) and 384.231(d). 

(2) [Reserved] 

■ 3. Amend § 384.301 by adding 

paragraph (p) to read as follows: 

§ 384.301 Substantial compliance— 

general requirements. 

* * * * * 

(p) A State must come into substantial 

compliance with the requirements of 

subpart B of this part, which is effective 

as of [EFFECTIVE DATE OF FINAL 

RULE], as soon as practicable, but not 

later than August 22, 2024. 

Issued under authority delegated in 49 CFR 

1.87. 

Sue Lawless, 

Acting Deputy Administrator. 

[FR Doc. 2024–03191 Filed 2–16–24; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[RTID 0648–XD481] 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Amendment 21 to the Coastal Pelagic 

Species Fishery Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of an 

amendment to a fishery management 

plan; request for comments. 

SUMMARY: The Pacific Fishery 

Management Council has submitted 

Amendment 21 to the Coastal Pelagic 

Species (CPS) Fishery Management Plan 

(FMP) for review by the Secretary of 

Commerce. If approved, Amendment 21 

would make a number of nonsubstantive, administrative changes to 

the CPS FMP including defining 

acronyms upon first use, adding 

hyperlinks, removing repetitive 

language, and rearranging sections for 

clarity and logical sequence. These 

changes, colloquially referred to as 

‘‘housekeeping’’ changes, would not 

change the management of the fishery. 

This proposed amendment is intended 

to promote the goals and objectives of 

the Magnuson-Stevens Fishery 

Conservation and Management Act, the 

CPS FMP, and other applicable laws. 

NMFS will consider public comments 

in deciding whether to approve, 

disapprove, or partially approve 

Amendment 21. 

DATES: Comments on the notice of 

availability must be received by April 

22, 2024 to be considered in the 

decision whether to approve, 

disapprove, or partially approve 

Amendment 21. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2023–0134, by the following 

method: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and type 

NOAA–NMFS–2023–0134 in the Search 

box (note: copying and pasting the 

FDMS Docket Number directly from this 

document may not yield search results). 

Click the ‘‘Comment’’ icon, complete 

the required fields, and enter or attach 

your comments. 

Instructions: Comments must be 

submitted by the above method to 

ensure that the comments are received, 

documented, and considered by NMFS. 

Comments sent by any other method, to 

any other address or individual, or 

received after the end of the comment 

period, may not be considered. All 

comments received are a part of the 

public record and will generally be 

posted for public viewing on https://

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the sender will be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

Electronic Access 

This rule is accessible via the internet 

on the Office of the Federal Register 

website at https://www.federalregister.

gov/. Additionally, background 

information and documents are 

available on the Pacific Fishery 

Management Council’s website at 


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