13192 Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action does 

not have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629; February 16, 1994). 

The EPA performed a demographic 

analysis of the Stationary Combustion 

Turbine source category for the RTR, 

which is an assessment of risks to 

individual demographic groups of the 

populations living within 5 kilometers 

(km) and within 50 km of the facilities. 

The documentation for the analysis can 

be found in the technical report, Risk 

and Technology Review—Analysis of 

Demographic Factors for Populations 

Living Near Stationary Combustion 

Turbines Source Category Operations 

(Document ID No. EPA–HQ–OAR– 

2017–0688–0071). In the analysis, the 

EPA evaluated the distribution of HAPrelated cancer and noncancer risks from 

Stationary Combustion Turbine source 

category emissions across different 

demographic groups within the 

populations living near facilities. The 

results of that analysis indicated that 

there is not a disproportionately high 

and adverse human health or 

environmental effects on minority 

populations, low-income populations, 

and/or indigenous peoples. This action 

will further reduce the risks from the 

source category emissions. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Reporting and 

recordkeeping requirements. 

Michael S. Regan, 

Administrator. 

For the reasons set forth in the 

preamble, 40 CFR part 63 is amended as 

follows: 

PART 63—NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR SOURCE 

CATEGORIES 

■ 1. The authority citation for part 63 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart YYYY—National Emission 

Standards for Hazardous Air Pollutants 

for Stationary Combustion Turbines 

■ 2. Section 63.6095 is amended by 

adding paragraphs (a)(3) and (a)(4) and 

removing paragraph (d) to read as 

follows: 

§ 63.6095 When do I have to comply with 

this subpart? 

(a) * * * 

(3) If you start up a new or 

reconstructed stationary combustion 

turbine which is a lean premix gas-fired 

stationary combustion turbine or a 

diffusion flame gas-fired stationary 

combustion turbine as defined by this 

subpart on or before March 9, 2022, you 

must comply with the emissions 

limitations and operating limitations in 

this subpart no later than March 9, 2022. 

(4) If you start up a new or 

reconstructed stationary combustion 

turbine which is a lean premix gas-fired 

stationary combustion turbine or a 

diffusion flame gas-fired stationary 

combustion turbine as defined by this 

subpart after March 9, 2022, you must 

comply with the emissions limitations 

and operating limitations in this subpart 

upon startup of your affected source. 

* * * * * 

[FR Doc. 2022–04848 Filed 3–8–22; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 385, 390, and 391 

[Docket No. FMCSA–2018–0224] 

RIN 2126–AC15 

Record of Violations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: FMCSA amends its 

regulations to eliminate the requirement 

that drivers operating commercial motor 

vehicles (CMVs) in interstate commerce 

prepare and submit a list of their 

convictions for traffic violations to their 

employers annually. This requirement is 

largely duplicative of a separate rule 

that requires each motor carrier to make 

an annual inquiry to obtain the motor 

vehicle record (MVR) for each driver it 

employs from every State in which the 

driver holds or has held a CMV 

operator’s license or permit in the past 

year. To ensure motor carriers are aware 

of traffic convictions for a driver who is 

licensed by a foreign authority rather 

than by a State, the Agency amends the 

rule to provide that motor carriers must 

make an annual inquiry to each driver’s 

licensing authority where a driver holds 

or has held a CMV operator’s license or 

permit. 

DATES: This final rule is effective May 9, 

2022. 

Comments on the information 

collections in this final rule must be 

submitted to the Office of Information 

and Regulatory Affairs (OIRA) at the 

Office of Management and Budget 

(OMB) by April 8, 2022. 

Petitions for Reconsideration of this 

final rule must be submitted to the 

FMCSA Administrator no later than 

April 8, 2022. 

ADDRESSES: Comments and 

recommendations for the proposed 

information collections should be sent 

within 30 days of publication of this 

final rule to https://www.reginfo.gov/ 

public/do/PRAMain. Find the particular 

information collection by selecting 

‘‘Currently under Review—Open for 

Public Comments’’ or by using the 

search function. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, Office of Driver and 

Carrier Operations, MCPSD, Federal 

Motor Carrier Safety Administration, 

1200 New Jersey Avenue SE, 

Washington, DC 20590–0001; (202) 366– 

4325; MCPSD@dot.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is organized as follows: 

I. Availability of Rulemaking Documents 

II. Executive Summary 

A. Purpose and Summary of the Final Rule 

B. Costs and Benefits 

III. Abbreviations 

IV. Legal Basis for the Rulemaking 

V. Discussion of Proposed Rule 

VI. Discussion of Comments and Responses 

A. Comment Overview 

B. Safety Concerns Relating to the 

Elimination of § 391.27 

C. Availability, Timeliness, and Accuracy 

of Driving Histories 

D. Reporting of All Traffic Citations and 

Violations 

E. Traffic Conviction Notification 

Requirement for Non-CDL Drivers 

F. Obtaining MVRs From Foreign Driver’s 

Licensing Authorities 

G. Impact on Driver Qualification Files 

H. Changes to § 391.23(b) 

I. Employer Notification Services (ENS) 

J. Reporting of Traffic Violations Generally 

K. Outside the Scope of the Rulemaking 

VII. Guidance 

A. Section 391.23 Investigation and 

Inquiries 

B. Section 391.25 Annual Inquiry and 

Review of Driving Record 

C. Section 391.27 Record of Violations 

VIII. Changes From the NPRM 

IX. International Impacts 


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1For purposes of part 391, the term ‘‘State’’ 

includes the District of Columbia (49 CFR 390.5T). 

2Available at https://www.fmcsa.dot.gov/sites/ 

fmcsa.dot.gov/files/2020-10/FMCSA%20Pocket

%20Guide%202020-v8-FINAL-10-29-2020.pdf (last 

accessed Oct. 22, 2021). 

3FMCSA’s 2020 Pocket Guide to Large Truck and 

Bus Statistics shows that 350 non-North American 

motor carriers are registered to operate in the 

United States (see Table 1–10). They report 

employing a total of 1,255 drivers, which is a de 

minimis number when compared to the 6.8 million 

CMV drivers operating in the United States. It is 

very rare for domestic motor carriers to employ 

drivers licensed by a non-North American 

authority. Therefore, the focus of FMCSA’s analysis 

is on drivers licensed by Canadian and Mexican 

driver’s licensing authorities. 

4Motor carriers typically must pay driver’s 

licensing authorities to request MVRs. The current 

OMB-approved information collection associated 

with the reporting and recordkeeping requirements 

of §§ 391.23 and 391.25 estimates the cost incurred 

by motor carriers to request MVRs based on the 

median fee for the 51 State driver’s licensing 

agencies (SDLAs). The median fee used in this 

analysis is based on the 51 SDLAs and Canadian 

licensing authorities’ fees (there is no fee to request 

MVRs in Mexico). The median fee is $9 with or 

without the Canadian authorities’ fees. Thus, this 

new requirement imposes no new costs on motor 

carriers. 

X. Section-by-Section Analysis 

A. Part 385 

B. Part 390 

C. Part 391 

XI. Regulatory Analyses 

A. Executive Order (E.O.) 12866 

(Regulatory Planning and Review), E.O. 

13563 (Improving Regulation and 

Regulatory Review), and DOT Regulatory 

Policies and Procedures 

B. Congressional Review Act 

C. Regulatory Flexibility Act (Small 

Entities) 

D. Assistance for Small Entities 

E. Unfunded Mandates Reform Act of 1995 

F. Paperwork Reduction Act (Collection of 

Information) 

G. E.O. 13132 (Federalism) 

H. Privacy 

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

J. National Environmental Policy Act of 

1969 

I. Availability of Rulemaking 

Documents 

To view any documents mentioned as 

being available in the docket, go to 

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

FMCSA-2018-0224/document and 

choose the document to review. To view 

comments, click this final rule, then 

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

have access to the internet, you may 

view the docket online by visiting 

Dockets Operations in Room W12–140 

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. 

II. Executive Summary 

A. Purpose and Summary of the Final 

Rule 

In this final rule, the Agency rescinds 

49 CFR 391.27 (Record of violations) 

and removes all related references to the 

rule in the Federal Motor Carrier Safety 

Regulations (FMCSRs). Section 391.27 

provides that each motor carrier must, at 

least once every 12 months, require each 

driver it employs to prepare and furnish 

the motor carrier with a list of all 

violations of motor vehicle traffic laws 

and ordinances, other than violations 

involving only parking, for which the 

driver has been convicted or has 

forfeited bond or collateral during the 

preceding 12 months. When a driver 

does not have any such violations to 

report, the driver is required to furnish 

a certification to that effect. The motor 

carrier must retain the list of violations 

or certification of no violations in the 

driver’s qualification file. 

FMCSA retains the requirement in 

§ 391.25(a) (Annual inquiry and review 

of driving record) for an annual MVR 

inquiry. Section 391.25 requires each 

motor carrier to make an annual inquiry 

to obtain the MVR for each driver it 

employs from every State 1 in which the 

driver holds or has held a CMV 

operator’s license or permit in the past 

year. The motor carrier must review the 

MVR obtained and maintain a copy of 

it in the driver’s qualification file. 

Section 391.25 applies to all motor 

carriers, domestic and foreign, but is 

limited to inquiries for drivers licensed 

by a State. 

To ensure motor carriers are aware of 

traffic convictions for a driver who is 

licensed by a foreign authority rather 

than by a State, FMCSA amends 

§ 391.25(a) to require motor carriers to 

inquire annually of each driver’s 

licensing authority where a driver holds 

or has held a CMV operator’s license or 

permit. This change requires motor 

carriers to request MVRs from Canadian 

and Mexican driver’s licensing 

authorities. 

To maintain consistency within part 

391 with respect to requests for MVRs, 

FMCSA makes conforming changes to 

the hiring process. The Agency amends 

§ 391.23 (Investigation and inquiries) to 

require a motor carrier to make an 

inquiry to each driver’s licensing 

authority where the driver holds or has 

held a motor vehicle operator’s license 

or permit during the preceding 3 years 

to obtain the driver’s MVR when a 

motor carrier is hiring a driver. FMCSA 

changes § 391.21 (Application for 

employment) to require each driver to 

provide on the employment application 

the issuing driver’s licensing authority 

of each unexpired CMV operator’s 

license or permit that has been issued to 

the driver so motor carriers can make 

the required inquiries under § 391.23. In 

addition to the proposed changes, this 

rule adopts additional minor 

clarifications and conforming changes, 

which are outlined in the section 

discussing changes from the proposed 

rule and the Section-by-Section 

Analysis below. 

B. Costs and Benefits 

The elimination of § 391.27 results in 

cost savings to drivers, as they will no 

longer spend time completing a list of 

convictions for traffic violations or 

certificate of no convictions. It also 

results in cost savings to motor carriers, 

as they no longer have to file the lists 

or certificates in driver qualification 

files. The Agency estimates that 

rescinding § 391.27 results in cost 

savings of $24.9 million over 10 years, 

at a 7 percent discount rate. The 

annualized cost savings are estimated to 

be $3.5 million. 

Changes made in the FMCSRs to 

require inquiries to Canadian and 

Mexican driver’s licensing authorities 

have minimal, if any, impact. Only a 

small proportion of CMV drivers 

operating in the United States are 

licensed by a foreign authority rather 

than by a State. Of the 6.8 million CMV 

drivers reported in FMCSA’s 2020 

Pocket Guide to Large Truck and Bus 

Statistics,2 the Agency estimates that at 

most only 2.3 percent are employed by 

Canadian motor carriers operating in the 

United States and 0.5 percent are 

employed by Mexican motor carriers 

operating in the United States. The 

combined total 2.8 percent represents 

149,119 drivers reported as being 

employed by Canadian and Mexican 

motor carriers.3

These changes do not increase 

reporting and recordkeeping costs for 

motor carriers or drivers. This is 

because the Motor Carrier Management 

Information System (MCMIS), the 

repository for the Agency’s driver 

population data, counts the total 

number of drivers reported by motor 

carriers, both foreign and domestic, and, 

for purposes of information collection 

burden calculation, the median fee for 

obtaining an MVR from either a foreign 

or a domestic authority is generally the 

same.4 FMCSA uses the MCMIS driver 

population data, which currently 

includes drivers employed by Canadian 

and Mexican motor carriers, to calculate 

the burden associated with information 

collections and paperwork. 

In addition, Canadian and Mexican 

motor carriers are already required by 


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5See Section XI.A., below, and footnote 15 for 

additional information. 

their applicable safety codes to request 

MVRs for their drivers from their 

country’s licensing authorities.5

Accordingly, FMCSA has determined 

that the changes to §§ 391.23 and 391.25 

to require inquiries to Canadian and 

Mexican driver’s licensing authorities to 

obtain MVRs imposes no new record 

keeping or reporting costs or burdens. 

Though Canadian and Mexican motor 

carriers are not required to change their 

current business practices and do not 

have any new costs or burdens imposed 

as a result of this rule, FMCSA 

continues to include the costs and 

burdens for requesting MVRs in the 

current information collection to treat 

all motor carriers consistently and for 

administrative convenience. 

FMCSA does not expect this rule will 

negatively affect CMV safety. Motor 

carriers are still required by § 391.25 to 

make an inquiry at least annually to 

each driver’s licensing authority in 

which an employed driver holds or has 

held a CMV operator’s license or permit 

to obtain the MVR of each driver they 

employ. Thus, motor carriers still have 

a reliable way to learn of any 

convictions for traffic violations 

incurred by their driver employees. 

III. Abbreviations 

AAMVA American Association of Motor 

Vehicle Administrators 

ATA American Trucking Associations, Inc. 

BLS Bureau of Labor Statistics 

CDLIS Commercial Driver’s License 

Information System 

CDL Commercial Driver’s License 

CMV Commercial Motor Vehicle 

DOL Department of Labor 

DOT Department of Transportation 

ECEC Employer Costs for Employee 

Compensation 

ENS Employer Notification Services 

E.O. Executive Order 

FMCSA Federal Motor Carrier Safety 

Administration 

FMCSRs Federal Motor Carrier Safety 

Regulations 

FR Federal Register 

ICR Information Collection Request 

LTL Less-than-Truckload 

MCMIS Motor Carrier Management 

Information System 

MVR Motor Vehicle Record 

NAICS North American Industry 

Classification System 

NCSC National Center for State Courts 

NDAA National District Attorneys 

Association 

NPRM Notice of Proposed Rulemaking 

NSC Canadian National Safety Code 

NTSB National Transportation Safety Board 

OES Occupational Employment Statistics 

OIG Office of Inspector General 

OIRA Office of Information and Regulatory 

Affairs 

OMB Office of Management and Budget 

OOIDA Owner-Operator Independent 

Drivers Association 

OTR Over-the-Road 

PSP Pre-Employment Screening Program 

RFA Regulatory Flexibility Act 

RMV Registry of Motor Vehicles 

SBREFA Small Business Regulatory 

Enforcement Fairness Act of 1996 

SDLA State Driver’s Licensing Agency 

Secretary Secretary of Transportation 

SBA Small Business Administration 

SOC Standard Occupation Code 

§ Section Symbol 

TCA Truckload Carriers Association 

TL Truckload 

U.S.C. United States Code 

IV. Legal Basis for the Rulemaking 

This final rule eliminates a 

duplicative paperwork requirement and 

clarifies the licensing authority from 

which motor carriers obtain MVRs. The 

rule is based primarily on the 

authorities of 49 U.S.C. 31502(b) and 

31136(a). 

Section 31502(b) authorizes the 

Secretary of Transportation (Secretary) 

to establish requirements for the 

qualifications of employees and the 

safety of operation of a motor carrier. 

This rule addresses the qualifications of 

motor carrier employees, consistent 

with the safe operation of CMVs. 

Section 31136 provides concurrent 

authority to regulate drivers, motor 

carriers, and vehicle equipment. Section 

31136(a)(1) requires that the Secretary 

issue regulations on CMV safety, 

including regulations to ensure that 

CMVs are operated safely. The 

remaining statutory factors and 

requirements in section 31136(a), to the 

extent they are relevant, are also 

satisfied here. In accordance with 

section 31136(a)(2), the requirement for 

motor carriers to inquire of driver’s 

licensing authorities to obtain the MVR 

of each driver they employ does not 

impose any responsibilities on CMV 

drivers that would impair their ability to 

operate the vehicles safely. This rule 

does not address medical standards for 

drivers or possible physical effects 

caused by driving CMVs (section 

31136(a)(3) and (a)(4), respectively). 

There is no basis to anticipate that 

drivers would be coerced (section 

31136(a)(5)) because of this rule. In 

addition, the Secretary has discretionary 

authority under 49 U.S.C. 31133(a)(8) to 

prescribe, and thus to remove, 

recordkeeping and reporting 

requirements. This rule rescinds 

§ 391.27 using that authority. 

The FMCSA Administrator is 

delegated authority under 49 CFR 1.87 

to carry out the functions vested in the 

Secretary by 49 U.S.C. chapters 311 and 

315 as they relate to CMV operators, 

programs, and safety. 

Finally, prior to prescribing any 

regulations, FMCSA must consider the 

‘‘costs and benefits’’ (49 U.S.C. 

31136(c)(2)(A) and 31502(d)). Those 

factors are addressed in the Regulatory 

Analyses of this rule. 

V. Discussion of Proposed Rule 

On December 14, 2020, FMCSA 

published a notice of proposed 

rulemaking (NPRM) (85 FR 80745). The 

NPRM proposed to eliminate the 

duplicative requirement in § 391.27 that 

drivers operating a CMV in interstate 

commerce prepare and submit a list of 

their convictions for traffic violations to 

their employers annually. FMCSA 

proposed to retain the requirement in 

§ 391.25(a) for an annual MVR inquiry, 

but to change it to require an annual 

inquiry to obtain the MVR for each 

driver it employs from every driver’s 

licensing authority, instead of State, in 

which the driver holds or has held a 

CMV operator’s license or permit in the 

past year. FMCSA proposed to conform 

§§ 391.21, 391.23, and 391.51 (General 

requirements for driver qualification 

files) by changing references to a ‘‘State’’ 

to a ‘‘driver’s licensing authority.’’ 

FMCSA also proposed changes to 

remove references to § 391.27 in 

Appendix B to Part 385—Explanation of 

Safety Rating Process and in §§ 391.11 

(General qualifications of drivers), 

391.51, and 391.63 (Multiple-employer 

drivers). A detailed discussion of the 

regulatory background of § 391.27, the 

rationale for eliminating it, and what 

was proposed is set forth in the NPRM 

(85 FR 80748–50). 

VI. Discussion of Comments and 

Responses 

A. Comment Overview 

FMCSA requested comments on the 

NPRM for 60 days, from December 14, 

2020 through February 12, 2021, and 

received 97 submissions. Of those 

submissions, nine commented on 

matters outside of the scope of the 

rulemaking. Two submissions were 

withdrawn. Accordingly, 86 responsive 

submissions were received. 

The 86 responsive submissions were 

primarily from individuals. Most of the 

individuals were drivers or associated 

with motor carriers. Several commenters 

identified themselves as compliance or 

safety professionals for motor carriers. 

Commenters also represented various 

trade associations and organizations. 

Entities that submitted comments and 

supported the proposed rule included 

the American Bus Association, the 

American Trucking Associations, Inc. 

(ATA), the Owner-Operator 

Independent Drivers Association 


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(OOIDA), the Tennessee Trucking 

Association, the Truckload Carriers 

Association (TCA), the United 

Motorcoach Association, Driver iQ, and 

DriverReach. Of the 86 responsive 

submissions, 71 commenters supported 

the proposed rule, while 15 commenters 

opposed it. No comments opposing the 

rule were received from trade 

associations, labor organizations, or 

safety advocate organizations. 

Commenters supporting the 

rulemaking provided multiple reasons 

for their position. Many commenters 

expressed that the annual MVR check 

required by § 391.25 is a more accurate 

depiction of a driver’s traffic conviction 

history than information received from 

the driver and that eliminating the 

requirement would not have an adverse 

effect on safety. Other common reasons 

for supporting the elimination of the 

requirement for drivers to provide a list 

of their traffic convictions included that 

it is redundant, time consuming, does 

nothing to improve safety, is unreliable, 

takes time away from measures that 

could improve safety, is merely a 

recordkeeping ‘‘paper chase,’’ and is 

outdated. Several drivers commented 

that it can be very difficult to complete 

the paperwork when they are on the 

road. One driver stated the requirement 

is a way for motor carriers to trap 

drivers in a lie when they have 

innocently forgotten a conviction. An 

owner-operator commented that it is a 

nuisance for such operators to take the 

time to tell themselves they have not 

received any convictions. Many motor 

carriers stated it is time consuming, 

costly, and burdensome to distribute the 

forms to drivers, track down drivers 

who do not return them, and file the 

forms. One motor carrier commented it 

takes the better part of a month to 

receive information from drivers and 

another estimated the annual 

administrative burden to be in excess of 

100 hours. This commenter added these 

are hours that could otherwise be spent 

on improving driver training and 

communication and other activities 

more directly targeted at creating better 

and safer drivers. Several other motor 

carriers commented that they do not 

rely on the information provided to 

them by the drivers. 

OOIDA commented that duplicative 

requirements, such as those in § 391.27, 

are often more compliance obligations 

than safety measures, which can 

disproportionally harm small-business 

truckers who have to cut through the 

red tape themselves. The Tennessee 

Trucking Association commented that 

the regulation is redundant, and it is 

hard to get the form completed for overthe-road drivers. It added that most of 

the time the motor carrier pulls the 

MVR before the form is completed, so 

the carrier already knows what is on a 

driver’s record. 

The most common reason for 

opposing the rule related to safety 

concerns. Those comments and others 

opposing the rule are discussed below. 

B. Safety Concerns Relating to the 

Elimination of § 391.27 

Of the 15 individuals who opposed 

the rule, 8 specifically cited safety 

concerns that motor carriers would have 

no way to know about drivers’ traffic 

convictions without § 391.27. For 

example, one commenter asked how 

employers can know what kind of driver 

they would be hiring without a record 

of infractions against that driver. 

Another commenter stated there are 

going to be more accidents if drivers 

know they do not have to report them. 

A different commenter stated, ‘‘This is 

what keeps the trucking industry safe. 

When you drop the requirement for this, 

how are the employers going to know 

who is a safe driver versus one who is 

reckless?’’ One commenter noted 

companies need to be aware of changes 

in the driving habits of drivers receiving 

violations to prevent accidents. Another 

commenter stated that eliminating 

§ 391.27 does away with one more 

control the motor carrier has to monitor 

the driver’s safety performance on the 

road. A different commenter stated that 

reporting traffic and safety violations to 

employers helps a company or driver try 

to operate more safely. 

Another commenter who opposed the 

rule stated § 391.27 benefits motor 

carriers because the requirement allows 

them to review the driving record in 

both CMVs and personal vehicles. The 

commenter noted that convictions for 

driving while intoxicated in a personal 

vehicle may not be discovered if not for 

running an MVR. The commenter was 

in favor of the annual MVR review and 

indicated some motor carriers and 

insurers would not obtain MVRs in the 

absence of the rule. A different 

commenter stated that too many motor 

carriers rely on their insurance 

companies to review the MVR and they 

often miss relevant information. 

Another commenter did not want 

someone with a horrible driving record 

to be behind the wheel of a CMV. 

FMCSA response: After consideration 

of the comments submitted to the 

docket, the Agency continues to find 

that removing § 391.27 will not 

adversely affect CMV safety. The 

majority of commenters who opposed 

eliminating § 391.27 misunderstood the 

proposal. Many of the commenters 

understandably confused the 

requirements of §§ 391.27 and 391.25 

because of their duplicative nature. 

FMCSA emphasizes that the final rule 

does not remove the annual requirement 

for a motor carrier to obtain and review 

an MVR as required by § 391.25. Thus, 

employers still have a way to know the 

driving records of their drivers and a 

way to distinguish safe from unsafe 

drivers. Furthermore, the Agency retains 

§§ 391.21 and 391.23, which require 

motor carriers to obtain and review 

MVRs and safety performance history 

when hiring a driver, as well as the 

general qualification requirements for 

drivers in § 391.11. 

The elimination of § 391.27 does not 

preclude employers from requiring their 

drivers to provide a list of their traffic 

convictions as a condition of 

employment. Rather, the elimination of 

§ 391.27 provides employers with 

flexibility to obtain traffic conviction 

information in a manner that is most 

efficient and effective in their situation. 

Eliminating § 391.27 allows employers 

to redirect their resources in ways that 

may have greater safety benefits; this is 

particularly the case for employers that 

continuously monitor the driving 

records of their employees. 

C. Availability, Timeliness, and 

Accuracy of Driving Histories 

Two commenters noted State traffic 

conviction reporting has improved 

significantly. The United Motorcoach 

Association commented that as recently 

as a decade ago States were 

considerably less dependable reporting 

violations to drivers’ state of licensure; 

however, ‘‘States have improved their 

reporting significantly.’’ An individual 

commenter stated that the chances of 

error in the driving history is basically 

non-existent with the increase in 

computerized records since § 391.27 

was enacted. 

In contrast, four commenters raised 

concerns regarding the availability, 

timeliness, and accuracy of driver 

license status and driving histories. 

Three commenters stated there are 

issues with States either being slow to 

report traffic convictions or not 

reporting them at all. Although ATA 

recommended eliminating § 391.27 and 

‘‘strongly’’ supported FMCSA’s 

proposal, ATA noted concerns about 

FMCSA’s efforts to ensure the 

information provided to motor carriers 

to make critical safety decisions is 

accurate, timely, and complete. ATA 

commented, ‘‘While state MVRs have 

significantly improved over the last 20 

years, there are still significant 

deficiencies, of varying degrees, across 

the states.’’ 


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6 DOT, Office of Inspector General, FMCSA Has 

Gaps and Challenges in Its Oversight of CDL 

Disqualification Regulations, July 14, 2021, Report 

No. ST2021030, page 1. Available at https://

www.oig.dot.gov/library-item/38455 (last accessed 

Sept. 13, 2021). 

7FMCSA plans to complete three of the OIG 

recommendations by March 31, 2022 and the 

remaining recommendations by December 31, 2023. 

8 ‘‘Masking’’ occurs when a court allows the 

conviction of a CDL holder for a traffic violation to 

be deferred, dismissed, or go unreported (see 49 

CFR 384.225). 

ATA cited a recent National 

Transportation Safety Board (NTSB) 

report that highlighted deficiencies with 

the Massachusetts Registry of Motor 

Vehicles’ (RMV) out-of-state driver’s 

license notifications process. According 

to ATA’s summary of the report, the 

deficiencies led to the RMV’s failure to 

revoke the commercial driver’s license 

(CDL) of a driver involved in a crash 

that killed seven people. ATA stated the 

NTSB ‘‘found RMV failed to revoke 

thousands of non-CDL driver’s licenses. 

While the report singled out [RMV], 

NTSB concluded that the problems 

observed in Massachusetts might exist 

nationwide.’’ 

Two additional commenters noted it 

can take months for a citation to be fully 

adjudicated and become a conviction 

listed on the driver’s MVR. One of the 

commenters expressed concern that 

these delays put the motor carrier at 

increased risk, should the driver be 

involved in an accident during the time 

the authority takes to rule on the 

citation. 

FMCSA response: Nothing in the 

comments changes FMCSA’s 

determinations that the lists provided 

by drivers are less reliable than MVRs 

issued by driver’s licensing authorities 

and the lists have minimal safety value. 

There have been significant 

improvements in data collection and 

transmission that support this 

rulemaking since § 391.27 was adopted, 

and there are more improvements to 

come. Additionally, the Agency notes 

that § 391.27 requires drivers to report 

convictions, not citations, so the impact 

of delays adjudicating citations exists 

even in the presence of § 391.27. 

In connection with the June 2019 

crash that was the subject of the NTSB 

report referenced above, the NTSB 

found that the Massachusetts RMV ‘‘was 

not systematically processing paper 

notifications it received from other 

States.’’ 6 Because of the crash, FMCSA 

focused its annual program reviews to 

determine whether other States had 

substantial numbers of unprocessed 

paper notifications. FMCSA notes most 

unprocessed paper notifications found 

at the Massachusetts RMV were for nonCMV drivers, who do not fall within 

FMCSA’s regulatory authority. 

The use of paper notifications and the 

challenges of processing them were 

among the principal issues discovered 

at the Massachusetts RMV. FMCSA 

addressed the issues in large part 

through the Commercial Driver’s 

License Standards, Requirements and 

Penalties; Exclusively Electronic 

Exchange of Driver History Record 

Information final rule published on July 

23, 2021 (86 FR 38937). That rule 

requires SDLAs to implement the 

exclusive electronic exchange of driver 

history record information, which 

includes convictions and withdrawals, 

for CDL holders. States must achieve 

substantial compliance with this 

requirement as soon as practicable, but 

not later than August 22, 2024. All 

States currently have the technical 

capability to transmit driver history 

record information electronically. In 

addition, in fiscal years 2019, 2020, and 

2021, FMCSA awarded grant funding to 

the American Association of Motor 

Vehicle Administrators (AAMVA) to 

perform a Commercial Driver’s License 

Information System (CDLIS) impact 

analysis of eliminating the paper 

exchange of convictions and 

withdrawals between jurisdictions for 

the purposes of reporting out-of-state 

convictions and withdrawals. The 

purpose of the grants was to analyze the 

causes, proposed solutions, 

implementation impacts, and system 

requirements for ensuring that States 

transmit out-of-state convictions and 

withdrawals exclusively through an 

electronic means. 

On July 14, 2021, the DOT Office of 

Inspector General (OIG) issued its report 

for a self-initiated audit titled ‘‘FMCSA 

Has Gaps and Challenges in Its 

Oversight of CDL Disqualification 

Regulations.’’ OIG made seven 

recommendations to strengthen 

FMCSA’s oversight of States’ actions to 

comply with Federal CDL 

disqualification requirements. 

Completion of the OIG 

recommendations will strengthen 

FMCSA’s annual program reviews and 

enhance FMCSA’s efforts to keep unsafe 

CDL drivers off the road. FMCSA is 

working diligently to complete the OIG 

recommendations and collaborating 

with States and AAMVA as 

appropriate.7

Finally, FMCSA continues to provide 

outreach to courts, which has led to 

advancements in transmission of 

convictions from courts to SDLAs. 

FMCSA leverages Commercial Driver’s 

License Program Implementation grant 

funds to promote better understanding 

among judges, prosecutors, and court 

staff regarding CDL/CMV convictions. 

For example, the National Center for 

State Courts (NCSC) created an online 

Commercial Driving Resource Center for 

courts, which focuses on research, 

technical assistance, outreach and 

awareness, and other resources. One of 

NCSC’s research projects was to review 

commercial driver cases to learn how 

they are processed by courts and how 

courts communicate information to the 

SDLAs. From this research, the NCSC 

has developed best practices and 

identified current challenges for 

reporting convictions to States. In 

addition, the National District Attorneys 

Association (NDAA), under an FMCSA 

grant, developed a Commercial Driver’s 

License Resource Portal. Several of the 

resources are centered around the 

prohibition against ‘‘masking’’ 

convictions.8 NDAA has developed 

training, a reference guide, and articles 

on masking convictions. FMCSA 

continues to provide grant funding and 

to engage in outreach in furtherance of 

enhanced reporting and transmission of 

convictions from courts to SDLAs. 

D. Reporting of All Traffic Citations and 

Violations 

Two commenters recommended that 

FMCSA change § 391.27 to require 

drivers to report not only traffic 

convictions to their employers, but all 

citations and violations as well. One of 

the commenters stated that revision 

would allow employers to track the 

disposition of a citation to its 

conclusion. The commenter continued 

that the fact a citation is dismissed, or 

the driver is found not guilty in court, 

does not necessarily mean the driver did 

not engage in unsafe or risky behavior 

behind the wheel. According to the 

commenter, if an employer is aware of 

the behavior, the employer would have 

the opportunity to take corrective action 

and possibly change the unsafe 

behaviors before the driver is involved 

in an accident. 

FMCSA response: FMCSA does not 

support this recommended change to 

§ 391.27. Such a change would broaden 

the burden of the regulation as opposed 

to reducing it, and its effectiveness 

would still be dependent on the driver’s 

memory and truthfulness. Moreover, the 

Agency did not propose to expand the 

regulatory reporting requirements of 

§ 391.27 in this rulemaking. 

E. Traffic Conviction Notification 

Requirement for Non-CDL Drivers 

One commenter opposed elimination 

of § 391.27 because there is no 

requirement for non-CDL drivers to 

inform their employers of traffic 


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convictions within 30 days, as is 

required by 49 U.S.C. 31303(a) and 

§ 383.31 for CDL drivers. The 

commenter noted that drivers operating 

vehicles that do not require a CDL do 

not always tell employers about 

receiving a citation, and only a copy of 

the citation will tell the employer what 

the driver was driving. The commenter 

continued that at least once a year these 

non-CDL drivers must answer that 

question on a form required by FMCSA. 

Although ATA supported the 

elimination of § 391.27, the group noted 

that some of its members maintain 

company policies that require non-CDL 

drivers operating a CMV to report 

violations within a predetermined 

amount of time and that some members 

raised concerns over eliminating the 

regulatory requirement for notification. 

Therefore, ATA suggested that FMCSA 

consider whether an additional 

rulemaking to establish a traffic 

conviction notification requirement for 

non-CDL drivers like the reporting 

requirement for CDL drivers in § 383.31 

would be warranted. 

FMCSA response: The lack of a 

reporting requirement for non-CDL 

drivers that parallels the requirement for 

CDL drivers to inform their employers 

of traffic convictions within 30 days is 

not a persuasive reason to retain 

§ 391.27. With respect to adding a 

reporting requirement for non-CDL 

holders that parallels § 383.31, ATA 

correctly states additional rulemaking 

would be necessary to propose such a 

change. FMCSA continues to find the 

annual MVR check required by § 391.25 

is a more accurate depiction of a driver’s 

traffic conviction history than 

information from the driver. 

Accordingly, FMCSA currently is not 

considering a future rulemaking on this 

topic. However, as stated above, the 

elimination of § 391.27 does not 

preclude employers from requiring their 

drivers to provide a list of their traffic 

convictions as a condition of 

employment. 

F. Obtaining MVRs From Foreign 

Driver’s Licensing Authorities 

Four comments considered the 

change to require motor carriers to 

request MVRs from foreign driver’s 

licensing authorities. Two industry 

vendors, DriverReach and Driver iQ, 

commented that the change is logical 

and appropriate because affected motor 

carriers already obtain these records for 

safety and driver screening purposes, so 

the change should not add a new 

burden or expense. ATA stated that it 

supports the revision to ensure that the 

requirement extends to all jurisdictions. 

TCA noted a concern that 

stakeholders may not know where or 

how to request MVRs from Mexico or 

Canada. TCA requested that FMCSA 

implement an educational campaign 

prior to finalizing this rule to tell motor 

carriers how to request an MVR for 

international drivers. Some of ATA’s 

members raised concerns about 

obtaining foreign MVRs from outside 

North America. ATA stated, however, 

that the ‘‘good faith effort’’ requirement 

provides motor carriers with sufficient 

flexibility to address situations where 

an MVR might be difficult or impossible 

to obtain. 

Driver iQ commented that it often can 

take 90 to 120 days to obtain MVRs from 

foreign driver’s licensing authorities and 

requested that FMCSA consider a 

lengthy effective date for any final rule. 

It commented further that FMCSA 

should consider language requiring a 

motor carrier to maintain 

documentation of each report request. In 

the event no report is received, the 

document would be used by a motor 

carrier to demonstrate a good faith effort 

to obtain it. Driver iQ also requested 

that the regulation include language 

requiring the foreign authority to 

provide access to the reports by an 

appointed agent of the carrier. 

FMCSA response: FMCSA adopts the 

change to require motor carriers to 

request an MVR from foreign driver’s 

licensing authorities as proposed. 

Because motor carriers already appear to 

be requesting MVRs, a longer effective 

date is not necessary. 

In practice, this change will have 

minimal impact on domestic motor 

carriers and, therefore, educational 

outreach to them is not necessary. 

However, FMCSA will re-evaluate the 

need for public outreach if questions 

arise during implementation. Only a 

small proportion of CMV drivers 

operating in the United States are 

licensed by a foreign authority rather 

than by a State. Most of these drivers are 

employed by Canadian and Mexican 

motor carriers. As noted above, a de 

minimis number of CMV drivers who 

are licensed by a non-North American 

authority operate in the United States, 

and it is very rare for domestic motor 

carriers to employ such drivers. 

Accordingly, the number of drivers for 

whom domestic motor carriers will be 

required to obtain MVRs from foreign 

driver’s licensing authorities is small, 

and it will be a very rare occurrence to 

request an MVR from a non-North 

American authority. In such situations, 

it is reasonable to conclude that the 

driver will know how to obtain an MVR. 

Many motor carriers most likely 

already maintain documentation of each 

MVR they request (at least until an MVR 

is received); however, FMCSA declines 

to make that a regulatory requirement, 

which would increase the paperwork 

burden of the regulation. The Agency 

clarifies that the requirement to make a 

‘‘good faith effort’’ to obtain an MVR 

applies to investigations made when 

hiring a driver under § 391.23(b), not to 

the annual MVR review. 

FMCSA does not have authority to 

require foreign authorities to provide 

access to their records by an appointed 

agent of the motor carrier. Requests for 

MVRs must be made in the form and 

manner each authority prescribes. 

However, FMCSA notes that its 

guidance for § 391.25 is revised to 

provide that motor carriers may use 

third parties to ask driver’s licensing 

authorities for copies of the driving 

record of driver-applicants. 

G. Impact on Driver Qualification Files 

TCA encouraged FMCSA to conduct 

an educational campaign on how the 

elimination of § 391.27 would affect the 

driver qualification file because the list 

currently required by § 391.27 must be 

included in the file. TCA stated carriers 

must be fully aware of and understand 

the recordkeeping changes they will 

need to make. TCA offered to publicize 

the new requirements to its members 

but urged FMCSA to go further and hold 

public educational events to ensure all 

parties are made aware of the impacts of 

this new rule on driver qualification 

files. 

FMCSA response: Because this rule 

eliminates the requirements in § 391.27 

for drivers to provide either a list of 

their traffic convictions or a certificate 

that they do not have any traffic 

convictions to report to their employers, 

there no longer is any document for an 

employer to place in the driver 

qualification file. This rule amends 

§ 391.51 by eliminating paragraph (b)(6), 

which currently provides the driver 

qualification file must include the 

documents required by § 391.27. 

FMCSA does not plan to hold public 

educational events in connection with 

the rule. However, FMCSA will reevaluate the need for public outreach if 

questions arise during implementation. 

H. Changes to § 391.23(b) 

TCA commented that it supports 

FMCSA’s proposal to amend § 391.23(b) 

to remove the requirement in the hiring 

process for a motor carrier that receives 

no MVR from the driver’s licensing 

authority to certify that no record exists 

for the driver in that jurisdiction. TCA 

noted that this requirement currently 

exists on top of the required 

documentation of the good faith effort to 


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9Available at https://www.fmcsa.dot.gov/ 

registration/commercial-drivers-license/may-motorcarriers-use-third-parties-ask-state-agencies 

(FMCSA–DQ–391.23–Q002) (last accessed Oct. 13, 

2021). 

obtain the MVR. TCA stated this is 

another positive example of FMCSA 

thoughtfully reviewing its regulations to 

remove inefficiencies and applauded 

the Agency for recommending this 

change to alleviate the recordkeeping 

burden on carriers. 

FMCSA response: FMCSA adopts the 

change to § 391.23(b) as proposed in the 

NPRM. FMCSA agrees that 

documentation of a good faith effort to 

obtain the MVR is sufficient evidence of 

compliance with the regulatory 

requirement. Moreover, it is impossible 

for a motor carrier to know what records 

are or are not maintained for a particular 

driver by the licensing authority, 

because the motor carrier does not have 

access to a licensing authority’s records. 

I. Employer Notification Services (ENS) 

ATA, Driver iQ, and DriverReach 

suggested that FMCSA increase its focus 

on greater adoption of ENS systems by 

States. State-based ENS systems allow 

employers to be notified automatically 

when there is a change to driver history 

record information. These commenters 

endorsed the use of ENS as a means to 

improve safety but noted only 18 States 

currently have systems in place that are 

consistent with FMCSA standards and 

guidance. 

FMCSA response: FMCSA agrees that 

continuous monitoring systems are very 

effective tools to keep employers aware 

of changes to driver history record 

information, which is likely to enhance 

safety. Indeed, several NPRM 

commenters stated they use continuous 

monitoring systems and find them very 

beneficial. As acknowledged by 

DriverReach and Driver iQ, FMCSA did 

not make any proposals relating to ENS 

in the NPRM and, therefore, is not 

addressing it in this final rule. However, 

the rule eliminates duplicative effort 

and increases flexibility for employers 

to use safety-enhancing tools, including 

continuous monitoring systems. 

FMCSA notes, as did some 

commenters, that the Agency currently 

has a web-based Pre-Employment 

Screening Program (PSP). As stated by 

the American Bus Association, PSP 

helps motor carriers make more 

informed hiring decisions by providing 

secure, electronic access to a CMV 

driver’s 5-year crash and 3-year 

inspection history from FMCSA’s 

MCMIS database. 

J. Reporting of Traffic Violations 

Generally 

One commenter asked if the rule 

applies to reporting past convictions for 

driving while intoxicated and driving 

under the influence. Another 

commenter recommended a change so 

that drivers would not have to report 

less serious and minor traffic violations 

to their employers. 

FMCSA response: This rule only 

eliminates § 391.27 and its requirement 

that drivers operating CMVs in 

interstate commerce prepare and submit 

a list of their traffic convictions to their 

employers annually. It does not change 

the requirement in § 383.31 for CDL 

drivers to inform their employers of all 

traffic convictions in any type of vehicle 

within 30 days. It also does not change 

the conviction information required to 

be provided to prospective employers 

on employment applications under 

§ 391.21. Thus, convictions for driving 

while intoxicated and driving under the 

influence continue to be reportable 

under §§ 383.31 and 391.21. These 

regulations require reporting of all 

traffic convictions other than those that 

relate only to parking. FMCSA did not 

propose and is not considering a change 

to the reporting requirements for these 

regulations. 

K. Outside the Scope of the Rulemaking 

Two commenters recommended 

changes to the requirements in § 391.21 

for employment applications. One 

recommended that paragraphs (b)(7), 

(b)(8), and (b)(9), which require 

reporting of accidents, traffic 

convictions, and actions against a 

driver’s license, respectively, be 

eliminated because they also are 

duplicative. The other commenter 

recommended the elimination of 

paragraph (b)(11) that requires 10 years 

of driving history for drivers applying to 

operate a CMV that requires a CDL. 

Rather than responding to the 

proposed rule, one commenter reported 

on the commenter’s own driving record. 

Another commenter recommended a 

regulatory change to require drivers and 

motor carriers to confer to ensure 

citations have been paid in a timely 

manner. Alternatively, the commenter 

recommended that FMCSA create a 

public system that could be checked to 

see whether citations have been paid. 

Several commenters addressed 

regulations and concerns relating to 

electronic logging devices, hours of 

service, the Drug and Alcohol 

Clearinghouse, brokers, and the 

Compliance, Safety, Accountability 

(CSA) program. One commenter stated it 

does not make sense that medical 

certification must be maintained when a 

driver is taking a break from trucking. 

Another commenter suggested that 

money saved be used to educate 

medical examiners on FMCSA protocols 

and regulations. 

FMCSA response: Because these 

comments are outside the scope of this 

rulemaking or are not responsive to the 

NPRM, no response from FMCSA is 

required. However, while general 

changes to the employment application 

in § 391.21 are outside the scope of this 

rulemaking, the Agency published an 

advance notice of proposed rulemaking 

on March 19, 2019 that requested 

comment on changes to § 391.21 (84 FR 

8497). Additionally, the requirement 

that drivers provide their employment 

history operating a CMV requiring a 

CDL during the prior 10 years when 

applying to operate such a CMV is 

statutorily mandated; therefore, FMCSA 

may not eliminate that requirement (see 

49 U.S.C. 31303(c) and 49 CFR 383.35). 

Commenters presenting an issue that is 

outside of the scope of this rulemaking 

may wish to consult § 389.31 for 

information on how to petition FMCSA 

to establish, amend, interpret, clarify, or 

withdraw a regulation to the extent such 

options relate to their concerns. 

VII. Guidance 

FMCSA employs guidance to explain 

how the Agency applies regulations to 

specific facts. Such guidance does not 

have the force and effect of law, is 

strictly advisory, and is not meant to 

bind the public in any way. Conformity 

with guidance is voluntary. Guidance is 

intended only to provide information to 

the public regarding existing 

requirements under the law or FMCSA 

policies. Guidance does not alter the 

substance of a regulation. Guidance for 

specific regulations is available through 

the Guidance Portal on FMCSA’s 

website. 

This rule amends regulations that 

have associated guidance. FMCSA 

changes the guidance to conform to the 

changes made in this rule. 

A. Section 391.23 Investigation and 

Inquiries 

FMCSA revises Question 2 to 

§ 391.23 9 as proposed to reflect that 

inquiries for MVRs must be made to all 

‘‘driver’s licensing authorities’’ where 

the driver holds or has held a motor 

vehicle operator’s license or permit, 

rather than only to ‘‘States.’’ The revised 

guidance for Question 2 reads as 

follows: 

Question 2: May motor carriers use 

third parties to ask driver’s licensing 

authorities for copies of the driving 

record of driver-applicants? 

Guidance: Yes. Driver information 

services or companies acting as the 

motor carrier’s agent may be used to 


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10Available at https://www.fmcsa.dot.gov/ 

registration/commercial-drivers-license/whatextent-must-motor-carrier-review-drivers-overall 

(FMCSA–DQ–391.25–Q001)) (last accessed Oct. 13, 

2021). 

11Available at https://www.fmcsa.dot.gov/ 

registration/commercial-drivers-license/may-motorcarriers-use-third-parties-ask-state-agencies-0 

((FMCSA–DQ–391.25–Q003)) (last accessed Oct. 13, 

2021). 

12On January 17, 2017, FMCSA suspended 

certain regulations relating to the electronic Unified 

Registration System and delayed their effective date 

indefinitely (82 FR 5292). The suspended 

regulations were replaced by temporary provisions 

that contain the requirements in place on January 

13, 2017. Section 390.5 was one of the sections 

suspended and § 390.5T, which is currently in 

effect, was one of the replacement sections added 

(82 FR 5311). 

contact driver’s licensing authorities. 

However, the motor carrier is 

responsible for ensuring the information 

obtained is accurate. 

B. Section 391.25 Annual Inquiry and 

Review of Driving Record 

With respect to Question 1 to 

§ 391.25,10 Driver iQ recommended that 

the guidance be revised to make clear 

that the driver’s list of convictions is not 

part of ‘‘information about the driver’s 

experience’’ that is ‘‘reasonably 

available.’’ Driver iQ stated, ‘‘This 

change would be consistent with the 

spirit and letter of the NPRM, and it 

would clarify what information is 

reasonably available to a motor carrier 

going forward.’’ While the Agency has 

considered Driver iQ’s suggestion to 

revise the guidance in Question 1, 

FMCSA has concluded that a change is 

not needed based on the elimination of 

the § 391.27 requirements. 

Accordingly, the Agency revises 

Question 1 to § 391.25 as proposed to 

reflect that MVRs must be requested 

from all ‘‘driver’s licensing authorities’’ 

rather than only ‘‘States.’’ FMCSA 

makes an additional change for clarity. 

The Agency replaces the words ‘‘are 

such indications’’ with ‘‘are indications 

of disregard for public safety.’’ The 

revised guidance for Question 1 reads as 

follows: 

Question 1: To what extent must a 

motor carrier review a driver’s overall 

driving record to comply with the 

requirements of § 391.25? 

Guidance: The motor carrier must 

consider as much information about the 

driver’s experience as is reasonably 

available. This would include all known 

violations, whether they are part of an 

official record maintained by a driver’s 

licensing authority, as well as any other 

information that would indicate the 

driver has shown a lack of due regard 

for the safety of the public. Violations of 

traffic and criminal laws, as well as the 

driver’s involvement in motor vehicle 

accidents, are indications of disregard 

for public safety and must be 

considered. A violation of size and 

weight laws should also be considered. 

With respect to Question 3 to 

§ 391.25,11 the Agency revises the 

question as proposed to reflect that 

MVRs must be requested from all 

‘‘driver’s licensing authorities,’’ rather 

than only ‘‘States,’’ and to improve 

clarity and correct grammatical errors. 

In addition, FMCSA removes the first 

sentence of the proposed guidance 

because it is not responsive to the 

question. The sentence provided, ‘‘An 

examination of the official driving 

record maintained by the driver’s 

licensing authority is not required 

during the annual review.’’ The revised 

guidance for Question 3 reads as 

follows: 

Question 3: May motor carriers use 

third parties to ask driver’s licensing 

authorities for copies of driving records 

to be examined during the carrier’s 

annual review of each driver’s record? 

Guidance: Yes. Motor carriers may 

use third-party agents, such as driver 

information services or companies, to 

contact driver’s licensing authorities 

and obtain copies of driving records. 

However, the motor carrier is 

responsible for ensuring the information 

is accurate. 

C. Section 391.27 Record of Violations 

FMCSA rescinds the guidance to 

§ 391.27 as proposed. 

VIII. Changes From the NPRM 

In this final rule, FMCSA adopts all 

the provisions proposed in the NPRM 

and introduces additional minor 

clarifications and conforming changes. 

FMCSA amends the definition of motor 

vehicle record in § 390.5T (Definitions) 

by clarifying that only records of drivers 

licensed by a State are subject to the 

Driver Privacy Protection Act and by 

making editorial changes for clarity. The 

definition reads, ‘‘Motor vehicle record 

means the report of the driving status 

and history of a driver generated from 

the driver record that is provided to 

users, such as drivers or employers, and, 

for drivers licensed by a State, is subject 

to the provisions of the Driver Privacy 

Protection Act, 18 U.S.C. 2721–2725.’’ 

FMCSA conforms § 391.63(b) by 

changing ‘‘State’’ to ‘‘driver’s licensing 

authority’’ in the first sentence. 

The Agency also makes conforming 

changes to address cross-references 

impacted by the elimination of § 391.27 

and redesignation of section paragraphs. 

In newly redesignated § 391.51(b)(6)(iii), 

FMCSA changes the reference from 

‘‘§ 391.51(b)(8)’’ to ‘‘§ 391.51(b)(7).’’ In 

§ 391.67(a) (Farm vehicle drivers of 

articulated commercial motor vehicles), 

the Agency changes the references from 

‘‘Section 391.11(b)(1), (b)(6) and (b)(8)’’ 

to ‘‘Section 391.11(b)(1) and (b)(7).’’ 

Similarly, in § 391.68(a) (Private motor 

carrier of passengers (nonbusiness)), the 

Agency changes the references from 

‘‘Section 391.11(b)(1), (b)(6) and (b)(8)’’ 

to ‘‘Section 391.11(b)(1) and (b)(7).’’ 

IX. International Impacts 

Motor carriers and drivers are subject 

to the laws and regulations of the 

countries in which they operate, unless 

an international agreement states 

otherwise. The specific impacts of this 

rule on foreign licensed drivers and 

foreign motor carriers operating CMVs 

in the United States are discussed 

throughout the preamble of this rule. 

X. Section-by-Section Analysis 

This section summarizes the 

regulatory changes FMCSA makes to 49 

CFR parts 385, 390, and 391. FMCSA 

adopts all the provisions as proposed in 

the NPRM and repeats the specific 

changes for the convenience of the 

reader. FMCSA also describes 

additional minor clarifications and 

conforming changes made in §§ 390.5T, 

391.51, 391.63, 391.67, and 391.68. 

A. Part 385 

Appendix B to Part 385—Explanation of 

Safety Rating Process 

In Section VII of Appendix B to Part 

385, FMCSA makes conforming changes 

to the List of Acute and Critical 

Regulations. Specifically, the current 

entry for § 391.51(b)(7) (failing to 

maintain medical examiner’s certificate 

in driver’s qualification file (critical)) is 

redesignated as § 391.51(b)(6). This 

reflects that current § 391.51(b)(6), 

which relates to removed § 391.27, is 

deleted and that the paragraphs in that 

section are redesignated. 

B. Part 390 

Sections 390.5T and 390.5 

(Suspended) 12—Definitions 

In addition to the changes proposed 

in the NPRM, FMCSA amends the 

definition of motor vehicle record in 

§§ 390.5T and 390.5 by inserting ‘‘, for 

drivers licensed by a State only, is’’ 

before the reference to the Driver 

Privacy Protection Act. This clarifies 

that only records of drivers licensed by 

a State are subject to the Driver Privacy 

Protection Act. FMCSA also makes 

minor changes for clarity. The Agency 

replaces the comma before ‘‘provided’’ 

with ‘‘that is’’ and deletes the comma 

after ‘‘such as.’’ The definition reads, 

‘‘Motor vehicle record means the report 

of the driving status and history of a 


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driver generated from the driver record 

that is provided to users, such as drivers 

or employers, and, for drivers licensed 

by a State, is subject to the provisions 

of the Driver Privacy Protection Act, 18 

U.S.C. 2721–2725. 

C. Part 391 

Section 391.11—General Qualifications 

of Drivers 

In § 391.11, FMCSA removes 

paragraph (b)(6), which relates to 

removed § 391.27, and redesignates 

paragraphs (b)(7) and (b)(8) as 

paragraphs (b)(6) and (b)(7). 

Section 391.21—Application for 

Employment 

In § 391.21(b)(5), FMCSA changes the 

reference to a ‘‘State’’ to a ‘‘driver’s 

licensing authority.’’ 

Section 391.23—Investigation and 

Inquiries 

In paragraphs (a)(1) and (b) of 

§ 391.23, FMCSA changes the references 

to a ‘‘State’’ to a ‘‘driver’s licensing 

authority.’’ In paragraph (b), FMCSA 

also removes the requirement for a 

motor carrier to certify that no record 

exists when no MVR is received from 

the licensing authority for a driver. 

Section 391.25—Annual Inquiry and 

Review of Driving Record 

In § 391.25(a), FMCSA replaces the 

words ‘‘the appropriate agency of every 

State in which’’ with the words ‘‘each 

driver’s licensing authority where.’’ 

Section 391.27—Record of Violations 

FMCSA removes § 391.27 and 

reserves it for future use. 

Section 391.51—General Requirements 

for Driver Qualification Files 

FMCSA makes several changes to 

§ 391.51. The Agency deletes the words 

‘‘State’’ in paragraph (b)(2) and ‘‘State 

driver licensing agency’’ in paragraph 

(b)(4) and adds in their place the words 

‘‘driver’s licensing authority.’’ FMCSA 

deletes paragraph (b)(6), which relates 

to deleted § 391.27, and redesignates 

paragraphs (b)(7) through (b)(9) as 

paragraphs (b)(6) through (b)(8). The 

Agency revises paragraph (d)(1) by 

deleting the words ‘‘State driver 

licensing agency’’ and adding in their 

place ‘‘driver’s licensing authority.’’ 

FMCSA deletes paragraph (d)(3), to 

remove the reference to deleted 

§ 391.27, and redesignates paragraphs 

(d)(4) through (d)(6) as paragraphs (d)(3) 

through (d)(5). The cross-reference in 

newly redesignated paragraph (d)(3) is 

changed from ‘‘§ 391.51(b)(7)(ii)’’ to 

‘‘§ 391.51(b)(6)(ii)’’ to reflect the 

redesignations in paragraph (b). Finally, 

in addition to the changes proposed in 

the NPRM, FMCSA changes the internal 

cross-reference in newly redesignated 

paragraph (b)(6)(iii) from 

‘‘§ 391.51(b)(8)’’ to ‘‘§ 391.51(b)(7)’’ to 

reflect the redesignations in paragraph 

(b). 

Section 391.63—Multiple-Employer 

Drivers 

In § 391.63, FMCSA removes 

paragraph (a)(5) to delete the reference 

to § 391.27. The Agency conforms 

punctuation to reflect paragraphs (a)(3) 

and (a)(4) are now the last in the list. In 

addition to the changes proposed in the 

NPRM, FMCSA conforms the first 

sentence of paragraph (b) by changing 

‘‘State’’ to ‘‘driver’s licensing authority.’’ 

FMCSA also replaces all instances of 

‘‘his/her’’ with ‘‘the driver’s’’ and adds 

a serial comma after ‘‘type.’’ 

Section 391.67—Farm Vehicle Drivers 

of Articulated Commercial Motor 

Vehicles and Section 391.68—Private 

Motor Carrier of Passengers 

(Nonbusiness) 

In addition to the changes proposed 

in the NPRM, FMCSA makes 

conforming changes to cross-references 

in §§ 391.67 and 391.68. The changes 

are necessary because FMCSA deletes 

from § 391.11 the paragraph previously 

designated as (b)(6) (relating to removed 

§ 391.27) and redesignates the 

remaining paragraphs. Accordingly, 

FMCSA changes the cross-references in 

§§ 391.67(a) and 391.68(a) from 

‘‘391.11(b)(1), (b)(6) and (b)(8)’’ to 

‘‘391.11(b)(1) and (b)(7).’’ 

XI. Regulatory Analyses 

A. Executive Order (E.O.) 12866 

(Regulatory Planning and Review), E.O. 

13563 (Improving Regulation and 

Regulatory Review), and DOT 

Regulatory Policies and Procedures 

FMCSA has considered the impacts of 

this rule under E.O. 12866 (58 FR 

51735, Oct. 4, 1993), Regulatory 

Planning and Review, as supplemented 

by E.O. 13563 (76 FR 3821, Jan. 21, 

2011), Improving Regulation and 

Regulatory Review, and DOT’s 

regulatory policies and procedures. 

OIRA within OMB has determined that 

this rule is not a significant regulatory 

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

Accordingly, OMB has not reviewed it 

under that E.O. 

As described above, the purpose of 

this regulatory action is to remove 

§ 391.27 and the requirement for drivers 

to provide their motor carrier employers 

a list of convictions for traffic violations 

(other than parking) that occurred 

during the previous 12 months or a 

certification of no convictions. This rule 

retains the requirement in § 391.25 that 

motor carriers make an annual inquiry 

to obtain a driver’s MVR. Because 

§ 391.25 is limited to inquiries for 

drivers licensed by a State, this rule 

modifies § 391.25 to require motor 

carriers to request a driver’s MVR from 

each licensing authority that issued the 

driver a license. To maintain 

consistency within part 391 with 

respect to requests for MVRs, FMCSA 

makes conforming changes to § 391.23, 

which requires motor carriers to request 

MVRs for the 3 years preceding the date 

of employment when hiring a driver. 

These changes require motor carriers to 

request MVRs from Canadian and 

Mexican driver’s licensing authorities. 

A change is also made in § 391.21 to 

require each driver to provide on the 

employment application the issuing 

driver’s licensing authority of each 

unexpired CMV operator’s license or 

permit that has been issued to the driver 

so motor carriers can make the required 

inquiries under § 391.23. These changes 

do not add new reporting or 

recordkeeping costs. 

The elimination of § 391.27 results in 

cost savings to drivers because they will 

no longer spend time completing a list 

of convictions for traffic violations. It 

will also result in cost savings to motor 

carriers because they will no longer 

have to file the lists in driver 

qualification files. The Agency estimates 

that this rule will result in cost savings 

to CMV drivers and motor carriers of 

$35.5 million over 10 years on an 

undiscounted basis, and $24.9 million 

discounted at 7 percent over the 10-year 

analysis period. Expressed on an 

annualized basis, this equates to cost 

savings of $3.5 million at a 7 percent 

discount rate. 

The changes to §§ 391.21, 391.23, and 

391.25 do not increase reporting or 

recordkeeping costs. This rule institutes 

new requirements for motor carriers to 

request MVRs for their drivers operating 

in the United States who are licensed by 

a foreign authority rather than by a 

State. However, the current OMBapproved information collection request 

(ICR) for §§ 391.23 and 391.25 titled 

‘‘Driver Qualification Files,’’ OMB 

Control Number 2126–0004, already 

includes reporting and recordkeeping 

costs and burdens incurred by motor 

carriers to request MVRs for such 

drivers. As explained below, applicable 

motor carriers will not incur an increase 

in costs or burdens resulting from this 

rule. Nonetheless, FMCSA retains these 

costs and burdens under OMB Control 

Number 2126–0004 to treat all motor 

carriers consistently and for 

administrative convenience. 


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13Available at https://www.fmcsa.dot.gov/sites/ 

fmcsa.dot.gov/files/2020-10/FMCSA%20Pocket

%20Guide%202020-v8-FINAL-10-29-2020.pdf (last 

accessed Aug. 12, 2021). 14Canadian National Safety Code (NSC) Standard 

15, Facility Audit, establishes the minimum 

requirements for a Facility Audit and the contents 

of a driver’s personnel/payroll records. Standard 15, 

Appendix A, Section 3 requires motor carriers to 

make available for a Facility Audit a driver abstract 

issued within the last 12 months. In addition, the 

driver’s personnel/payroll record must include 

name, date of birth and license number, current 

license class and status (e.g., active or suspended), 

driver qualifications, and 2-year histories of traffic 

and criminal driving offenses, convictions, and 

accidents. NSC Standard 15 is available at https:// 

ccmta.ca/en/national-safety-code/national-safetycode-nsc#NSC (last accessed Nov. 23, 2021). 

Similarly, the ‘‘Reglamento del Servicio de 

Medicina Preventiva en el Transporte’’ 

(Transportation Preventive Medicine Service 

Regulations) in Chapter VI (Of Solitary 

Responsibility of the Concessionaire or Permittee, 

or Airline Operator), Article 39 provides generally 

that motor carriers are to keep updated individual 

files for their employees that include records 

related to accidents or incidents of federal 

transport. The regulations are available at http://

www.sct.gob.mx/fileadmin/DireccionesGrales/ 

DGPMPT/Documentos/normatividad/Reglamento_

DGPMPT_10-05-2013.pdf (last accessed Nov. 23, 

2021). 

15Available at https://www.fmcsa.dot.gov/sites/ 

fmcsa.dot.gov/files/2020-10/FMCSA%20Pocket

%20Guide%202020-v8-FINAL-10-29-2020.pdf (last 

accessed Oct. 26, 2021). 

16 DOL, BLS. Occupational Employment and 

Wages, May 2020, 53–0000 Transportation and 

Material Moving Occupations. Available at https:// 

www.bls.gov/oes/current/oes530000.htm (last 

accessed Aug. 12, 2021). 

All motor carriers authorized to 

operate in the United States are required 

to file with FMCSA Form MCS–150 

(Motor Carrier Identification Report), 

Form MCS–150B (Motor Carrier 

Identification Report and Hazardous 

Material Permit Application), or Form 

MCSA–1 (the online application). These 

registration forms require motor carriers 

to report the number of drivers they 

employ and are the source of driver 

counts in MCMIS, which counts the 

total number of drivers reported by both 

domestic and foreign motor carriers. In 

turn, FMCSA uses the MCMIS driver 

population data published in FMCSA’s 

annual Pocket Guide to Large Truck and 

Bus Statistics, which includes drivers 

employed by Canadian and Mexican 

motor carriers, to calculate the burden 

associated with information collections 

and paperwork. Thus, requests for 

MVRs for drivers holding licenses 

issued by Canadian or Mexican 

licensing authorities have already been 

included in the OMB-approved 

information collections for §§ 391.23 

and 391.25. In addition, the time for all 

drivers to prepare and submit 

employment applications has already 

been included in the information 

collection for § 391.21. 

This change requiring MVR inquiries 

to Canadian and Mexican driver’s 

licensing authorities will have minimal, 

if any, impact, because relatively few 

drivers operate in the United States who 

are licensed by a foreign authority rather 

than by a State. Of the 6.8 million CMV 

drivers reported in FMCSA’s 2020 

Pocket Guide to Large Truck and Bus 

Statistics,13 the Agency estimates that at 

most only 2.3 percent are employed by 

Canadian motor carriers operating in the 

United States and 0.5 percent are 

employed by Mexican motor carriers 

operating in the United States. The 

combined total 2.8 percent represents 

149,119 drivers reported as being 

employed by Canadian and Mexican 

motor carriers operating in the United 

States. 

Canadian and Mexican motor carriers 

are already required by their applicable 

safety codes to request MVRs for their 

drivers from their licensing 

authorities.14 Accordingly, FMCSA has 

determined that the changes to 

§§ 391.23 and 391.25 to require 

inquiries to Canadian and Mexican 

driver’s licensing authorities for MVRs 

will not impose any new recordkeeping 

or reporting costs or burdens because 

Canadian and Mexican motor carriers 

are already making these inquiries. 

Though Canadian and Mexican motor 

carriers will not be required to change 

their current business practices and 

would not have any new costs or 

burdens imposed as a result of the final 

rule, FMCSA continues to include the 

costs and burdens for requesting MVRs 

in the information collections to treat all 

carriers consistently and for 

administrative convenience. 

This rule does not increase costs to 

motor carriers because of fees paid to 

Canadian and Mexican driver’s 

licensing authorities to request MVRs. 

The OMB-approved supporting 

statement for the Driver Qualification 

Files ICR, OMB Control Number 2126– 

0004 (available in the docket), provides 

that SDLAs assess motor carriers a $10 

fee to obtain MVRs consisting of a $9 

median fee charged by 51 SDLAs, plus 

a $1 third-party processing fee. FMCSA 

has surveyed fees charged by driver’s 

licensing authorities and third-party 

processing companies in Canada. 

FMCSA has determined that the median 

fee charged for an MVR in Canada is 

also $9, when adjusted to United States 

dollars, and that third-party processing 

fees are consistent as well. There is no 

fee to request MVRs in Mexico. 

However, fees are considered a transfer 

payment, so they are not included in the 

benefit-cost analysis. They are included 

in the Paperwork Reduction Act 

supporting statement prepared for the 

final rule. 

For all the above reasons, FMCSA has 

determined that the changes to 

§§ 391.23 and 391.25 to require 

inquiries to Canadian and Mexican 

driver’s licensing authorities to request 

MVRs will not impose any new 

reporting or recordkeeping costs. 

Scope and Key Inputs to the Analysis 

The baseline for this analysis is the 

monetized value of motor carriers’ and 

drivers’ time spent meeting the annual 

reporting and recordkeeping 

requirements of § 391.27. The estimated 

cost of this information collection has 

been approved by OMB in the 

supporting statement for the Driver 

Qualification Files ICR. In this ICR, the 

Agency estimated the 3-year average 

burden associated with § 391.27 at 0.12 

million hours and $3.9 million. The 

baseline in this analysis extends the 

supporting statement projections an 

additional 7 years. That is, it estimates 

the costs that drivers and motor carriers 

would incur over the 10-year period 

2022 through 2031, in the absence of the 

final rule. 

Driver Population Projection 

The driver population is based on a 

0.448 percent annual growth rate 

applied to the 6.8 million driver 

population reported in FMCSA’s 2020 

Pocket Guide to Large Truck and Bus 

Statistics.15 The growth rate is a 

weighted average of the annual 

compound growth rates estimated using 

the United States Department of Labor 

(DOL), Bureau of Labor Statistics (BLS) 

Employment Projections Program point 

projections for the four categories of 

commercial vehicle drivers for 2019 and 

2029. 

Table 1 shows the calculation of the 

growth rate and the calculation of the 

weighted average compound growth 

rate.16


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17American Transportation Research Institute, 

ATRI Analysis of the Operational Cost of Trucking: 

2020 Update. Available at https://

truckingresearch.org/wp-content/uploads/2020/11/ 

ATRI-Operational-Costs-of-Trucking-2020.pdf (last 

accessed Aug. 12, 2021). 

TABLE 1—POPULATION GROWTH RATE

BLS standard 

occupation code 

(SOC) 

2019 Total 

employment 

(thousands) 

2019 

Employment 

percentage of 

total 

(%) 

2029 

Projected total 

employment 

(thousands) 

Compound 

annual growth 

rate in 

employment 

(2019–2029) 

(%) 

Weighted 

average 

compound 

growth rate 

(%) 

A B = A ÷ Sum 

of Column A 

C D = ((C ÷ A) 

(1 ÷ 10))¥1 

E = B × D 

Heavy and tractor-trailer truck drivers (53–3032) ............................................. 2,030 52.2 2,061 0.150 0.078 

Light truck or delivery services drivers (53–3033) ............................................ 1,019 26.2 1,079 0.579 0.15 

Passenger vehicle drivers, except bus drivers, transit and intercity (53– 

3058) * ............................................................................................................ 614 15.8 682 1.056 0.17 

Bus drivers, transit and intercity (53–3052) ** .................................................. 223 5.7 244 0.894 0.05 

Weighted Average Growth Rate ................................................................ ........................ ........................ ........................ ............................ 0.448 

Note: The 0.448 percent weighted average growth rate does not equal the sum of the components due to rounding. 

* BLS SOC 53–3058 is a new category introduced in 2019. Data for prior years are the sum of two now discontinued subcategories, SOCs 53–3022 and 53–3041. 

** SOC 53–3021 changed to SOC 53–3052. 

Table 2 shows the extrapolation of the 

driver population from the 6.8 million 

driver population at a 0.448 percent 

average annual growth. The 10-year 

projection period used in this analysis 

begins in 2022 and ends in 2031. This 

10-year population projection is the 

base from which the Agency estimates 

the number of drivers who, in the 

absence of the final rule, would be 

required to provide motor carriers an 

annual list of violations. 

TABLE 2—DRIVER POPULATION 2022– 

2031 

Year Number of 

drivers 

2022 .......................................... 6,891,843 

2023 .......................................... 6,922,732 

2024 .......................................... 6,953,759 

2025 .......................................... 6,984,926 

2026 .......................................... 7,016,232 

2027 .......................................... 7,047,678 

2028 .......................................... 7,079,266 

TABLE 2—DRIVER POPULATION 2022– 

2031—Continued 

Year Number of 

drivers 

2029 .......................................... 7,110,995 

2030 .......................................... 7,142,866 

2031 .......................................... 7,174,880 

The number of drivers who will no 

longer be required to submit an annual 

list of convictions for traffic violations 

or certificate of no convictions is 

estimated as the difference between the 

projections of annual driver population 

and annual job openings. The number of 

job openings is estimated by applying a 

77.1 percent average annual driver 

turnover rate to the annual driver 

population shown in Table 2. The 

turnover rate is derived from turnover 

rates reported for three categories of 

motor carriers by ATA, which are overthe-road (OTR) carriers at 92 percent, 

truckload (TL) carriers at 74 percent, 

and less-than-truckload (LTL) carriers at 

14 percent. The OTR category is made 

up predominantly of CMV drivers 

transporting general freight on behalf of 

for-hire motor carriers. The TL category 

is made up predominantly of CMV 

drivers transporting specialized freight 

on behalf of for-hire motor carriers. The 

LTL category is made up of CMV drivers 

transporting the property of their motor 

carrier and drivers engaged in 

specialized operations analogous to LTL 

operations. The individual turnover 

rates are weighted by the relative shares 

of the driver population distributed 

among the three categories of motor 

carriers, which are 67 percent for OTR 

drivers, 18 percent for TL drivers, and 

15 percent for LTL drivers.17 As shown 

in Table 3, the sum of the product of the 

turnover rates and percentage of drivers 

by category results in a 77.1 percent 

weighted average turnover rate. 

TABLE 3—WEIGHTED AVERAGE TURNOVER RATE

Driver type Turnover rate 

(percent) 

Percent of 

drivers in 

driver type 

category 

(percent) 

Over-the-Road ....................................................................................................................................................... 92 67 

Truckload ............................................................................................................................................................... 74 18 

Less-than-Truckload .............................................................................................................................................. 14 15 

Weighted Average Turnover Rate .................................................................................................................. .......................... 77.1 

Note: The weighted average turnover rate is calculated as: (92% × 67%) + (74% × 18%) + (14% × 15%) = 77.1%. 

Table 4 shows the annual projections 

of the number of drivers subject to the 

reporting requirements of § 391.27 who 

will no longer have to submit a list of 

convictions for traffic violations or 

certificate of no convictions, as § 391.27 

is rescinded. Drivers who have been 

recently hired are not subject to the 

annual reporting requirements of 

§ 391.27. The hiring process includes 

similar reporting requirements for 

which the information collection 

burden is accounted for under a 

different regulation. The projections 

cover the 10-year period ending in 2031. 


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18 DOL, BLS. ‘‘Employer Cost of Employee 

Compensation December 2020 News Release,’’ 

Table 4: Employer Costs for Employee 

Compensation for private industry workers by 

occupational and industry group. Available at 

https://www.bls.gov/news.release/pdf/ecec.pdf (last 

accessed Nov. 2, 2020). 

19To estimate the overhead rates on wages, the 

Agency used industry data gathered for the Truck 

Costing Model developed by the Upper Great Plains 

Transportation Institute, North Dakota State 

University (Berwick, Farooq. Truck Costing Model 

for Transportation Managers. North Dakota State 

University. Upper Great Plains Transportation 

Institute. August 2003. Appendix A, pp. 42–47. 

Available at http://www.mountain-plains.org/pubs/ 

pdf/MPC03-152.pdf (last accessed Aug. 20, 2021)). 

Research conducted for this model found an 

average cost of $0.107 per mile of CMV operation 

for management and overhead, and $0.39 per mile 

for labor, indicating an overhead rate of 27 percent 

(27% = $0.107 ÷ $0.39 (rounded to the nearest 

whole percent)). 

TABLE 4—DRIVER POPULATION AFFECTED BY FINAL RULE

Year Driver population Number of 

job openings 

Driver population 

subject to § 391.27 

A = from Table 2 B = A × 77.1% C = A¥B 

2022 ........................................................................................................................... 6,891,843 5,310,854 1,580,989 

2023 ........................................................................................................................... 6,922,732 5,334,657 1,588,075 

2024 ........................................................................................................................... 6,953,759 5,358,567 1,595,192 

2025 ........................................................................................................................... 6,984,926 5,382,584 1,602,342 

2026 ........................................................................................................................... 7,016,232 5,406,708 1,609,524 

2027 ........................................................................................................................... 7,047,678 5,430,941 1,616,737 

2028 ........................................................................................................................... 7,079,266 5,455,282 1,623,984 

2029 ........................................................................................................................... 7,110,995 5,479,733 1,631,262 

2030 ........................................................................................................................... 7,142,866 5,504,293 1,638,574 

2031 ........................................................................................................................... 7,174,880 5,528,963 1,645,918 

Wage Rates 

FMCSA evaluated the opportunity 

cost of time for drivers using a rounded 

representative driver wage rate of $37 

per hour. This hourly cost represents 

the value of driver time that, in the 

absence of this rule, the driver would 

spend completing a list of convictions 

for traffic violations or certificate of no 

convictions but will now be available to 

perform other tasks. Table 5 summarizes 

the estimation of a weighted average 

hourly wage of $36.52 for drivers. The 

weighted average hourly wage is 

derived from the BLS Occupational 

Employment Statistics (OES) estimates 

of the median wages of four categories 

of drivers assigned to the BLS SOCs 

shown in Table 5. The median hourly 

wages for each driver SOC are increased 

to account for fringe benefits and motor 

carrier overhead as explained below. 

The hourly wages are weighted based on 

the population of drivers for each SOC 

relative to the total population as shown 

by the percentages in Table 5, Column 

B. 

BLS does not publish data on fringe 

benefits for specific occupations, but it 

does publish fringe benefit data for the 

broad industry groups in its quarterly 

Employer Costs for Employee 

Compensation (ECEC) news releases. 

This analysis uses the ECEC data to 

estimate a fringe benefit rate based on 

the hourly wage for the ‘‘transportation 

and warehousing’’ sector average hourly 

wage ($26.45) and average hourly 

benefits ($13.78) for the ‘‘transportation 

and warehousing’’ sector.18 The ratio of 

the two values results in a 52.1 percent 

fringe benefit rate (52.1% = $13.78 per 

hour ÷ $26.45) that is added to the 

average hourly wage. The hourly wage, 

including fringe benefits, is further 

increased by 27.4 percent to account for 

motor carriers’ overhead.19

TABLE 5—DRIVER HOURLY WAGE INCLUDING FRINGE BENEFITS AND MOTOR CARRIER OVERHEAD

Standard occupation title and code Total drivers % of Total 

drivers 

Median hourly 

base wage 

Weighted 

hourly wage 

Fringe benefits 

rate 

(%) 

Overhead rate 

(%) 

Weighted 

average hourly 

cost 

A = from BLS 

OES Data B = A ÷ Sum 

of Column A 

C = from BLS 

OES Data D = B × C E = from BLS 

ECEC Data 

F G = D + (D × 0.521) + (D × 0.274) 

Heavy and tractor-trailer truck drivers (53– 

3032) .......................................................... 1,797,710 54.1% $22.66 $12.26 52.1 27.4 $22.01 

Light truck or delivery services drivers (53– 

3033) .......................................................... 929,470 28.0% $17.81 $4.98 52.1 27.4 $8.94 

Bus drivers, transit and intercity (53–3052) .. 162,850 4.9% $22.07 $1.08 52.1 27.4 $1.94 

Passenger vehicle drivers, except bus drivers, transit and intercity (53–3058) ........... 431,986 13.0% $15.54 $2.02 52.1 27.4 $3.63 

Weighted Average Driver Wage ............ ........................ ........................ ........................ ........................ ........................ ........................ $36.52 

Notes: 

(a) The number of drivers is the number of respondents by SOC included in the BLS survey. BLS discontinued the publication of SOC 53–3022, instead it is now 

included in SOC 53–3058. FMCSA derived the total employees for the original SOC 53–3022 by multiplying it by 0.72. 

(b) The $36.52 hourly weighted average wage does not equal the sum of the components due to rounding. 

Section 391.27 requires motor carriers 

to incur labor costs to file drivers’ lists 

of convictions for traffic violations or 

certificates of no convictions in their 

driver qualification files. The burden 

hours associated with this task are 

monetized using an hourly wage for a 

file clerk adjusted for fringe benefits and 

motor carrier overhead. The BLS 

median wage for a file clerk is $16.39 

(SOC 43–4071). The hourly wage is 

increased for fringe benefits and motor 

carrier overhead, which results in a 

$29.42 wage, rounded to $29 (29.42 = 

$16.39 + (16.39 × (1+52.1%) +16.39 × 

(1+27.4%)). 


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Costs 

This rule will result in cost savings to 

drivers and motor carriers. Drivers’ cost 

savings will be the result of no longer 

having to prepare an annual list of 

convictions for traffic violations or 

certificates of no convictions for their 

employers. Motor carriers will realize 

cost savings from no longer having to 

file the lists and certificates in driver 

qualification files. The Agency estimates 

that drivers and motor carriers will each 

spend 2 minutes on their respective 

tasks. 

Table 6 shows the estimated driver 

cost savings resulting from the removal 

of § 391.27. Over the 10-year projection 

period, driver cost savings are estimated 

at $19.9 million. At a 7 percent discount 

rate, driver cost savings are estimated at 

$14.0 million and annualized cost 

savings are estimated at $2.0 million. 

TABLE 6—DRIVER COST SAVINGS

Driver population 

providing lists of 

convictions 

Driver burden 

hours 

(million) 

Driver costs 

($ million) 

Driver cost at 7% 

discount rate 

($ million) 

A = from Table 

4, column C 

B = A × 

(2 minutes ÷ 60) 

C = B × $37 D 

2022 ................................................................................................... 1,580,989 0.053 ($1.9) ($1.8) 

2023 ................................................................................................... 1,588,075 0.053 (2.0) (1.7) 

2024 ................................................................................................... 1,595,192 0.053 (2.0) (1.6) 

2025 ................................................................................................... 1,602,342 0.053 (2.0) (1.5) 

2026 ................................................................................................... 1,609,524 0.054 (2.0) (1.4) 

2027 ................................................................................................... 1,616,737 0.054 (2.0) (1.3) 

2028 ................................................................................................... 1,623,984 0.054 (2.0) (1.3) 

2029 ................................................................................................... 1,631,262 0.054 (2.0) (1.2) 

2030 ................................................................................................... 1,638,574 0.055 (2.0) (1.1) 

2031 ................................................................................................... 1,645,918 0.055 (2.0) (1.0) 

Total ............................................................................................ ............................ 0.54 (19.9) (14.0)) 

Annualized .................................................................................. ............................ ............................ ........................ (2.0) 

Notes: 

(a) Total cost values may not equal the sum of the components due to rounding (the totals shown in this column are the rounded sum of 

unrounded components). 

(b) Values shown in parentheses are negative values (i.e., less than zero), and represent a decrease in cost or a cost savings.

Table 7 summarizes motor carrier 

projected cost savings. Over the 10-year 

projection period, motor carrier cost 

savings are estimated at $15.6 million. 

At a 7 percent discount rate, motor 

carrier cost savings are estimated at 

$10.9 million and annualized cost 

savings are estimated at $1.6 million. 

TABLE 7—MOTOR CARRIER COST SAVINGS

Number of lists 

of convictions to 

file 

Motor carrier 

burden hours 

(million) 

Motor carrier 

costs 

($ million) 

Motor carrier cost 

at 7% discount 

rate 

($ million) 

A = from Table 

4, column C 

B = A × 

(2 minutes ÷ 60) C = B × $29 D 

2022 ................................................................................................... 1,580,989 0.053 ($1.5) ($1.4) 

2023 ................................................................................................... 1,588,075 0.053 (1.5) (1.3) 

2024 ................................................................................................... 1,595,192 0.053 (1.5) (1.3) 

2025 ................................................................................................... 1,602,342 0.053 (1.5) (1.2) 

2026 ................................................................................................... 1,609,524 0.054 (1.6) (1.1) 

2027 ................................................................................................... 1,616,737 0.054 (1.6) (1.0) 

2028 ................................................................................................... 1,623,984 0.054 (1.6) (1.0) 

2029 ................................................................................................... 1,631,262 0.054 (1.6) (0.9) 

2030 ................................................................................................... 1,638,574 0.055 (1.6) (0.9) 

2031 ................................................................................................... 1,645,918 0.055 (1.6) (0.8) 

Total ............................................................................................ ............................ 0.54 (15.6) (10.9) 

Annualized .................................................................................. ............................ ............................ ........................ (1.6) 

Notes: 

(a) Total cost values may not equal the sum of the components due to rounding (the totals shown in this column are the rounded sum of 

unrounded components). 

(b) Values shown in parentheses are negative values (i.e., less than zero), and represent a decrease in cost or a cost savings.


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20Totals are a sum of unrounded components and 

therefore may not add up. 

21A major rule means any rule that 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, Federal agencies, State 

agencies, local government agencies, or geographic 

regions; 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. 804(2)). 

22Public Law 104–121, 110 Stat. 857 (Mar. 29, 

1996), 5 U.S.C. 601 note. 

23Though individual CMV drivers are not small 

entities for purposes of the RFA, individual CMV 

drivers who are owner-operators are considered 

small businesses for purposes of the RFA. In 

addition, driver and motor carrier cost savings are 

estimated on a per driver basis using an estimate 

of the total driver population that includes owneroperators. 

24Executive Office of the President, OMB. ‘‘North 

American Industry Classification System.’’ 2017. 

Available at https://www.census.gov/library/ 

publications/2017/econ/2017-naics-manual.html 

(last accessed Oct. 29, 2021). 

25U.S. Census Bureau, 2017 Economic Survey, 

Table EC1700SIZEREVEST, Available at https://

data.census.gov/cedsci/table?t=Value%20of%20

Sales,%20Receipts,%20Revenue,%20or%20

Shipments&n=485&tid

=ECNSIZE2017.EC1700SIZEREVEST&hidePreview= 

(last accessed Oct 15, 2021). 26Commuter rail, public transit systems, taxi, 

limousine, and special needs transportation that are 

included in Subsector 485 are excluded from the 

analysis. 

The estimated cost savings resulting 

from rescinding § 391.27 total $35.5 

million over the 10-year projection 

period. At a 7 percent discount rate, the 

estimated total cost savings are $24.9 

million and the annualized cost savings 

are $3.5 million.20

Benefits 

This rule will allow drivers and motor 

carriers to more efficiently allocate their 

time. As discussed above, eliminating 

the requirement for drivers to provide a 

list of their convictions for traffic 

violations or certificate of no violations 

on an annual basis will reduce the 

paperwork burden and result in cost 

savings for drivers and motor carriers. 

FMCSA does not expect this rule to 

affect safety negatively. Motor carriers 

will still be made aware of their 

employees’ convictions for driving 

violations via the annual MVR check 

required in § 391.25. 

B. Congressional Review Act 

This final rule is not a major rule as 

defined under the Congressional Review 

Act (5 U.S.C. 801–808).21

C. Regulatory Flexibility Act (Small 

Entities) 

The Regulatory Flexibility Act (RFA) 

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

Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA),22

requires Federal agencies to consider 

the effects of the regulatory action on 

small business and other small entities 

and to minimize any significant 

economic impact. The term ‘‘small 

entities’’ comprises small businesses 

and not-for-profit organizations that are 

independently owned and operated and 

are not dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000 (5 U.S.C. 

601(6)). Accordingly, DOT policy 

requires an analysis of the impact of all 

regulations on small entities, and 

mandates that agencies strive to lessen 

any adverse effects on these businesses. 

Consistent with SBREFA and DOT 

policy, FMCSA conducted an initial 

regulatory flexibility analysis, published 

the analysis with the NPRM, and 

requested comments. Although FMCSA 

received numerous public comments on 

the NPRM for this rule, there were no 

comments specific to the initial 

regulatory flexibility analysis. The Chief 

Counsel for Advocacy of the Small 

Business Administration (SBA) did not 

file comments in response to the 

proposed rule. FMCSA subsequently 

reviewed the available information on 

the number of affected small entities 

and the impact of the rule on those 

small entities and presents the analysis 

and certification below. 

Affected Small Entities 

This final rule affects interstate CMV 

drivers and interstate motor carriers. 

CMV drivers, however, do not meet the 

definition of a small entity in section 

601 of the RFA. Specifically, CMV 

drivers are considered neither a small 

business under section 601(3) of the 

RFA, nor a small organization under 

section 601(4) of the RFA.23

Under the RFA, as amended, motor 

carriers may be considered small 

entities based on the size standards 

defined by SBA to classify entities as 

small. SBA establishes separate 

standards for each industry, as defined 

by the North American Industry 

Classification System (NAICS).24 This 

rule could affect motor carriers in many 

different industry sectors in addition to 

the Transportation and Warehousing 

sector (NAICS sectors 48 and 49); for 

example, the Construction sector 

(NAICS sector 23), the Manufacturing 

sector (NAICS sectors 31, 32, and 33), 

and the Retail Trade sector (NAICS 

sectors 44 and 45). Not all entities 

within these industry sectors will be 

impacted by this rule; therefore, FMCSA 

cannot determine the number of small 

entities based on the SBA size 

standards. However, FMCSA anticipates 

that the majority of entities in the Truck 

Transportation subsector (NAICS code 

484) and the Transit and Ground 

Transportation subsector (NAICS Code 

485) are motor carriers that will be 

affected by this rule. FMCSA used data 

from the 2017 Economic Census to 

determine the percentage of motor 

carriers with annual revenue at or below 

the SBA size standards.25 The Economic 

Census sums the number of firms 

classified according to their NAICS code 

by ranges of annual revenue. FMCSA 

used the annual revenue ranges with the 

high end closest to the SBA thresholds 

to determine the percentage of freight 

and passenger carriers that meet the 

definition of an SBA small entity. As 

discussed below, the Agency estimates 

that 99.2 percent of trucking firms and 

99.4 percent of passenger carriers are 

classified as small businesses. The SBA 

threshold for NAICS Code 484 is $30 

million. For purposes of determining 

the percentage of trucking firms with 

annual revenue less than or equal to $30 

million, the Agency considered the 

annual revenue for all truck 

transportation firms reported in the 

Economic Survey under NAICS Code 

484. The Economic Survey revenue 

range closest to the SBA $30.0 million 

threshold includes all truck 

transportation firms with annual 

revenue ranging from $10.0 million to 

$24.9 million. The total number of truck 

transportation firms within the 8 ranges 

of annual revenue less than or equal to 

$30.0 million accounts for 99.2 percent 

of survey respondents. The Agency 

finds that this 99.2 percent is a 

reasonable proxy for the number of 

trucking firms with annual revenue 

equal to or less than the $30.0 million 

SBA threshold. The Agency used the 

same methodology to determine the 

percentage of passenger carriers that 

would be considered an SBA small 

entity. The SBA threshold for Transit 

and Ground Transportation firms 

(NAICS Code 485) is $16.5 million. For 

purposes of determining the percentage 

of passenger carriers with annual 

revenue less than or equal to $16.5 

million, the Agency considered the 

number of passenger carriers in three 

NAICS Code subsectors: Charter Bus; 

Interurban Transportation and Rural 

Transportation; and School and 

Employee Transportation subsectors.26

The Economic Census revenue range 

closest to the SBA $16.5 million 

threshold includes passenger carriers 

with revenue ranging from $5 million to 

$9.9 million. Passenger carriers with 

revenue less than or equal to $9.9 

million account for 99.4 percent of 

survey respondents within the three 


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27Public Law 104–121, 110 Stat. 857, 558 (Mar. 

29, 1996), 5 U.S.C. 601 note. 

subsectors. Thus, the Agency finds that 

99.4 percent of passenger carriers with 

revenue less than or equal to $9.9 

million is approximately the same 

percentage of those with annual revenue 

less than the $16.5 million SBA 

threshold. 

Therefore, FMCSA concludes that this 

rule will impact a substantial number of 

small entities. 

Impact 

The Agency rescinds § 391.27 because 

it duplicates drivers’ conviction 

information contained on MVRs that 

motor carriers currently receive 

annually pursuant to § 391.25. The 

elimination of § 391.27 results in cost 

savings to motor carriers because they 

will no longer have to file the lists and 

certificates in driver qualification files. 

FMCSA estimates a cost savings to all 

motor carriers of $1.56 million 

annualized at a 7 percent discount rate 

from time savings (2 minutes per driver 

list of traffic convictions or certificate of 

no convictions) at an hourly wage rate 

of $29 per hour. 

In order to determine if this impact 

would be significant, FMCSA considers 

the impact as a percentage of annual 

revenue and estimates the impact to be 

significant if it surpasses 1 percent of 

revenue. For each affected driver, an 

individual motor carrier will save an 

estimated $0.87 ($29 × .03 hours). The 

motor carrier would need to have 

annual revenue below $87 ($.87 ÷ 0.01) 

in order for this impact to reach the 

threshold of significance. It is not 

possible to determine the maximum 

number of drivers who would be 

affected at a given motor carrier in any 

1 year. For illustrative purposes, 

FMCSA depicts the impact if a motor 

carrier employed 15 affected drivers. 

The annual opportunity cost savings 

would be $13.05 ($29 × .03 hours × 15 

drivers), and the motor carrier would 

need to have annual revenues of equal 

to or less than $1,305 for the impact to 

be considered significant. FMCSA 

considers it unlikely that a motor carrier 

would be able to operate with such low 

revenues in light of the sizeable 

expenses to own and maintain CMVs 

and support employees. The impact of 

this rule increases linearly with the 

number of affected drivers (i.e., for each 

affected driver, the impact increases by 

$0.87 per year); however, FMCSA does 

not anticipate that this rule will result 

in a significant impact on small motor 

carriers regardless of the number of 

affected drivers per motor carrier. 

Section 391.25, as revised, requires 

motor carriers to request MVRs annually 

from every licensing authority where a 

driver holds or has held a CMV 

operator’s license or permit in the past 

year. In addition, a conforming change 

is made to § 391.23(a) to require motor 

carriers to request MVRs from all 

driver’s licensing authorities when 

hiring new drivers. As discussed earlier 

in the rule, the changes to §§ 391.23 and 

391.25 do not increase costs to motor 

carriers. 

Therefore, I hereby certify that this 

rule will not have a significant impact 

on a substantial number of small 

entities. 

D. Assistance for Small Entities 

In accordance with section 213(a) of 

SBREFA,27 FMCSA wants to assist small 

entities in understanding this final rule 

so they can better evaluate its effects on 

themselves and participate in the 

rulemaking initiative. If the final rule 

will 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 SBA’s Small Business and 

Agriculture Regulatory Enforcement 

Ombudsman and the Regional Small 

Business Regulatory Fairness Boards. 

The Ombudsman evaluates these 

actions annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of FMCSA, call 1–888–REG– 

FAIR (1–888–734–3247). DOT has a 

policy regarding the rights of small 

entities to regulatory enforcement 

fairness and an explicit policy against 

retaliation for exercising these rights. 

E. Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. 

The Act addresses actions that may 

result in the expenditure by a State, 

local, or Tribal government, in the 

aggregate, or by the private sector of 

$170 million (which is the value 

equivalent of $100 million in 1995, 

adjusted for inflation to 2020 levels) or 

more in any 1 year. Although this final 

rule does not result in such an 

expenditure, the Agency does discuss 

the effects of this rule elsewhere in this 

preamble. 

F. Paperwork Reduction Act (Collection 

of Information) 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520) requires that an 

agency consider the impact of 

paperwork and other information 

collection burdens imposed on the 

public. An agency is prohibited from 

collecting or sponsoring an information 

collection, as well as imposing an 

information collection requirement, 

unless it displays a valid OMB control 

number (5 CFR 1320.8(b)(3)(vi)). 

This final rule revises the existing 

Driver Qualification Files ICR (OMB 

Control Number 2126–0004), which 

expires April 30, 2023. FMCSA revises 

the ICR due to the Agency’s 

development of this rule and to provide 

updated information on the driver 

population, driver turnover rates, and 

driver wage rates. FMCSA seeks 

approval for the revision and renewal of 

the currently approved information 

collection. FMCSA will submit a copy 

of the final rule to OIRA at OMB for 

review and approval of the information 

collections. 

Title: Driver Qualification Files. 

OMB Control Number: 2126–0004. 

Type of Review: Revision and renewal 

of a currently approved information 

collection. 

Summary: The final rule eliminates 

§ 391.27, which requires that a driver 

operating a CMV must complete a list of 

convictions for traffic violations or a 

certification of no traffic convictions 

and submit the list or certification to the 

driver’s employing motor carrier on an 

annual basis. The motor carrier must file 

the list or certification in the driver’s 

qualification file. The elimination of 

§ 391.27 also eliminates its related 

information collections in IC–2.1 (driver 

submits list of violations to motor 

carrier) and IC–2.2 (motor carrier files 

list of violations in driver qualification 

file). 

The requirements of § 391.27 are 

largely duplicative of the requirements 

in § 391.25 that motor carriers must 

make an annual inquiry to States to 

request a driver’s MVR and file the MVR 

in the driver’s qualification file. Because 

§ 391.25 is currently limited to inquiries 

for drivers licensed by a State, this rule 

modifies § 391.25 to require motor 

carriers to request a driver’s MVR from 

each licensing authority that issued the 

driver a license. This change requires 

motor carriers to request MVRs from 

Canadian and Mexican driver’s 

licensing authorities. To maintain 

consistency within part 391 with 

respect to requests for MVRs, FMCSA 

makes conforming changes to § 391.23 

to require motor carriers to request 


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28Although Mexican motor carriers do not pay a 

fee to obtain MVRs, FMCSA continues to include 

the cost for consistency and administrative 

convenience. 

29See Ben Hooser comment available at https:// 

www.regulations.gov/comment/FMCSA-2018-0224- 

0024. 

30See anonymous comment available at https:// 

www.regulations.gov/comment/FMCSA-2018-0224- 

0072. 

31See Adrian O’Hara comment available at 

https://www.regulations.gov/comment/FMCSA2018-0224-0073. 

32See Portland General Electric comment 

available at https://www.regulations.gov/comment/ 

FMCSA-2018-0224-0082, anonymous comment 

available at https://www.regulations.gov/comment/ 

FMCSA-2018-0224-0087, anonymous comment 

available at https://www.regulations.gov/comment/ 

FMCSA-2018-0224-0090, TCA comment available at 

https://www.regulations.gov/comment/FMCSA2018-0224-0097, and Heritage-Crystal Clean, LLC 

comment available at https://www.regulations.gov/ 

comment/FMCSA-2018-0224-0101. 

MVRs from driver’s licensing 

authorities, instead of States, for the 3 

years preceding the date of employment 

when hiring a driver. FMCSA also 

changes § 391.21 to require each driver 

to provide on the employment 

application the issuing driver’s 

licensing authority, instead of State, of 

each unexpired CMV operator’s license 

or permit that has been issued to the 

driver so that motor carriers can make 

the required inquiries under § 391.23. 

The changes to §§ 391.21, 391.23, and 

391.25 do not increase paperwork 

burdens. This is because MCMIS, the 

repository for the Agency’s driver 

population data, counts the total 

number of drivers reported by motor 

carriers (both foreign and domestic). 

Also, for purposes of information 

collection burden calculation, the 

median fee for obtaining an MVR from 

either a foreign or a domestic authority 

is the same. 

FMCSA uses the MCMIS driver 

population data, which currently 

includes drivers employed by Canadian 

and Mexican motor carriers, to calculate 

the burden associated with information 

collections and paperwork. Therefore, 

although this rule institutes new 

requirements for motor carriers to 

request MVRs for their drivers operating 

in the United States who are licensed by 

a foreign authority rather than by a 

State, the current OMB-approved 

information collections for §§ 391.23 

and 391.25 in the Driver Qualification 

Files ICR already include reporting and 

recordkeeping costs incurred by motor 

carriers to request MVRs for such 

drivers. Similarly, the current OMBapproved information collection for 

§ 391.21 already includes reporting and 

recordkeeping costs incurred by drivers 

to prepare and submit employment 

applications. 

The changes to §§ 391.23 and 391.25 

also do not increase costs to motor 

carriers resulting from fees paid to 

Canadian and Mexican driver’s 

licensing authorities to obtain MVRs. As 

set forth in section 13 of the supporting 

statement, FMCSA has surveyed fees 

charged by driver’s licensing authorities 

and third-party processing companies in 

Canada and has determined that they 

are consistent with those to obtain 

MVRs from States. There is no fee to 

obtain MVRs in Mexico.28

Response to comments: The NPRM 

served as the 60-day notice for the ICR 

revision and requested public comment 

on the information collection (85 FR 

80745, Dec. 14, 2020). With respect to 

the information collections associated 

with § 391.27, a driver commented that 

the driver recently filled out the 

required paperwork and that it took 

about 1 minute.29 FMCSA estimates that 

it takes drivers 2 minutes to complete a 

list of convictions or certificate of no 

convictions. One motor carrier 

commented that complying with 

§ 391.27 is a ‘‘laborious task’’ and that 

it takes the better part of a month to 

receive information from drivers.30 A 

motor carrier Director of Safety 

commented that it is costly and time 

consuming to comply with § 391.27 and 

estimated the annual administrative 

burden to be in excess of 100 hours.31

Five other commenters stated that 

complying with § 391.27 is a huge 

paperwork burden, time or labor 

intensive, or a significant burden on 

motor carriers.32 FMCSA received no 

substantive comments in response to the 

NPRM regarding the paperwork burden 

relating to §§ 391.21, 391.23, and 

391.25. 

Burden estimates: The elimination of 

§ 391.27 deletes IC–2.1 (driver submits 

list of violations to motor carrier) and 

IC–2.2 (motor carrier files list of 

violations in driver qualification file). 

The OMB-approved burden associated 

with IC–2.1 is 0.06 million hours and 

$2.16 million. The OMB-approved 

burden associated with IC–2.2 is 0.06 

million hours and $1.74 million. Thus, 

the elimination of § 391.27 results in a 

paperwork burden reduction of 0.12 

million hours and $3.9 million for 

drivers and motor carriers. However, 

these reductions are offset in the 

proposed burden due to increases in the 

driver population, the driver turnover 

rate, and driver wage rates. The OMBapproved burden for the ICR is 12.27 

million hours at a cost of $350.64 

million. The proposed burden for the 

ICR is 14.23 million hours at a cost of 

$426.16 million. 

The revised total annual estimated 

burden associated with the Driver 

Qualification Files ICR that reflects the 

elimination of IC–2.1 and IC–2.2 and the 

updated driver population, driver 

turnover rate, and driver wage rate 

information is as follows. 

Estimated number of respondents: 

7.52 million (6.92 million drivers + 0.60 

million motor carriers). 

Estimated responses: 113.97 million. 

Frequency: Responses may be 

random, annual, or when hiring a 

driver. 

Estimated burden hours: 14.23 

million. 

Estimated cost: $426.16 million. 

Additional information for the 

assumptions, calculations, and 

methodology summarized above is 

provided in the supporting statement. 

The supporting statement is available in 

the docket for this rulemaking. 

Request for Comments: FMCSA asks 

for comment on the information 

collection requirements of this rule, as 

well as the revised total estimated 

burden associated with the information 

collections. Specifically, the Agency 

asks for comment on: (1) Whether the 

proposed information collections are 

necessary for FMCSA to perform its 

functions; (2) how the Agency can 

improve the quality, usefulness, and 

clarity of the information to be 

collected; (3) the accuracy of FMCSA’s 

estimate of the burden of this 

information collection; and (4) how the 

Agency can minimize the burden of the 

information collection. 

If you have comments on the 

collection of information, you must 

submit those comments as outlined 

under ADDRESSES at the beginning of 

this final rule. 

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 rule does not have 

substantial direct costs on or for States, 

nor would it limit the policymaking 

discretion of States. Nothing in this 

document preempts any State law or 

regulation. Therefore, this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Impact Statement. 

H. Privacy 

Section 522 of title I of division H of 

the Consolidated Appropriations Act, 


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33Public Law 108–447, 118 Stat. 2809, 3268 (Dec. 

8, 2004), 5 U.S.C. 552a note. 

34Public Law 107–347, sec. 208, 116 Stat. 2899, 

2921 (Dec. 17, 2002), 44 U.S.C. 3501 note. 

2005,33 requires the Agency to assess 

the privacy impact of a regulation that 

will affect the privacy of individuals. 

The assessment considers impacts of the 

rule on the privacy of information in an 

identifiable form and related matters. 

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 34

requires Federal agencies to conduct a 

privacy impact assessment for new or 

substantially changed technology that 

collects, maintains, or disseminates 

information in an identifiable form. No 

new or substantially changed 

technology will collect, maintain, or 

disseminate information as a result of 

this rule. Agency has completed a 

Privacy Threshold Assessment to 

evaluate the risks and effects the rule 

has on collecting, storing, and sharing 

personally identifiable information. 

FMCSA determined that this rule does 

not create privacy risks to individuals. 

In addition, the Agency submitted the 

Privacy Threshold Assessment to DOT’s 

Privacy Officer for review. The DOT 

Privacy Office also has determined that 

this rulemaking does not create privacy 

risk. 

I. E.O. 13175 (Indian Tribal 

Governments) 

This rule does not have Tribal 

implications under E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, because it 

does not have a substantial direct effect 

on one or more Indian Tribes, on the 

relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

J. National Environmental Policy Act of 

1969 

FMCSA analyzed this rule pursuant to 

the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.) and 

determined this action is categorically 

excluded from further analysis and 

documentation in an environmental 

assessment or environmental impact 

statement under FMCSA Order 5610.1 

(69 FR 9680, Mar. 1, 2004), Appendix 2, 

paragraph 6.z. The content in this rule 

is covered by the categorical exclusions 

in paragraph 6.z.(1) regarding the 

minimum qualifications for individuals 

who drive CMVs, and in paragraph 

6.z.(2) regarding the minimum duties of 

motor carriers with respect to the 

qualifications of their drivers. In 

addition, this rule does not have any 

effect on the quality of the environment. 

List of Subjects 

49 CFR Part 385 

Administrative practice and 

procedure, Highway safety, Mexico, 

Motor carriers, Motor vehicle safety, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 390 

Highway safety, Intermodal 

transportation, Motor carriers, Motor 

vehicle safety, Reporting and 

recordkeeping requirements. 

49 CFR Part 391 

Alcohol abuse, Drug abuse, Drug 

testing, Highway safety, Motor carriers, 

Reporting and recordkeeping 

requirements, Safety, Transportation. 

Accordingly, FMCSA amends 49 CFR 

chapter III as follows: 

PART 385—SAFETY FITNESS 

PROCEDURES 

■ 1. The authority citation for part 385 

continues to read as follows: 

Authority: 49 U.S.C. 113, 504, 521(b), 

5105(d), 5109, 5113, 13901–13905, 13908, 

31135, 31136, 31144, 31148, 31151, 31502; 

sec. 113(a), Pub. L. 103–311, 108 Stat. 1673, 

1676; sec. 408, Pub. L. 104–88, 109 Stat. 803, 

958; sec. 350, Pub. L. 107–87, 115 Stat. 833, 

864; sec. 5205, Pub. L. 114–94, 129 Stat. 

1312, 1537; and 49 CFR 1.87. 

■ 2. Amend appendix B to part 385, 

section VII, by removing the entry for 

‘‘§ 391.51(b)(7)’’ and adding an entry for 

‘‘§ 391.51(b)(6)’’ in its place to read as 

follows: 

Appendix B to Part 385—Explanation 

of Safety Rating Process 

* * * * * 

VII. List of Acute and Critical Regulations. 

* * * * * 

§ 391.51(b)(6) Failing to maintain medical 

examiner’s certificate in driver’s 

qualification file (critical). 

PART 390—FEDERAL MOTOR 

CARRIER SAFETY REGULATIONS; 

GENERAL 

■ 3. The authority citation for part 390 

continues to read as follows: 

Authority: 49 U.S.C. 113, 504, 508, 31132, 

31133, 31134, 31136, 31137, 31144, 31149, 

31151, 31502; sec. 114, Pub. L. 103–311, 108 

Stat. 1673, 1677; secs. 212 and 217, Pub. L. 

106–159, 113 Stat. 1748, 1766, 1767; sec. 229, 

Pub. L. 106–159 (as added and transferred by 

sec. 4115 and amended by secs. 4130–4132, 

Pub. L. 109–59, 119 Stat. 1144, 1726, 1743, 

1744), 113 Stat. 1748, 1773; sec. 4136, Pub. 

L. 109–59, 119 Stat. 1144, 1745; secs. 

32101(d) and 32934, Pub. L. 112–141, 126 

Stat. 405, 778, 830; sec. 2, Pub. L. 113–125, 

128 Stat. 1388; secs. 5403, 5518, and 5524, 

Pub. L. 114–94, 129 Stat. 1312, 1548, 1558, 

1560; sec. 2, Pub. L. 115–105, 131 Stat. 2263; 

and 49 CFR 1.81, 1.81a, 1.87. 

■ 4. Amend § 390.5 as follows: 

■ a. Lift the suspension of the section; 

■ b. Revise the definition of ‘‘motor 

vehicle record’’; and 

■ c. Suspend the section indefinitely. 

The revision reads as follows: 

§ 390.5 Definitions. 

* * * * * 

Motor vehicle record means the report 

of the driving status and history of a 

driver generated from the driver record 

that is provided to users, such as drivers 

or employers, and, for drivers licensed 

by a State, is subject to the provisions 

of the Driver Privacy Protection Act, 18 

U.S.C. 2721–2725. 

* * * * * 

■ 5. Amend § 390.5T by revising the 

definition of ‘‘motor vehicle record’’ to 

read as follows: 

§ 390.5T Definitions. 

* * * * * 

Motor vehicle record means the report 

of the driving status and history of a 

driver generated from the driver record 

that is provided to users, such as drivers 

or employers, and, for drivers licensed 

by a State, is subject to the provisions 

of the Driver Privacy Protection Act, 18 

U.S.C. 2721–2725. 

* * * * * 

PART 391—QUALIFICATIONS OF 

DRIVERS AND LONGER 

COMBINATION VEHICLE (LCV) 

DRIVER INSTRUCTORS 

■ 6. The authority citation for part 391 

continues to read as follows: 

Authority: 49 U.S.C. 504, 508, 31133, 

31136, 31149, 31502; sec. 4007(b), Pub. L. 

102–240, 105 Stat. 1914, 2152; sec. 114, Pub. 

L. 103–311, 108 Stat. 1673, 1677; sec. 215, 

Pub. L. 106–159, 113 Stat. 1748, 1767; sec. 

32934, Pub. L. 112–141, 126 Stat. 405, 830; 

secs. 5403 and 5524, Pub. L. 114–94, 129 

Stat. 1312, 1548, 1560; sec. 2, Pub. L. 115– 

105, 131 Stat. 2263; and 49 CFR 1.87. 

§ 391.11 [Amended] 

■ 7. Amend § 391.11 by removing 

paragraph (b)(6) and redesignating 

paragraphs (b)(7) and (8) as paragraphs 

(b)(6) and (7), respectively. 

■ 8. Amend § 391.21 by revising 

paragraph (b)(5) to read as follows: 


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Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations 13209 

§ 391.21 Application for employment. 

* * * * * 

(b) * * * 

(5) The issuing driver’s licensing 

authority, number, and expiration date 

of each unexpired commercial motor 

vehicle operator’s license or permit that 

has been issued to the applicant; 

* * * * * 

■ 9. Amend § 391.23 by revising 

paragraphs (a)(1) and (b) to read as 

follows: 

§ 391.23 Investigation and inquiries. 

(a) * * * 

(1) An inquiry, within 30 days of the 

date the driver’s employment begins, to 

each driver’s licensing authority where 

the driver held or holds a motor vehicle 

operator’s license or permit during the 

preceding 3 years to obtain that driver’s 

motor vehicle record. 

* * * * * 

(b) A copy of the motor vehicle 

record(s) obtained in response to the 

inquiry or inquiries to each driver’s 

licensing authority required by 

paragraph (a)(1) of this section must be 

placed in the driver qualification file 

within 30 days of the date the driver’s 

employment begins and be retained in 

compliance with § 391.51. If no motor 

vehicle record is received from a 

driver’s licensing authority required to 

submit this response, the motor carrier 

must document a good faith effort to 

obtain such information. The inquiry to 

a driver’s licensing authority must be 

made in the form and manner each 

authority prescribes. 

* * * * * 

■ 10. Amend § 391.25 by revising 

paragraph (a) to read as follows: 

§ 391.25 Annual inquiry and review of 

driving record. 

(a) Except as provided in subpart G of 

this part, each motor carrier shall, at 

least once every 12 months, make an 

inquiry to obtain the motor vehicle 

record of each driver it employs, 

covering at least the preceding 12 

months, to each driver’s licensing 

authority where the driver held a 

commercial motor vehicle operator’s 

license or permit during the time 

period. 

* * * * * 

§ 391.27 [Removed and Reserved] 

■ 11. Remove and reserve § 391.27. 

■ 12. Amend § 391.51 as follows: 

■ a. Revise paragraphs (b)(2) and (4); 

■ b. Remove paragraph (b)(6) and 

redesignate paragraphs (b)(7) through (9) 

as paragraphs (b)(6) through (8), 

respectively; 

■ c. Revise newly redesignated 

paragraph (b)(6)(iii); 

■ d. Revise paragraph (d)(1); 

■ e. Remove paragraph (d)(3) and 

redesignate paragraphs (d)(4) through 

(6) as paragraphs (d)(3) through (5), 

respectively; and 

■ f. Revise newly redesignated 

paragraph (d)(3). 

The revisions to read as follows: 

§ 391.51 General requirements for driver 

qualification files. 

* * * * * 

(b) * * * 

(2) A copy of the motor vehicle record 

received from each driver’s licensing 

authority pursuant to § 391.23(a)(1); 

* * * * * 

(4) The motor vehicle record received 

from each driver’s licensing authority to 

the annual driver record inquiry 

required by § 391.25(a); 

* * * * * 

(6) * * * 

(iii) If that driver obtained the medical 

certification based on having obtained a 

medical variance from FMCSA, the 

motor carrier must also include a copy 

of the medical variance documentation 

in the driver qualification file in 

accordance with paragraph (b)(7) of this 

section; 

* * * * * 

(d) * * * 

(1) The motor vehicle record received 

from each driver’s licensing authority to 

the annual driver record inquiry 

required by § 391.25(a); 

* * * * * 

(3) The medical examiner’s certificate 

required by § 391.43(g), a legible copy of 

the certificate, or, for CDL drivers, any 

CDLIS MVR obtained as required by 

paragraph (b)(6)(ii) of this section; 

* * * * * 

■ 13. Amend § 391.63 as follows: 

■ a. Revise paragraphs (a)(3) and (4); 

■ b. Remove paragraph (a)(5); and 

■ c. Revise the first sentence of 

paragraph (b). 

The revisions to read as follows: 

§ 391.63 Multiple-employer drivers. 

(a) * * * 

(3) Perform the annual driving record 

inquiry required by § 391.25(a); or 

(4) Perform the annual review of the 

person’s driving record required by 

§ 391.25(b). 

(b) Before a motor carrier permits a 

multiple-employer driver to drive a 

commercial motor vehicle, the motor 

carrier must obtain the driver’s name, 

the driver’s social security number, and 

the identification number, type, and 

issuing driver’s licensing authority of 

the driver’s commercial motor vehicle 

operator’s license. * * * 

■ 14. Amend § 391.67 by revising 

paragraph (a) to read as follows: 

§ 391.67 Farm vehicle drivers of 

articulated commercial motor vehicles. 

* * * * * 

(a) Section 391.11(b)(1) and (7) 

(relating to general qualifications of 

drivers); 

* * * * * 

■ 15. Amend § 391.68 by revising 

paragraph (a) to read as follows: 

§ 391.68 Private motor carrier of 

passengers (nonbusiness). 

* * * * * 

(a) Section 391.11(b)(1) and (7) 

(relating to general qualifications of 

drivers); 

* * * * * 

Issued under authority delegated in 49 CFR 

1.87. 

Robin Hutcheson, 

Acting Administrator. 

[FR Doc. 2022–04930 Filed 3–8–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Parts 565, 566, 567, 586, and 

591 

[Docket No. NHTSA–2021–0006] 

RIN 2127–AL77 

Vehicle Identification Number (VIN) 

Requirements; Manufacturer 

Identification; Certification; Replica 

Motor Vehicles; Importation of 

Vehicles and Equipment Subject to 

Federal Safety, Bumper, and Theft 

Prevention Standards 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA); 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule implements an 

exemption program for replica motor 

vehicles manufactured or imported by 

low-volume manufacturers, as set forth 

in Section 24405 of the Fixing 

America’s Surface Transportation Act 

(FAST Act). The FAST Act amended the 

National Traffic and Motor Vehicle 

Safety Act to direct the Secretary of 

Transportation (NHTSA by delegation) 

to exempt annually 325 replica motor 

vehicles manufactured or imported by 

low-volume manufacturers from Federal 

motor vehicle safety standards that 

apply to motor vehicles, but not 

standards that apply to motor vehicle 

equipment. To implement the 


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