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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations
Compliance Date: Compliance with the final rule is required August 22, 2024.
Petitions for Reconsideration:
Petitions for reconsideration of this final rule must be submitted to the FMCSA
Administrator no later than August 23, 2021.
FOR FURTHER INFORMATION CONTACT: Mr.
Joshua Jones, Commercial Drivers License Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590
0001, 202 3667332, cdlcompliance@
dot.gov. If you have questions on viewing or submitting material to the docket, contact Dockets Operations, 202 3669826.
SUPPLEMENTARY INFORMATION:
I. Availability of Rulemaking Documents For access to docket FMCSA2020
0198 to read background documents, go to https www.regulations.gov/docket/
FMCSA-2020-0198/document at any time, or to Dockets Operations at U.S.
Department of Transportation, Room W12140, 1200 New Jersey Avenue SE, Washington, DC 205900001, between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays.

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II. Executive Summary This rule revises 49 CFR 384.208, Notification of disqualification, and 384.209, Notification of traffic violations, to require that States implement a system and practices for the exclusively electronic exchange of DHR information through CDLIS, including the posting of convictions, withdrawals, and disqualifications. The requirements are mandated by sections 32305a1 and 32305b1B of MAP
21 Pub. L. 112141, 126 Stat. 405, 792, codified at 49 U.S.C. 31309e4Aii and 31311a23. The purpose of the rule is to align FMCSAs regulations with existing statutory requirements.
States must achieve substantial compliance with this requirement as soon as practicable, but not later than 3
years after the effective date of the final rule. Substantial compliance means that a State meets this requirement by means of the demonstrable combined effect of its statutes, regulations, administrative procedures and practices, organizational structures, internal control mechanisms, resource assignments facilities, equipment, and personnel, and enforcement practices.
49 CFR 384.301a.
Because all States currently have the technical capability to send DHR
information electronically through CDLIS, including convictions,
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withdrawals, and disqualifications, the Agency does not expect this rule to result in incremental costs or benefits to the States. Costs and benefits are discussed further below in Section VI.
III. Legal Basis for the Rulemaking This final rule is based on the general authority of 49 U.S.C. chapter 313. The provisions in 49 U.S.C. chapter 313, implemented in 49 CFR parts 383 and 384, establish the commercial drivers license CDL and commercial learners permit CLP programs, as well as the CDLIS. The CDLIS is a national information technology system facilitating the electronic exchange of driver-specific data among the States, including commercial license status and driving history 49 U.S.C. 31309. The States are required to ensure that CDL
and CLP holders convicted of serious traffic violations are prohibited from operating a CMV for the periods prescribed 49 U.S.C. 31310. The Secretary of Transportation the Secretary is directed to monitor the States compliance with the licensing, testing, and qualification standards set forth in the statute 49 U.S.C. 31311.
The goal of these provisions is to improve highway safety by ensuring that drivers of large trucks and buses are qualified to operate those vehicles, and to remove unqualified drivers from public roads.
As noted above, this final rule derives from the specific authority of sections 32305a1 and 32305b1B of MAP
21. Those provisions require, respectively, that States use CDLIS to receive and submit driver conviction and disqualification data, and that, to avoid having apportionments from the Highway Trust Fund under 23 U.S.C.
104b1 and b2 withheld, States must implement procedures for the exclusively electronic exchange of DHR
information on CDLIS, including the posting of convictions, withdrawals, and disqualifications. This final rule incorporates those requirements into the Code of Federal Regulations CFR.
The Administrative Procedure Act APA provides that notice and comment are not required when the agency finds good cause to dispense with such procedures, and incorporates the finding, and a brief statement of reasons supporting the finding, in the rule issued. Good cause exists when the agency determines that notice and public comment procedures are impracticable, unnecessary, or contrary to the public interest 5 U.S.C.
553bB. In this case, Congress did not vest any discretion in the Secretary for carrying out the statutory provisions cited above; these requirements are
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already in effect and enforceable, regardless of whether they are incorporated in the CFR. The Agency therefore finds that notice and public comment are unnecessary because FMCSA is not authorized to make any changes in these requirements in response to public comments. This final rule simply codifies an existing statutory requirement, thereby aligning the statute and CFR.
The requirements pertaining to public participation in rulemaking, as set forth in 49 U.S.C. 31136g and 49 CFR
389.13b, do not apply here because this final rule is not a major rule.1
Finally, the FMCSA Administrator is delegated authority under 49 CFR
1.87e1 to carry out the functions vested in the Secretary by 49 U.S.C.
chapter 313, relating to commercial motor vehicle operators.
IV. Discussion of Final Rule As noted above, MAP21 amended 49
U.S.C. 31311a by adding the requirement that States implement a system and practices for the exclusively electronic exchange of driver history record information on the system the Secretary maintains under section 31309 i.e., CDLIS, including the posting of convictions, withdrawals, and disqualifications. This final rule codifies those requirements.
In March 2020, FMCSA held an information listening session during its regular Roundtable discussion with the American Association of Motor Vehicle Administrators AAMVA, SDLAs, and other stakeholders affected by the electronic exchange requirements. While all States currently have the technical capability to transmit the DHR information through CDLIS, some SDLAs are unable to do so when the driver information e.g., drivers CDL number, date of birth, or State of record, required for CDLIS to validate and accept the electronic record, is incorrect or missing. Under those circumstances, States must rely on alternative methods of transmission, such as the U.S. mail. Some States also noted the need for specific authorization by their State legislatures to incorporate 1 A major rule means any rule that the Administrator of Office of Information and Regulatory Affairs OIRA at the Office of Management and Budget OMB finds has resulted in or is likely to result in a an annual effect on the economy of $100 million or more; b a major increase in costs or prices for consumers, individual industries, geographic regions, or Federal, State, or local government agencies; or c significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets 49 CFR 389.3.

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