Federal Register - October 7, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations to implement. Under the final rule, SDLAs may choose between transmitting information via CDLIS or a web-based services platform. FMCSA
anticipates that SDLA costs for IT
system development will depend on many variables and could range from $60,000 to $300,000. For analysis purposes, the Agency estimates that each SDLA will incur IT development costs of approximately $200,000 in the first year of the analysis, and operation and maintenance costs equal to 20
percent of development cost in each of years 2 through 10. Two States also indicated they will incur costs to manage additional customer service inquiries related to the mandatory downgrade. FMCSA estimates that the annual cost for all SDLAs to manage additional customer service inquiries will total approximately $159,000. In addition to SDLA costs, AAMVA
indicated it may incur costs for aligning the Clearinghouse information with disqualification data that already exists
in CDLIS. FMCSA will work with AAMVA to determine the necessity and extent of these costs, but for analysis purposes estimates that they would not be greater than $200,000 for development, with an annual operations and maintenance cost of $40,000.
FMCSA will incur costs of approximately $1 million for development of a web-based services application and approximately $200,000
for annual operations and maintenance costs in years 2 through 10 of the analysis. Under the final rule, a driver may incur an opportunity cost equal to the income forgone between the time he or she is eligible to resume operating a CMV i.e., when an employer reports a negative RTD test result to the Clearinghouse and when the SDLA
reinstates the drivers privilege to operate a CMV. The estimate of opportunity costs drivers may incur is a function of the number of drivers that may be subject to a downgrade, the time spent at the SDLA to reinstate their
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CLP/CDL privileges, the forgone wages, and the travel costs to drive to and from the SDLA. As discussed in Section XI.
below, FMCSA estimates that, annually, approximately 5,000 drivers will spend one 10-hour day at the SDLA, resulting in annual costs for all drivers of approximately $1.6 million. Motor carrier opportunity costs are estimated because drivers subject to reinstatement would not be eligible to resume safetysensitive functions, such as driving a CMV, until the SDLA restores the CLP
or CDL privilege to the drivers license.
FMCSA estimates that motor carrier opportunity cost resulting from this rule will total just below $200,000 per year.
The table below shows the 10-year and annualized total cost estimates for the final rule. The Agency estimates the 10-year total cost of the rule at $51.7
million; the estimated annualized cost is $5.2 million. At a 7 percent discount rate, the 10-year total estimated cost is $38.5 million, and the estimated annualized cost is $5.5 million.
TABLE 1TOTAL 10-YEAR AND ANNUALIZED COSTS OF THE FINAL RULE
Undiscounted 2019 $ million
Discounted at 7%
$ million
Cost category
lotter on DSK11XQN23PROD with RULES1
10-year total cost
Annualized
10-year total cost
Annualized
SDLA Cost
AAMVA IT Cost
Federal Government IT Cost
Driver Opportunity Cost
Motor Carrier Opportunity Cost
$30.1
0.6
2.8
16.4
1.8
$3.0
0.1
0.3
1.6
0.2
$23.1
0.4
2.2
11.5
1.3
$3.3
0.1
0.3
1.6
0.2
Total
51.7
5.2
38.5
5.5
This rule will improve the enforcement of the current driving prohibition by requiring that States refrain from issuing, renewing, transferring, or upgrading the CLP or CDL of affected drivers. Removal of the commercial privilege from the drivers license mandatory CLP or CDL
downgrade will ensure more consistent roadside enforcement against drivers who continue to operate a CMV in violation of the prohibition. The mandatory downgrade may also reduce drug and alcohol program violations, since a drivers loss of the commercial privilege directly impacts his or her ability to obtain employment that involves operating a CMV. This rule will also permit the Agency to use its enforcement resources more effectively.
The final rules costs and benefits are addressed further below in Section XI.
III. Abbreviations and Acronyms AAMVA American Association of Motor Vehicle Administrators
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ATA American Trucking Associations CA DMV California CA Department of Motor Vehicles CFR Code of Federal Regulations CDL Commercial Drivers License CDLIS Commercial Drivers License Information System CLP Commercial Learners Permit CMV Commercial Motor Vehicle DACH or Clearinghouse Drug and Alcohol Clearinghouse DOT Department of Transportation DUI Driving Under the Influence FMCSA Federal Motor Carrier Safety Administration FR Federal Register Greyhound Greyhound Lines Inc.
Illinois Office of the Illinois Secretary of State IOT Intensive Outpatient Treatment Iowa DOT Iowa Department of Transportation IT Information Technology MCSAP Motor Carrier Safety Assistance Program MDOJMVD Montana Department of JusticeMotor Vehicle Division Nebraska State of Nebraska Department of Motor Vehicles
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NMFTA National Motor Freight Traffic Association Nlets The International Justice and Public Safety Network NRCME National Registry of Certified Medical Examiners NSTA The National School Transportation Association NYSDMV New York State Department of Motor Vehicles OOIDA Owner-Operator Independent Drivers Association Oregon Oregon Department of Transportation, Driver and Motor Vehicle Services RTD Return to Duty SDLA State Drivers Licensing Agency Secretary U.S. Secretary of Transportation Texas DPS State of Texas, Department of Public Safety TCA Truckload Carriers Association Trucking Alliance The Alliance for Driver Safety & Security U.S.C. United States Code Virginia DMV Commonwealth of Virginia, Department of Motor Vehicles
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