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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations the exclusively electronic exchange requirements into State law.
In recognition of these issues, the final rule provides that States should achieve substantial compliance as soon as possible, but not later than 3 years from the effective date of this rule. This period provides sufficient time for those SDLAs required to obtain authorization from their State legislatures to do so. In addition, FMCSA will work closely with AAMVA and the States to address current systemic impediments to transmitting DHR information through CDLIS, and to provide related regulatory guidance responding to SDLAs questions and concerns. The Agency acknowledges that some SDLAs believe CDLIS is not the most efficient electronic means of transmitting driver conviction information. As discussed above, however, FMCSA must adhere to the statutory requirements codified by this final rule, which specify that CDLIS
be used to transmit the information.
V. Section-by-Section Analysis The words via CDLIS are added to the end of paragraph a of 384.208.
The phrase and must be transmitted through CDLIS is added to the end of paragraph c of 384.209.
This final rule also adds new paragraph n to 384.301, requiring States to come into substantial compliance with the changes made by this final rule within 3 years of its effective date.
VI. Regulatory Analyses
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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 impact of this final rule under E.O. 12866 58 FR
51735, Oct. 4, 1993, Regulatory Planning and Review, E.O. 13563 76 FR
3821, Jan. 21, 2011, Improving Regulation and Regulatory Review, and DOTs regulatory policies and procedures. OIRA determined that this final rule is not a significant regulatory action under section 3f of E.O. 12866, as supplemented by E.O. 13563, and does not require an assessment of potential costs and benefits under section 6a3 of that order.
Accordingly, OMB has not reviewed it under these orders.
This rulemaking codifies a mandate imposed by MAP21, as set forth in 49
U.S.C. 31309e4Aii and 31311a23. Those provisions require, respectively, that States use CDLIS to receive and submit driver conviction and disqualification data, and that, to
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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.
While all States currently have the technical capability to comply with the MAP21 requirements by electronically transmitting DHR information through CDLIS, some States must rely on nonelectronic means e.g., mail to transfer the DHR information on those occasions when they do not have sufficient information for CDLIS to validate and accept transmission e.g., when there is a missing or incorrect date of birth or incorrect CDL number. As discussed above, FMCSA will work with AAMVA
and the States to address the CDLIS
constraints on submitting electronic DHR information, which should minimize the extent to which the initiating State is unable to complete the transmission due to deficient information, and to streamline further the exchange of DHR information through CDLIS. CDLIS costs may result, however, if AAMVA determines that software updates are necessary at the State level to accomplish this change. At this time, the existence or extent of potential CDLIS update costs is unknown. If such costs are incurred, States are eligible to apply for Commercial Driver License Program Implementation grants.
Further, FMCSA is aware that at least one State believes exclusively electronic exchange of DHR information would result in a cost savings. Some States currently employ people and/or pay overtime to process paper convictions;
the more efficient electronic submission of DHR information will allow those resources to be used for other purposes.
FMCSA does not know the extent of these cost savings in any given State, or the number of States that would experience a cost savings.
B. Congressional Review Act This rule is not a major rule as defined under the Congressional Review Act 5 U.S.C. 801, et seq..
C. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980
5 U.S.C. 601, et seq. applies to any rule subject to notice and comment rulemaking under section 553b of the APA and 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. FMCSA is not required to complete a regulatory
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flexibility analysis, because, as discussed earlier in the Legal Basis section, this action is not subject to notice and comment under section 553b of the APA.
D. Assistance for Small Entities In accordance with section 213a of the Small Business Regulatory Enforcement Fairness Act of 1996,2
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 Small Business Administrations Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agencys responsiveness to small business. If you wish to comment on actions by employees of FMCSA, call 1888REG
FAIR 18887343247. 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. 15311538 requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, 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 $168 million which is the value equivalent of $100,000,000 in 1995, adjusted for inflation to 2019 levels or more in any one year. Though this final rule will not result in such an expenditure, the Agency does discuss the effects of this rule elsewhere in this preamble.
F. Paperwork Reduction Act This final rule contains no new information collection requirements under the Paperwork Reduction Act of 1995 44 U.S.C. 35013520.
2 Public Law 104121, 110 Stat. 857, Mar. 29, 1996.

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