Federal Register - July 23, 2021

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Source: Federal Register

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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations
G. E.O. 13132 Federalism A rule has implications for federalism under Section 1a of Executive Order 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. This rule amends the CDL regulations in 49 CFR
part 384 to align regulatory requirements with existing statutory requirements on States. Because this rule makes conforming, and not substantive, changes to requirements already imposed on States in the CDL
program, FMCSA has determined that it does not have substantial direct effects on the States, on the relationship between the Federal and State governments, or on the distribution of power and responsibilities among the various levels of government. Therefore, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Impact Statement.

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H. Privacy Impact Assessment The Consolidated Appropriations Act, 2005, Pub. L. 108447, 118 Stat. 2809, 3268, 5 U.S.C. 552a note, requires the Agency to conduct a privacy impact assessment PIA of a regulation that will affect the privacy of individuals.
Because this rule does not require the collection of personally identifiable information, the Agency is not required to conduct a PIA.
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, Public Law 107347, section 208, 116
Stat. 2899, 2921 Dec. 17, 2002, requires Federal agencies to conduct PIA for new or substantially changed technology that collects, maintains, or disseminates information in an
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identifiable form. No new or substantially changed technology would collect, maintain, or disseminate information as a result of this rule. As a result, FMCSA has not conducted a PIA.
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 Environment 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, paragraphs 6t1. The Categorical Exclusion CE in paragraph 6t1
covers requirements for regulations to ensure that the States comply with the provisions of the Commercial Motor Vehicle Safety Act of 1986, by including the minimum standards for the actions States must take to be in substantial compliance with each of the statutory requirements of 49 U.S.C. 31311a. The content in this rule is covered by this CE
and the final action does not have any effect on the quality of the environment.
List of Subjects in 49 CFR Part 384
Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety, and Motor carriers.
Accordingly, FMCSA amends 49 CFR
part 384 as follows:

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PART 384STATE COMPLIANCE
WITH COMMERCIAL DRIVERS
LICENSE PROGRAM
1. The authority citation for part 384
is revised to read as follows:

Authority: 49 U.S.C. 31136, 31301 et seq., 31502; secs. 103 and 215, Pub. L. 106159, 113 Stat. 1753, 1767; sec. 32934, Pub. L. 112
141, 126 Stat. 405, 830; and 49 CFR 1.87.

2. Amend 384.208 by revising paragraph a to read as follows:

384.208

Notification of disqualification.

a No later than 10 days after disqualifying a CLP or CDL holder licensed by another State, or disqualifying an out-of-State CLP or CDL holders privilege to operate a commercial motor vehicle for at least 60
days, the State must notify the State that issued the license of the disqualification via CDLIS.

3. Amend 384.209 by revising paragraph c to read as follows:

384.209

Notification of traffic violations.

c Required timing of notification.
Notification of traffic violations must be made within 10 days of the conviction and must be transmitted through CDLIS.
4. Amend 384.301 by adding paragraph n to read as follows:

384.301 Substantial compliance-general requirements.

n A State must come into substantial compliance with the requirements of this part in effect as of August 23, 2021, as soon as practicable, but not later than August 22, 2024.
Issued under authority delegated in 49 CFR
1.87.
Meera Joshi, Deputy Administrator.
FR Doc. 202115693 Filed 72221; 8:45 am BILLING CODE 4910EXP

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Federal Register - July 23, 2021

TitoloFederal Register

PaeseStati Uniti

Data23/07/2021

Conteggio pagine1042

Numero di edizioni7798

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Ultima edizione18/06/2026

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