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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations
Section 384.225
FMCSA revises this section by adding new subparagraph a3 to require the State to post and maintain, as part of the CDLIS driver record, the removal of the CLP or CDL privilege from the drivers license, in accordance with 383.73q.
Section 384.235
FMCSA amends this section by establishing the date by which the State must begin complying with the requirements set forth in 383.73
applicable to request for Clearinghouse information, noncompletion of the transaction, downgrade, and reinstatement.
Section 384.301
This section sets forth the general requirements for the State to be in substantial compliance with 49 U.S.C.
31311a. FMCSA adds new paragraph o to require that the State be in substantial compliance with the requirements in 383.73, 384.225, and 384.235 no later than the compliance date established by this final rule.
D. Part 390
This part, entitled Federal Motor Carrier Safety Regulations; General, establishes general applicability provisions, definitions, general requirements, and information as they pertain to persons subject to 49 CFR
chapter 3. FMCSA amends 390.3Tf1
to add new 392.15 to the list of provisions that remain applicable to school bus operations as defined in 390.5T. FMCSA also amends 390.3f1 in the same way, so when the temporary section is removed and the changes made by the Unified Registration System final rule take effect,27 the change made by this final rule will also be in effect.
E. Part 392
This part, entitled Driving of Commercial Motor Vehicles, sets forth requirements pertaining to the management, maintenance, operation or driving of CMVs. FMCSA adds new 392.15 to prohibit any driver subject to 382.501a from operating a CMV.

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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 27 82

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Planning and Review, as supplemented by E.O. 13563 76 FR 3821, Jan. 21, 2011, Improving Regulation and Regulatory Review, and DOTs regulatory policies and procedures. The Office of Information and Regulatory Affairs within the Office of Management and Budget OMB has determined that this rulemaking is not a significant regulatory action under section 3f of E.O. 12866. Accordingly, OMB has not reviewed it under that E.O.
As described above, this rule prohibits SDLAs from issuing, renewing, upgrading, or transferring the CDL, or issuing, renewing, or upgrading the CLP, of any driver who is prohibited from operating a CMV due to drug and alcohol program violations. In addition, SDLAs will be required to downgrade the CLP or CDL of drivers who are prohibited from operating a CMV due to drug and alcohol program violations.
FMCSA believes that the rule will increase safety by enhancing the enforcement of the current CMV driving prohibition. These factors are discussed below.
Need for Regulation The 2016 Clearinghouse final rule included the MAP21 requirement that SDLAs check the Clearinghouse prior to renewing or issuing a CDL. However, the rule did not address how SDLAs should use Clearinghouse information for drivers licensed, or seeking to become licensed, in their State.
Therefore, under the current rule, drivers who violate the drug and alcohol program can continue to hold a valid CLP or CDL, even though they are prohibited from operating a CMV until completing RTD. These drivers, who are illegally operating a CMV, are thus able to evade detection by enforcement personnel. The Agency considers this result a form of market failure caused by inadequate or asymmetric information, as described in OMB
Circular A4.28 The final rule addresses this failure by improving the flow of information to SDLAs and enforcement officials from the Clearinghouse.
Cost Impacts The RIA published with the Clearinghouse final rule in 2016 2016
RIA assumed that SDLAs would incur no costs to query the Clearinghouse using CDLIS. However, the 2016 RIA
did not include SDLAs IT development costs or operating and maintenance expenses O&M associated with the 28 OMB, Circular A4: Regulatory Analysis, September 17, 2003, pp. 45. Available at https
www.whitehouse.gov/sites/whitehouse.gov/files/
omb/circulars/A4/a-4.pdf, accessed April 22, 2021.

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interface that would connect the Clearinghouse and CDLIS. Hence, they are accounted for in the estimate of the costs associated with this rule.
The NPRM proposed two alternatives related to the States use of Clearinghouse information, and two methods for electronically transmitting information from the Clearinghouse to the SDLAs. The estimated cost of the proposed rule varied based on the regulatory alternative and method of information transmission. The final rule follows the Agencys preferred alternative by requiring a license downgrade, but allows the SDLA to choose the most cost beneficial method of information transmission. This rule will result in IT costs for SDLAs, AAMVA, and the Federal government, and in opportunity costs for drivers and motor carriers.
In the NPRM, FMCSA proposed two methods for information transmission:
CDLIS and a web-based services option.
The Agency estimated that the CDLIS
option would be more costly. Some States commented they preferred to use CDLIS due to familiarity with that platform, while others were not sure which method would be most cost effective. Under the final rule, SDLAs can choose between transmitting information via CDLIS or a web-based services platform.
As provided by MAP21 and current FMCSA regulations, SDLAs, prior to issuing a CLP or CDL, will be required to check the CDLIS driver record to ensure that the driver has not been disqualified in another State and that other regulatory requirements have been met. This final rule, by electronically linking the CDLIS pointer system either directly to the Clearinghouse or indirectly through a web-based services call, will allow this record check to electronically capture relevant Clearinghouse information i.e., a drivers prohibited status along with other driver-specific data, such as moving violations or medical certification status. Thus, the Agency intends that SDLAs will therefore request information from the Clearinghouse by initiating a check of the CDLIS driver record. Under either method of transmission, no additional query or request by the SDLA will be required at the time of the licensing transaction, thereby minimizing the burden of performing the required check of the Clearinghouse.
Because SDLAs already perform CDLIS driver record checks when conducting a commercial license transaction, FMCSA finds that SDLAs would not incur labor costs to pull Clearinghouse information through
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