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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations
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SDLA be specifically discussed, and that FMCSA allow States the time they need to enact laws or regulations implementing Federal regulatory requirements related to the Clearinghouse. AAMVA recommended that the Agency disqualify drivers who commit drug or alcohol violations, which would provide SDLAs a clear basis on which to take action on the commercial license. Additionally, prior to issuance of the NPRM, the Agency consulted directly with the SDLAs during FMCSAs CDL Roundtable, a bimonthly forum convened to discuss regulatory developments. Following publication of the NPRM, FMCSA
presented an overview of the proposal to SDLAs participating in AAMVAs CDLIS Working Group and encouraged the States to submit comments to the rulemaking docket.
Drivers who violate FMCSAs drug and alcohol program and continue to operate a CMV despite the existing prohibition pose a significant risk to public safety. The Agency believes the final rule is necessary in order to mitigate that risk. By requiring States receiving MCSAP grant funds to adopt the CMV driving prohibition, and requiring that States, to avoid having Federal highway funds withheld under 49 U.S.C. 31314, deny certain commercial licensing transactions and remove the commercial driving privileges of drivers prohibited from operating a CMV due to drug and alcohol program violations, the final rule will improve safety by keeping prohibited drivers off our Nations highways.
The final rule addresses the questions and concerns of the States, as noted above, in Section II., subsections A.
Purpose and Summary of the Regulatory Action, B. Summary of Major Provisions, and C. Costs and Benefits; Section IV. Legal Basis for the Rulemaking; Section V., subsections A.
Purpose and Intent of State-Related Clearinghouse Requirements, B.
AAMVAs Petition for Rulemaking, and C. Impact of MAP21 on State Laws; Section VI., subsection B.
Comments and Responses; Section XI., subsection A. E.O. 12866 Regulatory Planning and Review, E.O. 13563
Improving Regulation and Regulatory Review, and DOT Regulatory Policies and Procedures; and in relevant portions of the regulatory text.52
52 For more detailed information regarding questions and concerns raised about the extent and nature of the States role in the Clearinghouse, and the preemptive effect of MAP21 on State-based reporting requirements, see the NPRM 85 FR
23670, located in docket FMCSA20170330
accessible at www.regulations.gov.

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H. Privacy Section 522 of title I of division H of the Consolidated Appropriations Act, 2005, enacted December 8, 2004 Pub. L.
108447, 118 Stat. 2809, 3268, note following 5 U.S.C. 552a, requires the Agency to conduct a Privacy Impact Assessment of a regulation that will affect the privacy of individuals. The assessment considers impacts of the rule on the privacy of information in an identifiable form and related matters.
The FMCSA Privacy Officer has evaluated the risks and effects the rulemaking might have on collecting, storing, and sharing personally identifiable information and has evaluated protections and alternative information handling processes in developing the rule to mitigate potential privacy risks. FMCSA preliminarily determined that this rule would not require the collection of individual personally identifiable information beyond that which is already required by the Clearinghouse final rule.
In addition, the Agency submitted a Privacy Threshold Assessment analyzing the rulemaking and the specific process for collection of personal information to the DOT, Office of the Secretarys Privacy Office. The DOT Privacy Office has determined that this rulemaking does not create privacy risk.
The E-Government Act of 2002, Public Law 107347, sec. 208, 116 Stat.
2899, 2921 Dec. 17, 2002, requires Federal agencies to conduct a Privacy Impact Assessment for new or substantially changed technology that collects, maintains, or disseminates information in an identifiable form. No new or substantially changed technology would collect, maintain, or disseminate information because of this final rule.
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 Environmental 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
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excluded from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1
69 FR 9680, March 1, 2004, Appendix 2, paragraph 6t2. The categorical exclusion CE in paragraph 6t2
covers regulations ensuring States comply with the Commercial Motor Vehicle Act of 1986, by having the appropriate information technology systems concerning the qualification and licensing of persons who apply for and persons who are issued a CDL. The requirements in this rule are covered by this CE, and this action does not have the potential to significantly affect the quality of the environment.
List of Subjects 49 CFR Part 382
Administrative practice and procedure, Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor carriers, Penalties, Safety, Transportation.
49 CFR Part 383
Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety, Motor carriers.
49 CFR Part 384
Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety, Motor carriers.
49 CFR Part 390
Highway safety, Intermodal transportation, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements.
49 CFR Part 392
Alcohol abuse, Drug abuse, Highway safety, Motor carriers.
For the reasons discussed in this preamble, FMCSA amends 49 CFR parts 382, 383, 384, 390, and 392 as follows:
PART 382CONTROLLED
SUBSTANCES AND ALCOHOL USE
AND TESTING
1. The authority citation for part 382
is revised to read as follows:

Authority: 49 U.S.C. 31133, 31136, 31301
et seq., 31502; sec. 32934 of Pub. L. 112141, 126 Stat. 405, 830; and 49 CFR 1.87.

2. Amend 382.503 by:
a. Revising the section heading;
b. Designating the text as paragraph a; and c. Adding paragraph b.
The revision and addition read as follows:

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07OCR1