Procedures for Participating in and Receiving Data From the National Driver Register Problem Driver Pointer System Pursuant to a Personnel Security Investigation and Determination, 19823-19826 [06-3663]
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Federal Register / Vol. 71, No. 74 / Tuesday, April 18, 2006 / Rules and Regulations
normal business hours. For assistance,
please contact FERC Online Support at
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Public Reference Room at 202–502–
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public.referenceroom@ferc.gov).
75. Changes to Order No. 672 made in
this order on rehearing will become
effective on May 18, 2006.
List of Subjects in 18 CFR Part 39
Administrative practice and
procedure, Electric power, Penalties,
Reporting and recordkeeping
requirements.
[Docket No. NHTSA–05–22265]
In consideration of the foregoing, the
Commission amends Chapter I, Title 18,
Code of Federal Regulations to read as
follows:
PART 39—RULES CONCERNING
CERTIFICATION OF THE ELECTRIC
RELIABILITY ORGANIZATION AND
PROCEDURES FOR THE
ESTABLISHMENT, APPROVAL, AND
ENFORCEMENT OF ELECTRIC
RELIABILITY STANDARDS
1. The authority citation for part 39
continues to read as follows:
I
Authority: 16 U.S.C. 8240.
2. In § 39.6, paragraphs (b)(1) and (c)
are revised to read as follows:
I
§ 39.6 Conflict of a Reliability Standard
with a Commission Order.
*
*
*
*
*
(b) * * *
(1) The Transmission Organization to
file a modification of the conflicting
function, rule, order, tariff, rate
schedule, or agreement pursuant to
section 206 of the Federal Power Act, as
appropriate, or
*
*
*
*
*
(c) The Transmission Organization
shall continue to comply with the
function, rule, order, tariff, rate
schedule, or agreement accepted,
approved, or ordered by the
Commission until the Commission finds
that a conflict exists, the Commission
orders a change to such provision
pursuant to section 206 of the Federal
Power Act, and the ordered change
becomes effective.
[FR Doc. 06–3631 Filed 4–17–06; 8:45 am]
BILLING CODE 6717–01–P
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Procedures for Participating in and
Receiving Data From the National
Driver Register Problem Driver Pointer
System Pursuant to a Personnel
Security Investigation and
Determination
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule.
I
hsrobinson on PROD1PC68 with RULES
23 CFR Part 1327
AGENCY:
By the Commission.
Magalie R. Salas,
Secretary.
15:00 Apr 17, 2006
National Highway Traffic Safety
Administration
RIN 2127–AJ66
V. Effective Date
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DEPARTMENT OF TRANSPORTATION
SUMMARY: This final rule announces that
the amendments to the agency’s
National Driver Register (NDR)
regulations that were published in an
interim final rule to reflect changes
made to the National Driver Register Act
of 1982 by Section 1061 of the Ronald
W. Reagan National Defense
Authorization Act for Fiscal Year 2005
(Pub. L. 108–375) will remain in effect
with one minor change. The
amendments authorize a Federal
department or agency that investigates
an individual for the purpose of
determining the individual’s eligibility
to access national security information
to request and receive information from
the National Driver Register, upon
request and consent of the individual.
This final rule establishes the
procedures for individuals to request
and for the Federal department or
agency to receive NDR information.
DATES: This final rule becomes effective
on June 19, 2006.
FOR FURTHER INFORMATION CONTACT: For
program issues: Mr. Sean McLaurin,
Chief, National Driver Register, NPO–
122, National Highway Traffic Safety
Administration, 400 Seventh Street,
SW., Washington, DC, 20590.
Telephone: (202) 366–4800. For legal
issues: Mr. Roland (R.T.) Baumann III,
Attorney-Advisor, Office of the Chief
Counsel, NCC–113, National Highway
Traffic Safety Administration, 400
Seventh Street, SW., Washington, DC,
20590. Telephone: (202) 366–1834.
SUPPLEMENTARY INFORMATION:
I. Background
A. National Driver Register
The National Driver Register (NDR) is
a central file of information on
individuals whose license to operate a
motor vehicle in a State has been
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19823
denied, revoked, suspended, or
canceled, for cause, or who have been
convicted of certain serious trafficrelated violations in a State, such as
racing on the highway or driving while
impaired by alcohol or other drugs. The
NDR was designed to prevent such
individuals from obtaining a driver’s
license in another State, using a device
known as the Problem Driver Pointer
System (PDPS).
The PDPS consists of a list of problem
drivers (with certain identifying
information) contained in ‘‘pointer’’
records. These records ‘‘point’’ to the
State where the substantive adverse
records about the driver can be
obtained. The PDPS system is fully
automated and enables State driver
licensing officials to determine
instantaneously whether another State
has taken adverse action against a
license applicant.
B. National Driver Register Act of 1982
The NDR Act of 1982, as amended, 49
U.S.C. 30301, et seq., authorizes State
chief driver licensing officials to request
and receive information from the NDR
for driver licensing and driver
improvement purposes. When an
individual applies for a driver’s license,
for example, these State officials are
authorized to request and receive NDR
information to determine whether the
applicant’s driver’s license has been
withdrawn for cause or the applicant
has been convicted of specific offenses
in another State. Because the NDR is a
nationwide index, State chief driver
licensing officials need only submit a
single inquiry to obtain this
information.
State chief driver licensing officials
also are authorized under the NDR Act
to request NDR information on behalf of
other NDR users for specific
transportation safety purposes. The NDR
Act authorizes the following entities to
receive NDR information for limited
transportation purposes: The National
Transportation Safety Board and the
Federal Highway Administration for
accident investigation purposes;
employers and prospective employers of
motor vehicle operators; the Federal
Aviation Administration (FAA)
regarding any individual who holds or
has applied for an airman’s certificate;
air carriers regarding individuals who
are seeking employment with the air
carrier; the Federal Railroad
Administration (FRA) and employers or
prospective employers of locomotive
operators; and the U.S. Coast Guard
regarding any individual who holds or
who has applied for a license, certificate
of registry, or a merchant mariner’s
document. The Act also allows
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Federal Register / Vol. 71, No. 74 / Tuesday, April 18, 2006 / Rules and Regulations
individuals to learn whether
information about themselves is on the
NDR file and to receive any such
information.
The NDR statute allows the head of a
Federal department or agency
authorized to receive information
regarding an individual from the NDR to
request and receive such information
from the Secretary of Transportation. 49
U.S.C. 30305(b)(11). This provision, by
its operation, affords direct access to the
NDR to identified Federal departments
and agencies (through NHTSA), without
the need to submit an inquiry to a State
chief driver licensing official. In
practice, virtually all Federal
departments or agencies with specific
access provisions have submitted
inquiries directly to NHTSA.
C. Recent Amendment to National
Driver Act of 1982
On October 28, 2004, Public Law 108–
375 amended the NDR Act of 1982.
Section 1061 of Public Law 108–375
allows ‘‘[a]n individual who has or is
seeking access to national security
information for purposes of Executive
Order No. 12968, or any successor
Executive Order, or an individual who
is being investigated for Federal
employment under authority of
Executive Order No. 10450, or any
successor Executive Order, [to] request
the chief driver licensing official of a
State to provide [NDR] information
about the individual * * * to a Federal
department or agency that is authorized
to investigate the individual for the
purpose of assisting in the
determination of the eligibility of the
individual for access to national
security information or for Federal
employment in a position requiring
access to national security information.’’
The agency published an interim final
rule on September 2, 2005 (70 FR
52296), amending the NDR regulations,
23 CFR part 1327, to incorporate
procedures governing access to NDR
information to assist in personnel
security investigations.
II. Procedures for Requesting and
Receiving NDR Information for
Personnel Security Investigations
hsrobinson on PROD1PC68 with RULES
A. Interim Final Rule
The interim final rule provided that
the procedures that a Federal
department or agency performing
personnel security investigations of
individuals must follow to receive NDR
information are similar to those
followed by the FAA, the FRA, and the
U.S. Coast Guard in checking their
applicants for employment or
certification. Specifically, the interim
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15:00 Apr 17, 2006
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final rule amended the regulatory
sections at 23 CFR 1327.6 and 1327.7 to
set forth procedures that a Federal
agency must use to request NDR
information directly from the agency.
The interim final rule explained that
the Federal department or agency may
not, itself, initiate a request for NDR
information. Rather, the individual
subject to a personnel security
investigation must do so. The interim
final rule stated that to initiate a request,
the individual must either complete,
sign and submit a request to the chief
driver licensing official of a State for an
NDR file search or authorize the Federal
department or agency to request the
chief driver licensing official to conduct
the NDR file search by providing a
written and signed consent. Just as in
NDR requests for traffic safety purposes,
the request or written consent must state
that NDR records are being requested;
state specifically who is authorized to
receive the records; be dated and signed
by the individual; and state that it is
recommended (but not required) that
the Federal department or agency verify
matches with the state of record.
Consistent with a specific statutory
restriction concerning personnel
security investigations, it must also state
that the authorization is valid only
during the performance of the security
investigation.
In accordance with Public Law 108–
375, the interim final rule amended the
NDR regulation at 23 CFR 1327.5 to
provide that a Federal department or
agency also may request NDR
information through a State chief driver
licensing official. Since all 50 States and
the District of Columbia currently
participate in the NDR PDPS, the
interim final rule provided procedures
that States must follow to accept NDR
inquiries from a Federal department or
agency for personnel security
investigations.
To make clear that a covered
personnel security investigation is
limited to an investigation for the
purpose of assisting in the
determination of eligibility for access to
national security information or for
Federal employment in a position
requiring access to national security
information, the interim final rule also
added a definition of ‘‘personnel
security investigation’’ to 23 CFR
1327.3.
B. Request for Comments
The agency explained that publication
as an interim final rule, without prior
notice and opportunity for comment,
was necessary to permit individuals
subject to background investigations for
security clearances to submit requests to
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the NDR and Federal departments or
agencies to receive NDR information as
soon as possible. The changes made to
the regulation in the interim final rule
were minor and simply reflected the
statutory amendments enacted by Public
Law 108–375. The changes were nearly
identical to existing regulatory
procedures being followed by the States,
by airmen, by seamen/merchant
mariners, and by others in the field of
transportation safety, which were
previously subjected to notice and
opportunity for comment.
Although the agency indicated that no
further regulatory action was necessary
on its part to make the changes effective,
it provided a 60-day comment period for
interested parties to present data, views
and arguments on the interim final rule.
Those comments were due on
November 1, 2005. The interim final
rule explained that the agency would
consider and respond to all comments
and, if appropriate, would make further
amendments to the applicable
provisions of 23 CFR part 1327. No
comments were received. Accordingly,
the final rule adopts the interim final
rule subject to a single change to correct
a citation error that occurred in section
1327.5(d)(2) of the regulatory text.
III. Statutory Basis for This Rule
The final rule implements a NDR
access provision mandated by section
1061 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal
Year 2005 (Pub. L. 108–375). The NDR
Act of 1982 (Pub. L. 97–364) provides
general authority to issue regulations
regarding access to the PDPS.
IV. Regulatory Analyses and Notices
A. Executive Order 12988 (Civil Justice
Reform)
This action does not have any
preemptive or retroactive effect. This
action meets applicable standards in
sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
B. Executive Order 12866 (Regulatory
Planning and Review) and DOT
Regulatory Policies and Procedures
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993) provides for making
determinations on whether a regulatory
action is ‘‘significant’’ and therefore
subject to Office of Management and
Budget (OMB) review and the
requirements of the Executive Order.
The agency has considered the impact
of this action under Executive Order
12866 and determined that it is not
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significant. The action is also not
significant under the Department of
Transportation’s regulatory policies and
procedures. The final rule implements
amendments contained in Public Law
108–375 providing NDR access to
another group of NDR individuals—
individuals who are subject to
personnel security investigations.
Because Public Law 108–375 provides
specific NDR access to Federal
departments or agencies performing
personnel security investigations and
because the NDR Act allows Federal
agencies with specific access provisions
to submit them directly to the Secretary
of Transportation (by delegation, to
NHTSA), this action will not increase
significantly the number of NDR
inquiries processed by State driver
licensing officials. Most, if not all, such
inquiries will likely be submitted to
NHTSA. Accordingly, a full regulatory
evaluation is not required.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980
(Pub. L. 96–354, 5 U.S.C. 601–612)
requires an agency to review regulations
to assess their impact on small entities
unless the agency determines that a rule
is not expected to have a significant
impact on a substantial number of small
entities. I hereby certify that the action
would not have a significant impact on
a substantial number of small entities.
Accordingly, the preparation of a
Regulatory Flexibility Analysis is not
required.
D. Paperwork Reduction Act
There are reporting requirements
contained in the regulation that this
final rule is amending that are
considered to be information collection
requirements, as that term is defined by
the Office of Management and Budget
(OMB) in 5 CFR part 1320. The final
rule does not change the reporting
requirements for participating States or
the procedures to be followed by
individuals who request NDR
information. These requirements have
been submitted previously to and
approved by OMB, pursuant to the
Paperwork Reduction Act (44 U.S.C.
3500, et seq.). These requirements have
been approved through July 30, 2006,
under OMB No. 2127–0001.
F. The Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531) requires Federal
agencies to prepare a written assessment
of the costs, benefits, and other effects
of proposed rules that include a Federal
mandate likely to result in the
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. The final rule may require that
some State driver licensing officials
process additional inquiries submitted
to them for purposes of personnel
security investigations. However,
because the statute allows this type of
inquiry to be submitted directly to the
Secretary of Transportation (by
delegation, to NHTSA), we do not
anticipate that States will face a
significant increase in NDR requests
and, therefore, in associated costs. Most,
if not all, such requirements will likely
be submitted to NHTSA. Accordingly,
this action does not require an
assessment under that law.
G. Executive Order 13132 (Federalism)
This action has been analyzed in
accordance with the principles and
criteria contained in Executive Order
12612, and it has been determined that
this action does not have sufficient
federalism implications to warrant
preparation of a Federalism Assessment.
Accordingly, a Federalism Assessment
is not required.
hsrobinson on PROD1PC68 with RULES
A regulation identifier number (RIN)
is assigned to each regulatory section
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN contained in the heading
of this document can be used to crossreference this section with the Unified
Agenda.
L. Privacy Act
The agency has analyzed this action
under Executive Order 13175, and has
determined that the action would not
have a substantial direct effect on one or
more Indian tribes, would not impose
substantial direct compliance costs on
Indian tribal governments, and would
not preempt tribal law. Therefore, a
tribal summary impact statement is not
required.
List of Subjects in 23 CFR Part 1327
I. Executive Order 13045, Economically
Significant Rules Disproportionately
Affecting Children
The agency has reviewed this action
for the purposes of the National
Environmental Policy Act (42 U.S.C.
4321, et seq.) and has determined that
it would not have a significant impact
on the quality of the human
environment.
J. Plain Language
Jkt 208001
K. Regulation Identifier Number (RIN)
H. Executive Order 13175 (Consultation
and Coordination With Indian Tribal
Governments)
E. National Environmental Policy Act
15:00 Apr 17, 2006
of plain language includes consideration
of the following questions:
—Have we organized the material to suit
the public’s needs?
—Are the requirements in the rule
clearly stated?
—Does the rule contain technical
language or jargon that is not clear?
—Would a different format (grouping
and order of sections, use of headings,
paragraphing) make the rule easier to
understand?
—Could we improve clarity by adding
tables, lists, or diagrams?
—What else could we do to make this
rulemaking easier to understand?
If you have any comments about the
Plain Language implications of this final
rule, please address them to the person
listed in the FOR FURTHER INFORMATION
CONTACT heading.
Please note that anyone is able to
search the electronic form of all
comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(Volume 65, Number 70; Pages 19477–
78), or you may visit https://dms.dot.gov.
This final rule is not subject to E.O.
13045 because it is not ‘‘economically
significant’’ as defined under E.O.
12866, and does not concern an
environmental, health or safety risk that
NHTSA has reason to believe may have
a disproportionate effect on children.
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19825
Executive Order 12866 requires each
agency to write all rules in plain
language. Application of the principles
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Highway safety, Intergovernmental
relations, and Reporting and
recordkeeping requirements.
I Accordingly, the interim final rule
amending 23 CFR part 1327, which was
published at 70 FR 52296 on September
2, 2005, is adopted as a final rule, with
the following change:
PART 1327—PROCEDURES FOR
PARTICIPATING IN AND RECEIVING
INFORMATION FROM THE NATIONAL
DRIVER REGISTER PROBLEM DRIVER
POINTER SYSTEM
1. The authority citation for part 1327
continues to read as follows:
I
Authority: Pub. L. 97–364, 96 Stat. 1740,
as amended (49 U.S.C. 30301 et seq.);
delegation of authority at 49 CFR 1.50.
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2. Section 1327.5 is amended by
revising paragraph (d)(2) to read as
follows:
I
§ 1327.5 Conditions for becoming a
participating State.
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(d) * * *
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(2) Any request made by a Federal
department or agency may include, in
lieu of the actual information described
in paragraphs (d)(1)(iii) through (v) of
this section, a certification that a written
consent was signed and dated by the
individual or the individual’s legal
representative, specifically stated that
the authorization is valid only for the
duration of the personnel security
investigation, and specifically stated
that it is recommended, but not
required, that the authorized recipient
of the information verify matches with
the State of Record.
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Issued on: April 12, 2006.
Jacqueline Glassman,
Deputy Administrator.
[FR Doc. 06–3663 Filed 4–17–06; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF JUSTICE
28 CFR Part 0
[Docket No. OAG 113; AG Order No. 2811–
2006]
Office of the Attorney General;
Establishment of the Office on
Violence Against Women
Department of Justice.
ACTION: Final rule.
hsrobinson on PROD1PC68 with RULES
AGENCY:
SUMMARY: This rule updates the
Department of Justice (DOJ)
organizational regulations to reflect the
establishment of the Office on Violence
Against Women (OVW) as a separate
and distinct office within the DOJ. OVW
carries out the duties of the Department
of Justice under the Violence Against
Women Act of 1994 (title IV of Pub. L.
103–322) and the Violence Against
Women Act of 2000 (division B of Pub.
L. 104–386), and any other duties
otherwise authorized by law, or
assigned to it or delegated to it by the
Attorney General. This rule sets forth
the duties of the Director of OVW. This
rule also reflects the continued
applicability to OVW of the National
Environmental Policy Act of 1969
(NEPA) regulations that apply to
components of the Office of Justice
Programs (OJP), and which were
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15:00 Apr 17, 2006
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therefore previously applied to OVW
when it was part of OJP.
DATES: This rule is effective April 18,
2006.
FOR FURTHER INFORMATION CONTACT:
Marnie Shiels, Attorney Advisor, Office
on Violence Against Women, 810 7th
Street, NW., Washington, DC 20531;
Telephone: (202) 307–6026; Fax: (202)
307–3911.
SUPPLEMENTARY INFORMATION: Section
402(3) of the 21st Century Department
of Justice Appropriations Authorization
Act (Pub. L. 107–273, Division A, Title
IV, 116 Stat.1758 (Nov. 2, 2002)),
provided for the establishment of OVW
as a separate and distinct office within
the Department of Justice, to be headed
by a director, appointed by the
President, by and with the advice and
consent of the Senate. The Director of
OVW is responsible, under the general
authority of the Attorney General, for
the administration, coordination, and
implementation of the programs and
activities of OVW. Specifically, the
Director is responsible for carrying out
the functions of the Department of
Justice under the Violence Against
Women Act of 1994 (title IV of Pub. L.
103–322) and the Violence Against
Women Act of 2000 (division B of Pub.
L. 104–386), and exercising such other
powers and functions as may be vested
in the Director pursuant to 42 U.S.C.
3796gg et seq., or by delegation of the
Attorney General, 42 U.S.C. 3796gg–0–
42 U.S.C. 3796gg–0b. Under the
authority of the 21st Century
Department of Justice Appropriations
Authorization Act, the Attorney General
directed the separation of OVW from
OJP, its former parent organization
within the Department.
Because OVW was formerly an office
within OJP, regulations applicable to
OJP were applicable to OVW. This rule
reflects the continued applicability to
OVW of certain procedures issued
pursuant to the NEPA, found in 28 CFR
part 61, Appendix D, which are
applicable to OJP (the regulation refers
to the Office of Justice Assistance,
Research and Statistics, which was the
predecessor to OJP), and were, therefore,
applicable to OVW before it was
separated from OJP. No substantive
changes are being made to the
regulation, and the continued
applicability of the regulation to OVW
will not add or remove any substantive
rights or obligations of OVW grantees or
cooperative agreement recipients. It is
only because of the reorganization of the
Department of Justice that the NEPA
regulation, by its express terms, makes
no reference to OVW. This rule clarifies
that the NEPA regulation will continue
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to apply to OVW. OVW effectuates other
regulatory requirements through grant
conditions with which the grantees
agree to comply.
Administrative Procedure Act 5 U.S.C.
553
This rule is a rule of agency
organization and is therefore exempt
from the notice requirement of 5 U.S.C.
553(b). This rule is effective upon
publication.
Executive Order 12866
This action has been drafted and
reviewed in accordance with Executive
Order 12866 Regulatory Planning and
Review, section 1(b), Principles of
Regulation. This rule is limited to
agency organization, management, and
personnel as described by Executive
Order 12866 section 3(d)(3) and,
therefore, is not a ‘‘regulation’’ or ‘‘rule’’
as defined by that Executive Order.
Accordingly, this action has not been
reviewed by the Office of Management
and Budget.
Executive Order 13132
This rule will not have 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. Therefore, in
accordance with Executive Order 13132,
Federalism, the Department has
determined that this rule does not have
sufficient federalism implications to
warrant the preparation of a federalism
summary impact statement.
Executive Order 12988
This rule meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil
Justice Reform.
Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995, 2 U.S.C. 1501 et seq.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rule is not a ‘‘major rule’’ as
defined by section 251 of the Small
Business Regulatory Enforcement
Fairness Act of 1996, 5 U.S.C. 804. This
rule will not result in an annual effect
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]]>Agencies
[Federal Register Volume 71, Number 74 (Tuesday, April 18, 2006)]
[Rules and Regulations]
[Pages 19823-19826]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3663]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
23 CFR Part 1327
[Docket No. NHTSA-05-22265]
RIN 2127-AJ66
Procedures for Participating in and Receiving Data From the
National Driver Register Problem Driver Pointer System Pursuant to a
Personnel Security Investigation and Determination
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule announces that the amendments to the agency's
National Driver Register (NDR) regulations that were published in an
interim final rule to reflect changes made to the National Driver
Register Act of 1982 by Section 1061 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108-375) will
remain in effect with one minor change. The amendments authorize a
Federal department or agency that investigates an individual for the
purpose of determining the individual's eligibility to access national
security information to request and receive information from the
National Driver Register, upon request and consent of the individual.
This final rule establishes the procedures for individuals to request
and for the Federal department or agency to receive NDR information.
DATES: This final rule becomes effective on June 19, 2006.
FOR FURTHER INFORMATION CONTACT: For program issues: Mr. Sean McLaurin,
Chief, National Driver Register, NPO-122, National Highway Traffic
Safety Administration, 400 Seventh Street, SW., Washington, DC, 20590.
Telephone: (202) 366-4800. For legal issues: Mr. Roland (R.T.) Baumann
III, Attorney-Advisor, Office of the Chief Counsel, NCC-113, National
Highway Traffic Safety Administration, 400 Seventh Street, SW.,
Washington, DC, 20590. Telephone: (202) 366-1834.
SUPPLEMENTARY INFORMATION:
I. Background
A. National Driver Register
The National Driver Register (NDR) is a central file of information
on individuals whose license to operate a motor vehicle in a State has
been denied, revoked, suspended, or canceled, for cause, or who have
been convicted of certain serious traffic-related violations in a
State, such as racing on the highway or driving while impaired by
alcohol or other drugs. The NDR was designed to prevent such
individuals from obtaining a driver's license in another State, using a
device known as the Problem Driver Pointer System (PDPS).
The PDPS consists of a list of problem drivers (with certain
identifying information) contained in ``pointer'' records. These
records ``point'' to the State where the substantive adverse records
about the driver can be obtained. The PDPS system is fully automated
and enables State driver licensing officials to determine
instantaneously whether another State has taken adverse action against
a license applicant.
B. National Driver Register Act of 1982
The NDR Act of 1982, as amended, 49 U.S.C. 30301, et seq.,
authorizes State chief driver licensing officials to request and
receive information from the NDR for driver licensing and driver
improvement purposes. When an individual applies for a driver's
license, for example, these State officials are authorized to request
and receive NDR information to determine whether the applicant's
driver's license has been withdrawn for cause or the applicant has been
convicted of specific offenses in another State. Because the NDR is a
nationwide index, State chief driver licensing officials need only
submit a single inquiry to obtain this information.
State chief driver licensing officials also are authorized under
the NDR Act to request NDR information on behalf of other NDR users for
specific transportation safety purposes. The NDR Act authorizes the
following entities to receive NDR information for limited
transportation purposes: The National Transportation Safety Board and
the Federal Highway Administration for accident investigation purposes;
employers and prospective employers of motor vehicle operators; the
Federal Aviation Administration (FAA) regarding any individual who
holds or has applied for an airman's certificate; air carriers
regarding individuals who are seeking employment with the air carrier;
the Federal Railroad Administration (FRA) and employers or prospective
employers of locomotive operators; and the U.S. Coast Guard regarding
any individual who holds or who has applied for a license, certificate
of registry, or a merchant mariner's document. The Act also allows
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individuals to learn whether information about themselves is on the NDR
file and to receive any such information.
The NDR statute allows the head of a Federal department or agency
authorized to receive information regarding an individual from the NDR
to request and receive such information from the Secretary of
Transportation. 49 U.S.C. 30305(b)(11). This provision, by its
operation, affords direct access to the NDR to identified Federal
departments and agencies (through NHTSA), without the need to submit an
inquiry to a State chief driver licensing official. In practice,
virtually all Federal departments or agencies with specific access
provisions have submitted inquiries directly to NHTSA.
C. Recent Amendment to National Driver Act of 1982
On October 28, 2004, Public Law 108-375 amended the NDR Act of
1982. Section 1061 of Public Law 108-375 allows ``[a]n individual who
has or is seeking access to national security information for purposes
of Executive Order No. 12968, or any successor Executive Order, or an
individual who is being investigated for Federal employment under
authority of Executive Order No. 10450, or any successor Executive
Order, [to] request the chief driver licensing official of a State to
provide [NDR] information about the individual * * * to a Federal
department or agency that is authorized to investigate the individual
for the purpose of assisting in the determination of the eligibility of
the individual for access to national security information or for
Federal employment in a position requiring access to national security
information.'' The agency published an interim final rule on September
2, 2005 (70 FR 52296), amending the NDR regulations, 23 CFR part 1327,
to incorporate procedures governing access to NDR information to assist
in personnel security investigations.
II. Procedures for Requesting and Receiving NDR Information for
Personnel Security Investigations
A. Interim Final Rule
The interim final rule provided that the procedures that a Federal
department or agency performing personnel security investigations of
individuals must follow to receive NDR information are similar to those
followed by the FAA, the FRA, and the U.S. Coast Guard in checking
their applicants for employment or certification. Specifically, the
interim final rule amended the regulatory sections at 23 CFR 1327.6 and
1327.7 to set forth procedures that a Federal agency must use to
request NDR information directly from the agency.
The interim final rule explained that the Federal department or
agency may not, itself, initiate a request for NDR information. Rather,
the individual subject to a personnel security investigation must do
so. The interim final rule stated that to initiate a request, the
individual must either complete, sign and submit a request to the chief
driver licensing official of a State for an NDR file search or
authorize the Federal department or agency to request the chief driver
licensing official to conduct the NDR file search by providing a
written and signed consent. Just as in NDR requests for traffic safety
purposes, the request or written consent must state that NDR records
are being requested; state specifically who is authorized to receive
the records; be dated and signed by the individual; and state that it
is recommended (but not required) that the Federal department or agency
verify matches with the state of record. Consistent with a specific
statutory restriction concerning personnel security investigations, it
must also state that the authorization is valid only during the
performance of the security investigation.
In accordance with Public Law 108-375, the interim final rule
amended the NDR regulation at 23 CFR 1327.5 to provide that a Federal
department or agency also may request NDR information through a State
chief driver licensing official. Since all 50 States and the District
of Columbia currently participate in the NDR PDPS, the interim final
rule provided procedures that States must follow to accept NDR
inquiries from a Federal department or agency for personnel security
investigations.
To make clear that a covered personnel security investigation is
limited to an investigation for the purpose of assisting in the
determination of eligibility for access to national security
information or for Federal employment in a position requiring access to
national security information, the interim final rule also added a
definition of ``personnel security investigation'' to 23 CFR 1327.3.
B. Request for Comments
The agency explained that publication as an interim final rule,
without prior notice and opportunity for comment, was necessary to
permit individuals subject to background investigations for security
clearances to submit requests to the NDR and Federal departments or
agencies to receive NDR information as soon as possible. The changes
made to the regulation in the interim final rule were minor and simply
reflected the statutory amendments enacted by Public Law 108-375. The
changes were nearly identical to existing regulatory procedures being
followed by the States, by airmen, by seamen/merchant mariners, and by
others in the field of transportation safety, which were previously
subjected to notice and opportunity for comment.
Although the agency indicated that no further regulatory action was
necessary on its part to make the changes effective, it provided a 60-
day comment period for interested parties to present data, views and
arguments on the interim final rule. Those comments were due on
November 1, 2005. The interim final rule explained that the agency
would consider and respond to all comments and, if appropriate, would
make further amendments to the applicable provisions of 23 CFR part
1327. No comments were received. Accordingly, the final rule adopts the
interim final rule subject to a single change to correct a citation
error that occurred in section 1327.5(d)(2) of the regulatory text.
III. Statutory Basis for This Rule
The final rule implements a NDR access provision mandated by
section 1061 of the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 (Pub. L. 108-375). The NDR Act of 1982 (Pub. L.
97-364) provides general authority to issue regulations regarding
access to the PDPS.
IV. Regulatory Analyses and Notices
A. Executive Order 12988 (Civil Justice Reform)
This action does not have any preemptive or retroactive effect.
This action meets applicable standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
B. Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
Executive Order 12866, ``Regulatory Planning and Review'' (58 FR
51735, October 4, 1993) provides for making determinations on whether a
regulatory action is ``significant'' and therefore subject to Office of
Management and Budget (OMB) review and the requirements of the
Executive Order. The agency has considered the impact of this action
under Executive Order 12866 and determined that it is not
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significant. The action is also not significant under the Department of
Transportation's regulatory policies and procedures. The final rule
implements amendments contained in Public Law 108-375 providing NDR
access to another group of NDR individuals--individuals who are subject
to personnel security investigations. Because Public Law 108-375
provides specific NDR access to Federal departments or agencies
performing personnel security investigations and because the NDR Act
allows Federal agencies with specific access provisions to submit them
directly to the Secretary of Transportation (by delegation, to NHTSA),
this action will not increase significantly the number of NDR inquiries
processed by State driver licensing officials. Most, if not all, such
inquiries will likely be submitted to NHTSA. Accordingly, a full
regulatory evaluation is not required.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354, 5 U.S.C.
601-612) requires an agency to review regulations to assess their
impact on small entities unless the agency determines that a rule is
not expected to have a significant impact on a substantial number of
small entities. I hereby certify that the action would not have a
significant impact on a substantial number of small entities.
Accordingly, the preparation of a Regulatory Flexibility Analysis is
not required.
D. Paperwork Reduction Act
There are reporting requirements contained in the regulation that
this final rule is amending that are considered to be information
collection requirements, as that term is defined by the Office of
Management and Budget (OMB) in 5 CFR part 1320. The final rule does not
change the reporting requirements for participating States or the
procedures to be followed by individuals who request NDR information.
These requirements have been submitted previously to and approved by
OMB, pursuant to the Paperwork Reduction Act (44 U.S.C. 3500, et seq.).
These requirements have been approved through July 30, 2006, under OMB
No. 2127-0001.
E. National Environmental Policy Act
The agency has reviewed this action for the purposes of the
National Environmental Policy Act (42 U.S.C. 4321, et seq.) and has
determined that it would not have a significant impact on the quality
of the human environment.
F. The Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531) requires
Federal agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed rules that include a Federal
mandate likely to result in the expenditure by State, local, or tribal
governments, in the aggregate, or by the private sector, of $100
million or more (adjusted annually for inflation) in any one year. The
final rule may require that some State driver licensing officials
process additional inquiries submitted to them for purposes of
personnel security investigations. However, because the statute allows
this type of inquiry to be submitted directly to the Secretary of
Transportation (by delegation, to NHTSA), we do not anticipate that
States will face a significant increase in NDR requests and, therefore,
in associated costs. Most, if not all, such requirements will likely be
submitted to NHTSA. Accordingly, this action does not require an
assessment under that law.
G. Executive Order 13132 (Federalism)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this action does not have sufficient federalism implications to
warrant preparation of a Federalism Assessment. Accordingly, a
Federalism Assessment is not required.
H. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)
The agency has analyzed this action under Executive Order 13175,
and has determined that the action would not have a substantial direct
effect on one or more Indian tribes, would not impose substantial
direct compliance costs on Indian tribal governments, and would not
preempt tribal law. Therefore, a tribal summary impact statement is not
required.
I. Executive Order 13045, Economically Significant Rules
Disproportionately Affecting Children
This final rule is not subject to E.O. 13045 because it is not
``economically significant'' as defined under E.O. 12866, and does not
concern an environmental, health or safety risk that NHTSA has reason
to believe may have a disproportionate effect on children.
J. Plain Language
Executive Order 12866 requires each agency to write all rules in
plain language. Application of the principles of plain language
includes consideration of the following questions:
--Have we organized the material to suit the public's needs?
--Are the requirements in the rule clearly stated?
--Does the rule contain technical language or jargon that is not clear?
--Would a different format (grouping and order of sections, use of
headings, paragraphing) make the rule easier to understand?
--Could we improve clarity by adding tables, lists, or diagrams?
--What else could we do to make this rulemaking easier to understand?
If you have any comments about the Plain Language implications of
this final rule, please address them to the person listed in the FOR
FURTHER INFORMATION CONTACT heading.
K. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
section listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this section with the
Unified Agenda.
L. Privacy Act
Please note that anyone is able to search the electronic form of
all comments received into any of our dockets by the name of the
individual submitting the comment (or signing the comment, if submitted
on behalf of an association, business, labor union, etc.). You may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78), or
you may visit https://dms.dot.gov.
List of Subjects in 23 CFR Part 1327
Highway safety, Intergovernmental relations, and Reporting and
recordkeeping requirements.
0
Accordingly, the interim final rule amending 23 CFR part 1327, which
was published at 70 FR 52296 on September 2, 2005, is adopted as a
final rule, with the following change:
PART 1327--PROCEDURES FOR PARTICIPATING IN AND RECEIVING
INFORMATION FROM THE NATIONAL DRIVER REGISTER PROBLEM DRIVER
POINTER SYSTEM
0
1. The authority citation for part 1327 continues to read as follows:
Authority: Pub. L. 97-364, 96 Stat. 1740, as amended (49 U.S.C.
30301 et seq.); delegation of authority at 49 CFR 1.50.
[[Page 19826]]
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2. Section 1327.5 is amended by revising paragraph (d)(2) to read as
follows:
Sec. 1327.5 Conditions for becoming a participating State.
* * * * *
(d) * * *
* * * * *
(2) Any request made by a Federal department or agency may include,
in lieu of the actual information described in paragraphs (d)(1)(iii)
through (v) of this section, a certification that a written consent was
signed and dated by the individual or the individual's legal
representative, specifically stated that the authorization is valid
only for the duration of the personnel security investigation, and
specifically stated that it is recommended, but not required, that the
authorized recipient of the information verify matches with the State
of Record.
* * * * *
Issued on: April 12, 2006.
Jacqueline Glassman,
Deputy Administrator.
[FR Doc. 06-3663 Filed 4-17-06; 8:45 am]
BILLING CODE 4910-59-P
