Extension of Compliance Date for States' Query of the Drug and Alcohol Clearinghouse, 68052-68057 [2019-26943]

Download as PDF 68052 Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 11, 2020. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. 2. In § 52.770, the table in paragraph (e) is amended by revising the entry for ‘‘Lake and Porter Counties 2008 8-hour Ozone Moderate Planning Elements’’ and adding an entry for ‘‘Lake and Porter Counties 2008 8-hour Ozone Negative Declaration’’ immediately following the entry ‘‘Lake and Porter Counties 2008 8-hour Ozone Moderate Planning Elements’’ to read as follows: ■ § 52.770 Dated: December 2, 2019. Cathy Stepp, Regional Administrator, Region 5. * Identification of plan. * * (e) * * * * * 40 CFR part 52 is amended as follows: EPA-APPROVED INDIANA NONREGULATORY AND QUASI-REGULATORY PROVISIONS Title Indiana date Explanation * * * 2011 base year emissions inventory, Reasonable Further Progress (RFP) plan, RFP contingency measure plan, 2017 VOC and NOX motor vehicle emissions budgets, nonattainment new source review certification, VOC RACT Certification, and enhanced motor vehicle inspection and maintenance program certification. Includes: Fiberglass Boat Manufacturing Materials CTG and Oil and Gas Industry CTG. * Lake and Porter Counties 2008 8-hour Ozone Moderate Planning Elements. * * 2/28/2017, 1/9/2018, and 10/25/2018. * 12/13/2019, [insert Federal Register citation]. Lake and Porter Counties 2008 8-hour Ozone Negative Declarations. 10/25/2018 ......................... 12/13/2019, [insert Federal Register citation]. * * * [FR Doc. 2019–26792 Filed 12–12–19; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 382, 383 and 384 [Docket No. FMCSA–2019–0120] RIN 2126–AC32 Extension of Compliance Date for States’ Query of the Drug and Alcohol Clearinghouse jbell on DSKJLSW7X2PROD with RULES EPA approval Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule; extension of compliance date. AGENCY: FMCSA extends the compliance date for the requirement SUMMARY: VerDate Sep<11>2014 15:53 Dec 12, 2019 Jkt 250001 * * established by the December 5, 2016, Commercial Driver’s License Drug and Alcohol Clearinghouse (Clearinghouse) final rule that States request information from the Clearinghouse (‘‘query’’) about individuals before completing certain commercial driver’s license (CDL) transactions for those drivers. The States’ compliance with this requirement, currently due to begin on January 6, 2020, is delayed until January 6, 2023. This rule will, however, allow States the option to voluntarily request Clearinghouse information beginning on January 6, 2020. The compliance date extension allows FMCSA the time needed to complete its work on a forthcoming rulemaking to address the States’ use of driver-specific information from the Clearinghouse, and time to develop the information technology platform through which States will electronically request and receive Clearinghouse information. The PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 * * compliance date of January 6, 2020, remains in place for all other requirements set forth in the Clearinghouse final rule. DATES: This final rule is effective December 13, 2019. Petitions for Reconsideration of this final rule must be submitted to the FMCSA Administrator no later than January 13, 2020. FOR FURTHER INFORMATION CONTACT: Ms. Nikki McDavid, Chief, Commercial Driver’s License Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, (202) 366–0831, nikki.mcdavid@dot.gov. SUPPLEMENTARY INFORMATION: Rulemaking Documents For access to docket FMCSA–2019– 0120 to read background documents, go to https://www.regulations.gov at any time, or to Docket Operations at U.S. E:\FR\FM\13DER1.SGM 13DER1 Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations Department of Transportation, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Regulations established by the final rule, ‘‘Commercial Driver’s License Drug and Alcohol Clearinghouse’’ (Clearinghouse final rule) (81 FR 87686 (Dec. 5, 2016)), require that, beginning January 6, 2020, State Driver Licensing Agencies (SDLAs) request information from the Clearinghouse prior to issuing, renewing, upgrading, or transferring a CDL.1 The Clearinghouse final rule did not address how SDLAs would use Clearinghouse information for drivers licensed, or seeking to become licensed, in their State. Accordingly, the final rule’s Regulatory Impact Analysis did not identify any safety benefit associated with the States’ query requirement. This final rule, which delays the States’ query requirement, from January 6, 2020, to January 6, 2023, would therefore have no impact on safety. In addition, under this final rule, beginning on January 6, 2020, SDLAs wishing to access the Clearinghouse may do so as an authorized user to determine whether the individual is prohibited from operating a commercial motor vehicle (CMV) because the individual has not completed the return-to-duty process. This optional access to the Clearinghouse would be exercised solely at the States’ discretion. This extension of the compliance date is necessary to allow the Agency time to complete its forthcoming rulemaking to address SDLA access to and use of driver-specific information from the Clearinghouse, as discussed below. The compliance date of January 6, 2020, continues to apply to all other requirements set forth in the Clearinghouse final rule. Beginning January 6, 2020, CDL holders’ drug and alcohol testing program violations must be reported to the Clearinghouse, and motor carrier employers must perform the required queries for prospective and current driver-employees. This final rule amends regulations established by the Clearinghouse final rule by extending the date by which States would be required to achieve compliance with the query requirements currently set forth in 49 CFR 383.73 and 49 CFR 384.235. The Clearinghouse final rule implements section 32402 of the Moving Ahead for Progress in the 21st Century Act (MAP–21) (Pub. L. 112–141, 126 Stat. 405, 795, codified at 49 U.S.C. 31306a), which requires the Secretary of Transportation (the Secretary) to establish a national clearinghouse for records related to drug and alcohol testing of CDL holders. As part of that mandate, MAP–21 requires the Secretary to establish a process by which States can request and receive an individual’s Clearinghouse record (49 U.S.C. 31306a(h)(2)). In addition, section 32305(b)(1) of MAP–21, codified at 49 U.S.C. 31311(a)(24), requires that States request information from the Clearinghouse prior to issuing or renewing a CDL. The Agency’s authority to extend the compliance date for those State-specific requirements relies on these MAP–21 provisions. This final rule is also based on the broad authority of the Commercial Motor Vehicle Safety Act of 1986, as amended, codified generally in 49 U.S.C. chapter 313, which requires the Secretary to establish minimum standards for the issuance of CDLs (49 U.S.C. 31308), as well as minimum standards to ensure the fitness of individuals operating a CMV (49 U.S.C. 31305(a)). The Administrative Procedure Act requires publication of a substantive rule not less than 30 days before its effective date, except ‘‘as otherwise provided by the agency for good cause found and published with the rule’’ (5 U.S.C. 553(d)(3)). Due to the imminence of the initial compliance date of January 6, 2020 for the States’ query requirement, established by the Clearinghouse final rule, the Agency finds ‘‘good cause’’ to make this final rule effective on the date of publication. Finally, under 49 CFR 1.87(e)(1), the FMCSA Administrator is delegated authority to carry out the functions vested in the Secretary by 49 U.S.C. chapter 313, relating to CMV operation. B. Costs and Benefits IV. Background Because the Clearinghouse final rule did not establish a cost or benefit to the SDLA query, there are neither costs nor benefits associated with this rulemaking. The Clearinghouse final rule implemented the Congressional mandate, set forth in section 32402 of MAP–21, requiring the establishment of a national drug and alcohol clearinghouse containing CDL holders’ violations of FMCSA’s drug and alcohol testing regulations set forth in 49 CFR II. Executive Summary A. Purpose and Summary of the Rule jbell on DSKJLSW7X2PROD with RULES III. Legal Basis for the Rulemaking 1 See 49 CFR 383.73(b)(10); (c)(10); (d)(9); (e)(8); and (f)(4). VerDate Sep<11>2014 15:53 Dec 12, 2019 Jkt 250001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 68053 part 382. The Clearinghouse regulations, which go into effect on January 6, 2020, will enable FMCSA and motor carrier employers to identify drivers who, under 49 CFR 382.501(a), are prohibited from operating a CMV due to drug and alcohol program violations. Additionally, as discussed above in section III. ‘‘Legal Basis,’’ MAP–21 required that SDLAs be provided access to the Clearinghouse records of individuals applying for a CDL in order to determine whether they are qualified to operate a CMV, and that SDLAs request information from the Clearinghouse before renewing or issuing a CDL to an individual. FMCSA incorporated these statutory requirements into the Clearinghouse final rule. Following publication of the final rule, the American Association of Motor Vehicle Administrators (AAMVA), a trade association representing driver licensing authorities from the 50 States and the District of Columbia, asserted that the rule failed to address various operational issues related to the States’ role in the Clearinghouse.2 Some of the concerns and questions AAMVA raised were: (1) What does FMCSA intend that the States do with information they receive from the Clearinghouse; (2) what specific information would States receive in response to a request for information about an individual CDL holder or applicant; (3) what privacy and data controls will be applied to the transmission of Clearinghouse information to SDLAs; (4) how would an erroneous Clearinghouse record be corrected; and (5) what are the cost implications for the SDLAs. The Agency is currently working on a proposed rule (‘‘Clearinghouse II’’ notice of proposed rulemaking (NPRM)), which will specifically address the issues raised by AAMVA. Delaying the implementation of the States’ query requirement will provide FMCSA time to resolve AAMVA’s concerns and ensure a seamless implementation of the States’ Clearinghouse-related requirements. V. Discussion of Notice of Proposed Rulemaking FMCSA published a NPRM on September 6, 2019 (84 FR 46923) to extend the date by which States must query the Clearinghouse prior to issuing, renewing, transferring, or upgrading a CDL. The NPRM proposed extending the compliance date of the 2 See AAMVA Petition for Reconsideration of the Commercial Driver’s License Drug and Alcohol Clearinghouse Final Rule (June 29, 2017), Docket No. FMCSA–2011–0031, accessible through www.regulations.gov. E:\FR\FM\13DER1.SGM 13DER1 68054 Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES States’ query requirement, established by the 2016 Clearinghouse final rule, from January 6, 2020, to January 6, 2023. The NPRM made clear that all other provisions of the Clearinghouse final rule would go into effect on January 6, 2020. Additionally, under the NPRM, SDLAs wishing to request information from the Clearinghouse could do so on a voluntary basis, beginning on January 6, 2020, by accessing the Clearinghouse as an authorized user and conducting a query prior to issuing, renewing, transferring or upgrading a CDL. If Clearinghouse information received in response to a voluntary query by an SDLA indicates the driver is prohibited from operating a CMV due to a drug or alcohol testing violation, it would be up to the State to decide whether, and how, to act on that information. VI. Discussion of Comments on Notice of Proposed Rulemaking The Agency received 13 comments in response to the NPRM. Three individuals opposed extending the compliance date for the States’ query requirements, noting the importance of implementing the Clearinghouse without delay. However, two of those commenters erroneously believed the proposal was to delay the entire Clearinghouse final rule and not solely the States’ query provision. The Owner-Operator Independent Drivers Association (OOIDA) commented that the proposed extension may cause confusion, noting that ‘‘[d]rivers might interpret any delay in the Clearinghouse as a delay in the entire program, thus failing to register at the proper time.’’ OOIDA suggested that FMCSA consider extending the compliance date for all Clearinghouse requirements ‘‘to allow the entire industry sufficient opportunity to register . . . and provide additional time for the Agency to ensure an efficient rollout.’’ The American Trucking Associations (ATA) expressed disappointment that FMCSA proposed to delay the States’ query requirement by three years, but acknowledged the need to ‘‘resolve AAMVA’s concerns and ensure a seamless implementation of the States’ Clearinghouse requirements.’’ ATA also recommended that, during the 3-year delay, the Agency encourage States to ‘‘to adopt their own procedures to review Clearinghouse information through the FMCSA portal before issuing, upgrading, renewing, or transferring a CDL.’’ The Virginia Department of Motor Vehicles supported the proposal ‘‘on the grounds provided in the NPRM.’’ The Oregon Department of Transportation VerDate Sep<11>2014 15:53 Dec 12, 2019 Jkt 250001 (Oregon DOT) also supported the proposed compliance date extension, noting the need ‘‘to permit both FMCSA and the States to complete necessary IT changes, and additionally for States to pursue any required statutory changes related to the Clearinghouse.’’ The Drug and Alcohol Testing Industry Association supported the proposed extension, but only if employers, or Consortia/Third-Party Administrators (C/TPAs) acting on their behalf, are also granted a 3-year extension from the requirement ‘‘for mandatory queries to the database.’’ An individual from Connecticut asked whether the States’ query requirement would apply only to a CDL, or whether a State would also have to query the Clearinghouse prior to the issuance, renewal, or upgrade or transfer of a Commercial Learner’s Permit (CLP). A commenter wanted to know if Clearinghouse registration would open in the fall. Several comments were beyond the scope of this rulemaking. One commenter believed that the preemployment verification process ‘‘should be easier for businesses and more thorough,’’ and suggested that DOT create ‘‘a multi-modal solution of DOT safety sensitive work with all divisions of the DOT to qualify or suspend the individual.’’ Another commenter questioned how drivers without access to the internet would authorize the release of information when an employer makes a full query. The Oregon DOT advocated extending the States’ Clearinghouse requirements to the issuance of CLPs. Two commenters did not take a position on the proposal. VII. FMCSA Responses to Comments The Agency finds that comments suggesting FMCSA should delay the entire Clearinghouse rule, or parts of the rule unrelated to the States’ query requirement, are without merit. Clearinghouse registration for authorized users has been underway since October 1, 2019, and FMCSA intends to make the Clearinghouse operational beginning January 6, 2020, as required by the 2016 final rule. The Clearinghouse represents an important step forward in improving compliance with FMCSA’s drug and alcohol use testing requirements and removing drivers from the roadway until the return-to-duty process has been completed, thus enhancing highway safety. It is neither necessary nor desirable to delay implementation of the core Clearinghouse reporting and query obligations applicable to motor carrier employers and their service agents, PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 including medical review officers, C/TPAs, and to substance abuse professionals. For the reasons stated in the NPRM, this final rule does, however, extend the compliance date applicable to the States’ query requirement, from January 6, 2020, to January 6, 2023. Accordingly, FMCSA adopts, without change, the regulatory text as proposed in the NPRM. Additionally, as proposed, States wishing to voluntarily access the Clearinghouse to obtain driver-specific information prior to the issuance, renewal, transfer, or upgrade of a CDL, may do so beginning January 6, 2020. Instructions for SDLAs wishing to access the Clearinghouse will be available on the Clearinghouse website prior to that date. States opting to access the Clearinghouse during the 3-year voluntary query period would determine what, if any, action the SDLA would take if the query indicates the applicant is prohibited from operating a CMV due to a drug and alcohol program violation. In response to the question concerning whether the State query requirement pertains to CLP holders, or only to CDL holders, FMCSA notes that the Clearinghouse final rule required only that States conduct a query prior to the issuance, renewal, transfer, or upgrade of a CDL; CLPs were not included within the scope of the requirement. While the question of whether the States’ query requirement should be extended to include CLPs, as suggested by the Oregon DOT, is outside the scope of this rule, that issue will be addressed in the Clearinghouse II NPRM. The Agency acknowledges ATA’s comment suggesting that FMCSA ‘‘encourage’’ States to ‘‘adopt procedures’’ to review Clearinghouse information when conducting the specified CDL transactions. In response, FMCSA again emphasizes that the Clearinghouse final rule did not require that States take any licensing action based on driver-specific information obtained by conducting a query. As noted in the NPRM, a query does not, in and of itself, confer a safety benefit. When a voluntary query conducted in accordance with this final rule indicates an applicant is prohibited from operating a CMV because the individual has failed to complete the return-to-duty process following a drug or alcohol program violation, whether or not an SDLA would take a licensing action would be determined by State law. As discussed above, issues involving the States’ use of Clearinghouse information will be addressed in the Clearinghouse II rulemaking. E:\FR\FM\13DER1.SGM 13DER1 Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations VIII. International Impacts The Federal Motor Carrier Safety Regulations (FMCSRs), and any exceptions to the FMCSRs, apply only within the United States (and, in some cases, United States territories). Motor carriers and drivers are subject to the laws and regulations of the countries in which they operate, unless an international agreement states otherwise. Drivers and carriers should be aware of the regulatory differences among nations. IX. Section-By-Section Analysis A. Change to 49 CFR 382.725 FMCSA amends § 382.725(a) to permit States to request information from the Clearinghouse beginning January 6, 2020, and to require that States request information from the Clearinghouse on or after January 6, 2023. B. Changes to 49 CFR Parts 383 and 384 In parts 383 and 384, FMCSA amends §§ 383.73(b)(10), (c)(10), (d)(9), (e)(8), and (f)(4) and 384.235, by changing the date from January 6, 2020, to January 6, 2023. X. 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 jbell on DSKJLSW7X2PROD with RULES FMCSA determined that this final rule is not a significant regulatory action under section 3(f) of E.O. 12866 (58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, as supplemented by E.O. 13563 (76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory Review. Accordingly, the Office of Management and Budget has not reviewed it under those Orders. This rule is also not significant within the meaning of DOT regulatory policies and procedures (DOT Order 2100.6, dated Dec. 20, 2018). In addition, this rule does not require an assessment of potential costs and benefits under section 6(a)(3) of E.O. 12866. Because the Clearinghouse final rule did not establish a cost or benefit for the SDLA query, there are neither costs nor benefits associated with this rulemaking. B. E.O. 13771 Reducing Regulation and Controlling Regulatory Costs This rule has been designated as a deregulatory action under E.O. 13771 by the Office of Information and Regulatory Affairs because it delays a compliance date for a requirement. VerDate Sep<11>2014 15:53 Dec 12, 2019 Jkt 250001 68055 C. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801, et seq.), the Office of Information and Regulatory Affairs designated this rule as not a ‘‘major rule,’’ as defined by 5 U.S.C. 804(2).3 impact on small entities. Consequently, I certify the action will not have a significant economic impact on a substantial number of small entities. D. Regulatory Flexibility Act (Small Entities) The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121, 110 Stat 857) 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. The term ‘‘small entities’’ comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000 (5 U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the impact of all regulations on small entities, and mandates that agencies strive to lessen the adverse effects on these businesses. As described above, the Clearinghouse final rule requires the SDLAs to query the Clearinghouse before completing certain licensing transactions. This final rule extends that compliance date from January 6, 2020, to January 6, 2023. The extension of the compliance date is limited to the SDLAs’ query requirement. The extension does not impose costs on the SDLAs. The regulatory flexibility analysis the Agency prepared for the Clearinghouse final rule did not include the SDLAs among the small entities affected by the rule. State governments and their agencies are not included in the definition of ‘‘small governmental jurisdictions’’ (5 U.S.C. 601(5)) or ‘‘small entities’’ (5 U.S.C. 601(6)). That determination, combined with the fact that the SDLAs are the only entity affected by the extension of the compliance date, and no costs would be imposed on the SDLAs, demonstrates that the rule does not have a significant In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, FMCSA wants to assist small entities in understanding this final rule so that they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the final rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult the FMCSA point of contact, Ms. Nikki McDavid, listed in the FOR FURTHER INFORMATION CONTACT section of this final rule. Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the Small Business Administration’s Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of FMCSA, call 1–888–REG– FAIR (1–888–734–3247). DOT has a policy regarding the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights. 3 A ‘‘major rule’’ means any rule that the Administrator of Office of Information and Regulatory Affairs at the Office of Management and Budget finds has resulted in or is likely to result in (a) an annual effect on the economy of $100 million or more; (b) a major increase in costs or prices for consumers, individual industries, Federal agencies, State agencies, local government agencies, or geographic regions; or (c) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets (5 U.S.C. 804(2)). PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E. Assistance for Small Entities F. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. 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 $165 million (which is the value equivalent of $100 million in 1995, adjusted for inflation to 2018 levels) or more in any one year. This rule would not result in such an expenditure. As discussed above, FMCSA estimates the final rule would result in costs less than zero. G. Paperwork Reduction Act This rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). E:\FR\FM\13DER1.SGM 13DER1 68056 Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations H. E.O. 13132 (Federalism) A rule has implications for federalism under Section 1(a) of E.O. 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.’’ FMCSA determined that this rule would not have substantial direct costs on or for States, nor would it limit the policymaking discretion of States. Nothing in this document preempts any State law or regulation. Therefore, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Impact Statement. I. E.O. 12988 (Civil Justice Reform) This rule meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. J. E.O. 13045 (Protection of Children) E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies issuing ‘‘economically significant’’ rules, if the regulation also concerns an environmental health or safety risk that an agency has reason to believe may disproportionately affect children, to include an evaluation of the regulation’s environmental health and safety effects on children. The Agency determined this rule is not economically significant. Therefore, no analysis of the impacts on children is required. In any event, the Agency does not anticipate that this regulatory action could in any respect present an environmental or safety risk that could disproportionately affect children. jbell on DSKJLSW7X2PROD with RULES K. E.O. 12630 (Taking of Private Property) FMCSA reviewed this rule in accordance with E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and has determined it will not effect a taking of private property or otherwise have taking implications. L. Privacy The Consolidated Appropriations Act, 2005, (Pub. L. 108–447, 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. This rule does not change the collection of personally identifiable information (PII) as set forth in the 2016 Clearinghouse final rule. The supporting VerDate Sep<11>2014 15:53 Dec 12, 2019 Jkt 250001 PIA, available for review on the DOT website, http://www.transportation.gov/ privacy, gives a full and complete explanation of FMCSA practices for protecting PII in general and specifically in relation to the 2016 Clearinghouse rule, which would also apply to this final rule. M. E.O. 12372 (Intergovernmental Review) The regulations implementing E.O. 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this program. N. E.O. 13211 (Energy Supply, Distribution, or Use) FMCSA has analyzed this rule under E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. The Agency has determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, it does not require a Statement of Energy Effects under E.O. 13211. O. 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. P. National Technology Transfer and Advancement Act (Technical Standards) The National Technology Transfer and Advancement Act (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget (OMB), with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) are standards that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, FMCSA did not consider the use of voluntary consensus standards. PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 Q. Environment FMCSA analyzed this rule for the purpose of 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, March 1, 2004), Appendix 2, paragraphs (6)(t)(2). The Categorical Exclusion (CE) in paragraph (6)(t)(2) covers regulations ensuring States comply with the provisions of 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 the action does not have the potential to significantly affect the quality of the environment. The CE determination is available for inspection or copying in the regulations.gov website listed under ADDRESSES. R. E.O. 13783 (Promoting Energy Independence and Economic Growth) E.O. 13783 directs executive departments and agencies to review existing regulations that potentially burden the development or use of domestically produced energy resources, and to appropriately suspend, revise, or rescind those that unduly burden the development of domestic energy resources. In accordance with E.O. 13783, DOT prepared and submitted a report to the Director of OMB that provides specific recommendations that, to the extent permitted by law, could alleviate or eliminate aspects of agency action that burden domestic energy production. This rule has not been identified by DOT under E.O. 13783 as potentially alleviating unnecessary burdens on domestic energy production. 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. E:\FR\FM\13DER1.SGM 13DER1 Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations In consideration of the foregoing, FMCSA amends 49 CFR chapter III, parts 382, 383, and 384, as follows: 5524 of Pub. L. 114–94, 129 Stat. 1312, 1560; and 49 CFR 1.87. PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING ■ § 384.235 6. Amend § 384.235 by removing the date ‘‘January 6, 2020’’ and adding, in its place, the date ‘‘January 6, 2023.’’ 1. The authority citation for part 382 continues to read as follows: ■ Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec. 32934 of Pub. L. 112–141, 126 Stat. 405, 830; and 49 CFR 1.87. Issued under authority delegated in 49 CFR 1.87. Dated: December 10, 2019. Jim Mullen, Acting Administrator. [FR Doc. 2019–26943 Filed 12–12–19; 8:45 am] ■ 2. Amend § 382.725 by revising paragraph (a) to read as follows: BILLING CODE 4910–EX–P § 382.725 Access by State licensing authorities. DEPARTMENT OF COMMERCE (a)(1) Beginning January 6, 2020, and before January 6, 2023, in order to determine whether a driver is qualified to operate a commercial motor vehicle, the chief commercial driver’s licensing official of a State may obtain the driver’s record from the Clearinghouse if the driver has applied for a commercial driver’s license from that State. (2) On or after January 6, 2023, in order to determine whether a driver is qualified to operate a commercial motor vehicle, the chief commercial driver’s licensing official of a State must obtain the driver’s record from the Clearinghouse if the driver has applied for a commercial driver’s license from that State. * * * * * PART 383—COMMERCIAL DRIVER’S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES 3. The authority citation for part 383 continues to read as follows: ■ Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 214 and 215 of Pub. L. 106–159, 113 Stat. 1748, 1766, 1767; sec. 1012(b) of Pub. L. 107–56, 115 Stat. 272, 297, sec. 4140 of Pub. L. 109–59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112–141, 126 stat. 405, 830; and 49 CFR 1.87. § 383.73 [Amended] 4. Amend § 383.73 by removing the date ‘‘January 6, 2020’’ from paragraphs (b)(10), (c)(10), (d)(9), (e)(8), and (f)(4) and adding, in its place, the date ‘‘January 6, 2023.’’ ■ PART 384—STATE COMPLIANCE WITH COMMERCIAL DRIVER’S LICENSE PROGRAM jbell on DSKJLSW7X2PROD with RULES [Amended] 5. The authority citation for part 384 continues to read as follows: ■ Authority: 49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103 and 215 of Pub. L. 106– 159, 113 Stat. 1748, 1753, 1767; sec. 32934 of Pub. L. 112–141, 126 Stat. 405, 830; sec. VerDate Sep<11>2014 15:53 Dec 12, 2019 Jkt 250001 National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 180209155–8589–02; RTID 0648–XP005] International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Limited Reopening of the 2019 U.S. Pelagic Longline Fishery for Bigeye Tuna in the Western and Central Pacific Ocean National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; fishery reopening; fishery closure; request for comments. AGENCY: NMFS is temporarily reopening the 2019 U.S. pelagic longline fishery for bigeye tuna in the western and central Pacific Ocean (WCPO) for five days because the fishery did not catch the entire 3,554 metric ton (t) limit. This action is intended to allow the fishery to access the remainder of the available limit. DATES: The U.S. longline fishery for bigeye tuna reopens at 12:01 a.m. local time on December 23, 2019, until 11:59 p.m. local time on December 27, 2019. NMFS must receive comments by January 13, 2020. FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, Sustainable Fisheries, NMFS Pacific Islands Regional Office, 808–725–5176. SUPPLEMENTARY INFORMATION: Pursuant to regulations implemented under the Western and Central Pacific Fisheries Convention Implementation Act, 16 U.S.C. 6901 et seq., NMFS established an annual limit of 3,554 t of bigeye tuna for U.S. longline vessels fishing in the Convention Area (83 FR 33851, July 18, 2018, codified at 50 CFR 300.224). The SUMMARY: PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 68057 limit applies only to U.S. vessels, but does not apply to U.S. vessels operating as part of the longline fisheries of American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands (CNMI). Regulations at 50 CFR 300.224(b), (c), and (d) detail the manner in which longline-caught bigeye tuna is attributed among the fisheries of the United States and the U.S. Participating Territories. NMFS monitored catches of longlinecaught bigeye tuna using logbook data submitted by vessel captains and other available information, and determined that the 3,554 t catch limit for 2019 would be reached by July 27, 2019. In accordance with 50 CFR 300.224(e), NMFS closed the U.S. longline fishery for bigeye tuna in the Convention Area through a temporary rule effective on July 27, 2019 through December 31, 2019 (84 FR 35568; July 24, 2019). The closure does not apply to vessels operating as part of the longline fisheries of American Samoa, Guam, or the CNMI, including vessels identified in a valid specified fishing agreement under 50 CFR 665.819(c), in accordance with 50 CFR 300.224(f)(1)(iv). NMFS also specified a 2019 limit of 2,000 t of longline-caught bigeye tuna for each of the U.S. territories (American Samoa, Guam, and the CNMI) (84 FR 34321, July 18, 2019). That rule allows each territory to allocate up to 1,000 t to U.S. longline vessels identified in a valid specified fishing agreement. On August 1, 2019, NMFS announced a valid specified fishing agreement between the CNMI and the Hawaii Longline Association (HLA) (84 FR 37592). In accordance with procedures in 50 CFR 300.224(d) and 50 CFR 665.819(c)(9), NMFS began attributing bigeye tuna caught by vessels identified in the CNMI/HLA agreement to the CNMI beginning on July 20, 2019. NMFS forecasted that the fishery would reach the CNMI allocation limit by November 4, 2019, and closed the fishery on that date (84 FR 57827, October 29, 2019). On October 28, 2019, NMFS announced a valid specified fishing agreement between American Samoa and HLA, and began attributing bigeye tuna caught by vessels identified in the agreement to American Samoa starting on that date (84 FR 57652). NMFS forecasts that the fishery will reach the American Samoa allocation limit by December 22, 2019, and will stop attributing on that date. Since NMFS closed the U.S. longline fishery in July 2019, NMFS has subsequently determined that the fishery caught and retained only 3,456 t of the 3,554 t limit while it was open E:\FR\FM\13DER1.SGM 13DER1

Agencies

[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Rules and Regulations]
[Pages 68052-68057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26943]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 382, 383 and 384

[Docket No. FMCSA-2019-0120]
RIN 2126-AC32


Extension of Compliance Date for States' Query of the Drug and 
Alcohol Clearinghouse

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule; extension of compliance date.

-----------------------------------------------------------------------

SUMMARY: FMCSA extends the compliance date for the requirement 
established by the December 5, 2016, Commercial Driver's License Drug 
and Alcohol Clearinghouse (Clearinghouse) final rule that States 
request information from the Clearinghouse (``query'') about 
individuals before completing certain commercial driver's license (CDL) 
transactions for those drivers. The States' compliance with this 
requirement, currently due to begin on January 6, 2020, is delayed 
until January 6, 2023. This rule will, however, allow States the option 
to voluntarily request Clearinghouse information beginning on January 
6, 2020. The compliance date extension allows FMCSA the time needed to 
complete its work on a forthcoming rulemaking to address the States' 
use of driver-specific information from the Clearinghouse, and time to 
develop the information technology platform through which States will 
electronically request and receive Clearinghouse information. The 
compliance date of January 6, 2020, remains in place for all other 
requirements set forth in the Clearinghouse final rule.

DATES: This final rule is effective December 13, 2019.
    Petitions for Reconsideration of this final rule must be submitted 
to the FMCSA Administrator no later than January 13, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Nikki McDavid, Chief, Commercial 
Driver's License Division, Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE, Washington, DC 20590-0001, (202) 366-0831, 
[email protected].

SUPPLEMENTARY INFORMATION: 

Rulemaking Documents

    For access to docket FMCSA-2019-0120 to read background documents, 
go to https://www.regulations.gov at any time, or to Docket Operations 
at U.S.

[[Page 68053]]

Department of Transportation, Room W12-140, 1200 New Jersey Avenue SE, 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

II. Executive Summary

A. Purpose and Summary of the Rule

    Regulations established by the final rule, ``Commercial Driver's 
License Drug and Alcohol Clearinghouse'' (Clearinghouse final rule) (81 
FR 87686 (Dec. 5, 2016)), require that, beginning January 6, 2020, 
State Driver Licensing Agencies (SDLAs) request information from the 
Clearinghouse prior to issuing, renewing, upgrading, or transferring a 
CDL.\1\ The Clearinghouse final rule did not address how SDLAs would 
use Clearinghouse information for drivers licensed, or seeking to 
become licensed, in their State. Accordingly, the final rule's 
Regulatory Impact Analysis did not identify any safety benefit 
associated with the States' query requirement. This final rule, which 
delays the States' query requirement, from January 6, 2020, to January 
6, 2023, would therefore have no impact on safety. In addition, under 
this final rule, beginning on January 6, 2020, SDLAs wishing to access 
the Clearinghouse may do so as an authorized user to determine whether 
the individual is prohibited from operating a commercial motor vehicle 
(CMV) because the individual has not completed the return-to-duty 
process. This optional access to the Clearinghouse would be exercised 
solely at the States' discretion.
---------------------------------------------------------------------------

    \1\ See 49 CFR 383.73(b)(10); (c)(10); (d)(9); (e)(8); and 
(f)(4).
---------------------------------------------------------------------------

    This extension of the compliance date is necessary to allow the 
Agency time to complete its forthcoming rulemaking to address SDLA 
access to and use of driver-specific information from the 
Clearinghouse, as discussed below. The compliance date of January 6, 
2020, continues to apply to all other requirements set forth in the 
Clearinghouse final rule. Beginning January 6, 2020, CDL holders' drug 
and alcohol testing program violations must be reported to the 
Clearinghouse, and motor carrier employers must perform the required 
queries for prospective and current driver-employees.

B. Costs and Benefits

    Because the Clearinghouse final rule did not establish a cost or 
benefit to the SDLA query, there are neither costs nor benefits 
associated with this rulemaking.

III. Legal Basis for the Rulemaking

    This final rule amends regulations established by the Clearinghouse 
final rule by extending the date by which States would be required to 
achieve compliance with the query requirements currently set forth in 
49 CFR 383.73 and 49 CFR 384.235. The Clearinghouse final rule 
implements section 32402 of the Moving Ahead for Progress in the 21st 
Century Act (MAP-21) (Pub. L. 112-141, 126 Stat. 405, 795, codified at 
49 U.S.C. 31306a), which requires the Secretary of Transportation (the 
Secretary) to establish a national clearinghouse for records related to 
drug and alcohol testing of CDL holders. As part of that mandate, MAP-
21 requires the Secretary to establish a process by which States can 
request and receive an individual's Clearinghouse record (49 U.S.C. 
31306a(h)(2)). In addition, section 32305(b)(1) of MAP-21, codified at 
49 U.S.C. 31311(a)(24), requires that States request information from 
the Clearinghouse prior to issuing or renewing a CDL. The Agency's 
authority to extend the compliance date for those State-specific 
requirements relies on these MAP-21 provisions. This final rule is also 
based on the broad authority of the Commercial Motor Vehicle Safety Act 
of 1986, as amended, codified generally in 49 U.S.C. chapter 313, which 
requires the Secretary to establish minimum standards for the issuance 
of CDLs (49 U.S.C. 31308), as well as minimum standards to ensure the 
fitness of individuals operating a CMV (49 U.S.C. 31305(a)).
    The Administrative Procedure Act requires publication of a 
substantive rule not less than 30 days before its effective date, 
except ``as otherwise provided by the agency for good cause found and 
published with the rule'' (5 U.S.C. 553(d)(3)). Due to the imminence of 
the initial compliance date of January 6, 2020 for the States' query 
requirement, established by the Clearinghouse final rule, the Agency 
finds ``good cause'' to make this final rule effective on the date of 
publication.
    Finally, under 49 CFR 1.87(e)(1), the FMCSA Administrator is 
delegated authority to carry out the functions vested in the Secretary 
by 49 U.S.C. chapter 313, relating to CMV operation.

IV. Background

    The Clearinghouse final rule implemented the Congressional mandate, 
set forth in section 32402 of MAP-21, requiring the establishment of a 
national drug and alcohol clearinghouse containing CDL holders' 
violations of FMCSA's drug and alcohol testing regulations set forth in 
49 CFR part 382. The Clearinghouse regulations, which go into effect on 
January 6, 2020, will enable FMCSA and motor carrier employers to 
identify drivers who, under 49 CFR 382.501(a), are prohibited from 
operating a CMV due to drug and alcohol program violations.
    Additionally, as discussed above in section III. ``Legal Basis,'' 
MAP-21 required that SDLAs be provided access to the Clearinghouse 
records of individuals applying for a CDL in order to determine whether 
they are qualified to operate a CMV, and that SDLAs request information 
from the Clearinghouse before renewing or issuing a CDL to an 
individual. FMCSA incorporated these statutory requirements into the 
Clearinghouse final rule.
    Following publication of the final rule, the American Association 
of Motor Vehicle Administrators (AAMVA), a trade association 
representing driver licensing authorities from the 50 States and the 
District of Columbia, asserted that the rule failed to address various 
operational issues related to the States' role in the Clearinghouse.\2\ 
Some of the concerns and questions AAMVA raised were: (1) What does 
FMCSA intend that the States do with information they receive from the 
Clearinghouse; (2) what specific information would States receive in 
response to a request for information about an individual CDL holder or 
applicant; (3) what privacy and data controls will be applied to the 
transmission of Clearinghouse information to SDLAs; (4) how would an 
erroneous Clearinghouse record be corrected; and (5) what are the cost 
implications for the SDLAs.
---------------------------------------------------------------------------

    \2\ See AAMVA Petition for Reconsideration of the Commercial 
Driver's License Drug and Alcohol Clearinghouse Final Rule (June 29, 
2017), Docket No. FMCSA-2011-0031, accessible through 
www.regulations.gov.
---------------------------------------------------------------------------

    The Agency is currently working on a proposed rule (``Clearinghouse 
II'' notice of proposed rulemaking (NPRM)), which will specifically 
address the issues raised by AAMVA. Delaying the implementation of the 
States' query requirement will provide FMCSA time to resolve AAMVA's 
concerns and ensure a seamless implementation of the States' 
Clearinghouse-related requirements.

V. Discussion of Notice of Proposed Rulemaking

    FMCSA published a NPRM on September 6, 2019 (84 FR 46923) to extend 
the date by which States must query the Clearinghouse prior to issuing, 
renewing, transferring, or upgrading a CDL. The NPRM proposed extending 
the compliance date of the

[[Page 68054]]

States' query requirement, established by the 2016 Clearinghouse final 
rule, from January 6, 2020, to January 6, 2023. The NPRM made clear 
that all other provisions of the Clearinghouse final rule would go into 
effect on January 6, 2020. Additionally, under the NPRM, SDLAs wishing 
to request information from the Clearinghouse could do so on a 
voluntary basis, beginning on January 6, 2020, by accessing the 
Clearinghouse as an authorized user and conducting a query prior to 
issuing, renewing, transferring or upgrading a CDL. If Clearinghouse 
information received in response to a voluntary query by an SDLA 
indicates the driver is prohibited from operating a CMV due to a drug 
or alcohol testing violation, it would be up to the State to decide 
whether, and how, to act on that information.

VI. Discussion of Comments on Notice of Proposed Rulemaking

    The Agency received 13 comments in response to the NPRM. Three 
individuals opposed extending the compliance date for the States' query 
requirements, noting the importance of implementing the Clearinghouse 
without delay. However, two of those commenters erroneously believed 
the proposal was to delay the entire Clearinghouse final rule and not 
solely the States' query provision.
    The Owner-Operator Independent Drivers Association (OOIDA) 
commented that the proposed extension may cause confusion, noting that 
``[d]rivers might interpret any delay in the Clearinghouse as a delay 
in the entire program, thus failing to register at the proper time.'' 
OOIDA suggested that FMCSA consider extending the compliance date for 
all Clearinghouse requirements ``to allow the entire industry 
sufficient opportunity to register . . . and provide additional time 
for the Agency to ensure an efficient rollout.''
    The American Trucking Associations (ATA) expressed disappointment 
that FMCSA proposed to delay the States' query requirement by three 
years, but acknowledged the need to ``resolve AAMVA's concerns and 
ensure a seamless implementation of the States' Clearinghouse 
requirements.'' ATA also recommended that, during the 3-year delay, the 
Agency encourage States to ``to adopt their own procedures to review 
Clearinghouse information through the FMCSA portal before issuing, 
upgrading, renewing, or transferring a CDL.''
    The Virginia Department of Motor Vehicles supported the proposal 
``on the grounds provided in the NPRM.'' The Oregon Department of 
Transportation (Oregon DOT) also supported the proposed compliance date 
extension, noting the need ``to permit both FMCSA and the States to 
complete necessary IT changes, and additionally for States to pursue 
any required statutory changes related to the Clearinghouse.'' The Drug 
and Alcohol Testing Industry Association supported the proposed 
extension, but only if employers, or Consortia/Third-Party 
Administrators (C/TPAs) acting on their behalf, are also granted a 3-
year extension from the requirement ``for mandatory queries to the 
database.''
    An individual from Connecticut asked whether the States' query 
requirement would apply only to a CDL, or whether a State would also 
have to query the Clearinghouse prior to the issuance, renewal, or 
upgrade or transfer of a Commercial Learner's Permit (CLP). A commenter 
wanted to know if Clearinghouse registration would open in the fall.
    Several comments were beyond the scope of this rulemaking. One 
commenter believed that the pre-employment verification process 
``should be easier for businesses and more thorough,'' and suggested 
that DOT create ``a multi-modal solution of DOT safety sensitive work 
with all divisions of the DOT to qualify or suspend the individual.'' 
Another commenter questioned how drivers without access to the internet 
would authorize the release of information when an employer makes a 
full query. The Oregon DOT advocated extending the States' 
Clearinghouse requirements to the issuance of CLPs. Two commenters did 
not take a position on the proposal.

VII. FMCSA Responses to Comments

    The Agency finds that comments suggesting FMCSA should delay the 
entire Clearinghouse rule, or parts of the rule unrelated to the 
States' query requirement, are without merit. Clearinghouse 
registration for authorized users has been underway since October 1, 
2019, and FMCSA intends to make the Clearinghouse operational beginning 
January 6, 2020, as required by the 2016 final rule. The Clearinghouse 
represents an important step forward in improving compliance with 
FMCSA's drug and alcohol use testing requirements and removing drivers 
from the roadway until the return-to-duty process has been completed, 
thus enhancing highway safety. It is neither necessary nor desirable to 
delay implementation of the core Clearinghouse reporting and query 
obligations applicable to motor carrier employers and their service 
agents, including medical review officers, C/TPAs, and to substance 
abuse professionals.
    For the reasons stated in the NPRM, this final rule does, however, 
extend the compliance date applicable to the States' query requirement, 
from January 6, 2020, to January 6, 2023. Accordingly, FMCSA adopts, 
without change, the regulatory text as proposed in the NPRM. 
Additionally, as proposed, States wishing to voluntarily access the 
Clearinghouse to obtain driver-specific information prior to the 
issuance, renewal, transfer, or upgrade of a CDL, may do so beginning 
January 6, 2020. Instructions for SDLAs wishing to access the 
Clearinghouse will be available on the Clearinghouse website prior to 
that date. States opting to access the Clearinghouse during the 3-year 
voluntary query period would determine what, if any, action the SDLA 
would take if the query indicates the applicant is prohibited from 
operating a CMV due to a drug and alcohol program violation.
    In response to the question concerning whether the State query 
requirement pertains to CLP holders, or only to CDL holders, FMCSA 
notes that the Clearinghouse final rule required only that States 
conduct a query prior to the issuance, renewal, transfer, or upgrade of 
a CDL; CLPs were not included within the scope of the requirement. 
While the question of whether the States' query requirement should be 
extended to include CLPs, as suggested by the Oregon DOT, is outside 
the scope of this rule, that issue will be addressed in the 
Clearinghouse II NPRM.
    The Agency acknowledges ATA's comment suggesting that FMCSA 
``encourage'' States to ``adopt procedures'' to review Clearinghouse 
information when conducting the specified CDL transactions. In 
response, FMCSA again emphasizes that the Clearinghouse final rule did 
not require that States take any licensing action based on driver-
specific information obtained by conducting a query. As noted in the 
NPRM, a query does not, in and of itself, confer a safety benefit. When 
a voluntary query conducted in accordance with this final rule 
indicates an applicant is prohibited from operating a CMV because the 
individual has failed to complete the return-to-duty process following 
a drug or alcohol program violation, whether or not an SDLA would take 
a licensing action would be determined by State law. As discussed 
above, issues involving the States' use of Clearinghouse information 
will be addressed in the Clearinghouse II rulemaking.

[[Page 68055]]

VIII. International Impacts

    The Federal Motor Carrier Safety Regulations (FMCSRs), and any 
exceptions to the FMCSRs, apply only within the United States (and, in 
some cases, United States territories). Motor carriers and drivers are 
subject to the laws and regulations of the countries in which they 
operate, unless an international agreement states otherwise. Drivers 
and carriers should be aware of the regulatory differences among 
nations.

IX. Section-By-Section Analysis

A. Change to 49 CFR 382.725

    FMCSA amends Sec.  382.725(a) to permit States to request 
information from the Clearinghouse beginning January 6, 2020, and to 
require that States request information from the Clearinghouse on or 
after January 6, 2023.

B. Changes to 49 CFR Parts 383 and 384

    In parts 383 and 384, FMCSA amends Sec. Sec.  383.73(b)(10), 
(c)(10), (d)(9), (e)(8), and (f)(4) and 384.235, by changing the date 
from January 6, 2020, to January 6, 2023.

X. 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 determined that this final rule is not a significant 
regulatory action under section 3(f) of E.O. 12866 (58 FR 51735, Oct. 
4, 1993), Regulatory Planning and Review, as supplemented by E.O. 13563 
(76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory 
Review. Accordingly, the Office of Management and Budget has not 
reviewed it under those Orders. This rule is also not significant 
within the meaning of DOT regulatory policies and procedures (DOT Order 
2100.6, dated Dec. 20, 2018). In addition, this rule does not require 
an assessment of potential costs and benefits under section 6(a)(3) of 
E.O. 12866. Because the Clearinghouse final rule did not establish a 
cost or benefit for the SDLA query, there are neither costs nor 
benefits associated with this rulemaking.

B. E.O. 13771 Reducing Regulation and Controlling Regulatory Costs

    This rule has been designated as a deregulatory action under E.O. 
13771 by the Office of Information and Regulatory Affairs because it 
delays a compliance date for a requirement.

C. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801, et seq.), 
the Office of Information and Regulatory Affairs designated this rule 
as not a ``major rule,'' as defined by 5 U.S.C. 804(2).\3\
---------------------------------------------------------------------------

    \3\ A ``major rule'' means any rule that the Administrator of 
Office of Information and Regulatory Affairs at the Office of 
Management and Budget finds has resulted in or is likely to result 
in (a) an annual effect on the economy of $100 million or more; (b) 
a major increase in costs or prices for consumers, individual 
industries, Federal agencies, State agencies, local government 
agencies, or geographic regions; or (c) significant adverse effects 
on competition, employment, investment, productivity, innovation, or 
on the ability of United States-based enterprises to compete with 
foreign-based enterprises in domestic and export markets (5 U.S.C. 
804(2)).
---------------------------------------------------------------------------

D. Regulatory Flexibility Act (Small Entities)

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (Pub. L. 104-121, 110 Stat 857) 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. 
The term ``small entities'' comprises small businesses and not-for-
profit organizations that are independently owned and operated and are 
not dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000 (5 U.S.C. 601(6)). Accordingly, DOT 
policy requires an analysis of the impact of all regulations on small 
entities, and mandates that agencies strive to lessen the adverse 
effects on these businesses.
    As described above, the Clearinghouse final rule requires the SDLAs 
to query the Clearinghouse before completing certain licensing 
transactions. This final rule extends that compliance date from January 
6, 2020, to January 6, 2023. The extension of the compliance date is 
limited to the SDLAs' query requirement. The extension does not impose 
costs on the SDLAs.
    The regulatory flexibility analysis the Agency prepared for the 
Clearinghouse final rule did not include the SDLAs among the small 
entities affected by the rule. State governments and their agencies are 
not included in the definition of ``small governmental jurisdictions'' 
(5 U.S.C. 601(5)) or ``small entities'' (5 U.S.C. 601(6)). That 
determination, combined with the fact that the SDLAs are the only 
entity affected by the extension of the compliance date, and no costs 
would be imposed on the SDLAs, demonstrates that the rule does not have 
a significant impact on small entities. Consequently, I certify the 
action will not have a significant economic impact on a substantial 
number of small entities.

E. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities 
in understanding this final rule so that they can better evaluate its 
effects on themselves and participate in the rulemaking initiative. If 
the final rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult the FMCSA point of 
contact, Ms. Nikki McDavid, listed in the FOR FURTHER INFORMATION 
CONTACT section of this final rule. Small businesses may send comments 
on the actions of Federal employees who enforce or otherwise determine 
compliance with Federal regulations to the Small Business 
Administration's Small Business and Agriculture Regulatory Enforcement 
Ombudsman and the Regional Small Business Regulatory Fairness Boards. 
The Ombudsman evaluates these actions annually and rates each agency's 
responsiveness to small business. If you wish to comment on actions by 
employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247). DOT has a 
policy regarding the rights of small entities to regulatory enforcement 
fairness and an explicit policy against retaliation for exercising 
these rights.

F. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. 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 $165 million (which is the value equivalent 
of $100 million in 1995, adjusted for inflation to 2018 levels) or more 
in any one year. This rule would not result in such an expenditure. As 
discussed above, FMCSA estimates the final rule would result in costs 
less than zero.

G. Paperwork Reduction Act

    This rule would call for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

[[Page 68056]]

H. E.O. 13132 (Federalism)

    A rule has implications for federalism under Section 1(a) of E.O. 
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.'' FMCSA determined that this rule would not have 
substantial direct costs on or for States, nor would it limit the 
policymaking discretion of States. Nothing in this document preempts 
any State law or regulation. Therefore, this rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Impact Statement.

I. E.O. 12988 (Civil Justice Reform)

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

J. E.O. 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies 
issuing ``economically significant'' rules, if the regulation also 
concerns an environmental health or safety risk that an agency has 
reason to believe may disproportionately affect children, to include an 
evaluation of the regulation's environmental health and safety effects 
on children. The Agency determined this rule is not economically 
significant. Therefore, no analysis of the impacts on children is 
required. In any event, the Agency does not anticipate that this 
regulatory action could in any respect present an environmental or 
safety risk that could disproportionately affect children.

K. E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this rule in accordance with E.O. 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights, and has determined it will not effect a taking of 
private property or otherwise have taking implications.

L. Privacy

    The Consolidated Appropriations Act, 2005, (Pub. L. 108-447, 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. This rule does not change the collection of 
personally identifiable information (PII) as set forth in the 2016 
Clearinghouse final rule. The supporting PIA, available for review on 
the DOT website, http://www.transportation.gov/privacy, gives a full 
and complete explanation of FMCSA practices for protecting PII in 
general and specifically in relation to the 2016 Clearinghouse rule, 
which would also apply to this final rule.

M. E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental 
consultation on Federal programs and activities do not apply to this 
program.

N. E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this rule under E.O. 13211, Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use. The Agency has determined that it is not a ``significant energy 
action'' under that order because it is not a ``significant regulatory 
action'' likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Therefore, it does not require a 
Statement of Energy Effects under E.O. 13211.

O. 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.

P. National Technology Transfer and Advancement Act (Technical 
Standards)

    The National Technology Transfer and Advancement Act (15 U.S.C. 272 
note) directs agencies to use voluntary consensus standards in their 
regulatory activities unless the agency provides Congress, through the 
Office of Management and Budget (OMB), with an explanation of why using 
these standards would be inconsistent with applicable law or otherwise 
impractical. Voluntary consensus standards (e.g., specifications of 
materials, performance, design, or operation; test methods; sampling 
procedures; and related management systems practices) are standards 
that are developed or adopted by voluntary consensus standards bodies. 
This rule does not use technical standards. Therefore, FMCSA did not 
consider the use of voluntary consensus standards.

Q. Environment

    FMCSA analyzed this rule for the purpose of 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, March 1, 2004), 
Appendix 2, paragraphs (6)(t)(2). The Categorical Exclusion (CE) in 
paragraph (6)(t)(2) covers regulations ensuring States comply with the 
provisions of 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 the 
action does not have the potential to significantly affect the quality 
of the environment. The CE determination is available for inspection or 
copying in the regulations.gov website listed under ADDRESSES.

R. E.O. 13783 (Promoting Energy Independence and Economic Growth)

    E.O. 13783 directs executive departments and agencies to review 
existing regulations that potentially burden the development or use of 
domestically produced energy resources, and to appropriately suspend, 
revise, or rescind those that unduly burden the development of domestic 
energy resources. In accordance with E.O. 13783, DOT prepared and 
submitted a report to the Director of OMB that provides specific 
recommendations that, to the extent permitted by law, could alleviate 
or eliminate aspects of agency action that burden domestic energy 
production. This rule has not been identified by DOT under E.O. 13783 
as potentially alleviating unnecessary burdens on domestic energy 
production.

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.


[[Page 68057]]


    In consideration of the foregoing, FMCSA amends 49 CFR chapter III, 
parts 382, 383, and 384, as follows:

PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

0
1. The authority citation for part 382 continues to read as follows:

    Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec. 
32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.


0
2. Amend Sec.  382.725 by revising paragraph (a) to read as follows:


Sec.  382.725  Access by State licensing authorities.

    (a)(1) Beginning January 6, 2020, and before January 6, 2023, in 
order to determine whether a driver is qualified to operate a 
commercial motor vehicle, the chief commercial driver's licensing 
official of a State may obtain the driver's record from the 
Clearinghouse if the driver has applied for a commercial driver's 
license from that State.
    (2) On or after January 6, 2023, in order to determine whether a 
driver is qualified to operate a commercial motor vehicle, the chief 
commercial driver's licensing official of a State must obtain the 
driver's record from the Clearinghouse if the driver has applied for a 
commercial driver's license from that State.
* * * * *

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND 
PENALTIES

0
3. The authority citation for part 383 continues to read as follows:

    Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 
214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 
1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of Pub. L. 
109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141, 126 
stat. 405, 830; and 49 CFR 1.87.


Sec.  383.73  [Amended]

0
4. Amend Sec.  383.73 by removing the date ``January 6, 2020'' from 
paragraphs (b)(10), (c)(10), (d)(9), (e)(8), and (f)(4) and adding, in 
its place, the date ``January 6, 2023.''

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
5. The authority citation for part 384 continues to read as follows:

    Authority: 49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103 
and 215 of Pub. L. 106-159, 113 Stat. 1748, 1753, 1767; sec. 32934 
of Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524 of Pub. L. 114-94, 
129 Stat. 1312, 1560; and 49 CFR 1.87.


Sec.  384.235  [Amended]

0
 6. Amend Sec.  384.235 by removing the date ``January 6, 2020'' and 
adding, in its place, the date ``January 6, 2023.''

    Issued under authority delegated in 49 CFR 1.87.

    Dated: December 10, 2019.
Jim Mullen,
Acting Administrator.
[FR Doc. 2019-26943 Filed 12-12-19; 8:45 am]
BILLING CODE 4910-EX-P