Extension of Compliance Date for States' Query of the Drug and Alcohol Clearinghouse, 68052-68057 [2019-26943]
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Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations
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Dated: December 2, 2019.
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[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
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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:
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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
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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.
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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
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III. Legal Basis for the Rulemaking
1 See 49 CFR 383.73(b)(10); (c)(10); (d)(9); (e)(8);
and (f)(4).
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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.
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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
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(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,
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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.
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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
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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.
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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)).
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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).
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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.
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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
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15:53 Dec 12, 2019
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PIA, available for review on the DOT
website, https://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.
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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
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[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.
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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]
=======================================================================
-----------------------------------------------------------------------
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\
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\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, https://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
