
[Federal Register: March 9, 2009 (Volume 74, Number 44)]
[Notices]               
[Page 10120-10121]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr09-105]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0232]

 
Commercial Driver's License: Commonwealth of Virginia, Department 
of Motor Vehicles; Application for Exemption

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

ACTION: Notice of final disposition; granting of application for 
exemption.

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SUMMARY: FMCSA approves an application from the Commonwealth of 
Virginia Department of Motor Vehicles (Virginia DMV) for an exemption 
for a period of 2 years from a provision of the Agency's commercial 
driver's license (CDL) regulations requiring that each CDL issued by a 
State contain a color photograph of the driver. Virginia DMV requested 
that it be allowed to use a black and white, laser-engraved photograph 
in lieu of a color photograph. Virginia DMV believes that the issuance 
of CDLs with black-and-white, laser-engraved photographs would enhance 
the security of the credential and assist law enforcement officials 
with the identification of the CDL holder. FMCSA has determined that 
the exemption would provide for a level of safety that is equivalent to 
or greater than the level of safety achieved without the exemption.

DATES: This exemption is effective March 9, 2009 and expires on March 
9, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, FMCSA Driver 
and Carrier Operations Division, Office of Bus and Truck Standards and 
Operations. Telephone: 202-366-4325, or E-mail: MCPSD@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption 
for a maximum of 2 years if it finds ``* * * such exemption would 
likely achieve a level of safety that is equivalent to, or greater 
than, the level that would be achieved absent such exemption * * *.'' 
The procedure for requesting an exemption is prescribed by 49 CFR part 
381.
    The Virginia DMV is in the project-planning phase of its transition 
to centralized issuance of drivers' licenses and identification cards. 
Virginia DMV is working towards meeting the requirements of the REAL ID 
Act of 2005 (Pub. L. 109-13, May 11, 2005, 119 Stat. 231, 302), and 
U.S. Department of Homeland Security's (DHS) implementing regulations 
(73 FR 5271, January 29, 2008). Under the REAL ID Act, Federal Agencies 
are prohibited, effective May 11, 2008, from accepting a driver's 
license or State-issued personal identification card for an official 
purpose unless the issuing State has met the requirements of the Act.

Virginia DMV Application for Exemption

    Virginia DMV has applied for an exemption from 49 CFR 
383.153(a)(4), which requires each CDL to contain a color photograph of 
the driver. Virginia DMV requested that it be allowed to use a black 
and white, laser-engraved photograph on Virginia-issued CDLs in lieu of 
a color photograph. In its application for an exemption, Virginia DMV 
explains in detail how the use of black and white, laser-engraved 
photographs on Virginia CDLs will enhance the security of the 
credential, in particular because the laser-engraved photograph cannot 
easily be altered. Virginia DMV also stated that a black and white, 
laser-engraved image actually enhances driver identification because, 
with hair and eye color absent, the image provides greater emphasis on 
other, less readily-altered, facial features. A copy of the Virginia 
DMV's application for an exemption is included in the docket referenced 
at the beginning of this notice.

Comments

    Three comments were received to this docket. Canadian Bank Note 
Company, Ltd., supported the application, stating that the process 
proposed by Virginia DMV would provide ``the most secure means of 
applying a photograph,'' and a clearer image as well. L-1 Identity 
Solutions (L-1) opposed the application, suggesting that Virginia DMV 
employ both a color and a black and white photograph on each CDL. L-1 
also recommended certain color technologies it believed to be more 
secure than the Virginia DMV technology. The third commenter, Virginia 
DMV, provided additional detail about its proposed black and white, 
laser-engraved technology indicating that it is no less secure than 
other technologies.

FMCSA Decision

    FMCSA has evaluated Virginia DMV's application on its merits 
following full consideration of the comments submitted to the docket, 
and has decided to grant the exemption from 49 CFR 383.153(a)(4) for a 
period of 2 years. FMCSA determined that the exemption would maintain a 
level of safety equivalent to, or greater than, the level achieved 
without the exemption (49 U.S.C. 31315(b)(1)).
    In reaching its decision, FMCSA considered DHS's January 29, 2008, 
final rule implementing certain provisions of the REAL ID Act. The 
final rule permits State licensing agencies to use either color or 
black and white photographs on driver's licenses and identification 
cards (6 CFR 37.17(e)(2)). DHS determined through a notice-and-comment 
rulemaking proceeding that laser-engraved black and white photography 
provides a comparable if not greater level of security or deterrence to 
falsification. (See 73 FR 5301)
    The regulation from which the Virginia DMV is exempted does not 
concern the qualifications of the CDL holder or his or her safety 
performance. Furthermore, the rule does not pertain to FMCSA's 
requirement that the CDL document be tamperproof or tamper resistant. 
(See 49 CFR 383.155.) Because the exemption is limited to the actual 
photograph or image of the CDL holder and the State would continue to 
be required to maintain compliance with all other CDL document rules, 
FMCSA concludes the exemption would not have an adverse impact on 
safety.

[[Page 10121]]

    FMCSA's tamper-proofing rule (49 CFR 383.155) should not be 
construed to apply a higher standard of document security than the 
rules prescribed by DHS on January 29, 2008. The Agency concludes that 
the objections to laser-engraved black and white images raised by L-1 
should be addressed to DHS, as they relate to DHS's decision in its 
READ ID Act rulemaking. The Agency will not attempt to resolve those 
concerns here.
    For the reasons discussed above, FMCSA grants the Virginia DMV's 
application for an exemption from 49 CFR 383.153(a)(4) for a period of 
2 years.

    Issued on: March 2, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. E9-4930 Filed 3-6-09; 8:45 am]

BILLING CODE 4910-EX-P
