[Federal Register Volume 85, Number 240 (Monday, December 14, 2020)]
[Proposed Rules]
[Pages 80745-80760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26957]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 385 and 391

[Docket No. FMCSA-2018-0224]
RIN 2126-AC15


Record of Violations

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: FMCSA proposes to eliminate the requirement that drivers 
operating commercial motor vehicles (CMVs) in interstate commerce 
prepare and submit a list of their convictions for traffic violations 
to their employers annually. This requirement is largely duplicative of 
a separate provision that requires each motor carrier to make an annual 
inquiry to obtain the motor vehicle record (MVR) for each driver it 
employs from every State in which the driver holds or has held a CMV 
operator's license or permit in the past year. To ensure motor carriers 
are aware of traffic violations for a driver who is licensed by a 
foreign authority rather than by a State, that provision would be 
amended to provide that motor carriers must make an annual inquiry to 
each driver's licensing authority where a driver holds or has held a 
CMV operator's license or permit. This change would require motor 
carriers to request the MVR equivalent from Canadian and Mexican 
driver's licensing authorities. FMCSA expects that removing the 
requirement for drivers to provide a list of their convictions for 
traffic violations to their employers annually would reduce the 
paperwork burden on drivers and motor carriers without adversely 
affecting CMV safety.

DATES: Comments on this notice of proposed rulemaking (NPRM) and 
information collection must be received on or before February 12, 2021.

[[Page 80746]]


ADDRESSES: You may submit comments regarding this NPRM identified by 
docket number FMCSA-2018-0224 using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2018-0224. Follow the online 
instructions for submitting comments.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. To be sure 
someone is there to help you, please call (202) 366-9317 or (202) 366-
9826 before visiting Dockets Operations.
     Fax: (202) 493-2251.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Office of Driver 
and Carrier Operations, at Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-4325; 
or MCPSD@dot.gov. If you have questions on viewing or submitting 
material to the docket, call Dockets Operations at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments to the NPRM

    If you submit a comment to this NPRM, please include the docket 
number (FMCSA-2018-0224), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. FMCSA recommends that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so that FMCSA can contact you if there are questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2018-0224, click on the ``Comment Now!'' button 
and type your comment into the text box on the following screen. Choose 
whether you are submitting your comment as an individual or on behalf 
of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period and may make changes based on your comments.
Confidential Business Information
    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is 
exempt from public disclosure. If your comments responsive to this NPRM 
contain commercial or financial information that is customarily treated 
as private, that you actually treat as private, and that is relevant or 
responsive to this NPRM, it is important that you clearly designate the 
submitted comments as CBI. Please mark each page of your submission 
that constitutes CBI as ``PROPIN'' to indicate it contains proprietary 
information. FMCSA will treat such marked submissions as confidential 
under the Freedom of Information Act, and they will not be placed in 
the public docket for this rulemaking. Submissions containing CBI 
should be sent to Mr. Brian Dahlin, Chief, Regulatory Analysis 
Division, Federal Motor Carrier Safety Administration, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001. Any comments FMCSA receives that 
are not specifically designated as CBI will be placed in the public 
docket for this rulemaking.

B. Viewing Comments and Documents

    To view comments, as well as any documents mentioned as being 
available in the docket, go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2018-0224 and choose the document to review. If 
you do not have access to the internet, you may view the docket online 
by visiting Dockets Operations in Room W12-140 on the ground floor of 
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. To be sure someone is there to help you, please call (202) 
366-9317 or (202) 366-9826 before visiting Dockets Operations.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice DOT/ALL 14--FDMS, which can be reviewed at https://www.transportation.gov/privacy.

D. Waiver of Advance Notice of Proposed Rulemaking

    Under 49 U.S.C. 31136(g)(1), FMCSA is required to publish an 
advance notice of proposed rulemaking or conduct a negotiated 
rulemaking if a proposed rule is likely to lead to the promulgation of 
a major rule.\1\ As this proposed rule is not likely to result in the 
promulgation of a major rule, the Agency is not required to issue an 
advance notice of proposed rulemaking or to proceed with a negotiated 
rulemaking.
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    \1\ A ``major rule'' means any rule that the Administrator of 
OIRA at OMB 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)).
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E. Comments on the Information Collection

    Written comments and recommendations for the information collection 
discussed in this NPRM can be sent to FMCSA within 60 days of 
publication using any of the methods described in ``Public 
Participation and Request for Comments'' above.

II. Executive Summary

A. Purpose of the Regulatory Action and Summary of the Major Provisions

    As part of FMCSA's ongoing regulatory reform efforts to remove 
costly, redundant, and burdensome regulations, the Agency proposes to 
rescind 49 CFR 391.27, Record of violations, and all related references 
to the rule in the Federal Motor Carrier Safety Regulations (FMCSRs). 
Section 391.27 provides that each motor carrier must, at least once 
every 12 months, require each driver it employs to prepare and furnish 
the motor carrier with a list of all violations of motor vehicle 
traffic laws and ordinances, other than violations involving only 
parking, of which the driver has been convicted or for which the driver 
has forfeited bond or collateral during the preceding 12 months. When a 
driver does not have any violations to report, the driver is required 
to furnish a certification to that effect. The motor carrier must 
retain the list of violations

[[Page 80747]]

or certification of no violations in the driver's qualification file.
    FMCSA would retain the requirement in Sec.  391.25(a), Annual 
inquiry and review of driving record, for an annual MVR inquiry, which 
is largely duplicative of the requirement in Sec.  391.27 for drivers 
to provide an annual list of their violations to their motor carriers. 
Section 391.25 requires each motor carrier to make an annual inquiry to 
obtain the MVR for each driver it employs from every State \2\ in which 
the driver holds or has held a CMV operator's license or permit in the 
past year. The motor carrier is required to review the MVR obtained and 
to maintain a copy of it in the driver's qualification file. Thus, 
Sec.  391.25 currently applies to all motor carriers, domestic and 
foreign, but is limited to inquiries for drivers licensed by a State.
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    \2\ For purposes of part 391, the term ``State'' includes the 
District of Columbia (49 CFR 390.5T).
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    To ensure motor carriers are aware of traffic violations for a 
driver who is licensed by a foreign authority rather than by a State, 
FMCSA proposes to amend Sec.  391.25(a) to require motor carriers to 
inquire annually of each driver's licensing authority where a driver 
holds or has held a CMV operator's license or permit. This change would 
require motor carriers to request the MVR equivalent from Canadian and 
Mexican driver's licensing authorities.
    To maintain consistency within part 391 with respect to requests 
for MVRs, FMCSA proposes conforming changes to the hiring process. 
Section 391.23, Investigation and inquiries, requires a motor carrier 
to make an inquiry to each State where the driver holds or has held a 
motor vehicle operator's license or permit during the preceding 3 years 
to obtain the driver's MVR when a motor carrier is hiring a driver. 
Changes would be made in Sec.  391.23 to require motor carriers to make 
inquiries to each driver's licensing authority where a driver holds or 
has held a motor vehicle operator's license or permit. A change also 
would be made in Sec.  391.21, Application for employment, to require 
each driver to provide on the employment application the issuing 
driver's licensing authority of each unexpired CMV operator's license 
or permit that has been issued to the driver so motor carriers could 
make the required inquiries under Sec.  391.23. Other conforming 
changes are outlined in the section-by-section analysis in Section 
VII., below.

B. Costs and Benefits

    The proposed elimination of Sec.  391.27 would result in cost 
savings to drivers, as they would no longer spend time completing a 
list of convictions for traffic violations. It would result in cost 
savings to motor carriers, as they would no longer have to file the 
lists in driver qualification files. The Agency estimates that 
rescinding Sec.  391.27 would result in cost savings of $28.1 million 
over 10 years, at a 7 percent discount rate. The annualized cost 
savings would be estimated at $4.0 million.
    The proposed changes in the FMCSRs to require inquiries to Canadian 
and Mexican driver's licensing authorities would have minimal, if any, 
impact. Only a small proportion of CMV drivers operating in the United 
States are licensed by a foreign authority rather than by a State. Of 
the 6.2 million CMV drivers reported in FMCSA's 2018 Pocket Guide to 
Large Truck and Bus Statistics,\3\ the Agency estimates that at most 
only 2.0 percent are employed by Canadian motor carriers operating in 
the United States and 0.5 percent are employed by Mexican motor 
carriers operating in the United States. The combined total of 2.4 
percent represents approximately 139,733 drivers reported as being 
employed by Canadian and Mexican motor carriers.\4\
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    \3\ Available at https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/safety/data-and-statistics/413361/fmcsa-pocket-guide-2018-final-508-compliant.pdf, Exhibit 1-10 (accessed Apr. 22, 2019).
    \4\ The sum of the number of Canadian and Mexican drivers as a 
percentage of the total number of drivers in Exhibit 1-10 does not 
add up to 2.5 percent due to rounding.
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    The proposed changes would not increase reporting and recordkeeping 
costs for motor carriers or drivers. This is because the Motor Carrier 
Management Information System (MCMIS), the repository for the Agency's 
driver population data, counts the total number of drivers reported by 
motor carriers, both foreign and domestic, and for purposes of 
information collection burden calculation, the median fee for obtaining 
an MVR or its equivalent from either a foreign or a domestic authority 
is generally the same.\5\ FMCSA uses the MCMIS driver population data, 
which currently includes drivers employed by Canadian and Mexican motor 
carriers, to calculate the burden associated with information 
collections and paperwork. Therefore, though FMCSA is proposing new 
requirements for motor carriers to request MVRs for their drivers 
operating in the United States who are licensed by a foreign authority 
rather than by a State, the current OMB-approved information collection 
already includes the reporting and recordkeeping costs and burdens.
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    \5\ Motor carriers also must pay driver's licensing authorities 
to request MVRs and MVR equivalents. The current OMB-approved 
information collection request associated with the reporting and 
recordkeeping requirements of Sec. Sec.  391.23 and 391.25 estimates 
the cost incurred by motor carriers to request MVRs based on the 
median for the 51 State driver's licensing agencies (SDLAs). The 
median fee used in this analysis is based on the 51 SDLAs' and 
Canadian licensing authorities' fees. The median fee is $9 with or 
without the Canadian authorities' fees. Thus, this new requirement 
imposes no new costs on motor carriers.
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    In addition, Canadian and Mexican motor carriers are already 
required by their applicable safety codes to request the equivalent of 
MVRs for their drivers from their country's licensing authorities.\6\ 
Accordingly, FMCSA has determined that the proposed changes to 
Sec. Sec.  391.23 and 391.25 to require inquiries to Canadian and 
Mexican driver's licensing authorities to obtain the equivalent of MVRs 
would impose no new record keeping or reporting costs or burdens. 
Though Canadian and Mexican motor carriers would not be required to 
change their current business practices and would not have any new 
costs or burdens imposed as a result of the proposed rule, FMCSA 
continues to include the costs and burdens for requesting MVR 
equivalents in the current OMB-approved information collection to treat 
all motor carriers consistently and for administrative convenience.
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    \6\ See Section IX.A., below, and footnote 10 for additional 
information.
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    FMCSA does not expect this proposed rule would negatively affect 
CMV safety. Motor carriers would still be required by Sec.  391.25 to 
make an inquiry at least annually to each driver's licensing authority 
in which an employed driver holds or has held a CMV operator's license 
or permit to obtain the MVR of each driver they employ. Thus, motor 
carriers would still have a reliable way to learn of any convictions 
for traffic violations incurred by their driver employees.

III. Legal Basis for the Rulemaking

    Sections 391.21, 391.23, 391.25, and 391.27 in title 49 of the CFR 
are based on the authority of the Motor Carrier Act of 1935 (1935 Act) 
(Pub. L. 74-255, 49 Stat. 543, 546, August 9, 1935) and the Motor 
Carrier Safety Act of 1984 (1984 Act) (Pub. L. 98-554, 98 Stat. 2832, 
2834, 2841, October 30, 1984), both as amended.
    This NPRM proposes to rescind Sec.  391.27 and to amend Sec. Sec.  
391.23 and 391.25 to require motor carriers to make an inquiry to each 
driver's licensing

[[Page 80748]]

authority where each driver they propose to hire, or have employed for 
the last 12 months, holds or has held a CMV operator's license or 
permit, to obtain the MVR for that driver. In addition, the Agency 
proposes to amend Sec.  391.21 to require drivers to provide on the 
employment application the issuing driver's licensing authority of each 
unexpired CMV operator's license or permit that has been issued to the 
driver.
    The 1935 Act, as codified at 49 U.S.C. 31502(b), authorizes the 
Secretary of Transportation (Secretary) to ``prescribe requirements 
for--(1) qualifications and maximum hours of service of employees of, 
and safety of operation and equipment of, a motor carrier; and (2) 
qualifications and maximum hours of service of employees of, and 
standards of equipment of, a motor private carrier, when needed to 
promote safety of operation.'' This NPRM addresses the qualifications 
of motor carrier employees, consistent with the safe operation of CMVs.
    The 1984 Act, as codified at 49 U.S.C. 31136, provides concurrent 
authority to regulate drivers, motor carriers, and vehicle equipment. 
Section 31136 requires the Secretary to issue regulations on CMV safety 
including regulations to ensure that ``commercial motor vehicles are . 
. . operated safely'' (section 31136(a)(1)). The remaining statutory 
factors and requirements in section 31136(a), to the extent they are 
relevant, are also satisfied here. In accordance with section 
31136(a)(2), the requirement for motor carriers to inquire of driver's 
licensing authorities to obtain the MVR of each driver they employ 
would not impose any ``responsibilities . . . on operators of 
commercial motor vehicles [that would] impair their ability to operate 
the vehicles safely.'' This rule would not address medical standards 
for drivers or possible physical effects caused by driving CMVs 
(section 31136(a)(3) and (a)(4), respectively). FMCSA believes there is 
no basis to anticipate that drivers would be coerced (section 
31136(a)(5)) because of this rulemaking. The Secretary has 
discretionary authority under 49 U.S.C. 31133(a)(8) to prescribe, and 
thus to remove, recordkeeping and reporting requirements. This 
deregulatory action to rescind Sec.  391.27 rests on that authority.
    The Administrator of FMCSA is delegated authority under 49 CFR 1.87 
to carry out the functions vested in the Secretary by 49 U.S.C. 
chapters 311 and 315 as they relate to CMV operators, programs, and 
safety.
    Finally, prior to prescribing any regulations, FMCSA must consider 
their ``costs and benefits'' (49 U.S.C. 31136(c)(2)(A) and 31502(d)). 
Those factors are discussed in the Regulatory Analyses section of this 
proposed rule.

IV. Background

    Currently, 49 CFR 391.27 specifies, in part and subject to limited 
exceptions, that each motor carrier must, at least once every 12 
months, require each driver it employs to prepare and furnish the motor 
carrier with a list of all violations of motor vehicle traffic laws and 
ordinances, other than violations involving only parking, of which the 
driver has been convicted or for which the driver has forfeited bond or 
collateral during the preceding 12 months. Section 391.27 became 
effective on January 1, 1971 (35 FR 6458, 6462, Apr. 22, 1970).
    On two previous occasions the Federal Highway Administration 
(FHWA), FMCSA's predecessor agency, proposed removing Sec.  391.27 and 
its related requirements. The initial proposal was included in a 
January 10, 1994, NPRM titled ``Removal of Obsolete and Redundant 
Regulations and Appendices'' (59 FR 1366). In that document, FHWA 
stated the objective of Sec.  391.27 is to provide the employing motor 
carrier with information about a driver's moving violations so the 
carrier can use the information to ensure that its driver has not been 
disqualified to drive a CMV (59 FR 1367). FHWA also stated that the 
requirements in Sec.  391.27 are unnecessary and redundant because 
commercial driver's license (CDL) regulations already require CMV 
drivers to notify their current employers within 30 days of any 
conviction for a non-parking violation in any kind of vehicle. FHWA 
stated further that it is a common practice for motor carriers to 
obtain State MVRs on each of their drivers once or more per year, 
though such action is not required.
    In response to the NPRM, nine commenters supported and eight 
opposed the removal of Sec.  391.27. Some commenters recommended 
replacing the requirement for a list of violations with similar 
requirements involving an annual inquiry by motor carriers to the State 
driver's licensing agencies (SDLA) regarding the employee's driving 
record. Other commenters stated the requirement to provide a list of 
violations is the only notification requirement applicable to drivers 
of smaller commercial vehicles, and its removal would eliminate an 
important source of information. FHWA decided not to remove the 
requirement to provide a list of violations when the final rule was 
adopted, but stated it would evaluate the comments further and 
determine whether a future rulemaking to amend such requirements would 
be warranted (59 FR 60319, 60320, November 23, 1994).
    The second proposal to eliminate Sec.  391.27 was included in a 
January 27, 1997, NPRM titled ``Review of the [FMCSRs]; Regulatory 
Removals and Substantive Amendments'' (62 FR 3855). FHWA proposed 
replacing the requirement for drivers to provide a list of violations 
with similar requirements involving an annual inquiry regarding 
drivers' driving records by motor carriers to the SDLA, as proposed in 
Sec.  391.25. The proposal to eliminate Sec.  391.27 was based on two 
assumptions. The first assumption was that SDLAs would be able to 
provide a comprehensive record of crashes and traffic violations for 
both CDL and non-CDL CMV drivers so a motor carrier could ``better 
verify that its drivers have not lost their driving privileges and have 
not been otherwise disqualified to drive a CMV'' (62 FR 3858). The 
second assumption was that the State records would be more accurate 
than the practice of relying on a driver's memory or honesty.
    Several commenters expressed reservations about the completeness 
and timeliness of SDLA information at that time. They believed that 
significant improvements needed to be made in the States' collection 
and transmission of data before motor carriers should be asked to rely 
completely on State driving records. Other commenters supported the 
proposal as a more consistent and objective method to gather 
information. FHWA determined that it was in the best interest of safety 
to retain Sec.  391.27. FHWA stated that, until the completeness and 
timeliness of State-based driver record information is substantially 
improved, it is important for motor carriers to obtain violation 
information from both the driver and State-based source to enable 
cross-verification of information (63 FR 33254, 33262, June 18, 1998). 
FHWA did amend Sec.  391.25, however, to include a specific requirement 
for a motor carrier to make an annual inquiry for the driving record of 
each of its drivers to the appropriate agency of every State in which 
the driver held a CMV operator's license or permit during the relevant 
time period (63 FR 33277).
    On October 2, 2017, as part of the President's directives to review 
existing regulations to evaluate their continued necessity, determine 
whether they solve current problems, and evaluate whether they are 
burdensome, DOT published a Federal Register document seeking input on 
existing rules and other agency actions (82 FR 45750). DOT invited the

[[Page 80749]]

public to identify rules and other actions that are good candidates for 
repeal, replacement, suspension, or modification. In response, the 
American Trucking Associations and the American Pyrotechnics 
Association recommended that FMCSA eliminate the requirement in Sec.  
391.27 that a driver provide his or her employer with a list of 
violations at least annually.\7\ They commented that the requirement is 
duplicative of Sec.  391.25, which requires motor carriers to order a 
driver's MVR at least annually, because the MVR contains violation 
information and must be placed in the driver's qualification file.
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    \7\ Both comments are available in the docket for this 
rulemaking.
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V. Discussion of Proposed Rulemaking

    FMCSA proposes to rescind 49 CFR 391.27, Record of violations, and 
all related references to the rule in the FMCSRs. Section 391.27 
provides that each motor carrier must, at least once every 12 months, 
require each driver it employs to prepare and furnish the motor carrier 
with a list of all violations of motor vehicle traffic laws and 
ordinances, other than violations involving only parking, of which the 
driver has been convicted or for which the driver has forfeited bond or 
collateral during that period. When a driver does not have any 
violations to report, the driver is required to furnish a certification 
to that effect. The motor carrier must file the list of violations or 
certification of no violations in the driver's qualification file.
    FMCSA would retain the requirement in Sec.  391.25(a), Annual 
inquiry and review of driving record, for an annual MVR inquiry, which 
is largely duplicative of the requirement in Sec.  391.27 for drivers 
to provide a list of their convictions for traffic violations to their 
motor carriers. With limited exceptions, Sec.  391.25 requires each 
motor carrier to inquire annually to obtain the MVR for each driver it 
employs from every State in which the driver holds or has held a CMV 
operator's license or permit in the past year. Additionally, the motor 
carrier is required to review the MVR obtained and to maintain a copy 
of it in the driver's qualification file.
    Section 391.25 currently applies to all motor carriers, domestic 
and foreign, but is limited to inquiries for drivers licensed by a 
State. FMCSA proposes to amend Sec.  391.25(a) to require that motor 
carriers make an annual inquiry to each driver's licensing authority 
where a driver holds or has held a CMV operator's license or permit. 
For example, any motor carrier that employs a driver who holds a 
Canadian or Mexican license to operate a CMV and is authorized to 
operate in the United States would be required to request the 
equivalent of an MVR from the Canadian or Mexican licensing authority 
where the driver is licensed.
    The proposed amendment to Sec.  391.25(a) represents a change for 
motor carriers from making inquiries for MVRs only to States, to 
include making inquiries for MVR equivalents to Canadian and Mexican 
driver's licensing authorities. This change would have minimal, if any, 
impact, as relatively few drivers operating in the United States are 
licensed by a foreign authority rather than by a State. In addition, 
Canadian and Mexican motor carriers are already required by their 
applicable safety codes to request the equivalent of MVRs for their 
drivers from their country's licensing authorities. Moreover, FMCSA 
currently includes the costs and burdens for requesting MVR equivalents 
in its current information collections. As explained above in the 
discussion of the legal basis for this rulemaking, FMCSA has the 
statutory authority to make the proposed change.
    To maintain consistency within part 391 with respect to requests 
for MVRs, FMCSA proposes conforming changes to the hiring process. 
Paragraph (a)(1) of Sec.  391.23, Investigation and inquiries, requires 
a motor carrier hiring a driver to make an inquiry to each State where 
the driver holds or has held a motor vehicle operator's license or 
permit during the preceding 3 years to obtain the driver's MVR. 
Accordingly, the term ``State'' in paragraph (a)(1) would be changed to 
provide that the inquiry must be to each ``driver's licensing 
authority.'' Similar changes to replace references to States would be 
made in paragraph (b), which requires that a copy of the MVR obtained 
in response to the inquiry to each State must be placed in the driver's 
qualification file. A change also would be made in Sec.  391.21(b)(5), 
Application for employment, to require each driver to provide on the 
employment application the issuing ``driver's licensing authority,'' 
instead of ``State,'' of each unexpired CMV operator's license or 
permit that has been issued to the driver so motor carriers could make 
the required inquiries under Sec.  391.23.
    Other FMCSRs would be amended to reflect the elimination of Sec.  
391.27 or the change from an inquiry to each ``State'' to an inquiry to 
each ``driver's licensing authority'' for the MVR. Paragraph (b)(6) in 
Sec.  391.11, General qualifications of drivers, which provides that a 
driver is not qualified to operate a CMV unless the driver has prepared 
and furnished the motor carrier that employs him or her with the list 
of violations or the certificate required by Sec.  391.27, would be 
removed.
    In Sec.  391.51, General requirements for driver qualification 
files, paragraphs (b)(6) and (d)(3), which relate to maintaining in the 
driver qualification file a list or certificate relating to violations 
of motor vehicle laws and ordinances as required by Sec.  391.27, would 
be removed. Paragraphs (b)(2) and (4), and (d)(1) would be amended to 
reflect the change from an inquiry to each ``State'' to an inquiry to 
each ``driver's licensing authority'' relating to maintaining copies of 
MVRs received pursuant to inquiries required by Sec.  391.23(a)(1) or 
391.25(a).
    In Sec.  391.63, Multiple-employer drivers, paragraph (a)(5), which 
provides that a multiple-employer driver need not furnish a list of 
violations or a certificate in accordance with Sec.  391.27, would be 
removed.
    Eliminating the requirement for drivers to provide an annual list 
of their convictions for traffic violations would reduce the paperwork 
burden on drivers and motor carriers. The burden on motor carriers 
would be reduced because they would no longer be required to file the 
lists. The proposed changes to Sec. Sec.  391.21, 391.23, and 391.25 
would not increase reporting or recordkeeping costs. FMCSA is not 
proposing changes to other self-reporting requirements applicable to 
drivers.
    FMCSA does not expect that this proposed rule would affect CMV 
safety adversely because the annual MVR inquiry would continue to 
provide a reliable way for motor carriers to learn of their drivers' 
convictions for traffic violations. The distribution of the MVR also 
has become more reliable and efficient. The ``Commercial Driver's 
License Testing and Commercial Learner's Permit Standards'' final rule 
(76 FR 26854, May 9, 2011) required all States to upgrade their 
computer systems. In addition, FMCSA has conducted outreach and 
education with courts and judges, which has improved the transmission 
of convictions from courts to SDLAs. Accordingly, there have been 
improvements in data collection and transmission that support this 
rulemaking at this time.
    Retaining the annual MVR inquiry in Sec.  391.25, with the proposed 
amendment to paragraph (a), would satisfy the objective of Sec.  391.27 
to provide the employing motor carrier with the information necessary 
to ensure that its drivers have not lost their driving

[[Page 80750]]

privileges or been disqualified to drive a CMV. In the event a motor 
carrier desires additional information concerning violations that the 
MVR may not reflect (for example, violations occurring in a country 
where the driver is not licensed), FMCSA believes the best approach 
would be to allow the driver and motor carrier to determine the most 
efficient manner and process for them to obtain and communicate the 
information.
    FMCSA is proposing an additional amendment to Sec.  391.23(b) that 
is unrelated to the proposal to rescind Sec.  391.27. Paragraph (b) of 
Sec.  391.23 currently requires when no MVR is received from a State 
that the motor carrier must (1) document a good faith effort to obtain 
the MVR, and (2) certify that no record exists for the driver in that 
State. FMCSA is proposing to remove the requirement for a 
certification. A motor carrier does not have access to a licensing 
authority's records; therefore, it is impossible for the motor carrier 
to know what records are or are not maintained for a particular driver 
by the licensing authority. The requirement for the motor carrier to 
document a good faith effort to obtain the MVR would be retained.

VI. International Impacts

    Motor carriers and drivers are subject to the laws and regulations 
of the countries in which they operate, unless an international 
agreement states otherwise. The specific impacts of this proposed rule 
on foreign licensed drivers and foreign motor carriers operating CMVs 
in the United States are discussed throughout the preamble of this 
NPRM.

VII. Section-by-Section Analysis

    This section includes a summary of the proposed regulatory changes 
organized by the part and section number.

A. Part 385

Appendix B to Part 385--Explanation of Safety Rating Process
    FMCSA proposes conforming changes to section VII. List of Acute and 
Critical Regulations of Appendix B to Part 385. Due to the proposed 
removal of Sec.  391.51(b)(6), which relates to maintaining in the 
driver's qualification file a list or certificate relating to 
violations of motor vehicle laws and ordinances required by Sec.  
391.27, paragraph (b)(7) would be renumbered as paragraph (b)(6). 
Accordingly, the current entry set forth in Appendix B to Part 385 
relating to Sec.  391.51(b)(7), failing to maintain the medical 
examiner's certificate in the driver's qualification file, would be 
renumbered as Sec.  391.51(b)(6).

B. Part 391

Section 391.11 General Qualifications of Drivers
    In Sec.  391.11, FMCSA proposes to remove paragraph (b)(6), which 
references the requirements of Sec.  391.27. Paragraphs (b)(7) and (8) 
would be renumbered as (b)(6) and (7).
Section 391.21 Application for Employment
    In paragraph (b)(5) of Sec.  391.21, FMCSA proposes to change the 
reference to a ``State'' to a ``driver's licensing authority'' to 
identify the entity issuing each unexpired CMV operator's license or 
permit to the driver.
Section 391.23 Investigation and Inquiries
    In paragraphs (a)(1) and (b) of Sec.  391.23, FMCSA proposes to 
change references to a ``State'' to a ``driver's licensing authority'' 
to designate where the motor carrier should make inquiries for MVRs 
when a driver is hired and from where records are received. In 
paragraph (b), the requirement for a motor carrier to certify that no 
record exists, when no MVR is received from the licensing authority for 
a driver, would be removed.
Section 391.25 Annual Inquiry and Review of Driving Record
    Similar to the revisions proposed in Sec.  391.23, FMCSA proposes 
to amend Sec.  391.25(a) by deleting the words ``the appropriate agency 
of every State in which'' and adding in their place the words ``each 
driver's licensing authority where'' to designate where the motor 
carrier must make annual inquiries.
Section 391.27 Record of Violations
    FMCSA proposes to remove Sec.  391.27 and reserve it for future 
use.
Section 391.51 General Requirements for Driver Qualification Files
    In Sec.  391.51, the Agency proposes to delete the words ``State 
record'' in paragraph (b)(2) and ``State driver licensing agency'' in 
paragraph (b)(4), and to add in their place the words ``driver's 
licensing authority.'' Paragraph (b)(6) would be deleted to remove a 
reference to the requirements of Sec.  391.27, and paragraphs (b)(7) 
through (9) would be renumbered as paragraphs (b)(6) through (8).
    Paragraph (d)(1) would be revised to delete the words ``State 
driver licensing agency'' and to add in their place the words 
``driver's licensing authority.'' To remove a reference to the 
requirements of Sec.  391.27, paragraph (d)(3) would be removed, and 
paragraphs (d)(4) through (6) would be renumbered as (d)(3) through 
(5). A cross reference in new paragraph (d)(3) would be changed because 
of the renumbering in paragraph (b).
Section 391.63 Multiple-Employer Drivers
    In Sec.  391.63, FMCSA proposes to remove paragraph (a)(5) to 
delete a reference to the requirements of Sec.  391.27. Paragraphs 
(a)(3) and (4) would be changed to conform by making punctuation 
changes.

VIII. Guidance Statements

    FMCSA employs guidance statements to explain how the Agency applies 
regulations to specific facts. A guidance statement does not alter the 
meaning of a regulation. This rulemaking proposes to amend regulations 
that have associated guidance statements or interpretations. FMCSA 
would change the existing guidance to conform to the changes proposed 
in this NPRM.
    Guidance statements are not legally binding in their own right and 
will not be relied on by FMCSA as a separate basis for affirmative 
enforcement action or other administrative penalty. Conformity with 
guidance statements is voluntary only, and nonconformity will not 
affect rights and obligations under existing statutes or regulations.
Section 391.23 Investigation and Inquiries
    Question 2 to Sec.  391.23 \8\ would be revised as stated 
immediately below to reflect that inquiries for MVRs must be made to 
all ``driver's licensing authorities'' where the driver holds or has 
held a motor vehicle operator's license or permit, rather than only to 
``States.''
---------------------------------------------------------------------------

    \8\ See https://www.fmcsa.dot.gov/registration/commercial-drivers-license/may-motor-carriers-use-third-parties-ask-state-agencies (accessed Nov. 30, 2020).
---------------------------------------------------------------------------

    Question 2: May motor carriers use third parties to ask driver's 
licensing authorities for copies of the driving record of driver-
applicants?
    Guidance: Yes. Driver information services or companies acting as 
the motor carrier's agent may be used to contact driver's licensing 
authorities. However, the motor carrier is responsible for ensuring the 
information obtained is accurate.

[[Page 80751]]

Section 391.25 Annual Inquiry and Review of Driving Record
    Questions 1 and 3 to Sec.  391.25 \9\ would be revised as stated 
immediately below to reflect that MVRs must be requested from all 
``driver's licensing authorities'' where the driver held a CMV 
operator's license or permit, rather than only ``States.'' Question 3 
also would be revised to improve clarity and correct grammatical 
errors.
---------------------------------------------------------------------------

    \9\ See https://www.fmcsa.dot.gov/registration/commercial-drivers-license/what-extent-must-motor-carrier-review-drivers-overall and https://www.fmcsa.dot.gov/registration/commercial-drivers-license/may-motor-carriers-use-third-parties-ask-state-agencies-0, respectively (accessed Nov. 30, 2020).
---------------------------------------------------------------------------

    Question 1: To what extent must a motor carrier review a driver's 
overall driving record to comply with the requirements of Sec.  391.25?
    Guidance: The motor carrier must consider as much information about 
the driver's experience as is reasonably available. This would include 
all known violations, whether they are part of an official record 
maintained by a driver's licensing authority, as well as any other 
information that would indicate the driver has shown a lack of due 
regard for the safety of the public. Violations of traffic and criminal 
laws, as well as the driver's involvement in motor vehicle accidents, 
are such indications and must be considered. A violation of size and 
weight laws should be considered.
    Question 3: May motor carriers use third parties to ask driver's 
licensing authorities for copies of driving records to be examined 
during the carrier's annual review of each driver's record?
    Guidance: Yes. An examination of the official driving record 
maintained by the driver's licensing authority is not required during 
the annual review. Motor carriers may use third-party agents, such as 
driver information services or companies, to contact driver's licensing 
authorities and obtain copies of driving records. However, the motor 
carrier is responsible for ensuring the information is accurate.
Section 391.27 Record of Violations
    Because FMCSA proposes to rescind Sec.  391.27, the guidance to 
that section also would be rescinded.

IX. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O. 
13563 (Improving Regulation and Regulatory Review), and DOT Regulations

    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, this 
rule does not require an assessment of potential costs and benefits 
under section 6(a)(3) of E.O. 12866. Accordingly, OMB has not reviewed 
it under that Order. In addition, this rule is not significant within 
the meaning of DOT regulations (84 FR 71714, Dec. 27, 2019).
    As described above, the purpose of this proposed regulatory action 
is to remove Sec.  391.27 and the requirement for drivers to provide 
their motor carrier employers a list of convictions for traffic 
violations (other than parking) that occurred during the previous 12 
months or a certification of no violations. The proposed rule would 
retain the requirement in Sec.  391.25 that motor carriers make an 
annual inquiry to obtain a driver's MVR. Because Sec.  391.25 is 
limited to inquiries for drivers licensed by a State, the proposed rule 
would modify Sec.  391.25 to require motor carriers to request a 
driver's MVR from each licensing authority that issued the driver a 
license. To maintain consistency within part 391 with respect to 
requests for MVRs, FMCSA proposes conforming changes to Sec.  391.23, 
which requires motor carriers to request MVRs for the 3 years preceding 
the date of employment when hiring a driver. These changes would 
require motor carriers to request the MVR equivalent from Canadian and 
Mexican driver's licensing authorities. A change also would be made in 
Sec.  391.21 to require each driver to provide on the employment 
application the issuing driver's licensing authority of each unexpired 
CMV operator's license or permit that has been issued to the driver so 
motor carriers could make the required inquiries under Sec.  391.23. 
The proposed changes would not add new reporting or recordkeeping 
costs.
    The proposed elimination of Sec.  391.27 would result in cost 
savings to drivers because they would no longer spend time completing a 
list of convictions for traffic violations. It would also result in 
cost savings to motor carriers because they would no longer have to 
file the lists in driver qualification files. The Agency estimates that 
the proposed rule would result in cost savings to CMV drivers and motor 
carriers of $40.1 million over 10 years on an undiscounted basis, and 
$28.1 million discounted at 7 percent over the 10-year analysis period. 
Expressed on an annualized basis, this equates to cost savings of $4.0 
million at a 7 percent discount rate.
    The proposed changes to Sec. Sec.  391.21, 391.23, and 391.25 would 
not increase reporting or recordkeeping costs. The proposed rule would 
institute new requirements under the FMCSRs for motor carriers to 
request MVRs for their drivers operating in the United States who are 
licensed by a foreign authority rather than by a State. However, the 
current OMB-approved information collection for Sec. Sec.  391.23 and 
391.25 titled ``Driver Qualification Files,'' OMB Control Number 2126-
0004, already includes reporting and recordkeeping costs and burdens 
incurred by motor carriers to request MVRs for such drivers. As 
explained below, applicable motor carriers would not incur an increase 
in costs or burdens as a result of this proposed rule. Nonetheless, 
FMCSA retains these costs and burdens under OMB Control Number 2126-
0004 to treat all motor carriers consistently and for administrative 
convenience. Similarly, the current OMB-approved information collection 
for Sec.  391.21 already includes reporting and recordkeeping costs 
incurred by drivers to prepare and submit employment applications.
    All motor carriers authorized to operate in the United States are 
required to file with FMCSA Form MCS-150 (Motor Carrier Identification 
Report), Form MCS-150B (Motor Carrier Identification Report and 
Hazardous Material Permit Application), or Form MCSA-1. These 
registration forms require motor carriers to report the number of 
drivers they employ and are the source of driver counts in MCMIS, which 
counts the total number of drivers reported by both domestic and 
foreign motor carriers. In turn, FMCSA uses the MCMIS driver population 
data published in FMCSA's annual Pocket Guide to Large Truck and Bus 
Statistics, which includes drivers employed by Canadian and Mexican 
motor carriers, to calculate the burden associated with information 
collections and paperwork. Thus, requests for MVR equivalents for 
drivers holding licenses issued by Canadian or Mexican licensing 
authorities have already been included in the OMB-approved information 
collections for Sec. Sec.  391.23 and 391.25. In addition, the time for 
all drivers to prepare and submit employment applications has already 
been included in the information collection for Sec.  391.21.
    This change under the FMCSRs to require inquiries to Canadian and 
Mexican driver's licensing authorities would have minimal, if any, 
impact, because relatively few drivers operate in the United States who 
are licensed by a foreign authority rather than by a State. Of the 6.2 
million CMV drivers reported in FMCSA's 2018 Pocket Guide to Large

[[Page 80752]]

Truck and Bus Statistics,\10\ the Agency estimates that at most only 
2.0 percent are employed by Canadian motor carriers operating in the 
United States and 0.5 percent are employed by Mexican motor carriers 
operating in the United States. The combined total 2.4 percent 
represents 139,744 drivers reported as being employed by Canadian and 
Mexican motor carriers.\11\
---------------------------------------------------------------------------

    \10\ Available at https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/safety/data-and-statistics/413361/fmcsa-pocket-guide-2018-final-508-compliant.pdf (accessed Apr. 22, 2019).
    \11\ The sum of the number of Canadian and Mexican drivers as a 
percentage of the total number of drivers in Exhibit 1-10 does not 
equal 2.5 percent due to rounding.
---------------------------------------------------------------------------

    Canadian and Mexican motor carriers are already required by their 
applicable safety codes to request the equivalent of MVRs for their 
drivers from their licensing authorities.\12\ Accordingly, FMCSA has 
determined that the proposed changes to Sec. Sec.  391.23 and 391.25 to 
require inquiries to Canadian and Mexican driver's licensing 
authorities for the equivalent of MVRs would not impose any new 
recordkeeping or reporting costs or burdens because Canadian and 
Mexican motor carriers are already making the inquiries. Though 
Canadian and Mexican motor carriers would not be required to change 
their current business practices and would not have any new costs or 
burdens imposed as a result of the proposed rule, FMCSA continues to 
include the costs and burdens for requesting MVR equivalents in the 
current OMB-approved information collections to treat all carriers 
consistently and for administrative convenience.
---------------------------------------------------------------------------

    \12\ Canadian National Safety Code (NSC) Standard 15, Facility 
Audit, establishes the minimum requirements for Provincial and 
Territorial licensing authorities' regulations that specify the 
content of driver abstracts. Standard 15, Appendix A, Section 3 
requires motor carriers to make available for a Facility Audit a 
driver abstract issued within the last 12 months. The abstract must 
include name, date of birth and license number, current license 
class and status (e.g., active or suspended), driver qualifications, 
and 2-year histories of traffic and criminal driving offenses, 
convictions, and accidents. NSC Standard 15 is available at https://ccmta.ca/en/national-safety-code/national-safety-code-nsc#NSC 
(accessed Apr. 17, 2019). Similarly, the ``Reglamento del Servicio 
de Medicina Preventiva en el Transporte'' (Transportation Preventive 
Medicine Service Regulations) in Chapter VI (Of Solitary 
Responsibility of the Concessionaire or Permittee, or Airline 
Operator), Article 39 provides generally that motor carriers are to 
keep updated individual files for their employees that include 
records related to accidents or incidents of federal transport. The 
regulations are available at: http://www.sct.gob.mx/fileadmin/DireccionesGrales/DGPMPT/Documentos/normatividad/Reglamento_DGPMPT_10-05-2013.pdf (accessed June 3, 2019).
---------------------------------------------------------------------------

    The proposed rule would not increase costs to motor carriers 
because of fees paid to Canadian and Mexican driver's licensing 
authorities to request MVR equivalents. The supporting statement (OMB 
Control Number 2126-0004) for the ``Driver Qualification Files'' 
information collection, available in the docket, provides that SDLAs 
assess motor carriers a $10 fee to obtain MVRs consisting of a $9 
median fee charged by 51 SDLAs, plus a $1 third-party processing fee. 
FMCSA has surveyed fees charged by driver's licensing authorities and 
third-party processing companies in Canada. FMCSA has determined that 
the median fee charged for a MVR equivalent in Canada is also $9, when 
adjusted to United States dollars, and that third-party processing fees 
are consistent as well. There is no fee to request MVR equivalents in 
Mexico. However, fees are considered a transfer payment. Thus, the 
requirement that motor carriers obtain MVRs from Canadian and Mexican 
driver's licensing authorities are transfer payments so they are not 
included in the benefit-cost analysis. They are included in the 
Paperwork Reduction Act supporting statement prepared for the proposed 
rule.
    For all the above reasons, FMCSA has determined that the proposed 
changes to Sec. Sec.  391.23 and 391.25 to require inquiries to 
Canadian and Mexican driver's licensing authorities to request MVR 
equivalents would not impose any new reporting or recordkeeping costs.
Scope and Key Inputs to the Analysis
    The baseline for this analysis is the monetized value of motor 
carriers' and drivers' time spent meeting the annual reporting and 
recordkeeping requirements of Sec.  391.27. The estimated cost of this 
information collection has been approved by OMB in an information 
collection request (ICR) titled ``Driver Qualification Files,'' OMB 
Control Number 2126-0004, which expires April 30, 2023. The Agency 
estimated the 3-year average burden associated with Sec.  391.27 at 
0.12 million hours and $3.9 million. The baseline in this analysis 
extends the supporting statement projections an additional 7 years. 
That is, it estimates the costs that drivers and motor carriers would 
incur over the 10-year period 2021 through 2030, in the absence of the 
proposed rule.
Driver Population Projection
    The driver population is based on a 0.595 percent annual growth 
rate applied to the 6.2 million driver population as of December 29, 
2017, reported in FMCSA's 2018 Pocket Guide to Large Truck and Bus 
Statistics.\13\ The growth rate is a weighted average of the annual 
compound growth rates estimated using the United States Department of 
Labor, Bureau of Labor Statistics (BLS) Employment Projections Program 
point projections for the four categories of commercial vehicle drivers 
for 2016 and 2026.
---------------------------------------------------------------------------

    \13\ Available at https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/safety/data-and-statistics/413361/fmcsa-pocket-guide-2018-final-508-compliant.pdf (accessed Apr. 22, 2019).
---------------------------------------------------------------------------

    Table 1 shows the calculation of the growth rate and the 
calculation of the weighted average compound growth rate.

                                         Table 1--Population Growth Rate
----------------------------------------------------------------------------------------------------------------
                                                                                     Compound        Weighted
                                    2016 Total         2016         2026 Total     annual growth      average
     BLS standard occupation        employment      Employment      employment        rate in        compound
                                    (thousands)    percentage of    (thousands)     employment      growth rate
                                                       total                        (2016-2026)      (percent)
                                               A     B = A/3,512               C      D = ((C/A)       E = B x D
                                                                                  [supcaret] (1/
                                                                                          10))-1
----------------------------------------------------------------------------------------------------------------
Heavy and tractor-trailer truck            1,871            53.3           1,980           0.568           0.303
 drivers........................
Light truck or delivery services             953            27.1             953           0.634            0.17
 drivers........................
Bus drivers, school or special               508            14.5             508           0.525            0.08
 client.........................
Bus drivers, transit and                     179             5.1             179           0.864            0.04
 intercity......................
                                 -------------------------------------------------------------------------------

[[Page 80753]]

 
                                           3,512             100           3,620  ..............           0.595
----------------------------------------------------------------------------------------------------------------
Note: The 0.595 percent weighted average growth rate does not equal the sum of the components due to rounding.

    Table 2 shows the extrapolation of the driver population from the 
6.2 million driver population on December 29, 2017, at a 0.595 percent 
average annual growth. The 10-year projection period used in this 
analysis begins in 2021 and ends in 2030. This 10-year population 
projection is the base from which the Agency estimates the number of 
drivers, which in the absence of the proposed rule, would be required 
to provide motor carriers an annual list of violations.

                  Table 2--Driver Population 2021-2030
------------------------------------------------------------------------
                                                             Number of
                          Year                                drivers
------------------------------------------------------------------------
2017....................................................       6,200,000
2018....................................................       6,236,870
2019....................................................       6,273,960
2020....................................................       6,311,270
2021....................................................       6,348,802
2022....................................................       6,386,558
2023....................................................       6,424,538
2024....................................................       6,462,743
2025....................................................       6,501,176
2026....................................................       6,539,838
2027....................................................       6,578,729
2028....................................................       6,617,852
2029....................................................       6,657,207
2030....................................................       6,696,796
------------------------------------------------------------------------

    The number of drivers who would no longer be required to submit an 
annual list of convictions for traffic violations is estimated as the 
difference between the projections of annual driver population and 
annual job openings. The number of job openings is estimated by 
applying a 71.6 percent average annual driver turnover rate to the 
annual driver population shown in Table 2. The turnover rate is derived 
from turnover rates reported for three categories of motor carriers by 
the American Trucking Associations, which are over-the-road carriers 
(OTR) at 98 percent, truckload carriers (TL) at 72 percent, and less-
than-truckload carriers (LTL) at 14 percent. The OTR category is made 
up predominantly of CMV drivers transporting general freight on behalf 
of for-hire motor carriers. The TL category is made up predominantly of 
CMV drivers transporting specialized freight on behalf of for-hire 
motor carriers. The LTL category is made up of CMV drivers transporting 
the property of their motor carrier and drivers engaged in specialized 
operations analogous to LTL operations. The individual turnover rates 
are weighted by the relative shares of the driver population 
distributed among the three categories of motor carriers, which are 52 
percent for OTR drivers, 24 percent for TL drivers, and 24 percent for 
LTL drivers.\14\ As shown in Table 3, the sum of the product of the 
turnover rates and percentage of drivers by category results in a 71.6 
percent weighted average turnover rate.
---------------------------------------------------------------------------

    \14\ American Transportation Research Institute, ATRI Analysis 
of the Operational Cost of Trucking: 2018 Update. Available at 
http://atri-online.org/wp-content/uploads/2018/10/ATRI-Operational-Costs-of-Trucking-2018.pdf (accessed Apr. 22, 2019).

                 Table 3--Weighted Average Turnover Rate
------------------------------------------------------------------------
                                                            Percent of
                                           Turnover rate    drivers in
               Driver type                   (percent)      driver type
                                                             category
------------------------------------------------------------------------
Over-the-Road...........................              98              52
Truckload...............................              72              24
Less-than-Truckload Drivers.............              14              24
                                         -------------------------------
    Weighted Average Turnover Rate......  ..............            71.6
------------------------------------------------------------------------
Note: The weighted average turnover rate is calculated as: (98% x 52%) +
  (72% x 24%) + (14% x 24%) = 71.6%.

    Table 4 shows the annual projections of the number of drivers 
subject to the reporting requirements of Sec.  391.27 who would no 
longer have to submit a list of convictions for traffic violations if 
Sec.  391.27 is rescinded. The projections cover the 10-year period 
ending in 2030. Drivers who have been recently hired are not subject to 
the annual reporting requirements of Sec.  391.27. The hiring process 
includes similar reporting requirements for which the information 
collection burden is accounted for under a different regulation.

[[Page 80754]]



                              Table 4--Driver Population Affected by Proposed Rule
----------------------------------------------------------------------------------------------------------------
                                                                                                      Driver
                                                                      Driver       Number of job    population
                              Year                                  population       openings       subject to
                                                                                                   Sec.   391.27
                                                                  A = From Table   B = A x 71.6%         C = A-B
                                                                               2
----------------------------------------------------------------------------------------------------------------
2021............................................................       6,348,802       4,545,743       1,803,060
2022............................................................       6,386,558       4,572,775       1,813,782
2023............................................................       6,424,538       4,599,969       1,824,569
2024............................................................       6,462,743       4,627,324       1,835,419
2025............................................................       6,501,176       4,654,842       1,846,334
2026............................................................       6,539,838       4,682,524       1,857,314
2027............................................................       6,578,729       4,710,370       1,868,359
2028............................................................       6,617,852       4,738,382       1,879,470
2029............................................................       6,657,207       4,766,560       1,890,647
2030............................................................       6,696,796       4,794,906       1,901,890
----------------------------------------------------------------------------------------------------------------

Wage Rates
    FMCSA evaluated the opportunity cost of time for drivers using a 
rounded representative driver wage rate of $36 per hour. This hourly 
cost represents the value of driver time that, in the absence of the 
proposed rule, he or she would spend completing a list of convictions 
for traffic violations, but would now be available to perform other 
tasks. Table 5 summarizes the estimation of a weighted average hourly 
wage of $36.25 for drivers. The weighted average hourly wage is derived 
from the BLS Occupational Employment Statistics (OES) estimates of the 
median wages of four categories of drivers assigned to BLS Standard 
Occupation Codes (SOC), shown in Table 5. The median hourly wages for 
each driver SOC are increased to account for fringe benefits and motor 
carrier overhead as explained below. The hourly wages are weighted 
based on the population of drivers for each SOC relative to the total 
population as shown by the percentages in Table 5, Column B.
    BLS does not publish data on fringe benefits for specific 
occupations, but it does publish fringe benefit data for the broad 
industry groups in its quarterly Employer Costs for Employee 
Compensation (ECEC) news releases. This analysis uses the ECEC data to 
estimate a fringe benefit rate based on the hourly wage for the 
``transportation and warehousing'' sector average hourly wage ($25.80) 
and average hourly benefits ($14.69) for the ``transportation and 
warehousing'' sector.\15\ The ratio of the two values results in a 56.9 
percent fringe benefit rate (56.9 percent = $14.69 per hour / $25.80 
percent) that is added to the average hourly wage. The hourly wage, 
including fringe benefits, is further increased by 27.4 percent to 
account for motor carriers' overhead.\16\
---------------------------------------------------------------------------

    \15\ U.S. Department of Labor, Bureau of Labor Statistics, Table 
10: Employer costs per hour worked for employee compensation and 
costs as a percent of total compensation: Private industry workers, 
by industry group, June 2018. Available at https://www.bls.gov/news.release/archives/ecec (accessed Apr. 23, 2019).
    \16\ Berwick, Farooq. Truck Costing Model for Transportation 
Managers, North Dakota State University, Upper Great Plains 
Transportation Institute, 2003. Appendix A, pp. 42-47. This estimate 
is based on an average cost of $0.107 per mile of CMV operation for 
management and overhead, and $0.39 per mile for labor. The ratio of 
these values results in an estimated 27.4 percent overhead rate 
(27.4 percent = $0.107 / $0.39). Available at: https://www.ugpti.org/resources/reports/details.php?id=475 (accessed Apr. 
23, 2019).

                                    Table 5--Driver Hourly Wage Including Fringe Benefits and Motor Carrier Overhead
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                              Fringe                         Weighted
   Standard occupation title and code      Total drivers    % of total     Median hourly     Weighted      benefits rate   Overhead rate  average hourly
                                                              drivers        base wage      hourly wage      (percent)       (percent)         cost
                                            A = from BLS    B = A/Sum of    C = from BLS       D = B x C    E = from BLS               F         G = D x
                                                OES Data        Column A        OES Data                       ECEC Data                     (1+0.569) x
                                                                                                                                               (1+0.274)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Heavy and Tractor Trailer Drivers (53-         1,748,140            52.8          $20.42          $10.79            56.9            27.4          $21.57
 3032)..................................
Light truck and delivery Service Drivers         877,670            26.5           15.12            4.01            56.9            27.4            8.02
 (53-3033)..............................
Bus drivers, school and or special               176,140             5.3           19.61            1.04            56.9            27.4            2.09
 client (53-3022).......................
Bus drivers, Transit and Intercity (53-          507,340            15.3           14.93            2.29            56.9            27.4            4.58
 3021)..................................
                                         ---------------------------------------------------------------------------------------------------------------
    Weighted Average Driver Wage........  ..............  ..............  ..............  ..............  ..............  ..............           36.25
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
(a) The number of drivers is the number of respondents by SOC included in the BLS survey. The coverage and scope of the survey is described at https://www.bls.gov/oes/oes_emp.htm#scope (accessed May 12, 2019).

[[Page 80755]]

 
(b) The $36.25 hourly weighted average wage does not equal the sum of the components due to rounding.

    Section 391.27 requires motor carriers to incur labor costs to file 
drivers' lists of convictions for traffic violations in their driver 
qualification files. The burden hours associated with this task are 
monetized using an hourly wage for a file clerk adjusted for fringe 
benefits and motor carrier overhead. The BLS median wage for a file 
clerk is $14.48. The hourly wage is increased for fringe benefits and 
motor carrier overhead, which results in a $28.96 wage, rounded to $29 
($28.96 = $14.48 x (1+56.9%) x (1+27.4%)).
Costs
    The proposed rule would result in cost savings to drivers and motor 
carriers. Drivers' cost savings would be the result of no longer having 
to prepare an annual list of convictions for traffic violations for 
their employers. Motor carriers would realize cost savings from no 
longer having to file the lists in driver qualification files. The 
Agency estimates that drivers and motor carriers would each spend 2 
minutes on their respective tasks.
    Table 6 shows the estimated driver cost savings resulting from the 
removal of Sec.  391.27. Over the 10-year projection period, driver 
cost savings are estimated at $22.2 million. At a 7 percent discount 
rate, driver cost savings are estimated at $15.6 million and annualized 
cost savings are estimated at $2.2 million.

                                          Table 6--Driver Cost Savings
----------------------------------------------------------------------------------------------------------------
                                                      Driver
                                                    population     Driver burden   Driver costs   Driver cost at
                                                     providing         hours          (2017$        7% discount
                                                     lists of        (million)       million)         rate ($
                                                    violations                                       million)
                                                               A      B = A x (2     C = B x $36               D
                                                                     Minutes/60)
----------------------------------------------------------------------------------------------------------------
2021............................................       1,803,060           0.060          ($2.2)          ($2.0)
2022............................................       1,813,782           0.060           (2.2)           (1.9)
2023............................................       1,824,569           0.061           (2.2)           (1.8)
2024............................................       1,835,419           0.061           (2.2)           (1.7)
2025............................................       1,846,334           0.062           (2.2)           (1.6)
2026............................................       1,857,314           0.062           (2.2)           (1.5)
2027............................................       1,868,359           0.062           (2.2)           (1.4)
2028............................................       1,879,470           0.063           (2.3)           (1.3)
2029............................................       1,890,647           0.063           (2.3)           (1.2)
2030............................................       1,901,890           0.063           (2.3)           (1.2)
                                                 ---------------------------------------------------------------
    Total.......................................  ..............            0.62          (22.2)          (15.6)
----------------------------------------------------------------------------------------------------------------
Annualized......................................  ..............  ..............  ..............           (2.2)
----------------------------------------------------------------------------------------------------------------
Notes:
(a) Total cost values may not equal the sum of the components due to rounding (the totals shown in this column
  are the rounded sum of unrounded components).
(b) Values shown in parentheses are negative values (i.e., less than zero), and represent a decrease in cost or
  a cost savings.

    Table 7 summarizes motor carrier projected cost savings. Over the 
10-year projection period, motor carrier cost savings are estimated at 
$17.9 million. At a 7 percent discount rate, motor carrier cost savings 
are estimated at $12.5 million and annualized cost savings at $1.8 
million.

                                       Table 7--Motor Carrier Cost Savings
----------------------------------------------------------------------------------------------------------------
                                                     Number of                                     Motor carrier
                                                     lists of      Motor carrier   Motor carrier    cost at 7%
                                                   violations to   burden hours    costs (2017$    discount rate
                                                       file          (million)       million)       ($ million)
                                                               A      B = A x (2     C = B x $29               D
                                                                     Minutes/60)
----------------------------------------------------------------------------------------------------------------
2021............................................       1,803,060           0.060          ($1.7)          ($1.6)
2022............................................       1,813,782           0.060           (1.8)           (1.5)
2023............................................       1,824,569           0.061           (1.8)           (1.4)
2024............................................       1,835,419           0.061           (1.8)           (1.4)
2025............................................       1,846,334           0.062           (1.8)           (1.3)
2026............................................       1,857,314           0.062           (1.8)           (1.2)
2027............................................       1,868,359           0.062           (1.8)           (1.1)
2028............................................       1,879,470           0.063           (1.8)           (1.1)
2029............................................       1,890,647           0.063           (1.8)           (1.0)
2030............................................       1,901,890           0.063           (1.8)           (0.9)
                                                 ---------------------------------------------------------------
    Total.......................................  ..............            0.62          (17.9)          (12.5)
----------------------------------------------------------------------------------------------------------------

[[Page 80756]]

 
Annualized......................................  ..............  ..............  ..............           (1.8)
----------------------------------------------------------------------------------------------------------------
Notes:
(a) Total cost values may not equal the sum of the components due to rounding (the totals shown in this column
  are the rounded sum of unrounded components).
(b) Values shown in parentheses are negative values (i.e., less than zero), and represent a decrease in cost or
  a cost savings.

    The estimated cost savings resulting from the proposal to rescind 
Sec.  391.27 total $40.1 million over the 10-year projection period. At 
a 7 percent discount rate, the estimated total cost savings are $28.1 
million and the annualized cost savings are $4.0 million.
Benefits
    This proposed rule would allow drivers and motor carriers to more 
efficiently allocate their time. As discussed above, eliminating the 
requirement for drivers to provide a list of their convictions for 
traffic violations on an annual basis would reduce the paperwork burden 
and result in cost savings for drivers and motor carriers. FMCSA does 
not expect this proposed rule to affect safety negatively. Motor 
carriers would still be made aware of their employees' convictions for 
driving violations via the annual MVR check required in Sec.  391.25.

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

    This proposed rule is expected to have total costs less than zero, 
and, if finalized, would qualify as an E.O. 13771 deregulatory action. 
The present value of the cost savings of this proposed rule, measured 
on an infinite time horizon at a 7 percent discount rate, expressed in 
2016 dollars, and discounted to 2021 (the year the proposed rule, if 
finalized, would be expected to go into effect and cost savings would 
first be realized), would be $57.8 million. On an annualized basis, 
these cost savings would be $4.0 million.
    For E.O. 13771 accounting, the April 5, 2017, OMB guidance \17\ 
requires that agencies also calculate the costs and cost savings 
discounted to year 2016. In accordance with this requirement, the 
present value of the cost savings of this rule, measured on an infinite 
time horizon at a 7 percent discount rate, expressed in 2016 dollars, 
and discounted to 2016, would be $41.2 million. On an annualized basis, 
the cost savings would be $2.9 million.
---------------------------------------------------------------------------

    \17\ Available at https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2017/M-17-21-OMB.pdf (accessed 
June 26, 2019).
---------------------------------------------------------------------------

C. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
OIRA designated this rule as not a ``major rule,'' as defined by 5 
U.S.C. 804(2).\18\
---------------------------------------------------------------------------

    \18\ 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

    The Regulatory Flexibility Act (RFA) (Pub. L. 96-354, 94 Stat. 
1164, September 19, 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, Mar. 29, 1996), requires Federal agencies to 
consider the impact of their regulatory proposals on small entities, 
analyze effective alternatives that minimize small entity impacts, and 
make their analyses available for public comment. The term ``small 
entities'' means 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 under 50,000 (5 
U.S.C. 601). Accordingly, DOT policy requires an analysis of the impact 
of all regulations on small entities, and mandates that agencies strive 
to lessen any adverse effects on these entities. FMCSA is therefore 
publishing this initial regulatory flexibility analysis to aid the 
public in commenting on the potential small business impacts of the 
proposals in this NPRM. FMCSA invites all interested parties to submit 
data and information regarding the potential economic impact that would 
result from adoption of the proposals in this NPRM. FMCSA will consider 
all comments received in the public comment process when deciding on 
the final regulatory flexibility assessment.
    An initial regulatory flexibility analysis must include six 
components (5 U.S.C. 603(b) and (c)). The Agency discusses each of the 
components below.
    1. A description of the reasons why the action by the agency is 
being considered.
    The Agency is proposing to rescind Sec.  391.27 because the annual 
list of convictions for traffic violations that drivers are required to 
provide motor carriers is largely duplicative of information reported 
on drivers' MVRs that motor carriers are required to obtain from SDLAs 
on an annual basis pursuant to Sec.  391.25. The Agency finds that the 
information reported on MVRs that motor carriers obtain from driver's 
licensing authorities is sufficient, without drivers having to provide 
an annual list of violations. Thus, the proposed rule relieves drivers 
and motor carriers of the reporting and recordkeeping costs incurred to 
comply with Sec.  391.27, without compromising safety.
    Section 391.25 currently applies to all motor carriers, domestic 
and foreign, but is limited to inquiries for drivers licensed by a 
State. To ensure motor carriers are aware of convictions for traffic 
violations for a driver who is licensed by a foreign authority rather 
than by a State, FMCSA proposes to amend Sec.  391.25(a) to require 
that motor carriers make an annual inquiry to each driver's licensing 
authority where a driver holds or has held a CMV operator's license or 
permit. For example, any motor carrier that employs

[[Page 80757]]

a driver who holds a Canadian or Mexican license to operate a CMV and 
is authorized to operate in the United States would be required to 
request the equivalent of an MVR from the applicable Canadian or 
Mexican licensing authority where the driver is licensed. The proposed 
rule would make conforming changes to Sec. Sec.  391.21 and 391.23 with 
respect to the hiring-related inquiries for MVRs motor carriers are 
required to perform.
    2. A succinct statement of the objectives of, and legal basis for, 
the proposed rule.
    The objective of this rulemaking is to reduce redundant regulatory 
requirements where applicable.
    The statutory authority for Sec. Sec.  391.21, 391.23, 391.25, and 
391.27 in title 49 of the CFR derives from the Motor Carrier Act of 
1935 and the Motor Carrier Safety Act of 1984, both as amended. In 
addition, the Secretary has discretionary authority under 49 U.S.C. 
31133(a)(8) to prescribe (and thus to remove) recordkeeping and 
reporting requirements. This deregulatory action, to eliminate Sec.  
391.27, rests on that authority. This statutory authority is delegated 
to FMCSA by Sec.  1.87. A full explanation of the legal basis for this 
rulemaking is set forth in Section III.
    3. A description, and, where feasible, an estimate of the number of 
small entities to which the proposed rule will apply.
    ``Small entity'' is defined in 5 U.S.C. 601(6) as having the same 
meaning as the terms ``small business'' in paragraph (3), ``small 
organization'' in paragraph (4), and ``small governmental 
jurisdiction'' in paragraph (5). Section 601(3) defines a small 
business as a ``small business concern'' under section 3 of the Small 
Business Act (15 U.S.C. 632(a)), which means a business that is 
independently owned and operated and is not dominant in its field of 
operation. Section 601(4) defines small organizations as not-for-profit 
enterprises that are independently owned and operated, and are not 
dominant in their fields of operation. Additionally, section 601(5) 
defines small governmental jurisdictions as governments of cities, 
counties, towns, townships, villages, school districts, or special 
districts with populations of less than 50,000.
    This proposed rule would affect interstate CMV drivers and 
interstate motor carriers. CMV drivers, however, do not meet the 
definition of a small entity in section 601 of the RFA. Specifically, 
CMV drivers are considered neither a small business under section 
601(3) of the RFA, nor a small organization under section 601(4) of the 
RFA.\19\
---------------------------------------------------------------------------

    \19\ Though individual CMV drivers are not small entities for 
purposes of the RFA, individual CMV drivers who are owner-operators 
are considered small businesses for purposes of the RFA. In 
addition, driver and motor carrier cost savings are estimated on a 
per driver basis using an estimate of the total driver population 
that includes owner-operators.
---------------------------------------------------------------------------

    FMCSA used data from the 2012 Economic Census to determine the 
percentage of motor carriers with annual revenue at or below the Small 
Business Administration's (SBA) thresholds.\20\ The SBA thresholds are 
used to classify a business as a small business for purposes of 
determining eligibility to participate in SBA and Federal contracting 
programs.\21\ The Economic Census sums the number of firms classified 
according to their North American Industry Classification System 
(NAICS) code by ranges of annual revenue. The ranges with the high end 
closest to the SBA thresholds was used to determine the percentage of 
trucking firms and passenger carriers that meet the definition of an 
SBA small business. FMCSA used the Economic Census as the basis for 
estimating the number of small entities affected by the proposed rule. 
As discussed below, the Agency estimates that 98.7 percent of trucking 
firms and 95.2 percent of passenger carriers are classified as small 
businesses.
---------------------------------------------------------------------------

    \20\ U.S. Census Bureau, 2012 Economic Survey, Table 
EC1248SSSZ4-Summary Statistics by Revenue and Size of Firm. 
Available at https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2012_US_48SSSZ4&prodType=table 
(accessed Apr. 24, 2019).
    \21\ The SBA regulation defining small business size standards 
by North American Industry Classification System codes is set forth 
in 13 CFR 121.201.
---------------------------------------------------------------------------

    The Economic Census and the SBA aggregate revenue data for the 
Truck Transportation industry under the NAICS Code 484. The SBA 
threshold for NAICS Code 484 is $30 million. For purposes of 
determining the percentage of trucking firms with annual revenue less 
than or equal to $30 million, the Agency considered the annual revenue 
for all truck transportation firms reported in the Economic Survey 
under NAICS Code 484. The Economic Survey revenue range closest to the 
SBA $30.0 million threshold includes all truck transportation firms 
with annual revenue ranging from $10.0 million to $24.9 million. The 
total number of truck transportation firms within the 8 ranges of 
annual revenue less than or equal to $30.0 million accounts for 98.7 
percent of survey respondents. The Agency finds that this 98.7 percent 
is a reasonable proxy for the number of trucking firms with annual 
revenue equal to or less than the $30.0 million SBA threshold.
    The Agency used the same methodology to determine the percentage of 
passenger carriers that qualify as an SBA small business. The SBA 
threshold for Transit and Ground Transportation firms (NAICS Code 485) 
is $16.5 million. For purposes of determining the percentage of 
passenger carriers with annual revenue less than or equal to $16.5 
million, the Agency considered the number of passenger carriers in 
three NAICS Code subsectors: Charter Bus; Interurban Transportation and 
Rural Transportation; and School and Employee Transportation 
subsectors.\22\ The Economic Census revenue range closest to the SBA 
$16.5 million threshold includes passenger carriers with revenue 
ranging from $5 million to $9.9 million. Passenger carriers with 
revenue less than or equal to $9.9 million account for 95.2 percent of 
survey respondents within the three subsectors. Thus, the Agency finds 
that 95.2 percent of passenger carriers with revenue less than or equal 
to $9.9 million is approximately the same percentage of those with 
annual revenue less than the $16.5 million SBA threshold.
---------------------------------------------------------------------------

    \22\ Commuter rail, public transit systems, taxi, limousine, and 
special needs transportation that are included in Subsector 485 are 
excluded from the analysis.
---------------------------------------------------------------------------

    4. A description of the projected reporting, recordkeeping, and 
other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities that will be subject to the 
requirement and the types of professional skills necessary for 
preparation of the report or record.
    By rescinding Sec.  391.27, the proposed rule would eliminate 
reporting and recordkeeping costs incurred by drivers and motor 
carriers. For a discussion of the paperwork burden associated with the 
proposed rule, see Section IX.F., below. CMV drivers would no longer be 
required to provide their employer an annual list of convictions for 
traffic violations. All motor carriers would be relieved from the 
recordkeeping cost of filing the lists in driver qualification files.
    5. An identification, to the extent practicable, of all relevant 
Federal rules that may duplicate, overlap, or conflict with the 
proposed rule.
    The Agency proposes to rescind Sec.  391.27 because it duplicates 
information regarding drivers' convictions for traffic violations that 
is reported on MVRs that motor carriers are required to request from 
SDLAs annually pursuant to Sec.  391.25. Section

[[Page 80758]]

391.25, as revised, would require motor carriers to request MVRs 
annually from every licensing authority where a driver holds or has 
held a CMV operator's license or permit in the past year. In addition, 
a conforming change would be made to Sec.  391.23(a) to require motor 
carriers to request MVRs from all driver's licensing authorities when 
hiring new drivers.
    6. A description of any significant alternatives to the proposed 
rule which accomplish the stated objectives of applicable statutes and 
which minimize any significant economic impact of the proposed rule on 
small entities.
    There is no significant economic impact on small entities because 
of the proposed rule. FMCSA did not identify any significant 
alternatives to the proposed rule that would result in equivalent cost 
savings to small entities, as compared to those resulting from the 
elimination of Sec.  391.27.

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 proposed rule so that they can better evaluate 
its effects on themselves and participate in the rulemaking initiative. 
If the proposed rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult the person listed 
under FOR FURTHER INFORMATION CONTACT.
    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the SBA'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. In particular, 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 $168 million (which is the 
value equivalent of $100,000,000 in 1995, adjusted for inflation to 
2019 levels) or more in any 1 year. Though this proposed rule would not 
result in such an expenditure, the Agency does discuss the effects of 
this rule elsewhere in this preamble.

G. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) requires 
that an agency consider the impact of paperwork and other information 
collection burdens imposed on the public. Section 1320.8(b)(3)(vi) of 
Title 5 of the CFR prohibits an agency from collecting or sponsoring an 
information collection, as well as imposing an information collection 
requirement, unless the collection vehicle displays a valid OMB control 
number. This proposed rule would amend the existing information 
collection titled ``Driver Qualification Files,'' OMB Control Number 
2126-0004, which expires April 20, 2023. In accordance with 44 U.S.C. 
3507(d), FMCSA will submit the proposed information collection 
amendments to OMB for its approval.
    This proposed rule would eliminate the information collections 
required by Sec.  391.27. Under Sec.  391.27, a driver operating a CMV 
must complete a list of convictions for traffic violations and submit 
the list to his or her employer on an annual basis. When a driver does 
not have any violations to report, the driver is required to furnish a 
certification to that effect. The motor carrier must file the list of 
violations or certification of no violations in the driver's 
qualification file. These requirements are largely duplicative of the 
requirements in Sec.  391.25 that motor carriers make an annual inquiry 
to SDLAs to request a driver's MVR and file the MVR in the driver's 
qualification file.
    Because Sec.  391.25 is currently limited to inquiries for drivers 
licensed by a State, the proposed rule would modify Sec.  391.25 to 
require motor carriers to request a driver's MVR from each licensing 
authority that issued the driver a license. This change would require 
motor carriers to request the MVR equivalent from Canadian and Mexican 
driver's licensing authorities. To maintain consistency within part 391 
with respect to requests for MVRs, FMCSA proposes to make conforming 
changes to Sec.  391.23, which requires motor carriers to request MVRs 
from SDLAs for the 3 years preceding the date of employment when hiring 
a driver. A change also would be made in Sec.  391.21 to require each 
driver to provide on the employment application the issuing driver's 
licensing authority, instead of State, of each unexpired CMV operator's 
license or permit that has been issued to the driver so motor carriers 
could make the required inquiries under Sec.  391.23.
    The proposed changes to Sec. Sec.  391.21, 391.23, and 391.25 would 
not increase paperwork burdens. This is because MCMIS, the repository 
for the Agency's driver population data, counts the total number of 
drivers reported by motor carriers, both foreign and domestic, and for 
purposes of information collection burden calculation, the median fee 
for obtaining an MVR or its equivalent from either a foreign or a 
domestic authority are the same.\23\ FMCSA uses the MCMIS driver 
population data, which currently includes drivers employed by Canadian 
and Mexican motor carriers, to calculate the burden associated with 
information collections and paperwork. Therefore, though the proposed 
rule would institute new requirements for motor carriers to request 
MVRs for their drivers operating in the United States who are licensed 
by a foreign authority rather than by a State, the current OMB-approved 
information collections for Sec. Sec.  391.23 and 391.25 in the 
``Driver Qualification Files'' ICR already include reporting and 
recordkeeping costs incurred by motor carriers to request MVRs for such 
drivers. Similarly, the current OMB-approved information collection for 
Sec.  391.21 already includes reporting and recordkeeping costs 
incurred by drivers to prepare and submit employment applications.
---------------------------------------------------------------------------

    \23\ Though Mexican motor carriers do not pay a fee to obtain 
MVR equivalents, FMCSA continues to include the cost for consistency 
and administrative convenience.
---------------------------------------------------------------------------

    The proposed changes to Sec. Sec.  391.23 and 391.25 also would not 
increase costs to motor carriers because of fees paid to Canadian and 
Mexican driver's licensing authorities to obtain the equivalent of 
MVRs. As set forth in section 13 of the supporting statement, FMCSA has 
surveyed fees charged by driver's licensing authorities and third-party 
processing companies in Canada and has determined that they are 
consistent with those to obtain MVRs from States. However, there is no 
fee to obtain MVR equivalents in Mexico.
    The proposed elimination of Sec.  391.27 would delete IC-2.1 
(driver submits list of violations to motor carrier) and IC-2.2 (motor 
carrier files list of violations in driver qualification file). The 
supporting statement shows the burden associated with IC-2.1 is 0.6 
million hours and $2.16 million. The burden associated with IC-2.2 is 
0.6 million

[[Page 80759]]

hours and $1.74 million. Thus, the elimination of Sec.  391.27 would 
result in a paperwork burden reduction of 0.12 million hours and $3.9 
million for drivers and motor carriers.
    The draft supporting statement for the ICR prepared for this 
rulemaking is compared to the approved supporting statement for the 
ICR. The draft supporting statement accounts for the incremental 
reduction in burden hours and costs realized from rescinding Sec.  
391.27 and updates the driver population. The draft supporting 
statement burden hours and costs cover the 3-year period ending in 
2023, whereas the approved supporting statement covers the 3-year 
period ending in 2022. Response times for each information collection 
and hourly wage rate used to monetize burden hours have not been 
changed. The Agency has decreased its estimate of the total information 
collection burden from 12.26 million hours at a cost of $350.45 
million, to 12.22 million hours at a cost of $348.61 million. The net 
reporting and recordkeeping cost savings in the draft supporting 
statement prepared for this proposed rule are estimated at $1.84 
million ($350.45 million-$348.61 million). The estimated $3.9 million 
cost savings from rescinding Sec.  391.27 are partially offset by a 
$2.06 million increase in labor costs for other components of the ICR, 
adjusted for population growth. Thus, the estimated net reduction in 
reporting and recordkeeping costs is $1.84 million ($3.90 million-$2.06 
million).
    Title: Driver Qualification Files.
    OMB Control Number: 2126-0004.
    Type of Review: Revision of a currently-approved information 
collection.
    Summary: The proposed rule would eliminate Sec.  391.27 and the 
requirements that a driver operating a CMV complete a list of 
convictions for traffic violations or a certification of no traffic 
violations, and submit the list or certification to his or her employer 
on an annual basis. The motor carrier must file the lists and 
certifications in the driver's qualification file. The proposed 
elimination of Sec.  391.27 would delete current IC-2.1 (driver submits 
list of violations to motor carrier) and IC-2.2 (motor carrier files 
list of violations in driver qualification file). In the summary 
statistics below, motor carriers are included in the estimated number 
of respondents.
    Estimated Number of Respondents: 6.93 million (6.39 million drivers 
+ 0.54 million motor carriers).
    Estimated responses: 98.37 million.
    Frequency: Responses may be random, annual, or when hiring a 
driver.
    Estimated burden hours: 12.22 million.
    Estimated cost: $348.61 million.
    FMCSA asks for comment on the information collection requirements 
of this proposed rule, as well as the total paperwork burden for the 
ICR. The Agency's analysis of these comments will be used in devising 
the Agency's estimate of the information collection burden of the final 
rule. The draft rulemaking and approved supporting statements for this 
ICR are available in the docket for comment and review.
    Specifically, the Agency asks for comment on: (1) Whether the 
proposed information collection is necessary for FMCSA to perform its 
functions; (2) how the Agency can improve the quality, usefulness, and 
clarity of the information to be collected; (3) the accuracy of FMCSA's 
estimate of the burden of this information collection; and (4) how the 
Agency can minimize the burden of the information collection.
    If you have comments on the collection of information, you must 
send those comments as described under Section I.E. of the 
SUPPLEMENTARY INFORMATION section at the beginning of this document.

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 proposal 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. Privacy

    Section 522 of title I of division H of the Consolidated 
Appropriations Act, 2005 (Pub. L. 108-447, 118 Stat. 2809, 3268 (Dec. 
8, 2004), note following 5 U.S.C. 552a), requires the Agency to conduct 
a privacy impact assessment of a regulation that will affect the 
privacy of individuals. The assessment considers impacts of the rule on 
the privacy of information in an identifiable form and related matters. 
The FMCSA Privacy Officer has evaluated the risks and effects the 
rulemaking might have on collecting, storing, and sharing personally 
identifiable information and has evaluated protections and alternative 
information handling processes in developing the rule to mitigate 
potential privacy risks. FMCSA determined that this proposed rule does 
not create privacy risks to individuals.
    In addition, the Agency submitted a Privacy Threshold Assessment 
analyzing the rulemaking to the DOT, Office of the Secretary's Privacy 
Office. The DOT Privacy Office also has determined that this rulemaking 
does not create privacy risk.
    The E-Government Act of 2002, Public Law 107-347, sec. 208, 116 
Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct 
a privacy impact assessment for new or substantially changed technology 
that collects, maintains, or disseminates information in an 
identifiable form. No new or substantially changed technology would 
collect, maintain, or disseminate information because of this proposed 
rule.

J. E.O. 13175 (Indian Tribal Governments)

    This proposed 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.

K. National Environmental Policy Act of 1969

    FMCSA analyzed this proposed rule consistent with 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, Mar. 1, 2004), 
Appendix 2, paragraph 6.s.(2). The Categorical Exclusion (CE) in 
paragraph 6.s.(2) covers a requirement for drivers to notify their 
current employer and State of domicile of certain convictions. The 
proposed deregulatory action in this rulemaking is covered by this CE, 
there are no extraordinary circumstances present, and the proposed rule 
would not have any effect on the quality of the environment.

[[Page 80760]]

List of Subjects

49 CFR Part 385

    Administrative practice and procedure, Highway safety, Mexico, 
Motor carriers, Motor vehicle safety, Reporting and recordkeeping 
requirements.

49 CFR Part 391

    Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor 
carriers, Reporting and recordkeeping requirements, Safety, and 
Transportation.

    Accordingly, FMCSA proposes to amend 49 CFR chapter III to read as 
follows:

PART 385--SAFETY FITNESS PROCEDURES

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1. The authority citation for Part 385 is revised to read as follows:

    Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113, 
13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec. 
350, Pub. L. 107-87, 115 Stat. 833, 864; and 49 CFR 1.87.

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2. Amend Appendix B to Part 385, section VII, by removing the entry for 
``Sec.  391.51(b)(7)'' and adding an entry for ``Sec.  391.51(b)(6)'' 
to read as follows:

Appendix B to Part 385--Explanation of Safety Rating Process

* * * * *

VII. List of Acute and Critical Regulations.

* * * * *


Sec.  391.51(b)(6)  Failing to maintain medical examiner's certificate 
in driver's qualification file (critical).

* * * * *

PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE 
(LCV) DRIVER INSTRUCTORS

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3. The authority citation for part 391 continues to read as follows:

    Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 31502; sec. 
4007(b), Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114, Pub. L. 
103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159, 113 Stat. 
1748, 1767; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; secs. 
5403 and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1560; sec. 2, 
Pub. L. 115-105, 131 Stat. 2263; and 49 CFR 1.87.


Sec.  391.11  General qualifications of drivers [Amended]

0
4. Amend Sec.  391.11 by removing paragraph (b)(6) and redesignating 
paragraphs (b)(7) and (8) as paragraphs (b)(6) and (7), respectively.
0
5. Amend Sec.  391.21 by revising paragraph (b)(5) to read as follows:


Sec.  391.21  Application for employment.

* * * * *
    (b) * * *
    (5) The issuing driver's licensing authority, number, and 
expiration date of each unexpired commercial motor vehicle operator's 
license or permit that has been issued to the applicant;
* * * * *
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6. Amend Sec.  391.23 by revising paragraphs (a)(1) and (b) to read as 
follows:


Sec.  391.23  Investigation and inquiries.

    (a) * * *
    (1) An inquiry, within 30 days of the date the driver's employment 
begins, to each driver's licensing authority where the driver held or 
holds a motor vehicle operator's license or permit during the preceding 
3 years to obtain that driver's motor vehicle record.
* * * * *
    (b) A copy of the motor vehicle record(s) obtained in response to 
the inquiry or inquiries to each driver's licensing authority required 
by paragraph (a)(1) of this section must be placed in the driver 
qualification file within 30 days of the date the driver's employment 
begins and be retained in compliance with Sec.  391.51. If no motor 
vehicle record is received from a driver's licensing authority required 
to submit this response, the motor carrier must document a good faith 
effort to obtain such information. The inquiry to a driver's licensing 
authority must be made in the form and manner each authority 
prescribes.
* * * * *
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7. Revise Sec.  391.25(a) to read as follows:


Sec.  391.25  Annual inquiry and review of driving record.

    (a) Except as provided in subpart G of this part, each motor 
carrier shall, at least once every 12 months, make an inquiry to obtain 
the motor vehicle record of each driver it employs, covering at least 
the preceding 12 months, to each driver's licensing authority where the 
driver held a commercial motor vehicle operator's license or permit 
during the time period.
* * * * *


Sec.  391.27  [Removed and Reserved]

0
8. Remove and reserve Sec.  391.27.
0
9. Amend Sec.  391.51 as follows:
0
a. Revise paragraphs (b)(2) and (4);
0
b. Remove paragraph (b)(6) and redesignate paragraphs (b)(7) through 
(9) as paragraphs (b)(6) through (8), respectively;
0
c. Revise paragraph (d)(1);
0
d. Remove paragraph (d)(3) and redesignate paragraphs (d)(4) through 
(6) as paragraphs (d)(3) through (5), respectively; and
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e. Revise newly redesignated paragraph (d)(3).
    The revisions to read as follows:


Sec.  391.51  General requirements for driver qualification files.

* * * * *
    (b) * * *
    (2) A copy of the motor vehicle record received from each driver's 
licensing authority pursuant to Sec.  391.23(a)(1);
* * * * *
    (4) The motor vehicle record received from each driver's licensing 
authority to the annual driver record inquiry required by Sec.  
391.25(a);
* * * * *
    (d) * * *
    (1) The motor vehicle record received from each driver's licensing 
authority to the annual driver record inquiry required by Sec.  
391.25(a);
* * * * *
    (3) The medical examiner's certificate required by Sec.  391.43(g), 
a legible copy of the certificate, or, for CDL drivers, any CDLIS MVR 
obtained as required by Sec.  391.51(b)(6)(ii);
* * * * *
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10. Amend Sec.  391.63 by revising paragraphs (a)(3) and (4) and 
removing paragraph (a)(5) to read as follows:


Sec.  391.63  Multiple-employer drivers.

    (a) * * *
    (3) Perform the annual driving record inquiry required by Sec.  
391.25(a); or
    (4) Perform the annual review of the person's driving record 
required by Sec.  391.25(b).
* * * * *

    Issued under authority delegated in 49 CFR 1.87.
James W. Deck,
Deputy Administrator.
[FR Doc. 2020-26957 Filed 12-11-20; 8:45 am]
BILLING CODE 4910-EX-P


