[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Rules and Regulations]
[Pages 35335-35339]
From the Federal Register Online via the Government Publishing Office [http://www.gpo.gov/]
[FR Doc No: 2019-15611]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383 and 384

[Docket No. FMCSA-2018-0361]
RIN 2126-AC20


Lifetime Disqualification for Human Trafficking

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

ACTION: Final rule.

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SUMMARY: This final rule revises the list of offenses permanently 
disqualifying individuals from operating a commercial motor vehicle 
(CMV) for which a commercial drivers' license or a commercial learner's 
permit is required. This final rule reflects a change made by Congress 
in the ``No Human Trafficking on Our Roads Act'' (the Act) which 
prohibits an individual from operating a CMV for life if that 
individual uses a CMV in committing a felony involving a severe form of 
human trafficking, adding to the list of other disqualifying offenses 
identified in statute. A list of these disqualifying offenses already 
exists in the FMCSRs; this final rule is necessary to update that list 
to include the new disqualifying offense established by the Act. This 
final rule also sets a deadline for States to come into substantial 
compliance with this requirement.

DATES: This final rule is effective September 23, 2019.
    Petitions for Reconsideration of this final rule must be submitted 
to the FMCSA Administrator no later than August 22, 2019.

FOR FURTHER INFORMATION CONTACT: Kathryn Sinniger, Office of the Chief 
Counsel, Regulatory and Legislative Affairs, Federal Motor Carrier 
Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-
0001 or by telephone at 202-366-0908. If you have questions on viewing 
or submitting material to the docket, contact Docket Services, 
telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: This Final Rule is organized as follows:

I. Availability of Rulemaking Documents
II. Executive Summary
III. Legal Basis
IV. Discussion of Final Rule
V. International Impacts
VI. Section-by-Section
VII. Regulatory Analyses
    A. E.O. 12866 (Regulatory Planning and Review and DOT Regulatory 
Policies and Procedures as Supplemented by E.O. 13563)
    B. Regulatory Flexibility Act (Small Entities)
    C. Assistance for Small Entities
    D. Unfunded Mandates Reform Act of 1995
    E. Paperwork Reduction Act (Collection of Information)
    F. E.O. 13132 (Federalism)
    G. E.O. 12988 (Civil Justice Reform)
    H. E.O. 13045 (Protection of Children)
    I. E.O. 12630 (Taking of Private Property)
    J. Privacy
    K. E.O. 12372 (Intergovernmental Review)
    L. E.O. 13211 (Energy Supply, Distribution, or Use)
    M. E.O. 13175 (Indian Tribal Governments)
    N. National Technology Transfer and Advancement Act (Technical 
Standards)
    O. Environment

I. Availability of Rulemaking Documents

    For access to docket FMCSA-2018-0361 to read background documents, 
go to http://www.regulations.gov/ at any time, or to Docket Services at 
U.S. Department of Transportation, Room W12-140, 1200 New Jersey Avenue 
SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.

II. Executive Summary

    This final rule revises the list of offenses permanently 
disqualifying individuals required to have a commercial drivers' 
license (CDL) or a commercial learner's permit (CLP). This final rule 
reflects a change made by Congress in the ``No Human Trafficking on Our 
Roads Act'' (Pub. L. 115-106, 131 Stat. 2265, Jan. 8, 2018) (the Act). 
The Act prohibits an individual from operating a commercial motor 
vehicle (CMV), as defined in 49 U.S.C. 31301(4), for life, not eligible 
for reinstatement, if that individual uses a CMV in committing a felony 
involving a severe form of human trafficking, adding to the list of 
disqualifying offenses found in 49 U.S.C. 31310. A list of those 
existing disqualifying offenses already exists in 49 CFR 383.51; this 
final rule is necessary to update that list to include the new lifetime 
disqualifying offense established by the Act.
    This final rule also sets a deadline for States to come into 
substantial compliance, as required by 49 U.S.C. 31311(a)(15).

[[Page 35336]]

III. Legal Basis for the Rulemaking

    This final rule is based on the authority of the Commercial Motor 
Vehicle Safety Act of 1986, as amended (CMVSA) (Pub. L. 99-570, Title 
XII, 100 Stat. 3207-170, 49 U.S.C. chapter 313). The CMVSA, implemented 
in 49 CFR parts 383 and 384, established the commercial driver's 
license (CDL) and commercial learner's permit (CLP) programs. As part 
of the standards governing the operation of CMVs for which a CDL or CLP 
is required, section 31310 sets forth the offenses for which the 
Secretary of Transportation (the Secretary) must disqualify an 
individual from operating a CMV. In accordance with 49 CFR 1.87, the 
FMCSA Administrator is delegated authority to carry out the motor 
carrier functions vested in the Secretary. Section 31311(a)(15) 
requires the State, in order to avoid having amounts withheld from 
apportionment under section 31314, to disqualify the individual from 
operating a CMV for the same reasons and time periods set forth in 
section 31310, subsections (b-e), (i)(1)(A), and (i)(2).
    The specific authority for this final rule derives from the ``No 
Human Trafficking on Our Roads Act'' (the Act) (Pub. L. 115-106, 131 
Stat. 2265, Jan. 8, 2018), which amended 49 U.S.C. 31310(d) by adding 
the use of a CMV in committing a felony involving a severe form of 
human trafficking as a basis for an individual to be disqualified from 
operating a CMV for life without the possibility of reinstatement. 
Today's rule adds this offense to the other bases for disqualification 
already set forth in 49 CFR 383.51.
    The Administrative Procedure Act (APA) provides that notice and 
public comment procedures are not required when an Agency finds there 
is ``good cause'' to dispense with such procedures and incorporates the 
finding and a brief statement of reasons to support the finding in the 
rule issued. Good cause exists when the agency determines that notice 
and public comment procedures are impracticable, unnecessary, or 
contrary to the public interest (5 U.S.C. 553(b)(3)(B)). The statutory 
provision set forth in the Act is already in effect, and is enforceable 
regardless of whether it is incorporated into the CFR. This final rule 
incorporates the statutory provision into the CFR, to promote public 
awareness of this important provision and to ensure there is no 
discrepancy between statute and regulation, which could cause 
confusion. Because this final rule simply codifies already-existing 
statutory requirements into regulation, FMCSA would be unable to make 
any changes to this rule in response to comments. FMCSA therefore finds 
good cause that public comment procedures are unnecessary.
    FMCSA is aware of the regulatory requirements concerning public 
participation in FMCSA rulemaking (49 U.S.C. 31136(g)). These 
requirements pertain to certain major rules,\1\ but, because this final 
rule is not a major rule, they are not applicable here. In addition, 
the Agency finds that publication of an advance notice of proposed 
rulemaking under 49 U.S.C. 31136(g)(1)(A), or a negotiated rulemaking 
under 49 U.S.C. 31136(g)(1)(B), is unnecessary and contrary to the 
public interest in accordance with the waiver provision in 49 U.S.C. 
31136(g)(3).
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    \1\ A ``major rule'' means any rule that the Administrator of 
the Office of Information and Regulatory Affairs of the Office of 
Management and Budget (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)). The term ``major rule'' does 
not include any rule promulgated under the Telecommunications Act of 
1996 and the amendments made by that Act.
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IV. Discussion of Final Rule

    As noted above, the Act imposes a lifetime ban from operating a CMV 
on an individual who uses a CMV in committing a felony involving a 
severe form of trafficking in persons, as defined in 22 U.S.C. 
7102(11).\2\ As noted in the Senate Report accompanying the 
legislation, ``Human trafficking, particularly sex trafficking, is 
known to be present at commercially operated truck stops and State-
operated rest areas throughout the United States. Given their 
remoteness and insulation from communities, these locations can be a 
convenient place for sex traffickers to operate with minimal concerns 
for detection'' (Senate Report 115-188, Nov. 30, 2017). While Congress 
noted that CMV drivers can play an important part in identifying 
trafficking incidents, it concluded that more can be done to combat 
human trafficking. The Act is therefore intended to serve as a 
deterrent measure, as well as to punish those felonies involving severe 
forms of trafficking in persons.
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    \2\ The Act references the definition found in 22 U.S.C. 
7102(9). A recent reauthorization of the Trafficking Victims 
Protection Act of 2000 resulted in the redesignation of 22 U.S.C. 
7101(9) to 22 U.S.C. 7102(11). This rule references the redesignated 
paragraph, in order to maintain the original intent of Congress when 
passing the Act. See ``Trafficking Victims Protection 
Reauthorization Act of 2017,'' Public Law 115-427 (Jan, 9, 2019).
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    The Act, which is self-executing, disqualifies any individual who 
uses a CMV in committing a felony involving a severe form of 
trafficking in persons, as defined in 22 U.S.C. 7102(11), from 
operating a CMV for life. 22 U.S.C. 7102(11) defines the term ``severe 
forms of trafficking in persons'' to mean either ``sex trafficking in 
which a commercial sex act is induced by force, fraud, or coercion, or 
in which the person induced to perform such act has not attained 18 
years of age;'' or ``the recruitment, harboring, transportation, 
provision, or obtaining of a person for labor or services, through the 
use of force, fraud, or coercion for the purpose of subjection to 
involuntary servitude, peonage, debt bondage, or slavery.'' The term 
``sex trafficking'' is further defined as ``the recruitment, harboring, 
transportation, provision, obtaining, patronizing, or soliciting of a 
person for the purpose of a commercial sex act'' (22 U.S.C. 7102(12).
    This final rule adds the lifetime disqualification without 
reinstatement to the list of disqualifying major offenses currently set 
forth in 49 CFR 383.51(b), Table 1.
    This final rule also give States three years to come into 
substantial compliance with the Act, as required by 49 U.S.C. 
31311(a)(15), which reads ``The State shall disqualify an individual 
from operating a commercial motor vehicle for the same reasons and time 
periods for which the Secretary shall disqualify the individual under 
subsections (b)-(e), (i)(1)(A) and (i)(2) of section 31310.'' Because, 
as noted above, the Act amended 49 U.S.C. 31310(d), States must satisfy 
the requirement to disqualify for life without reinstatement any 
individual who uses a CMV in committing a felony involving a severe 
form of trafficking in persons (as those terms are defined above). 
Recognizing that some States may need to conform their licensing 
statutes and regulations to include this new disqualifying offense, the 
Agency requires that States come into substantial compliance with 49 
U.S.C. 31311(a) as soon as practicable, but not later than three years 
from the effective date of this final rule.

V. International Impacts

    The FMCSRs, and any exceptions to the FMCSRs, apply only within the 
United States (and, in some cases, United States territories). Motor 
carriers and drivers are subject to the laws and regulations of the 
countries that they operate in, unless an international agreement 
states otherwise. Drivers and

[[Page 35337]]

carriers should be aware of the regulatory differences amongst nations.

VI. Section-by-Section Analysis

    This final rule adds a new entry to 49 CFR 383.51(b), Table 1 to 
read as follows: (10) using the vehicle in the commission of a felony 
involving an act or practice of severe forms of trafficking in persons, 
as defined and described in 22 U.S.C. 7102(11).
    This final rule also adds new paragraph (j) to 49 CFR 384.301, 
requiring States to come into substantial compliance with the changes 
made by this final rule within three years of its effective date.

VII. Regulatory Analyses

A. Executive Order (E.O). 12866 (Regulatory Planning and Review and DOT 
Regulatory Policies and Procedures as Supplemented by E.O. 13563)

    FMCSA determined that this final rule is not a significant 
regulatory action under section 3(f) of Executive Order 12866, 
Regulatory Planning and Review, as supplemented by E.O. 13563 (76 FR 
3821, January 21, 2011). Accordingly, the Office of Management and 
Budget has not reviewed it under that Order. The rule also is not 
significant within the meaning of DOT regulatory policies and 
procedures (DOT Order 2100.6 dated December 20, 2018).
    The Agency does not expect this rule to result in incremental costs 
or benefits. This rule brings FMCSRs into alignment with statute by 
adding the statutory provision in 49 U.S.C. 31310(d) to 49 CFR part 
383.51. As described above in ``III. Legal Basis for the Rulemaking,'' 
the Act added a lifetime disqualification, not eligible for 
reinstatement, from operating a CMV to the list of disqualifying 
offenses found in 49 U.S.C. 31310 for individuals using a CMV in 
committing a felony involving a severe form of human trafficking. This 
offense, resulting in disqualification for life without reinstatement, 
is currently enforceable under the Act as of January 8, 2018. 
Therefore, individuals operating a CMV are already subject to 
enforcement under the existing statute regardless of whether this rule 
is promulgated.
    This final rule requires States to come into substantial compliance 
with these changes within three years of the effective date. This 
follows the Agency's precedent of allowing States three years to take 
any required conforming legislative or regulatory actions.

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

    This rule is not an E.O. 13771 regulatory action because this rule 
is not significant under E.O. 12866.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires Federal agencies to consider the effects of the regulatory 
action on small business and other small entities and to minimize any 
significant economic impact. The term ``small entities'' comprises 
small businesses and not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.\3\ 
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 businesses.
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    \3\ Regulatory Flexibility Act (5 U.S.C. 601 et seq.) see 
National Archives at http://www.archives.gov/federal-register/laws/regulaotry-flexibility/601.html.
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    FMCSA is not required to complete a regulatory flexibility 
analysis, because, as discussed earlier in the Legal Basis section, 
this action is not subject to notice and comment under section 553(b) 
of the APA.

D. Assistance for Small Entities

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

E. 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 $161 million (which is the 
value equivalent of $100,000,000 in 1995, adjusted for inflation to 
2017 levels) or more in any one year. Though this final rule is not a 
discretionary regulatory action and thus will not result in such an 
expenditure, the Agency does discuss the effects of this rule elsewhere 
in this preamble.

F. Paperwork Reduction Act

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

G. E.O. 13132 (Federalism)

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

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

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

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

    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies 
issuing ``economically significant'' rules, if the regulation also 
concerns an environmental health or safety risk that an agency has 
reason to believe may disproportionately affect children, to include an 
evaluation of the regulation's environmental health and safety effects 
on children. The Agency determined

[[Page 35338]]

this final rule is not economically significant. Therefore, no analysis 
of the impacts on children is required. In any event, the Agency does 
not anticipate that this regulatory action could in any respect present 
an environmental or safety risk that could disproportionately affect 
children.

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

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

K. Privacy Impact Assessment

    The Consolidated Appropriations Act, 2005, (Pub. L. 108-447, 118 
Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to conduct a 
privacy impact assessment (PIA) of a regulation that will affect the 
privacy of individuals. This rule does not require the collection of 
personally identifiable information (PII).
    The E-Government Act of 2002, Public Law 107-347, 208, 116 Stat. 
2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct PIA 
for new or substantially changed technology that collects, maintains, 
or disseminates information in an identifiable form. Because no new or 
substantially changed technology would collect, maintain, or 
disseminate information as a result of this rule, FMCSA did not conduct 
a privacy impact assessment.

L. E.O. 12372 (Intergovernmental Review)

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

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

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

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

    This rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes.

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

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

P. Environment

    FMCSA analyzed this rule for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
determined this action is categorically excluded from further analysis 
and documentation in an environmental assessment or environmental 
impact statement under FMCSA Order 5610.1 (69 FR 9680, March 1, 2004), 
Appendix 2, paragraph(s)(5). The Categorical Exclusion (CE) in 
paragraph(s) covers Regulations intended to help reduce or prevent 
truck and bus accidents, fatalities, and injuries by requiring drivers 
to have a single commercial motor vehicle driver's license and by 
disqualifying drivers who operate commercial motor vehicles in an 
unsafe manner and provide for periods of disqualification and penalties 
for those persons convicted of certain criminal and other offenses and 
serious traffic violations. The content in this rule is covered by this 
CE and the final action does not have any effect on the quality of the 
environment. The CE determination is available for inspection or 
copying in the Regulations.gov website listed under ADDRESSES.

List of Subjects

49 CFR Part 383

    Administrative practice and procedure, Commercial driver's license, 
Commercial motor vehicles, Highway safety, Motor carriers.

49 CFR Part 384

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Highway safety, Motor carriers.

    In consideration of the foregoing, FMCSA amends 49 CFR chapter III 
as follows:

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

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

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

Subpart D--Driver Disqualifications and Penalties

0
2. In Sec.  383.51, by add paragraph (b)(10) to table 1 to read as 
follows:


Sec.  383.51  Disqualification of drivers.

* * * * *
    (b) * * *

[[Page 35339]]



                                                                Table 1 to Sec.   383.51
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                                                                                          For a first            For a second
                                                                                     conviction or refusal  conviction or refusal       For a second
                                     For a first conviction                            to be tested while     to be tested in a    conviction or refusal
                                        or refusal to be     For a first conviction     operating a CMV      separate incident of    to be tested in a
                                     tested while operating     or refusal to be          transporting        any combination of    separate incident of
                                         a CMV, a person     tested while operating   hazardous materials      offenses in this      any combination of
    If a driver operates a motor     required to have a CLP    a non-CMV, a CLP or     as defined in Sec.   Table while operating     offenses in this
    vehicle and is convicted of:       or CDL and a CLP or     CDL holder must be       383.5, a person        a CMV, a person     Table while operating
                                       CDL holder must be       disqualified from      required to have a     required to have a    a non-CMV, a CLP or
                                        disqualified from     operating a CMV for *   CLP or CDL and a CLP   CLP or CDL and a CLP    CDL holder must be
                                      operating a CMV for *            * *           or CDL holder must be  or CDL holder must be    disqualified from
                                               * *                                     disqualified from      disqualified from    operating a CMV for *
                                                                                     operating a CMV for *  operating a CMV for *           * *
                                                                                              * *                    * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
(10) Using a CMV in the commission   Life--not eligible for  Not applicable........  Life--not eligible     Life--not eligible     Not applicable.
 of a felony involving an act or      10-year reinstatement.                          for 10-year            for 10-year
 practice of severe forms of                                                          reinstatement.         reinstatement.
 trafficking in persons, as defined
 and described in 22 U.S.C.
 7102(11).
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

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

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

     Authority: 49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103 
and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; sec. 32934 of Pub. 
L. 112-141, 126 Stat. 405, 830; sec. 5401 and 7208 of Pub. L. 114-
94, 129 Stat. 1312, 1546, 1593; and 49 CFR 1.87.

Subpart C--Procedures for Determining State Compliance

0
6. In Sec.  384.301, add paragraph (j) to read as follows:


Sec.  384.301  Substantial compliance--general requirements.

* * * * *
    (j) A State must come into substantial compliance with the 
requirements of part 383 of this chapter in effect as of September 23, 
2019, or as soon as practicable, but not later than September 23, 2023.

    Issued under authority delegated in 49 CFR 1.87.

     Dated: July 11, 2019.
 Raymond P. Martinez,
Administrator.
[FR Doc. 2019-15611 Filed 7-22-19; 8:45 am]
 BILLING CODE 4910-EX-P


