[Federal Register Volume 84, Number 173 (Friday, September 6, 2019)]
[Proposed Rules]
[Pages 46923-46927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18986]



[[Page 46923]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 382, 383 and 384

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


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

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

ACTION: Notice of proposed rulemaking; extension of compliance date.

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SUMMARY: FMCSA proposes to extend the compliance date for the 
requirement established by the Commercial Driver's License Drug and 
Alcohol Clearinghouse (Clearinghouse) final rule that States request 
information from the Clearinghouse (``query'') before completing 
certain commercial driver's license (CDL) transactions. The States' 
compliance with this requirement, currently due to begin on January 6, 
2020, would be delayed until January 6, 2023. This proposal would, 
however, allow States the option to voluntarily request Clearinghouse 
information beginning on January 6, 2020. As explained further below, 
the proposed delay of the State query requirement would have no impact 
on highway safety. The compliance date of January 6, 2020 would remain 
in place for all other requirements set forth in the Clearinghouse 
final rule.

DATES: Comments on this document must be received on or before October 
7, 2019.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2019-0120 using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility, 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.
     Fax: 202-493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments, including collection of information comments for the Office 
of Information and Regulatory Affairs, OMB.

FOR FURTHER INFORMATION CONTACT: Nikki McDavid, Chief, Commercial 
Driver's License Division, Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE, Washington, DC 20590-0001 by telephone at 
202-366-0831 or by email, nikki.mcdavid@dot.gov., If you have questions 
on viewing or submitting material to the docket, contact Docket 
Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice of proposed rulemaking (NPRM) (Docket No. FMCSA-2019-0120), 
indicate the specific section of this document to which each section 
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, 
put the docket number, FMCSA-2019-0120, in the keyword box, and click 
``Search.'' When the new screen appears, 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 change this proposed rule based on your 
comments. FMCSA may issue a final rule at any time after the close of 
the comment period.
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 (FOIA) (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 containing CBI as ``PROPIN.'' FMCSA will treat such 
marked submissions as confidential under the FOIA, and they will not be 
placed in the public docket of this NPRM. Submissions containing CBI 
should be sent to Brian Dahlin, Chief, Regulatory Analysis Division, 
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590. Any commentary that FMCSA receives which is 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 in this 
preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2019-0120, in the 
keyword box, and click ``Search.'' Next, click the ``Open Docket 
Folder'' button and choose the document to review. If you do not have 
access to the internet, you may view the docket online by visiting the 
Docket Management Facility in Room W12-140 on the ground floor of the 
DOT West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

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 
www.dot.gov/privacy.

D. Waiver of Advance Notice of Proposed Rulemaking

    Under the Fixing America's Surface Transportation Act, Public Law, 
114-94 (FAST Act), FMCSA is required to publish an advance notice of 
proposed

[[Page 46924]]

rulemaking (ANPRM) or conduct a negotiated rulemaking ``if a proposed 
rule is likely to lead to the promulgation of a major rule'' (49 U.S.C. 
31136(g)(1)). As this proposed rule is not likely to lead to the 
promulgation of a major rule, the Agency is not required to issue an 
ANPRM or to proceed with a negotiated rulemaking.

II. Executive Summary

A. Purpose and Summary of the Proposed Rule

    Regulations established by the final rule, ``Commercial Driver's 
License Drug and Alcohol Clearinghouse'' (Clearinghouse final rule) (81 
FR 87686 (Dec. 5, 2016)), require that, beginning January 6, 2020, 
State Driver Licensing Agencies (SDLAs) request information from the 
Clearinghouse (``query'') prior to issuing, renewing, upgrading, or 
transferring a CDL.\1\ The Clearinghouse final rule did not otherwise 
address how SDLAs would use Clearinghouse information for drivers 
licensed, or seeking to become licensed, in their State. This proposed 
delay of the States' query requirement, from January 6, 2020 to January 
6, 2023, is necessary to allow the Agency time to complete its 
forthcoming rulemaking to address the SDLAs' access to and use of 
driver-specific information from the Clearinghouse, as discussed below.
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    \1\ See 49 CFR 383.73(b)(10); (c)(10); (d)(9); (e)(8); and 
(f)(4).
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    FMCSA emphasizes that the compliance date of January 6, 2020, 
continues to apply to all other requirements set forth in the 
Clearinghouse final rule. Beginning January 6, 2020, CDL holders' drug 
and alcohol testing program violations must be reported to the 
Clearinghouse, and motor carrier employers must perform the required 
queries for prospective and current driver-employees.
    In addition, under this proposal, beginning on January 6, 2020, 
SDLAs wishing to access a CDL applicant's drug or alcohol violation 
information may do so by registering in the Clearinghouse as an 
authorized user and logging in to view the individual's record. This 
optional access to the Clearinghouse would be exercised solely at the 
States' discretion. FMCSA will provide operational guidance on 
Clearinghouse registration for all authorized users in the coming 
weeks.

B. Costs and Benefits

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

III. Legal Basis for the Rulemaking

    This NPRM would amend regulations established by the Clearinghouse 
final rule by extending the date by which States would be required to 
achieve compliance with the query requirements currently set forth in 
49 CFR 383.73 and 384.235. The Clearinghouse final rule implements 
section 32402 of the Moving Ahead for Progress in the 21st Century Act 
(MAP-21) (Pub. L. 112-41, 126 Stat. 405, codified at 49 U.S.C. 31306a), 
which requires the Secretary of Transportation (the Secretary) to 
establish a national clearinghouse for records related to drug and 
alcohol testing of CDL holders. As part of that mandate, MAP-21 
requires the Secretary to establish a process by which States can 
request and receive an individual's Clearinghouse record (49 U.S.C. 
31306a(h)(2)). In addition, section 32305(b)(1) of MAP-21, codified at 
49 U.S.C. 31311(a)(24), requires that States request information from 
the Clearinghouse prior to issuing or renewing a CDL. This proposed 
extension of the compliance date for those State-specific requirements 
relies on these statutory authorities. This NPRM is also based on the 
broad authority of the Commercial Motor Vehicle Safety Act of 1986, as 
amended, codified generally in 49 U.S.C. chapter 313, which requires 
the Secretary to establish minimum standards for the issuance of CDLs 
(49 U.S.C. 31308), as well as minimum standards to ensure the fitness 
of individuals operating a CMV (49 U.S.C. 31305(a)).
    Finally, under 49 CFR 1.87(e)(1), the FMCSA Administrator is 
delegated authority to carry out the functions vested in the Secretary 
by 49 U.S.C. chapter 313, relating to CMV operation.

IV. Background

    The Clearinghouse final rule implemented the Congressional mandate, 
set forth in section 32402 of MAP-21, requiring the establishment of a 
national Drug and Alcohol Clearinghouse containing CDL holders' 
violations of FMCSA's drug and alcohol testing regulations set forth in 
49 CFR part 382. The Clearinghouse regulations, which go into effect on 
January 6, 2020, will enable FMCSA and motor carrier employers to 
identify drivers who, under 49 CFR 382.501(a), are prohibited from 
operating a CMV due to drug and alcohol program violations.
    Additionally, as discussed above in section III. ``Legal Basis,'' 
MAP-21 required that SDLAs be provided access to the Clearinghouse 
records of individuals applying for a CDL in order to determine whether 
they are qualified to operate a CMV, and that SDLAs request information 
from the Clearinghouse before renewing or issuing a CDL to an 
individual. FMCSA incorporated these statutory requirements into the 
Clearinghouse final rule.
    Subsequently, the American Association of Motor Vehicle 
Administrators (AAMVA), a trade association representing driver 
licensing authorities from the 50 States and the District of Columbia, 
asserted that the final rule failed to address various operational 
issues related to the States' role in the Clearinghouse.\2\ Some of the 
concerns AAMVA raised were: What does FMCSA intend that the States do 
with information they receive from the Clearinghouse; what specific 
information would States receive in response to a request for 
information about an individual CDL holder or applicant; what privacy 
and data controls will be applied to the transmission of Clearinghouse 
information to SDLAs; how would an erroneous Clearinghouse record be 
corrected; and what are the cost implications for the SDLAs.
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    \2\ See AAMVA Petition for Reconsideration of the Commercial 
Driver's License Drug and Alcohol Clearinghouse Final Rule (June 29, 
2017), Docket No. FMCSA-2011-0031, accessible through 
www.regualtions.gov.
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    As discussed further below, the Agency intends to publish a 
separate proposed rule (``Clearinghouse II NPRM''), which will 
specifically address the issues raised by AAMVA. Delaying the 
implementation of the query requirement would provide FMCSA additional 
time to resolve AAMVA's concerns and ensure a seamless implementation 
of the States' Clearinghouse-related requirements.

V. Discussion of Notice of Proposed Rulemaking (NPRM)

    As noted above, regulations established by the 2016 Clearinghouse 
final rule require that, beginning on January 6, 2020, States query the 
Clearinghouse prior to issuing, renewing, transferring, or upgrading a 
CDL. FMCSA proposes to extend that compliance date, only as it applies 
to the States' query requirement, to January 6, 2023. All other 
provision of the Clearinghouse final rule will go into effect on 
January 6, 2020. Extending the compliance date at this time would 
provide sufficient notice to the States that the query requirement will 
not take effect on January 6, 2020, thereby permitting them to allocate 
their information technology (IT), training, and other resources 
accordingly.

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    In the Agency's judgment, it would be premature to implement the 
States' query requirement before addressing the questions and concerns 
raised by AAMVA in its 2017 petition for reconsideration, discussed 
above in section IV, ``Background.'' FMCSA therefore proposes this 
extension so that it can address the States' use of Clearinghouse 
information, and respond to the issues raised by AAMVA, which will be 
the basis of the Clearinghouse II NPRM. Further, the Clearinghouse II 
NPRM will solicit the States' input concerning the most efficient means 
of electronically transmitting the information from the Clearinghouse 
to the SDLAs. Thus, the additional time afforded by extending the 
compliance date for the States' query requirement, as proposed, is also 
necessary for FMCSA to establish the IT interface between the SDLAs and 
the Clearinghouse.
    FMCSA anticipates that the Clearinghouse II NPRM will be published 
no later than March 1, 2020. The Agency notes that, due to the delay in 
issuing the Clearinghouse II NPRM, this proposal to extend the 
compliance date to January 6, 2023, is essentially a placeholder; the 
final rule resulting from the Clearinghouse II proposal will establish 
the date by which States' compliance will ultimately be required. The 
Agency does not anticipate that the final compliance date will be 
sooner than January 6, 2023.
    Although, under this proposal, SDLAs would not be required to query 
the Clearinghouse beginning on January 6, 2020, some SDLAs may 
nevertheless want to request information about a CDL applicant as soon 
as the information starts to become available in the Clearinghouse. 
Accordingly, FMCSA proposes that, beginning on January 6, 2020, SDLAs 
wishing to request information from the Clearinghouse may do so on a 
voluntary basis by logging in as a registered user and conducting a 
query prior to issuing, renewing, transferring or upgrading a CDL. The 
Agency recognizes that manually-conducted queries for large numbers of 
drivers could pose logistical and operational challenges, and will 
explore more efficient means of providing driver information to SDLAs 
wishing to request information from the Clearinghouse on a voluntary 
basis.\3\ If Clearinghouse information received in response to a 
voluntary query by an SDLA indicates the driver is prohibited from 
operating a CMV due to a drug or alcohol testing violation, it would be 
up to the State to decide whether, and how, to act on that information.
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    \3\ The Clearinghouse final rule discussed the possible use of 
the Commercial Driver Licensing Information System (CDLIS) pointer 
system or other automated electronic means of transmitting 
Clearinghouse information to the SDLAs. See 81 FR 87866, 87708 (Dec. 
5, 2016).
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    Finally, FMCSA concludes that the delayed implementation of the 
SDLAs' query requirement, as proposed, would not impact highway safety. 
The Clearinghouse final rule required only that SDLAs query the 
Clearinghouse prior to completing specified commercial licensing 
transactions. However, there is currently no requirement that States 
act on Clearinghouse information indicating the driver is prohibited 
from operating a CMV because the individual violated FMCSA's drug and 
alcohol program requirements. Consequently, the Regulatory Impact 
Analysis for the Clearinghouse final rule \4\ did not associate any 
specific safety benefit with the SDLAs' mandatory query of the 
Clearinghouse, although the Agency did identify quantitative and 
qualitative benefits for the Clearinghouse final rule as a whole.
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    \4\ The Final Rulemaking Regulatory Impact Analysis (November 
2016) is available in the docket of the ELDT final rule (Docket No. 
FMCSA-2011-0031), accessible through www.regualtions.gov.
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VI. 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 carriers should be aware of the 
regulatory differences amongst nations.

VII. Section-by-Section Analysis

A. Proposed Change to 49 CFR 382.725

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

B. Proposed Changes to 49 CFR Parts 383 and 384

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

VIII. Regulatory Analyses

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

    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 
proposed rule does not require an assessment of potential costs and 
benefits under section 6(a)(4) of that Order. This proposed rule is 
also not significant within the meaning of DOT regulatory policies and 
procedures (DOT Order 2100.6, dated Dec. 20, 2018). Accordingly, the 
Office of Management and Budget has not reviewed it under these Orders. 
Because the Clearinghouse final rule did not establish a cost or 
benefit for the SDLA query, there are neither costs nor benefits 
associated with this rulemaking.

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

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

C. Regulatory Flexibility Act (Small Entities)

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (Pub. L. 104-121, 110 Stat 857) requires Federal agencies to 
consider the effects of the regulatory action on small business and 
other small entities and to minimize any significant economic impact. 
The term ``small entities'' comprises small businesses and not-for-
profit organizations that are independently owned and operated and are 
not dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000 (5 U.S.C. 601(6)). Accordingly, DOT 
policy requires an analysis of the impact of all regulations on small 
entities, and mandates that agencies strive to lessen the adverse 
effects on these businesses.
    As described above, the Clearinghouse final rule requires the SDLAs 
to query the Clearinghouse before completing certain licensing 
transactions. This proposal would extend the Clearinghouse final rule 
compliance extended from January 6, 2020 to January 6, 2013. The 
extension of the compliance date is limited to the

[[Page 46926]]

SDLAs. The proposed extension does not impose costs on the SDLAs.
    The regulatory flexibility analysis the Agency prepared for the 
Clearinghouse final rule did not include the SDLAs among the small 
entities affected by the rule because they are a governmental entity 
with a population of greater than 50,000. That determination, combined 
with the fact that the SDLAs are the only entity affected by the 
proposed extension of the compliance date, and no costs would be 
imposed on the SDLAs demonstrates that the proposed rule does not have 
a significant impact on small entities. Consequently, I certify the 
action will not have a significant economic impact on a substantial 
number of small entities.

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 NPRM 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 FMCSA point of 
contact, Ms. Nikki McDavid, listed in the FOR FURTHER INFORMATION 
CONTACT section of this NPRM. 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. 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 million in 1995, adjusted for inflation to 2017 levels) or more 
in any one year. This proposed rule would not result in such an 
expenditure. As discussed above, FMCSA estimates the NPRM would result 
in costs less than zero.

F. Paperwork Reduction Act

    This proposed rule would call 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 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.

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

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

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 this proposed 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 proposed 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

    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 of a regulation that will affect the privacy 
of individuals. The Agency will complete a Privacy Threshold Assessment 
(PTA) to evaluate the risks and effects the proposed rulemaking might 
have on collecting, storing, and sharing personally identifiable 
information. The PTA will be submitted to FMCSA's Privacy Officer for 
review and preliminary adjudication and to DOT's Privacy Officer for 
review and final adjudication.

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 proposed 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 (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

[[Page 46927]]

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 NPRM 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 (6)(t)(2). The Categorical Exclusion (CE) in 
paragraph (6)(t)(2) covers regulations ensuring States comply with the 
provisions of the Commercial Motor Vehicle Act of 1986, by having the 
appropriate information technology systems concerning the qualification 
and licensing of persons who apply for and persons who are issued a 
CDL. The proposed requirements in this rule are covered by this CE, and 
the proposed action does not have the potential to significantly affect 
the quality of the environment. The CE determination is available for 
inspection or copying in the regulations.gov website listed under 
ADDRESSES.

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

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

List of Subjects

49 CFR Part 382

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Drug testing, Highway safety, Motor carriers, Penalties, Safety, 
Transportation.

49 CFR Parts 383 and 384

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

    In consideration of the foregoing, FMCSA proposes to amend 49 CFR 
chapter III as follows:

PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

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

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

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


Sec.  382.725  Access by State licensing authorities.

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

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

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

    Authority: 49 U.S.C. 521, 5103a, 31136, 31301 et seq., and 
31502; secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 
1767; sec. 1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 
of Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-
141, 126 stat. 405, 830; and 49 CFR 1.87.


Sec.  383.73  [Amended]

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

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

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

    Authority: 49 U.S.C. 31102, 31104, 31136, 31301, et seq., and 
31502; secs. 103 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1753, 
1767; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524 
of Pub. L. 114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87.


Sec.  384.235  [Amended]

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

    Issued under authority delegated in 49 CFR 1.87.
Raymond P. Martinez,
 Administrator.
[FR Doc. 2019-18986 Filed 9-5-19; 8:45 am]
 BILLING CODE 4910-EX-P


