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73110 Federal Register/Vol. 73, No. 231/Monday, December 1, 2008/Rules and Regulations
<br /> difficult to meet,in part because of provided the SDLA with a current concern that,depending on when a
<br /> other Federal program requirements that medical examiner's certificate,as the State begins notifying drivers of this
<br /> will soon be imposed on them(e.g., driver's license renewal cycles would new requirement,it is possible that a
<br /> CDLIS modernization and the REAL ID eventually address this need. driver might not receive notification
<br /> Act of 2005,(Pub.L. 109-13,Div.B. FMCSA Response:The average that he or she must provide the SDLA
<br /> Title II,sections 201-207,119 Stat. 311— national CDL licensing cycle is with an updated driving type self-
<br /> 316(May 11,2005) (set out as a note to approximately 5 years,with some States certification,and for those operating in
<br /> 49 U.S.C. 30301))). having longer cycles.If FMCSA were to non-excepted,interstate commerce,a
<br /> The Minnesota Department of Public provide States the opportunity to copy of the medical examiner's
<br /> Safety,Wisconsin DOT,Maryland State implement fully the rule within a period certificate.As a result,the SDLA might
<br /> Highway Administration,Vermont that exceeds 5 years,an unknown initiate a downgrade of the driver's CDL.
<br /> DMV,and AAMVA either support number of drivers would not have to Schneider National states that it is
<br /> having the compliance dates coincide or self-certify their driving type or provide troubled by the lack of performance
<br /> think that it is essential for the CDLIS a medical examiner's certificate for,at standards and uniformity among the
<br /> modernization to be completed first. least,an average of 3 additional years. States for handling the submission of
<br /> The California DMV suggests FMCSA This period for drivers to self-certify the medical examiner's certificate.The
<br /> should not start the clock for the States' and provide a medical examiner's Wisconsin DOT estimates that they
<br /> 3-year compliance from the effective certificate would be longer in States would have to notify over 185,000
<br /> date of the rule,but instead from the with CDL renewal cycles longer than 5 drivers.
<br /> time that the final CDLIS technical years. FMCSA Response:In the NPRM,the
<br /> specifications are released by AAMVA Agency proposed that States must be in
<br /> 14.Outreach
<br /> as part of CDLIS modernization.The compliance with these provisions 3
<br /> Pennsylvania DOT notes that it is a.Quality and Timeliness of NLETS years after the effective date of a rule.It
<br /> essential that all detailed technical Data.A number of commenters express also proposed two additional years for
<br /> specifications be provided at least 2 concern about the ability of enforcement all drivers to provide their SDLAs with
<br /> years prior to when the State must be in personnel to: (1)Always obtain an the driving type status concerning
<br /> compliance to allow sufficient time for electronic response during nights and whether they are subject to Federal or
<br /> technical programming.Based on the weekends,through either CDLIS access State driver qualifications rules.In the
<br /> experience implementing the MCSIA software or NLETS;and(2)obtain final rule,FMCSA retains the State
<br /> requirements in CDLIS,AAMVA urged CDLIS quality responses via NLETS. compliance date of 3 years after the
<br /> FMCSA to allow States a compliance FMCSA Response:FMCSA is aware of effective date,and the driver
<br /> period longer than 3 years. both these issues.The Agency is compliance date of 5 years after the
<br /> FMCSA Response:FMCSA continuously studying these issues to effective date.
<br /> acknowledges States'concerns about identify the cost that would be incurred FMCSA encourages SDLAs to begin
<br /> implementing the other Federal program if the existing level of NLETS CDL including information about this new
<br /> requirements for CDLIS modernization inquires are submitted to CDLIS.The CDL requirement as soon as is practical.
<br /> and the Real ID Act at the same time as Agency is considering demonstration Except for those few States with license
<br /> the requirements of this rule.The projects to gather information on what renewal cycles of six or more years,it
<br /> Agency will monitor the progress of it would cost to have electronic is possible for all CDL drivers to be
<br /> State implementation of this rulemaking responses at night and on the weekends notified as part of their normal CDL
<br /> and how it will impact States' from States that have not yet renewal notice from their SDLA.
<br /> implementation of these two other implemented such capabilities. It is important to note that FMCSA is
<br /> Federal programs. 1.Nights and Weekends.The ability currently working with various partners
<br /> California and Pennsylvania's point is to get an electronic response during the in developing a package of materials to
<br /> well taken regarding the time required night and on the weekends is be made available to SDLAs,driver and
<br /> for AAMVA to develop the CDLIS predominantly an hours-of-operation carrier organizations,and trade
<br /> modernization technical specifications issue(i.e.,for the responding computer). publications as outreach initiatives for
<br /> and release them to the States.Section Historically,this was a common issue the industry.
<br /> 4123 of SAFETEA—LU requires the for SDLA computers with restricted 15. Comments Outside the Scope of This
<br /> development of the CDLIS design hours of operation.Nonetheless,online Rulemaking
<br /> specifications necessary for access by SDLAs at all times continues
<br /> implementing this rule to be part of to expand.FMCSA continues to A number of respondents submitted
<br /> developing the specifications for CDLIS investigate options to further improve comments on topics that were either
<br /> Modernization.FMCSA consulted with the availability of electronic driver outside the scope of what was proposed
<br /> AAMVA on when they projected they license information during nights and in the NPRM or were based on a
<br /> could issue the necessary CDLIS weekends,and plans to analyze the cost misunderstanding of what the Agency
<br /> technical specifications for implications of solving this issue. proposed in that rulemaking.Many of
<br /> implementation of this rule.Their 2.CDLIS Quality Responses via these issues concern the rulemaking for
<br /> estimate is close to the expected date NLETS.In States that use a copy of the the NRCME,how FMCSA could regulate
<br /> the rule will be published.Therefore, CDLIS driver records to respond to MEs or establish specific medical
<br /> the Agency retained the 3-year NLETS inquiries,depending on how examination requirements,or discuss
<br /> provision to implement the section 215 frequently that copy is updated,it is alternative approaches to the Agency's
<br /> of MCSIA requirement to merge the possible that the NLETS responses initial rulemaking proposal to
<br /> medical requirements with the CDL. could be out-of-date and show the specifically deal with issues of driver
<br /> c.No Cut-Off Date for Driver driver as not-certified when CDLIS has fraud.
<br /> Submission.The Michigan Department been updated to show the driver is FMCSA Response:FMCSA
<br /> of State comments that there is no need certified. acknowledges the policy concerns of the
<br /> for the cut-off(mandatory downgrade)at b.Notification of Rule Requirements. commenters.However,as stated in the
<br /> 5 years for drivers who have not A number of commenter„9„ivs express NPRM,the policy direction of this
<br /> 1 ik., r
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