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52296 Federal Register / Vol. 70, No.

170 / Friday, September 2, 2005 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION related violations in a State, such as NDR file and to receive any such
racing on the highway or driving while information.
National Highway Traffic Safety impaired by alcohol or other drugs. The The NDR statute allows the head of a
Administration NDR was designed to prevent such Federal department or agency
individuals from obtaining a driver’s authorized to receive information
23 CFR Part 1327 license in another State, using a device regarding an individual from the NDR to
known as the Problem Driver Pointer request and receive such information
[Docket No. NHTSA–05–22265]
System (PDPS). from the Secretary of Transportation. 49
RIN 2127–AJ66 The PDPS consists of a list of problem U.S.C. 30305(b)(11). This provision, by
drivers (with certain identifying its operation, affords direct access to the
Procedures for Participating in and information) contained in ‘‘pointer’’ NDR to identified Federal departments
Receiving Data From the National records. These records ‘‘point’’ to the and agencies (through NHTSA), without
Driver Register Problem Driver Pointer State where the substantive adverse the need to submit an inquiry to a State
System Pursuant to a Personnel records about the driver can be driver licensing official. In practice,
Security Investigation and obtained. The PDPS system is fully virtually all Federal departments or
Determination automated and enables State driver agencies with specific access provisions
licensing officials to determine have submitted inquiries directly to
AGENCY: National Highway Traffic
instantaneously whether another State NHTSA.
Safety Administration (NHTSA),
Department of Transportation (DOT). has taken adverse action against a C. Recent Amendment to National
ACTION: Interim final rule; request for license applicant. Driver Act of 1982
comments. B. National Driver Register Act of 1982 On October 28, 2004, Public Law 108–
375 amended the NDR Act of 1982.
SUMMARY: This interim final rule The NDR Act of 1982, as amended, 49 Section 1061 of Public Law 108–375
amends the agency’s National Driver U.S.C. 30301, et seq., authorizes State allows ‘‘[a]n individual who has or is
Register (NDR) regulations to implement chief driver licensing officials to request seeking access to national security
an amendment to the National Driver and receive information from the NDR information for purposes of Executive
Register Act of 1982. The amendment for driver licensing and driver Order No. 12968, or any successor
authorizes a Federal department or improvement purposes. When an Executive order, or an individual who is
agency that investigates an individual individual applies for a driver’s license, being investigated for Federal
for the purpose of determining the for example, these State officials are employment under authority of
individual’s eligibility to access national authorized to request and receive NDR Executive Order No. 10450, or any
security information to request and information to determine whether the successor Executive order, [to] request
receive information from the National applicant’s driver’s license has been the chief driver licensing official of a
Driver Register, upon request and withdrawn for cause or the applicant State to provide [NDR] information
consent of the individual. This interim has been convicted of specific offenses about the individual * * * to a Federal
final rule establishes the procedures for in another State. Because the NDR is a department or agency that is authorized
individuals to request and for the nationwide index, State chief driver to investigate the individual for the
Federal department or agency to receive licensing officials need only submit a purpose of assisting in the
NDR information.0 single inquiry to obtain this determination of the eligibility of the
DATES: This interim final rule becomes information. individual for access to national
effective on September 30, 2005. State chief driver licensing officials security information or for Federal
Comments on this interim final rule are also are authorized under the NDR Act employment in a position requiring
due no later than November 1, 2005. to request NDR information on behalf of access to national security information.’’
other NDR users for specific This interim final rule amends the NDR
program issues: Mr. Sean McLaurin, transportation safety purposes. The NDR regulations, 23 CFR Part 1327, to
Chief, National Driver Register, NPO– Act authorizes the following entities to incorporate procedures governing access
124, National Highway Traffic Safety receive NDR information for limited to NDR information to assist in
Administration, 400 Seventh Street, transportation purposes: the National personnel security investigations.
SW., Washington, DC, 20590. Transportation Safety Board and the
Federal Highway Administration for II. Procedures for Requesting and
Telephone: (202) 366–4800. For legal Receiving NDR Information for
issues: Mr. Roland (R.T.) Baumann III, accident investigation purposes;
employers and prospective employers of Personnel Security Investigations
Attorney-Advisor, Office of the Chief
Counsel, NCC–113, National Highway motor vehicle operators; the Federal Under the interim final rule, the
Traffic Safety Administration, 400 Aviation Administration (FAA) procedures that a Federal department or
Seventh Street, SW., Washington, DC, regarding any individual who holds or agency performing personnel security
20590. Telephone: (202) 366–1834. has applied for an airman’s certificate; investigations of individuals must
air carriers regarding individuals who follow to receive NDR information are
are seeking employment with the air similar to those followed by the FAA,
I. Background carrier; the Federal Railroad the FRA, and the U.S. Coast Guard in
Administration (FRA) and employers or checking their applicants for
A. National Driver Register prospective employers of locomotive employment or certification.
The National Driver Register (NDR) is operators; and the U.S. Coast Guard The Federal department or agency
a central file of information on regarding any individual who holds or may not, itself, initiate a request for
individuals whose license to operate a who has applied for a license, certificate NDR information. Rather, the individual
motor vehicle in a State has been of registry, or a merchant mariner’s subject to a personnel security
denied, revoked, suspended, or document. The Act also allows investigation must do so. To initiate a
canceled, for cause, or who have been individuals to learn whether request, the individual must either
convicted of certain serious traffic- information about themselves is on the complete, sign and submit a request to

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Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52297

the chief driver licensing official of a a definition of ‘‘personnel security (1) By mail to: Docket Management
State for an NDR file search or authorize investigation’’ to 23 CFR 1327.3. Facility, Docket No. NHTSA–05–XXXX,
the Federal department or agency to DOT, 400 Seventh Street, SW., Nassif
Interim Final Rule
request the chief driver licensing official Building, Room PL–401, Washington,
to conduct the NDR file search by This document is published as an DC 20590;
providing a written and signed consent. interim final rule. Accordingly, the (2) By hand delivery to: Room PL–401
Just as in NDR requests for traffic safety changes to part 1327 described above on the Plaza level of the Nassif Building,
purposes, the request or written consent become effective on September 30, 400 Seventh Street, SW., Washington,
must state that NDR records are being 2005. No further regulatory action by DC, between 9 a.m. and 5 p.m., Monday
requested; state specifically who is NHTSA is necessary to make these through Friday;
authorized to receive the records; be changes effective. (3) By fax to the Docket Management
dated and signed by the individual; and Publication as an interim final rule, Facility at (202) 493–2251; or
state that it is recommended (but not without prior notice and opportunity for (4) By electronic submission: log onto
required) that the Federal department or comment, is necessary to permit the DMS Web site at
agency verify matches with the state of individuals subject to background and click on ‘‘Help and Information’’ or
record. Consistent with a specific investigations for security clearances to ‘‘Help/Info’’ to obtain instructions.
statutory restriction concerning submit requests to the NDR and Federal All comments received before the
personnel security investigations, it departments or agencies to receive NDR close of business on the comment
must also state that the authorization is information as soon as possible. The closing date will be considered and will
valid only during the performance of the changes made to the regulation in this be available for examination in the
security investigation. interim final rule are minor and simply docket at the above address. To the
In accordance with Public Law 108– reflect the statutory amendments extent possible, comments filed after the
375, requests to transmit NDR enacted by Public Law 108–375. These closing date will also be considered.
information to the Federal department changes create procedures that are However, the rulemaking action may
or agency (made either directly by nearly identical to existing regulatory proceed at any time after that date. The
individuals or through a written procedures being followed by the States, agency will continue to file relevant
consent) may be submitted through a by airmen, by seamen/merchant material in the docket as it becomes
State chief driver licensing official. mariners, and by others in the field of available after the closing date, and it is
Since all 50 States and the District of transportation safety, which were recommended that interested persons
Columbia currently participate in the previously subjected to notice and continue to examine the docket for new
NDR PDPS, requests may be submitted opportunity for comment. material.
to any of the chief driver licensing Statutory Basis for This Rule You may review submitted comments
officials. in person at the Docket Management
This interim final rule implements a
Because Federal departments or NDR access provision mandated by the Facility located at Room PL–401 on the
agencies that perform personnel security Ronald W. Reagan National Defense Plaza level of the Nassif Building, 400
investigations are afforded the specific Authorization Act for Fiscal Year 2005 Seventh Street, SW., Washington, DC,
right to receive NDR information, they (Pub. L. 108–375, Section 1061). The between 9 a.m. and 5 p.m., Monday
are subject to the provision that allows NDR Act of 1982 (Pub. L. 97–364) through Friday.
them to request and receive such provides general authority to issue You may also review submitted
information from the Secretary of regulations regarding access to the comments on the Internet by taking the
Transportation. Hence, they need not PDPS. following steps:
submit a request to the State chief driver (1) Go to the DMS Web page at
licensing official. Consistent with past Comments
practice for safety related requests, we NHTSA requests comments on these (2) On that page, click on ‘‘search’’.
expect virtually all requests from regulatory changes. All comments (3) On the next page (http://
Federal departments or agencies that submitted in response to this document type in the four
perform personnel security will be considered by the agency. digit docket number shown at the
investigations will be sent directly to Following the close of the comment beginning of this notice. Click on
NHTSA. period, NHTSA will publish a ‘‘search’’.
To implement these procedures, the document responding to the comments, (4) On the next page, which contains
interim final rule amends the NDR and if appropriate, will further amend docket summary information for the
regulation at 23 CFR 1327.5, setting the provisions of 23 CFR part 1327. docket you selected, click on the desired
forth requirements that States must However, the interim final rule comments. You may also download the
follow to accept NDR inquiries published today is effective upon comments. Although the comments are
submitted to a chief driver licensing publication. imaged documents, instead of word
official. The interim final rule also Interested persons are invited to processing documents, the ‘‘pdf’’
amends the regulatory sections at 23 comment on this interim final rule. It is versions of the documents are word
CFR 1327.6 and 1327.7, setting forth requested, but not required, that two searchable.
procedures for NDR inquiries submitted copies be submitted. All comments Anyone is able to search the
directly to the agency. To make clear must be limited to 15 pages in length. electronic form of all comments
that a covered personnel security Necessary attachments may be received into any of our dockets by the
investigation is limited to an appended to those submissions without name of the individual submitting the
investigation for the purpose of assisting regard to the 15-page limit. (See 49 CFR comment (or signing the comment, if
in the determination of eligibility for 553.21). This limitation is intended to submitted on behalf of an association,
access to national security information encourage commenters to detail their business, labor union, etc.). You may
or for Federal employment in a position primary arguments in a concise fashion. review DOT’s complete Privacy Act
requiring access to national security You may submit your comments by Statement in the Federal Register
information, the interim final rule adds one of the following methods: published on April 11, 2000 (Volume

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52298 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations

65, Number 70; Pages 19477–78) or you unless the agency determines that a rule Executive Order 13132 (Federalism)
may visit is not expected to have a significant This action has been analyzed in
Those persons who wish to be impact on a substantial number of small accordance with the principles and
notified upon receipt of their comments entities. I hereby certify that the action criteria contained in the Executive
in the docket should enclose, in the would not have a significant impact on Order 12612, and it has been
envelope with their comments, a self- a substantial number of small entities. determined that this action does not
addressed stamped postcard. Upon Accordingly, the preparation of a have sufficient federalism implications
receiving the comments, the docket Regulatory Flexibility Analysis is not to warrant preparation of a Federalism
supervisor will return the postcard by required. Assessment. Accordingly, a Federalism
mail. Assessment is not required.
Paperwork Reduction Act
Regulatory Analyses and Notices Executive Order 13175 (Consultation
There are reporting requirements and Coordination With Indian Tribal
Executive Order 12988 (Civil Justice
Reform) contained in the regulation that this Governments)
interim final rule is amending that are The agency has analyzed this action
This action does not have any considered to be information collection
preemptive or retroactive effect. This under Executive Order 13175, and has
requirements, as that term is defined by determined that the action would not
action meets applicable standards in the Office of Management and Budget
sections 3(a) and 3(b)(2) of Executive have a substantial direct effect on one or
(OMB) in 5 CFR part 1320. This interim more Indian tribes, would not impose
Order 12988, Civil Justice Reform, to final rule does not change the reporting
minimize litigation, eliminate substantial direct compliance costs on
requirements for participating States or Indian tribal governments, and would
ambiguity, and reduce burden. the procedures to be followed by not preempt tribal law. Therefore, a
Executive Order 12866 (Regulatory individuals who request NDR tribal summary impact statement is not
Planning and Review) and DOT information. These requirements have required.
Regulatory Policies and Procedures been submitted previously to and
Executive Order 13045, Economically
Executive Order 12866, ‘‘Regulatory approved by OMB, pursuant to the
Significant Rules Disproportionately
Planning and Review’’ (58 FR 51735, Paperwork Reduction Act (44 U.S.C.
Affecting Children
October 4, 1993) provides for making 3500, et seq.). These requirements have
been approved through July 30, 2006, This rule is not subject to E.O. 13045
determinations on whether a regulatory because it is not ‘‘economically
action is ‘‘significant’’ and therefore under OMB No. 2127–0001.
significant’’ as defined under E.O.
subject to Office of Management and National Environmental Policy Act 12866, and does not concern an
Budget (OMB) review and the environmental, health or safety risk that
requirements of the Executive Order. The agency has reviewed this action NHTSA has reason to believe may have
The agency has considered the impact for the purposes of the National a disproportionate effect on children.
of this action under Executive Order Environmental Policy Act (42 U.S.C.
12866 and determined that it is not 4321, et. seq.) and has determined that Regulation Identifier Number (RIN)
significant. The action is also not it would not have a significant impact A regulation identifier number (RIN)
significant under the Department of on the quality of the human is assigned to each regulatory section
Transportation’s regulatory policies and environment. listed in the Unified Agenda of Federal
procedures. The changes in this interim Regulations. The Regulatory Information
final rule merely reflect amendments The Unfunded Mandates Reform Act Service Center publishes the Unified
contained in Public Law 108–375 The Unfunded Mandates Reform Act Agenda in April and October of each
providing NDR access to another group of 1995 (2 U.S.C. 1531) requires Federal year. The RIN contained in the heading
of NDR individuals—individuals who agencies to prepare a written assessment of this document can be used to cross-
are subject to personnel security reference this section with the Unified
of the costs, benefits, and other effects
investigations. Because Public Law 108– Agenda.
of proposed rules that include a Federal
375 provides specific NDR access to
mandate likely to result in the List of Subjects in 23 CFR Part 1327
Federal departments or agencies
expenditure by State, local, or tribal Highway safety, Intergovernmental
performing personnel security
governments, in the aggregate, or by the relations, and Reporting and
investigations and because the NDR Act
allows Federal agencies with specific private sector, of $100 million or more recordkeeping requirements.
access provisions to submit them (adjusted annually for inflation) in any
■ In consideration of the foregoing, the
directly to the Secretary of one year. This interim final rule may agency amends title 23 of CFR part 1327
Transportation (by delegation, to require that some States driver licensing as follows:
NHTSA), we do not anticipate that this officials process additional inquiries
action will increase significantly the submitted to them for purposes of PART 1327—PROCEDURES FOR
number of NDR inquiries processed by personnel security investigations. PARTICIPATING IN AND RECEIVING
State driver licensing officials. Most, if However, because the statute allows this INFORMATION FROM THE NATIONAL
not all, such inquiries will likely be type of inquiry to be submitted directly DRIVER REGISTER PROBLEM DRIVER
submitted to NHTSA. Accordingly, a to the Secretary of Transportation (by POINTER SYSTEM
full regulatory evaluation is not delegation, to NHTSA), we do not
anticipate that States will face a ■ 1. The authority citation for part 1327
required. continues to read as follows:
significant increase in NDR requests
Regulatory Flexibility Act and, therefore, in associated costs. Most, Authority: Pub. L. 97–364, 96 Stat. 1740,
The Regulatory Flexibility Act of 1980 if not all, such requirements will likely as amended (49 U.S.C. 30301 et seq.);
delegation of authority at 49 CFR 1.50.
(Pub. L. 96–354, 5 U.S.C. 601–612) be submitted to NHTSA. Accordingly,
requires an agency to review regulations this action does not require an ■ 2. Amend § 1327.3 by redesignating
to assess their impact on small entities assessment under this law. paragraphs (o) through (y) as paragraphs

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Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 52299

(p) through (z) and by inserting new consent was signed and dated by the § 1327.7 Procedures for NDR information
paragraph (o) to read as follows: individual or the individual’s legal requests.
representative, specifically stated that (a) To initiate an NDR file check, an
§ 1327.3 Definitions. the authorization is valid only for the individual who is employed or seeking
* * * * * duration of the personnel security employment as a motor vehicle
(o) Personnel security investigation investigation, and specifically stated operator; who has applied for or
means an investigation of an individual that it is recommended, but not received an airman’s certificate; who is
for the purpose of assisting in the required, that the authorized recipient employed or seeking employment as a
determination of the eligibility of the of the information verify matches with locomotive operator; who holds or has
individual for access to national the State of Record. applied for a license, certificate of
security information under the authority (3) The chief driver licensing official registry, or a merchant mariner’s
of Executive Order No. 12968, or any shall provide to the authorized user a document or is an officer, chief warrant
successor Executive order, or for Federal response indicating either Probable officer, or enlisted member of the U.S.
employment in a position requiring Identification (match) or No Record Coast Guard or Coast Guard Reserve; or
access to national security information Found. In the case of probable who is seeking employment as pilot
under the authority of Executive Order identification, the State of Record will with an air carrier; or an individual
No. 10450, or any successor Executive also be included in the response so that subject to a personnel security
order. the Federal department or agency may investigation; shall either:
* * * * * obtain additional information regarding * * * * *
■ 3. Amend § 1327.5 by redesignating the individual’s driving record. (d) * * *
paragraph (d) as (e) and by inserting * * * * * * * * * *
new paragraph (d) to read as follows: ■ 4. Amend § 1327.6 by redesignating (4) Specifically state that the
§ 1327.5 Conditions for becoming a paragraphs (h) through (i) as paragraphs authorization is valid for only one
participating State. (i) through (j) and by inserting new search of the NDR (or in the case of a
* * * * * paragraph (h) to read as follows: personnel security investigation state
(d) Personnel security investigations. that the authorization is valid only for
§ 1327.6 Conditions and procedures for
The chief driver licensing official of a other authorized users of the NDR.
the duration of the investigation); and
participating State shall provide for and (5) Except for inquiries concerning
* * * * * personnel security investigations,
establish routine procedures and forms (h) Federal departments or agencies
to accept requests for NDR file checks specifically state that the NDR identifies
conducting personnel security probable matches that require further
from individuals subject to personnel investigations. (1) To initiate an NDR
security investigations and from Federal inquiry for verification; that it is
file check, an individual who has or is recommended, but not required, that the
departments or agencies that are seeking access to national security
authorized to perform personnel employer/prospective employer verify
information for purposes of Executive matches with the State of Record; and
security investigations. These Order No. 12968, or any successor
authorized users may receive that individuals have the right to
Executive order, or an individual who is request records regarding themselves
information from the NDR file through being investigated for Federal
participating States. from the NDR to verify their accuracy.
employment under authority of
(1) The procedures or forms Issued on: August 26, 2005.
Executive Order No. 10450, or any
developed by the chief driver licensing Jeffrey W. Runge,
successor Executive order shall follow
official to facilitate NDR searches for
the procedures specified in § 1327.7 Administrator.
these authorized users shall provide for (2) Upon receipt of the NDR [FR Doc. 05–17464 Filed 9–1–05; 8:45 am]
the request to be made by the individual information, the Federal department or BILLING CODE 4910–59–P
or by the Federal department or agency agency should make information from
if the individual first consented to the the State of Record available to the
search in writing. Any request to the individual for review and comment.
chief driver licensing official and any DEPARTMENT OF THE TREASURY
(3) In the case of a match (probable
written consent by the individual shall: identification), the Federal department Internal Revenue Service
(i) State that NDR records are to be or agency conducting the personnel
released; security investigation should obtain the
(ii) Specifically state who is 26 CFR Part 1
substantive data relating to the record
authorized to receive the records; [TD 9224]
from the State of Record and verify that
(iii) Be signed and dated by the
the person named on the probable RIN 1545–BD17
individual or individual’s legal
identification is in fact the individual
representative; Updating Estimated Income Tax
(iv) Specifically state that the concerned before using the information
as the basis for any action against the Regulations Under Section 6654
authorization is valid only for the
duration of the personnel security individual. AGENCY: Internal Revenue Service (IRS),
(4) A Federal department or agency Treasury.
investigation; and
(v) Specifically state that it is that receives information about an
individual under this section may use ACTION: Final regulations.
recommended, but not required, that the
authorized recipient of the information such information only for purposes of SUMMARY: This document contains final
verify matches with the State of Record. the authorized investigation and only in regulations relating to certain changes
(2) Any request made by a Federal accordance with applicable law. made to the law by the Tax Reform Act
department or agency may include, in * * * * * of 1984. These final regulations are
lieu of the actual information described ■ 5. Amend § 1327.7 by revising necessary to update, clarify, and
in paragraphs (d)(1)(i) (C) through (E) of paragraphs (a) introductory text, (d)(4), reorganize the rules and procedures for
this section, a certification that a written and (d)(5) to read as follows: making payments of estimated income

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