Proposed Rule2026-09943
Fees for Commercial Driver's License Information System
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 18, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA proposes to implement a user fee as authorized by Congress in the "Strengthening the Commercial Driver's License Information System Act" applicable to State driver licensing agencies (SDLAs) for accessing the Commercial Driver's License Information System (CDLIS). The fees would be collected by the American Association of Motor Vehicle Administrators (AAMVA), the organization that represents the State agencies responsible for complying with the Federal regulations concerning the commercial driver's license (CDL) program. AAMVA operates and maintains CDLIS on behalf of FMCSA.
Full Text
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<title>Federal Register, Volume 91 Issue 95 (Monday, May 18, 2026)</title>
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[Federal Register Volume 91, Number 95 (Monday, May 18, 2026)]
[Proposed Rules]
[Pages 28514-28520]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09943]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 384
[Docket No. FMCSA-2025-0099]
RIN 2126-AC78
Fees for Commercial Driver's License Information System
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FMCSA proposes to implement a user fee as authorized by
Congress in the ``Strengthening the Commercial Driver's License
Information System Act'' applicable to State driver licensing agencies
(SDLAs) for accessing the Commercial Driver's License Information
System (CDLIS). The fees would be collected by the American Association
of Motor Vehicle Administrators (AAMVA), the organization that
represents the State agencies responsible for complying with the
Federal regulations concerning the commercial driver's license (CDL)
program. AAMVA operates and maintains CDLIS on behalf of FMCSA.
DATES: Comments must be received on or before June 17, 2026.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0099 using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/docket/FMCSA-2025-0099/document">https://www.regulations.gov/docket/FMCSA-2025-0099/document</a>. Follow the online
instructions for submitting comments.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, W58-213, Washington, DC
20590-0001.
<bullet> Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, W58-213,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
<bullet> Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Patrick D. Nemons, Director, Office of
Safety Programs, FMCSA, 1200 New Jersey Avenue SE, Washington, DC
20590-0001; (202) 385-2400; <a href="/cdn-cgi/l/email-protection#3f4f5e4b4d565c5411515a5250514c7f5b504b11585049"><span class="__cf_email__" data-cfemail="dbabbaafa9b2b8b0f5b5beb6b4b5a89bbfb4aff5bcb4ad">[email protected]</span></a>. If you have
questions on viewing or submitting material to the docket, call Dockets
Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
FMCSA organizes this NPRM as follows:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy
II. Abbreviations
III. Legal Basis
IV. Background
V. Discussion of Proposed Rulemaking
VI. Section-by-Section Analysis
VII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
[[Page 28515]]
C. Advance Notice of Proposed Rulemaking
D. Regulatory Flexibility Act
E. Assistance for Small Entities
F. Unfunded Mandates Reform Act of 1995
G. Paperwork Reduction Act
H. E.O. 13132 (Federalism)
I. Privacy
J. E.O. 13175 (Indian Tribal Governments)
K. National Environmental Policy Act of 1969
L. Rulemaking Summary
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
NPRM (FMCSA-2025-0099), indicate the specific section of this document
to which your comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to <a href="https://www.regulations.gov/docket/FMCSA-2025-0099/document">https://www.regulations.gov/docket/FMCSA-2025-0099/document</a>, click on this NPRM, click ``Comment,''
and type your comment into the text box on the following screen.
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.
FMCSA will consider all comments and material received during the
comment period.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the 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 the NPRM, it is
important that you clearly designate the submitted comments as
CBI.Please mark each page of your submission that constitutes CBI as
``PROPIN'' to indicate it contains proprietary information. FMCSA will
treat such marked submissions as confidential under the Freedom of
Information Act, and they will not be placed in the public docket of
the NPRM. Submissions containing CBI should be sent to Brian Dahlin,
Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590-0001 or via email at
<a href="/cdn-cgi/l/email-protection#c5a7b7aca4abeba2eba1a4ada9acab85a1aab1eba2aab3"><span class="__cf_email__" data-cfemail="2745554e464909400943464f4b4e496743485309404851">[email protected]</span></a>. At this time, you need not send a duplicate
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any
comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this rulemaking.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2025-0099/document">https://www.regulations.gov/docket/FMCSA-2025-0099/document</a> and
choose the document to review. To view comments, click this NPRM, then
click ``Document Comments.'' If you do not have access to the internet,
you may view the docket online by visiting Dockets Operations in room
W58-213 of the DOT West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
C. Privacy
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to inform its regulatory process better. DOT posts these
comments, including any personal information the commenter provides, to
<a href="http://www.regulations.gov">www.regulations.gov</a> as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed
at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. The comments are posted without edits and are
searchable by the name of the submitter.
II. Abbreviations
AAMVA American Association of Motor Vehicle Administrators
ANPRM Advance notice of proposed rulemaking
CE Categorical Exclusion
CDL Commercial driver's license
CDLIS Commercial Driver's License Information System
CFR Code of Federal Regulations
CMV Commercial motor vehicle
DOT Department of Transportation
E.O. Executive Order
FMCSA Federal Motor Carrier Safety Administration
FR Federal Register
MPR Master Pointer Record
NPRM Notice of proposed rulemaking
PIA Privacy Impact Analysis
PTA Privacy Threshold Analysis
SDLA State driver licensing agency
SOI State of Inquiry
SORN System of records notice
SOR State of Record
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code
III. Legal Basis
Congress authorized this action when it amended 49 U.S.C. 31309 in
December 2024, through passage of the ``Strengthening the Commercial
Driver's License Information System Act'' (Pub. L. 118-156, section
2(a), Dec. 17, 2024, 138 Stat. 1716). This Act clarified that the
Secretary of Transportation (the Secretary) or a qualified entity could
operate CDLIS, and also expressly authorized the collection and use of
a fee either by the Secretary or the authorized operator for
``operating, maintaining, developing, modernizing, or enhancing, or any
other use relating to, the information system, including for personnel
and administration costs relating to the information system,'' (Pub. L.
118-156, section 2(a)(6), codified at 49 U.S.C. 31309(e)(3)(B)).
Congress did not set the fee; rather, the revised statute states that
``The total amount of fees collected under this subsection shall equal,
as nearly as possible, the total amount necessary for the purposes and
uses described in paragraph (3)(B),'' (Pub. L. 118-156, section
2(a)(6), codified at section 31309(e)(2)).
The Secretary delegated authority to the FMCSA Administrator to
implement chapter 313 of title 49 relating to commercial motor vehicle
(CMV) operators in 49 CFR 1.87(e)(1).
IV. Background
CDLIS is a nationwide computer system that enables SDLAs to ensure
each CDL holder has only one driver's license and one complete driver
record.\1\ SDLAs use CDLIS to complete CDL procedures, such as
transmitting out-of-state convictions and withdrawals, transferring the
driver record when a CDL holder moves to another State, and responding
to requests for driver status and history.
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\1\ Under 49 CFR 383.21, ``no person who operates a commercial
motor vehicle shall at any time have more than one driver's
license.''
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CDLIS was established pursuant to the Commercial Motor Vehicle
Safety Act of 1986 and FMCSA has promulgated regulations governing the
CDLIS in 49 CFR parts 383 and 384. These regulations aim to ensure that
only safe and qualified drivers operate CMVs, as defined in 49 U.S.C.
31301and the implementing regulations under 49 CFR part 383.
After CDLIS was operational in the early 1990s, the Federal Highway
[[Page 28516]]
Administration (and later FMCSA) allowed AAMVA, who operates CDLIS, to
collect user fees to operate and maintain the system. Regulations
implementing the CDLIS statutory framework (49 U.S.C. 31309) were first
promulgated in 1994, (59 FR 26029) and the statute provided the
Secretary with discretion to establish a fee for using ``the system''
(i.e., CDLIS) and required all collected fees to be deposited into the
Highway Trust Fund. In 2004, the Government Accountability Office
issued a fiscal law opinion providing guidance that would have required
FMCSA, under the codified statutory language, to deposit any fees
collected into the Highway Trust Fund.\2\ However, under SAFETEA-LU,
enacted in fiscal year 2005, Congress authorized CDLIS Modernization
Grants for fiscal years 2006 to 2009, which provided FMCSA the ability,
under then OMB Circular A-110 \3\ to allow AAMVA, on FMCSA's behalf, to
collect CDLIS user fees as ``program income'' during the periods of
performance of the four CDLIS Modernization Grants awarded to AAMVA.\4\
``Program income'' included income earned ``during the project
period,'' i.e., the period of performance of the CDLIS Modernization
Grants.\5\
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\2\ ``SBA's Imposition of Oversight Review Fees on PLP
Lenders,'' B-300248 (2004), available at <a href="https://www.gao.gov/products/b-300248">https://www.gao.gov/products/b-300248</a>. Though the opinion was focused on the Small
Business Administration, the guidance was applicable to other
Executive Branch Agencies.
\3\ OMB Circular A-110, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education,
Hospitals, and Other Non-Profit Organizations (Oct. 8, 1999),
available at: <a href="https://www.govinfo.gov/content/pkg/FR-1999-10-08/pdf/99-OMB">https://www.govinfo.gov/content/pkg/FR-1999-10-08/pdf/99-OMB</a>. Circular A-110 has since been superseded by 2 CFR part 200.
\4\ Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for Users, Public Law 109-59, sec. 4123, 119 Stat.
1144 (Aug. 10, 2005).
\5\ OMB Circular A-110, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education,
Hospitals, and Other Non-Profit Organizations (Oct. 8, 1999),
available at: <a href="https://www.govinfo.gov/content/pkg/FR-1999-10-08/pdf/99-26264.pdf">https://www.govinfo.gov/content/pkg/FR-1999-10-08/pdf/99-26264.pdf</a>. FMCSA was not relying on 49 U.S.C. 31309, but rather
SAFETEA-LU and program income, to allow AAMVA to charge fees. The
DOT Office of Inspector General audited this practice and supported
FMCSA's approach at the time-that the fees collected under the
grants were to be considered ``program income.'' ``Use of Income
Derived from the Commercial Driver's License Information System or
Modernization,'' Report No. MH-2008-059 (July 10, 2008), available
at <a href="https://www.oig.dot.gov/sites/default/files/00CDLIS_Final_7-30-2009.pdf">https://www.oig.dot.gov/sites/default/files/00CDLIS_Final_7-30-2009.pdf</a>.
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Congress has not authorized any new grants that would have allowed
AAMVA to continue collecting program income to maintain CDLIS.
Subsequent to the final CDLIS modernization grant ending, FMCSA
directed AAMVA to terminate collecting program income on October 1,
2023. Currently, AAMVA is using previously collected program income to
operate CDLIS, as well as funds provided by FMCSA through grants and
contract support. However, once AAMVA depletes their previously
collected funds, all funding would need to be provided by the Federal
Government unless user fees can be implemented. FMCSA directs readers
to the AAMVA memo to FMCSA that is dated June 18, 2025, which is
available in the docket for this rulemaking, and which includes
estimates on the costs for operating CDLIS.
In December 2024, Congress amended 49 U.S.C. 31309 in several ways.
First, Congress expressly authorized the Secretary to permit a
qualified entity to operate CDLIS. Congress also specifically allowed
for the collection and use of a fee either by the Secretary or the
authorized operator for the ``operating, maintaining, developing,
modernizing, or enhancing, or any other use relating to, the
information system, including for personnel and administration costs
relating to the information system,'' (Pub. L. 118-156, section
2(a)(6), codified at 49 U.S.C. 31309(e)(3)(B)). Congress did not set
the fee; rather, the revised statute states that ``[t]he total amount
of fees collected under this subsection shall equal, as nearly as
possible, the total amount necessary for the purposes and uses
described in paragraph (3)(B),'' (Pub. L. 118-156, section 2(a)(6),
codified at section 31309(e)(2)).
V. Discussion of Proposed Rulemaking
CDLIS consists of a central site and nodes for all 51 SDLAs (50
States and the District of Columbia), interconnected on AAMVA's
proprietary, secure network. The central site stores identification
data about each commercial driver registered in the jurisdictions, such
as: name, date of birth, last five digits of the Social Security
number, State driver's license number and ``also known as'' information
(i.e., former/previous names), and/or previous State driver's license
numbers. The information at the central site constitutes a driver's
unique CDLIS Master Pointer Record (MPR). The jurisdiction nodes store
the driver history records, which include driver identification
information, license information, history of convictions, and history
of withdrawals for each commercial driver licensed by the particular
State.
When a jurisdiction, such as an SDLA, queries the CDLIS Central
Site to obtain information about an applicant prior to issuing a CDL,
the CDLIS Central Site compares data provided by the State of Inquiry
(SOI) against all MPRs at the central site. If one or more matches are
returned, then the CDLIS Central Site ``points'' the SOI to the State
of Record (SOR), where more detailed information about the driver's
commercial driving history is found. When a jurisdiction convicts or
withdraws an out-of-state commercial driver who holds a CDL, the State
of Conviction or State of Withdrawal transmits the relevant conviction
or withdrawal information to the driver's SOR through the CDLIS Central
Site, using the MPR.
In the past, AAMVA used a combination of fees to offset the costs
of operating the system. CDLIS maintenance fees were used to cover the
cost of the central site support and maintenance, leased line services
and support, Network Control Software, the AAMVA help desk, AAMVA's
CDLIS development and testing, and AAMVA's CDLIS staff and contractors.
AAMVA's CDLIS maintenance fee, when last charged to each State, was
$0.33 for each MPR record on CDLIS owned by the particular State. Each
State was charged monthly, paying \1/12\ of the annual fee (with the
annual fee being recalculated for each monthly billing cycle).
In addition to the maintenance fees, AAMVA charged transaction
fees. When States, the Federal Government, or third parties (such as
motor carrier employers) queried CDLIS, they were charged a fee to
cover the operations cost of that transaction. These fees varied
depending upon how many transactions were made per month, such that
entities with a higher volume of queries fell into a higher ``tier''
and were charged a lower per-transaction fee. FMCSA paid the fees for
Federal, State, and local law enforcement transactions, through a
combination of grants and contracts. Moving forward, FMCSA would not
continue to pay these transaction fees, as the 2024 statute explicitly
states that DOT (and by extension FMCSA) may not be charged a fee for
access to, use of, or data in the CDLIS.
Transaction fees for States and the Federal Government would be
rolled into the proposed user fee. However, the transaction fees for
third-party users would be paid by those third parties. Because they
are not required to use CDLIS, those user fees need not be set via
rulemaking. Thus, AAMVA estimated the percentage of transactions
attributable to third parties based on historical CDLIS usage data and
considered those transactions when estimating the fee to be charged to
States. AAMVA expects to incur annual CDLIS-related costs of
approximately
[[Page 28517]]
$10.9 million per year and anticipates that fees from States will
recover approximately $9.6 million per year. The remainder will be
recovered from fees assessed to third parties. This NPRM proposes the
user fee to be charged to each State as a percent rate of the total
number of MPRs owned by each State. As explained in the fee analysis
later in this preamble, this proposed MPR fee has been calculated to
recover, as closely as possible, all costs associated with CDLIS,
including ``operating, maintaining, developing, modernizing, or
enhancing, or any other use relating to, the information system,
including for personnel and administration costs relating to the
information system,'' \6\ less the expected income from fees assessed
to third parties. The proposed fee of $0.52 annually (or approximately
$0.043 per month) is higher than the last charged fee. FMCSA would
oversee the amount of fees collected from the States and third parties
to ensure that the total fees collected by AAMVA are solely used for
the benefit of CDLIS and to determine whether, at any point, another
rulemaking will be necessary to adjust the fees to match the costs
associated with CDLIS.
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\6\ 49 U.S.C. 31309(e)(3)(B).
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FMCSA used information provided by AAMVA to calculate the proposed
user fee. This analysis can be found in the ``Regulatory Analysis''
section of this NPRM and the information provided by AAMVA is available
in the docket for this rulemaking. As a result of this analysis, this
NPRM proposes that for an initial period of 6 months, AAMVA would
charge States a user fee calculated using the same rate used when user
fees were last charged in 2024, namely $0.33 per MPR. During this time,
FMCSA would continue to supplement the user fees under the terms of its
contract with AAMVA. This contract runs from August 1, 2025, with an
option for FMCSA to renew for a full year on August 1, 2026, and
additional three-month options beginning on August 1, 2027, and
continuing through to a final three-month option on May 1, 2028. This
dual payment system would only be in place long enough to allow AAMVA
to accumulate a portion of their annual costs to operate, maintain,
develop, modernize, and enhance CDLIS up to $5.45 million. FMCSA is
proposing to allow AAMVA to collect this emergency fund in order to
ensure there is no lapse in funding should an unexpected expense occur.
After this initial period, once FMCSA's contract support is over, AAMVA
would charge the States an annual user fee of $0.52 per MPR, unless and
until a different fee is established via a later rulemaking. As in the
past, AAMVA intends to invoice the States monthly, with each monthly
fee calculated as 1/12 of the annual fee (or roughly $0.043 per MPR).
FMCSA seeks to establish the user fee expeditiously to lessen
FMCSA's required financial assistance to CDLIS (under the contract
referenced above) and to implement fully Congress's 2024 modifications
to the statutory requirements of the CDLIS. As such, the potential
effective dates included in this proposal align with FMCSA's option
periods during the last year of its CDLIS support contract with AAMVA.
FMCSA intends to include as the effective date the earliest option
period available when it issues a final rule, so long as that date will
provide States with enough time to prepare for the expense.
FMCSA seeks input on this proposed fee structure. When you respond,
please include the number of the question and the reasoning for your
response.
1. Since States have not paid CDLIS fees since 2024, FMCSA seeks
information on how quickly the States could resume paying fees, either
at the previous 2024 rate of $0.33 per MPR or the new proposed rate of
$0.52 per MPR.
2. Should FMCSA align the implementation dates with the Federal
fiscal year? Which State fiscal years align with the Federal fiscal
year, which runs from October through September? Would it be a hardship
for States if the CDLIS fee changed in the middle of their fiscal year?
3. Based on the information provided by AAMVA, available in the
docket and summarized in this rulemaking, would interested parties
benefit from additional detail regarding the administration of CDLIS
and its costs in order to provide more effective comments on the
proposed fees? If so, what additional information would be beneficial?
VI. Section-By-Section Analysis
This section-by-section analysis describes the proposed changes in
numerical order. This NPRM proposes the addition of a new section
384.237, which would establish the user fees to be paid by States
required to use CDLIS under the provisions in that part.
Paragraph (a) would set the fee, based on the number of master
pointer records attributed to each State in CDLIS. Paragraph (a)(1)
would propose a lower fee for an initial 6-month period; paragraph
(a)(2) would set the fee for the period after the initial period
defined in paragraph (a)(1). Paragraph (b) would explicitly allow for
the fee in paragraph (a) to include, as part of its calculation, the
collection of fees to be used toward information technology development
and modernization.
VII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and
DOT Rulemaking Procedures
FMCSA has considered the impact of this NPRM under E.O. 12866 (58
FR 51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT
Rulemaking Procedures, 49 CFR part 5, subpart B. The Office of
Management and Budget (OMB) determined that this NPRM is not a
significant regulatory action under section 3(f) of E.O. 12866 and has
not reviewed it under that E.O.
This NPRM proposes user fees for States required to use CDLIS in 49
CFR part 384. User fees are not considered costs but rather are
transfers per OMB guidance on E.O. 12866.\7\ There are no other costs
associated with this NPRM.
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\7\ Circular A-4, Regulatory Analysis (68 FR 58366, Oct 9,
2003).
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In order to develop the appropriate user fees to be included in the
NPRM, FMCSA reviewed information, provided by AAMVA, detailing the
costs of operating and maintaining CDLIS, to include future
modernization of the system, which is available in the docket for this
rulemaking. FMCSA also took into consideration the fees previously
charged by AAMVA. What follows is a summary of the fee assessment.
Historically, AAMVA charged States between $0.33 and $1.00 per MPR,
as they worked to determine the appropriate fee amount for cost
recovery. The costs of building and maintaining CDLIS have changed over
the years, as has the percentage of costs covered by the States. In
addition, the statute now allows for the collection of fees to cover
modernization, which was not included in prior fees. Based on the count
of MPRs per State in January of 2025, the monthly fee would range from
$571 (DC) to $73,392 (CA and TX). Table 1 provides a complete list of
the distribution of CDLIS fees by State, based on 2025 MPR counts. The
following summary discusses current costs and MPR data used to develop
the $0.52 per MPR fee included in this NPRM.
[[Page 28518]]
Table 1--Distribution of CDLIS Fee by State, as of January 2025
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Percent of Percent of Percent of
State CDLIS MPRs Monthly fee total State CDLIS MPRs Monthly fee total State CDLIS MPRs Monthly fee total
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AK.............................. 64,177 $2,801 0.4 KY................. 225,234 $9,829 1.3 NY................ 963,752 $42,058 5.6
AL.............................. 238,063 10,389 1.4 LA................. 284,020 12,395 1.7 OH................ 809,948 35,346 4.7
AR.............................. 251,466 10,974 1.5 MA................. 298,748 13,037 1.7 OK................ 237,688 10,373 1.4
AZ.............................. 402,167 17,550 2.3 MD................. 206,170 8,997 1.2 OR................ 222,900 9,727 1.3
CA.............................. 1,681,772 73,392 9.8 ME................. 78,537 3,427 0.5 PA................ 736,421 32,137 4.3
CO.............................. 325,273 14,195 1.9 MI................. 370,209 16,156 2.2 RI................ 27,595 1,204 0.2
CT.............................. 109,900 4,796 0.6 MN................. 316,902 13,830 1.8 SC................ 301,438 13,155 1.8
DC.............................. 13,088 571 0.1 MO................. 436,642 19,055 2.5 SD................ 87,430 3,815 0.5
DE.............................. 68,385 2,984 0.4 MS................. 191,343 8,350 1.1 TN................ 298,714 13,036 1.7
FL.............................. 1,088,315 47,494 6.3 MT................. 87,576 3,822 0.5 TX................ 1,678,054 73,230 9.8
GA.............................. 480,740 20,979 2.8 NC................. 772,448 33,709 4.5 UT................ 183,551 8,010 1.1
HI.............................. 39,952 1,743 0.2 ND................. 71,094 3,103 0.4 VA................ 432,138 18,858 2.5
IA.............................. 224,881 9,814 1.3 NE................. 114,804 5,010 0.7 VT................ 36,839 1,608 0.2
ID.............................. 147,510 6,437 0.9 NH................. 44,512 1,942 0.3 WA................ 317,972 13,876 1.9
IL.............................. 426,735 18,623 2.5 NJ................. 434,339 18,954 2.5 WI................ 320,935 14,006 1.9
IN.............................. 371,391 16,207 2.2 NM................. 125,235 5,465 0.7 WV................ 85,017 3,710 0.5
KS.............................. 199,789 8,719 1.2 NV................. 147,285 6,427 0.9 WY................ 70,930 3,095 0.4
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AAMVA incurs annual CDLIS-related costs of approximately $10.9
million per year and anticipates that fees from States will recover
approximately $9.6 million per year. The remainder will be recovered
from fees assessed to third parties, which are not handled via
rulemaking. The annual costs for CDLIS include operations and
maintenance (65 percent), administration (6 percent), and development
and modernization (29 percent). Because these costs include an
allowance for development and modernization, it is likely that they
will accumulate over time, and then be spent down during future updates
or modernizations. In the meantime, AAMVA has requested that it be
allowed to accumulate a reserve fund for emergencies quickly, roughly
equal to six months of its annual costs, which would equal $5.45
million (half of $10.9 million per year).
FMCSA calculates the $0.52 per MPR fee by dividing the $9,604,767
in State-covered costs by the 18,340,985 individual MPRs in CDLIS.
AAMVA intends to invoice the States monthly, and the annual fee is
therefore divided by 12 to estimate a monthly fee of 1/12 the annual
fee, which roughly amounts to $0.043 per MPR. FMCSA would exercise
oversight of AAMVA's implementation of the user fee and would review
the fee and associated inputs on a regular basis to determine if the
fee should be adjusted by another rulemaking.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192, Unleashing Prosperity Through Deregulation, was issued
on January 31, 2025 (90 FR 9065, Jan. 31, 2025). E.O. 14192 requires
that, for every one new regulation issued by an Agency, at least ten
prior regulations be identified for elimination, and that the cost of
planned regulations be prudently managed and controlled through a
budgeting process. OMB issued final implementation guidance addressing
the requirements of E.O. 14192 on March 26, 2025.\8\
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\8\ M-25-20 Guidance Implementing Section 3 of Executive Order
14192, Titled ``Unleashing Prosperity Through Deregulation.''
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This rulemaking would establish a user fee, which is not considered
a cost. Therefore, this rulemaking would qualify as neither an E.O.
14192 regulatory or deregulatory action and would not require any
offsetting regulatory actions.
C. Advance Notice of Proposed Rulemaking
Under 49 U.S.C. 31136(g), FMCSA is required to publish an advance
notice of proposed rulemaking (ANPRM) or proceed with a negotiated
rulemaking if a proposed safety rule ``under this part'' \9\ is likely
to lead to the promulgation of a major rule.\10\ As this rulemaking is
not likely to result in the promulgation of a major rule, the Agency is
not required to issue an ANPRM or to proceed with a negotiated
rulemaking.
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\9\ Part B of Subtitle VI of Title 49, U.S.C., i.e., 49 U.S.C.
chapters 311-317.
\10\ A major rule means any rule that 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, geographic regions, Federal,
State, or local government agencies; or (c) significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export
markets (5 U.S.C. 804(2)).
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D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\11\
requires Federal agencies to consider the effects of the regulatory
action on small businesses 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 any adverse effects on these businesses.
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\11\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
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This NPRM would impact States, which do not qualify as small
entities. Consequently, I certify that the proposed action would not
have a significant economic impact on a substantial number of small
entities.
E. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857),
FMCSA wants to assist small entities in understanding this proposed
rule so they can better evaluate its effects on themselves and
participate in the rulemaking initiative. If the rulemaking would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please consult the person listed under FOR FURTHER
INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's
[[Page 28519]]
Small Business and Agriculture Regulatory Enforcement Ombudsman (Office
of the National Ombudsman, see <a href="https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman">https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman</a>) and the Regional Small Business
Regulatory Fairness Boards. The Ombudsman evaluates these actions
annually and rates each agency's responsiveness to small businesses. If
you wish to comment on actions by employees of FMCSA, call 1-888-REG-
FAIR (1-888-734-3247). DOT has a policy regarding the rights of small
entities to regulatory enforcement fairness and an explicit policy
against retaliation for exercising these rights.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) 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 $206 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2024 levels) or more in any one year. Though this rulemaking would not
result in such an expenditure, and the analytical requirements of UMRA
do not apply as a result, the Agency discusses the effects of this
rulemaking elsewhere in this preamble.
G. Paperwork Reduction Act
This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
H. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
FMCSA analyzed this proposed rule and determined that it has
implications for federalism. A summary of the impact of federalism on
this rule follows.
Under this rulemaking, States will be required to pay user fees to
use CDLIS, a system they are required to use under 49 CFR parts 383 and
384. This represents a direct effect on the States, as well as a direct
cost of compliance. As a result, FMCSA contacted the following
organizations and offered to engage in federalism consultations with
representatives from the States: AAMVA, the Commercial Vehicle Safety
Alliance, the National Governors Association, and the National
Conference of State Legislatures. Copies of these letters can be found
in the docket for this rulemaking. FMCSA did not receive request(s) for
consultation on the proposals. As such, FMCSA has determined that no
further federalism analysis is warranted at this time.
I. Privacy
The Consolidated Appropriations Act, 2005 \12\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This NPRM would not require the collection of
personally identifiable information.
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\12\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 8, 2004).
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The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program. The
Agency submitted 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 has
been submitted to FMCSA's Privacy Officer for review and preliminary
adjudication and will be submitted to DOT's Privacy Officer for review
and final adjudication.
In addition, The E-Government Act of 2002,\13\ requires Federal
agencies to conduct a Privacy Impact Assessment (PIA) for new or
substantially changed technology that collects, maintains, or
disseminates information in an identifiable form. This rulemaking would
not impact technology that collects, maintains, or disseminates
information.
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\13\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec.
17, 2002).
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J. E.O. 13175 (Indian Tribal Governments)
This rulemaking 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
Tribe, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
K. National Environmental Policy Act of 1969
FMCSA analyzed this proposed rule pursuant to 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 DOT Order 5610.1D,\14\ Subpart B, subsection e,
paragraphs (6)(d), (6)(s), and (6)(t). The categorical exclusions (CEs)
in these paragraphs cover regulations concerning the following topics:
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\14\ Available at <a href="https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts">https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts</a>.
.
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(6)(d): the training, qualifying, licensing, certifying, and
managing of personnel;
(6)(s): the reduction or prevention of truck and bus accidents,
fatalities, and injuries by requiring drivers to have a single
commercial motor vehicle driver's license; and
(6)(t): ensuring that States comply with the provisions of the
Commercial Motor Vehicle Safety Act of 1986 by . . . (2) having the
appropriate laws, regulations, programs, policies, procedures and
information systems concerning the qualification and licensing of
persons who apply for a commercial driver's license, and persons who
are issued a commercial driver's license.
The proposed fee schedule for States querying CDLIS is covered by
these CEs, as the CDLIS queries are made in the course of licensing CMV
drivers.
L. Rulemaking Summary
As required by 5 U.S.C. 553(b)(4), a summary of this rule can be
found in the Abstract section of the Department's Unified Agenda entry
for this rulemaking at <a href="https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=2126-AC78">https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=2126-AC78</a>.
List of Subjects in 49 CFR Part 384
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
Accordingly, FMCSA proposes to revise 49 CFR chapter III, part 384
to read as follows:
PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
0
1. 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. 106-159, 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.
0
2. Part 384 is amended by adding a new section 384.237 to read as
follows:
[[Page 28520]]
Sec. 384.237 Commercial Driver's License Information System User
Fees.
(a) States must pay a user fee to the authorized operator of the
Commercial Driver's License Information System (CDLIS), to be
calculated according to the number of master pointer records (MPR)
associated with each State in CDLIS each month.
(1) Beginning August 1, 2027, the annual fee will be $0.33 per MPR.
(2) Beginning February 1, 2028, the annual fee will be $0.52 per
MPR.
(b) The calculation of the fee in paragraph (a) may include costs
for operating, maintaining, developing, modernizing, enhancing, or any
other use relating to, CDLIS, including for personnel and
administration costs relating to the information system.
Issued under authority delegated in 49 CFR 1.87.
Derek D. Barrs,
Administrator.
[FR Doc. 2026-09943 Filed 5-15-26; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on May 18, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.