Non-Substantive Change for EO 14168 Justification

Non-Substantive Change Request

OMB Control Number: 2127-0001

National Driver Register

Date Submitted: March 17, 2025

Summary of Request

The Department of Transportation, National Highway Traffic Safety Administration, is requesting a non-substantive change request to revise information sent by States to align with Executive Order (EO) 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. There is no change to the burden.

Description of Changes Requested

The National Driver Register (NDR) is responsible for the Problem Driver Pointer System (PDPS) that contains information on individuals whose privilege to operate a motor vehicle has been revoked, suspended, canceled, or denied or who have been convicted of serious traffic-related offenses. All States and the District of Columbia check PDPS prior to the issuance or renewal of a driver’s license. Federal Motor Carrier Safety Administration (FMCSA) regulation mandates a PDPS check before a commercial driver license is issued, and United States Marine Corps (USMC), United States Coast Guard (USCG), and Federal Aviation Administration (FAA) also conduct PDPS checks. PDPS is a designated Tier-1 High-Value Asset, a Federal Information Security Modernization Act (FISMA) High system, and a major investment for DOT.

Prior to 2017, the PDPS “Sex” element contained three attributes: “0/Unknown,” “1/Male,” and “2/Female.” At States’ request NDR added a fourth attribute, “9/Unspecified,” to the PDPS “Sex” element in 2017 to accommodate States that offered additional “Sex” attribute options in their driver licensing. 27 States use the ‘Unspecified’ sex attribute in the driver licensing and ~9,300 of the 50 million PDPS pointers currently have the “9/Unspecified” attribute.

Executive Order 14168 “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” was published 1/20/25 with OIRA releasing additional guidance 2/11/25, generally specifying that a “Sex” data element should have only two attributes, “male” and “female.”

To comply with the EO, NDR proposes to change all existing records coded “9” to “0” and amending PDPS to reject any new Add/Update record submissions containing Sex Code “9.” States will then have to resubmit using one of the acceptable attribute codes in order for the submission to be accepted.

Beyond the above scenario, there are also additional circumstances in which sex data is not available to States submitting records to the PDPS. To protect the accuracy and integrity of the data to the greatest extent possible, NDR is seeking permission to retain the “0/Unknown” attribute per OIRA’s 2/11/25 “Guidance on Implementing Section 3(e) of Executive Order 14168 in Accordance with the Paperwork Reduction Act and the Privacy Act.”

Description of Changes to Burden

There is no change to the burden.

Table 1. Description of Changes

Form(s)	Type of Change	Question/Item	Requested Change
- Supporting Statements: Part A - Supporting Statement: Part B	None	N/A	N/A