7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
Federal Commercial Motor Vehicle regulations at 49 C.F.R. parts 383, 384 and parts 390 to 397 regulate issuance of CDL licenses. 49 C.F.R. 383.23 (b) and 383.71 (f) allow states to issue CDL licenses to persons who are domiciled in other countries, who are legally in the United States, and who seek a CDL in this country, without considering the duration of their stay. Department of Homeland Security regulations found at 6 C.F.R. 37.11 (g) require a foreign national provide evidence of legal status in the U.S. as a condition of issuing a REAL-ID compliant driver license to a foreign national. The proposed rule would not conflict with those federal laws. The federal regulations appear to have been drafted to accommodate the type of licenses this proposed rule would allow.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The economic impact of implementing the rule is expected to be minimal. For small agri-businesses seeking to hire H2A admitted alien workers, the effect will be to provide seasonal worker-drivers that they are unable to hire in the current U.S. workforce. If they are unable to utilize H2A workers, they may have to turn to U.S. worker staffing agencies to meet their needs.
The agri-businesses report that CDL qualified drivers tend to take permanent positions with other trucking interests rather than stay in temporary positions with their businesses. Accordingly, a reliable source of drivers who are interested in temporary work is required. H2A admitted alien workers appear willing to take such temporary work.
Contact Person: Robert Combs, WisDOT Division of Motor Vehicles
4822 Madison Yards Way, Second Floor South
Madison 53705
608-266-1449
Signed this ____ day of May, 2019
________________________________________________
Craig Thompson
Secretary
State of Wisconsin Department of Transportation
