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State Compliance With Commercial Driver's License Program: Correction

American Government Special Collections Reference Desk

American Government

State Compliance With Commercial Driver's License Program: Correction

T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
June 29, 2015

[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Rules and Regulations]
[Pages 36930-36932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15906]



Federal Motor Carrier Safety Administration

49 CFR Part 384

[Docket No. FMCSA 2015-0174]
RIN 2126-AB80

State Compliance With Commercial Driver's License Program: 

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule.


SUMMARY: FMCSA corrects its regulations implementing certain provisions 
of the Moving Ahead for Progress in the 21st Century Act (MAP-21). 
FMCSA determined that an error was made in the publication of the 
October 1, 2013, MAP-21 Implementation final rule. That rule 
inadvertently deleted paragraph (c) of Sec.  384.209, Notification of 
traffic violations. This final rule is necessary to address the 
inadvertent error made to the state compliance regulations.

DATES: This final rule becomes effective on June 29, 2015.

FOR FURTHER INFORMATION CONTACT: Robert Redmond, Commercial Driver's 
License Division, Office of Safety Programs, Federal Motor Carrier 
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 
20590-0001, by telephone at (202) 366-5014 or via email at 
    If you have questions on viewing material to the docket, contact 
Docket Services, telephone (202) 366-9826.


Legal Basis

    Generally, agencies may promulgate final rules only after issuing a 
notice of proposed rulemaking (NPRM) and providing an opportunity for 
public comment under procedures required by the Administrative 
Procedure Act (APA), as provided in 5 U.S.C. 553(b) and (c). The APA, 
in 5 U.S.C. 553(b)(3)(B), provides an exception from these requirements 
when notice and public comment procedures are ``impracticable, 
unnecessary, or contrary to the public interest.'' FMCSA finds that 
notice and comment is unnecessary prior to adoption of this final rule 
because it is merely restoring an inadvertently removed, a statutorily-
required regulation. Accordingly, the Agency is performing a 
nondiscretionary, ministerial act by publishing today's final rule. 
Therefore, the Agency may adopt this rule without notice and receiving 
public comment, in accordance with the APA. For these same reasons, 
under the good cause authority found in 5 U.S.C. 553(d)(3), the rule 
will be effective upon publication.


    FMCSA determined that an error was made in the publication of the 
October 1, 2013, MAP-21 Implementation final rule. 78 FR 60226. That 
rule inadvertently deleted paragraph (c) of Sec.  384.209, Notification 
of traffic violations. As explained in the 2013 final rule, FMCSA 
intended to amend paragraphs (a) and (b) of Sec.  384.209. Paragraphs 
(a) and (b) previously required States to report a commercial driver's 
convictions to the driver's State of licensure. The 2013 amendments 
added the requirement that States report foreign commercial drivers' 
convictions to FMCSA's Federal Convictions and Withdrawal Database, in 
accordance with MAP-21 requirements. 78 FR 60227. In making that 
addition, FMCSA did not intend to remove paragraph (c), which is 
statutorily required and directed States to report the convictions 
within 10 days. See 49 U.S.C. 31311.
    Accordingly, the 10-day reporting requirement remains in effect and 
paragraph (c) should not have been removed as a part of the MAP-21 
Implementation rule. Today's final rule corrects that error by 
restoring the 10-day reporting requirement in paragraph (c). Prior to 
its inadvertent removal, paragraph (c) contained outdated references to 
the effective dates for the 10-day reporting requirement, which took 
place in 2005 and 2008. The Agency believes that this final rule 
provides an appropriate opportunity to remove those outdated 
references. Accordingly, today's final rule restores the inadvertently 
removed reporting requirement, but eliminates the obsolete effective 

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review and DOT 
Regulatory Policies and Procedures as Supplemented by E.O. 13563)

    FMCSA has determined this final rule is not a significant 
regulatory action within the meaning of Executive Order (E.O.) 12866, 
as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), or within 
the meaning of Department of Transportation Regulatory Policies and 
    As explained above, this final rule is strictly administrative in 
that it corrects the inadvertent removal of a nondiscretionary 
statutory requirement. Today's final rule will not exceed the

[[Page 36931]]

$100 million annual threshold. There are no costs attributed to this 
final rule. This final rule is not expected to generate substantial 
congressional or public interest. Therefore, a full regulatory impact 
analysis has not been conducted nor has there been a review by the 
Office of Management and Budget (OMB).

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 
601 et seq.), as amended by the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FMCSA is not 
required to prepare a final regulatory flexibility analysis under 5 
U.S.C. 604(a) for this final rule because the Agency has not issued a 
notice of proposed rulemaking prior to this action. FMCSA has 
determined that it has good cause to adopt the rule without notice and 

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities 
in understanding this final rule so that they can better evaluate its 
effects on themselves and participate in the rulemaking initiative. If 
the final rule would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult the FMCSA point of 
contact, Mr. Robert Redmond, listed in the FOR FURTHER INFORMATION 
CONTACT section of this rule.
    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 Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of FMCSA, call 
1-888-REG-FAIR (1-888-734-3247). DOT has a policy ensuring the rights 
of small entities to regulatory enforcement fairness and an explicit 
policy against retaliation for exercising these rights.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, 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 $151 million (which is the 
value equivalent of $100,000,000 in 1995, adjusted for inflation to 
2012 levels) or more in any 1 year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

Paperwork Reduction Act

    This final rule will call for no new collection of information 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) because 
it merely corrects an inadvertent error. Regardless, the notification 
requirement in 49 CFR 384.309(c) was previously approved under OMB 
Control No. 2126-0011.

E.O. 13132 (Federalism)

    A rule has implications for Federalism under Section 1(a) of 
Executive Order 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.'' As this rule merely corrects an 
inadvertent error from a previous rule, and will have no actual impact 
on any State nor limit the policymaking discretion of the States, FMCSA 
has determined that there is no federalism impact. As such, the Agency 
is not required to prepare a Federalism Assessment or Impact Statement.

E.O. 12988 (Civil Justice Reform)

    This final rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

E.O. 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies 
issuing ``economically significant'' rules, if the regulation also 
concerns an environmental health or safety risk that an agency has 
reason to believe may disproportionately affect children, to include an 
evaluation of the regulation's environmental health and safety effects 
on children. The Agency determined this final rule is not economically 
significant. Therefore, no analysis of the impacts on children is 
required. In any event, the Agency does not anticipate that this 
regulatory action could in any respect present an environmental or 
safety risk that could disproportionately affect children.

E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with E.O. 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights, and has determined it will not effect a taking of 
private property or otherwise have takings implications.


    The Consolidated Appropriations Act, 2005, (Pub. L. 108-447, 118 
Stat. 2809, 3268, 5 U.S.C. 552a note) requires the Agency to conduct a 
privacy impact assessment (PIA) of a regulation that will affect the 
privacy of individuals. This rule does not include a collection of 
personally identifiable information (PII), therefore no PIA is 
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency which receives records contained in a system 
of records from a Federal agency for use in a matching program.
    The E-Government Act of 2002, Public Law 107-347, Sec.  208, 116 
Stat. 2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct 
a PIA for new or substantially changed technology that collects, 
maintains, or disseminates information in an identifiable form. No new 
or substantially changed technology would collect, maintain, or 
disseminate information as a result of this rule. As a result, FMCSA 
has not conducted a PIA.

E.O. 12372 (Intergovernmental Review of Federal Programs)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this program.

E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this final rule under E.O. 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The Agency has determined that it is not a 
``significant energy action'' under that order because it is not a 
``significant regulatory action'' likely to have a significant adverse 
effect on the supply, distribution, or use of energy. Therefore, it 
does not require a Statement of Energy Effects under E.O. 13211.

E.O. 13175 (Indian Tribal Governments)

    This final rule 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 
tribes, on the

[[Page 36932]]

relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes.

National Technology Transfer and Advancement Act (Technical Standards)

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through OMB, with an explanation of why using these standards would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards (e.g., specifications of materials, performance, 
design, or operation; test methods; sampling procedures; and related 
management systems practices) are standards that are developed or 
adopted by voluntary consensus standards bodies. This final rule does 
not use technical standards. Therefore, we did not consider the use of 
voluntary consensus standards.

Environment (NEPA, CAA, Environmental Justice)

    FMCSA analyzed this final rule for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
determined that this action is categorically excluded from further 
analysis and documentation in an environmental assessment or 
environmental impact statement under FMCSA Order 5610.1 (69 FR 9680, 
March 1, 2004), Appendix 2, paragraph (6b), concerning editorial and 
procedural regulations. The CE is available for inspection or copying 
in the Regulations.gov Web site listed under ADDRESSES.
    FMCSA also analyzed this action under the Clean Air Act, as amended 
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing 
regulations promulgated by the Environmental Protection Agency. 
Approval of this action is exempt from the CAA's general conformity 
requirement since it does not affect direct or indirect emissions of 
criteria pollutants.
    Under E.O. 12898, each Federal agency must identify and address, as 
appropriate, ``disproportionately high and adverse human health or 
environmental effects of its programs, policies, and activities on 
minority populations and low-income populations'' in the United States, 
its possessions, and territories. FMCSA evaluated the environmental 
justice effects of this rule in accordance with the E.O., and has 
determined that no environmental justice issue is associated with this 
rule, nor is there any collective environmental impact that would 
result from its promulgation.

List of Subjects in 49 CFR Part 384

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Highway safety, Motor carriers.

    In consideration of the foregoing, FMCSA amends 49 CFR part 384 as 


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. 106-59, 113 Stat. 1753, 1767; and 49 CFR 1.87.

2. In Sec.  384.209, add paragraph (c) to read as follows:

Sec.  384.209  Notification of traffic violations.

* * * * *
    (c) Notification of traffic violations must be made within 10 days 
of the conviction.

    Issued under the authority of delegation in 49 CFR 1.87: June 
22, 2015.
T.F. Scott Darling, III,
Chief Counsel.
[FR Doc. 2015-15906 Filed 6-26-15; 8:45 am]

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