State Compliance With Commercial Driver's License Program: Correction |
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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]
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DEPARTMENT OF TRANSPORTATION
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:
Correction
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule.
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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
robert.redmond@dot.gov.
If you have questions on viewing material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
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.
Background
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
dates.
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
Procedures.
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
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$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
comment.
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.
Privacy
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
required.
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
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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
follows:
PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
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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.
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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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