Self Reporting of Out-of-State Convictions, 24684-24688 [2013-09915]

Download as PDF 24684 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations January 11, 2013, at 78 FR 2572. That document set March 12, 2013, as the effective date for the Report and Order, with two exceptions. The delegation of authority to the Wireline Competition Bureau to implement a data collection in accordance with the terms of the Report and Order became effective upon adoption as specified in paragraph 137 of the document published at 78 FR 2572, January 11, 2013. Also, the information and recordkeeping requirements adopted in the Report and Order will not become effective until publication of an announcement in the Federal Register that these requirements have been approved by the OMB. This document corrects the effective date of the Report and Order to comply with the requirements of the CRA, 5 U.S.C. 801–808. The Report and Order was classified as a major rule subject to congressional review. 5 U.S.C. 804(2). Pursuant to 5 U.S.C. 801(a)(3)(A), a major rule cannot be made effective until 60 days after the latter of publication in the Federal Register or receipt by Congress of a report in compliance with the CRA, 5 U.S.C. 801(a)(1). Congress did not receive the CRA report until January 24, 2013, thirteen days after publication of the final rule document in the Federal Register. Consequently, the Report and Order (except for the information collection requirement and the delegation of authority) is effective 60 days after that date. As a result, the Commission issued an Erratum to the Report and Order delaying the effective date (except the information collection rules and the delegation rule) to March 25, 2013. This publication, which was inadvertently delayed, provides notice of the effective date. Federal Communications Commission. Deena Shetler, Associate Bureau Chief, Wireline Competition Bureau. [FR Doc. 2013–09708 Filed 4–25–13; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 383 and 384 erowe on DSK2VPTVN1PROD with RULES [Docket No. FMCSA–2012–0172] RIN 2126–AB43 Self Reporting of Out-of-State Convictions Federal Motor Carrier Safety Administration (FMCSA), DOT. AGENCY: VerDate Mar<15>2010 14:45 Apr 25, 2013 Jkt 229001 ACTION: Final rule. FMCSA amends its commercial driver’s license (CDL) rules to eliminate the requirement for drivers to notify the State licensing agency that issued their commercial learner’s permit (CLP) or CDL of out-of-State traffic convictions when those convictions occur in States that have a certified CDL program in substantial compliance with FMCSA’s rules. Current regulations require both CDL holders and States with certified CDL programs to report a CDL holder’s out-of-State traffic conviction to the driver’s State of licensure. This final rule amends the CDL rules to eliminate this reporting redundancy for those cases in which the conviction occurs in a State that has a certified CDL program in substantial compliance with FMCSA’s regulations. This change will reduce a regulatory burden on individual CLP and CDL holders and State driver licensing agencies. This rule is responsive to Executive Order (E.O.) 13563 ‘‘Improving Regulation and Regulatory Review,’’ issued January 18, 2011. DATES: The final rule is effective May 28, 2013. ADDRESSES: For access to the docket to read background documents, including those referenced in this document, or to read comments received, go to https:// www.regulations.gov at any time and insert ‘‘FMCSA–2012–0172’’ in the ‘‘Keyword’’ box, and then click ‘‘Search.’’ You may also view the docket online by visiting the Docket Management Facility in Room W12– 140, DOT Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays. Anyone is able to search the electronic form for all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the U.S. Department of Transportation’s DOT complete Privacy Act Statement in the Federal Register published on December 29, 2010 (75 FR 82132), or you may visit https:// www.gpo.gov/fdsys/pkg/FR-2010-12-29/ pdf/2010-32876.pdf. FOR FURTHER INFORMATION CONTACT: Robert Redmond, Office of Enforcement, 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. Office hours are from 9 a.m. to 5 p.m. e.t., Monday through Friday, except SUMMARY: PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Federal holidays. If you have questions on viewing material to the docket, contact Barbara J. Hairston, Acting Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Table of Contents for Preamble Executive Summary Legal Basis for Rulemaking Background Discussion of Comments Section-by-Section Discussion of Regulatory Changes Regulatory Analyses Executive Summary Purpose of the Rule and Summary of Major Provisions This final rule amends the commercial driver’s license (CDL) rules to eliminate the requirement for drivers to notify the State driver licensing agency (SDLA) that issued their commercial learner’s permit (CLP) or CDL of out-of-State traffic convictions when those convictions occur in States that have a certified CDL program in substantial compliance with the Federal Motor Carrier Safety Administration’s rules. The elimination of this reporting redundancy will reduce a regulatory burden on individual CLP and CDL holders and SDLAs. This rule also responds to Executive Order (E.O.) 13563 ‘‘Improving Regulation and Regulatory Review,’’ issued January 18, 2011. Costs and Benefits The anticipated benefits of the rule will take the form of reduced paperwork burden hours and expenditures for the reporting of out-of-State traffic convictions. Neither the benefits nor the costs of eliminating this regulatory burden can be quantified at this time. States will continue to rely on State-toState reporting, which is more accurate and secure than driver self-reporting. Legal Basis for Rulemaking Congress enacted the Commercial Motor Vehicle Safety Act of 1986 (CMVSA) [Pub. L. 99–570, Title XII, 100 Stat. 3207–170, 49 U.S.C. chapter 313] to improve highway safety by ensuring that drivers of large trucks and buses are qualified to operate those vehicles and to remove unsafe and unqualified drivers from the highways. To achieve these goals, the CMVSA established the CDL program and required States to ensure that drivers convicted of certain serious traffic violations are prohibited from operating commercial motor vehicles (CMVs). Although State participation in the CDL program is voluntary, CMVSA created incentives E:\FR\FM\26APR1.SGM 26APR1 erowe on DSK2VPTVN1PROD with RULES Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations by conditioning certain Federal highway and grant funding on States maintaining a certified CDL program (CMVSA secs. 12010, 12011, codified at 49 U.S.C. 31313, 31314). One of the CMVSA’s CDL program requirements was that States report CDL holders’ out-of-State traffic convictions to their licensing States within 10 days of the conviction (CMVSA sec. 12009(a)(9) codified at 49 U.S.C. 31311). The CMVSA also established a requirement for CDL holders to report these same out-of-State traffic convictions to their licensing States within 30 days of the conviction (CMVSA sec. 12003(a)(1), codified at 49 U.S.C. 31303(a)). Congress authorized the Secretary to issue regulations to implement these provisions (CMVSA sec. 12018(a), codified at 49 U.S.C. 31317). The Federal Highway Administration (FHWA), FMCSA’s predecessor, subsequently issued regulations, including 49 CFR 383.31(a), which implemented the requirement that CDL holders report out-of-State traffic convictions to their licensing States (52 FR 20574, June 1, 1987). FHWA did not issue regulations implementing the States’ reporting requirement at that time. On July 5, 1994, Congress recodified title 49 of the U.S.C. [Pub. L. 103–272, 108 Stat. 745 (the 1994 Recodification Act)]. Among other things, the 1994 Recodification Act clarifies who had the obligation to report CDL holders’ out-ofState violations: the State or the driver. The 1994 Recodification Act added language making it explicit that States must report an out-of-State CDL holder’s traffic conviction to the licensing State within 10 days of the conviction (108 Stat. 1024, 49 U.S.C. 31311(a)(9)). However, Congress did not repeal the requirement that individual CDL holders report the same information within 30 days of conviction. The Motor Carrier Safety Improvement Act of 1999 (MCSIA) [Pub. L. 106–159, 113 Stat. 1748] amended numerous provisions of title 49 of the U.S.C. related to the licensing and sanctioning of CMV drivers required to hold a CDL and directed the Secretary to amend regulations to correct specific weaknesses in the CDL program. One such provision directed the Secretary to develop a uniform system for the Stateto-State electronic transmission of outof-State CDL holders’ traffic conviction information. FMCSA subsequently issued regulations implementing MCSIA and other statutory requirements, including CMVSA sec. 12009(a)(9). Those regulations included 49 CFR 384.209, which requires States to report out-of-State CDL holders’ traffic convictions to their licensing States as VerDate Mar<15>2010 14:45 Apr 25, 2013 Jkt 229001 a minimum requirement of maintaining a certified CDL program (67 FR 49742, July 31, 2002). The FMCSA Administrator has been delegated authority under 49 CFR 1.87(e)(1) to carry out the CMVSA functions vested in the Secretary. Background This final rule arises as a result of Presidential Executive Order (E.O.) 13563, issued January 18, 2011, ‘‘Improving Regulation and Regulatory Review’’ (76 FR 3821, January 21, 2011), which prompted DOT to publish a notice in the Federal Register (76 FR 8940, February 16, 2011) requesting comments on a plan for reviewing existing rules, as well as identification of existing rules that DOT should review because they may be outmoded, ineffective, insufficient, or excessively burdensome. DOT placed all retrospective regulatory review comments, including a transcript of a March 14, 2011, public meeting, in docket DOT–OST–2011–0025. DOT received comments from 102 members of the public, with many providing multiple suggestions. In connection with this initiative, a commenter identified as appropriate for review the requirements of 49 CFR 383.31(a) and 384.209, which provide for both individual CDL holders and States with certified CDL programs to report the same information about CDL holders’ out-of-State convictions. FMCSA agreed with this suggestion. Although States were not required to participate in FMCSA’s CDL certification program, all 50 States and the District of Columbia currently maintain certified programs, due in part to the financial incentives described below. Additionally States could be decertified and lose their authority to issue CDLs. In practice, this means that compliance with both §§ 383.31(a) and 384.209 result in a reporting redundancy. On August 2, 2012, FMCSA published a notice of proposed rulemaking in the Federal Register (77 FR 46010). FMCSA proposed to eliminate this redundant reporting practice by providing that, if a State in which the conviction occurs has a certified CDL program in substantial compliance with FMCSA’s regulations, then an individual CDL holder convicted in that State would be considered to be in compliance with his/her out-of-State traffic conviction reporting obligations because the State where the conviction occurred will report the violation to the CDL holder’s State of licensure. FMCSA received six public comments and made changes to the proposed rule in response to these PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 24685 comments, which are detailed in part III, Discussion of Comments. Discussion of Comments FMCSA received six comments in response to the NPRM. The commenters included Advocates for Highway and Auto Safety (Advocates), Werner Enterprises (Werner), The National School Transportation Association (NSTA), Edison Electric Institute (EEI), State of New York Department of Motor Vehicles, and American Trucking Associations (ATA). Overall, most commenters supported FMCSA’s objective of eliminating a redundant reporting practice. Two commenters recommended back-up reporting provisions, should any State reporting a driver conviction suddenly become noncompliant with the CDL program. One commenter requested that the Agency provide documented proof of compliant CDL reporting programs prior to eliminating the driver reporting requirement. A commenter was concerned about general safety issues that could occur as a result of eliminating the driver reporting requirement. These comments are discussed in greater detail below. Suggested Back-Up Reporting Provisions Comments The Agency received two comments regarding back-up reporting provisions. Werner was concerned that drivers would not know whether a State is in compliance with the conviction reporting requirement. Werner offered two options for letting the driver know if the State is in compliance: (1) Require the reporting State to provide the driver with a notice that it is in compliance with 49 CFR part 384, subpart B, and has not been de-certified in accordance with 49 CFR 384.405. This would let the driver know that there is no obligation to report the conviction as the reporting State will report it; or (2) add language to 49 CFR 383.31(d) to create a presumption that every State is in compliance. ATA was also concerned drivers would not know whether a State is in compliance with conviction reporting requirements. ATA proposed modifying 49 CFR 384.307 to provide that FMCSA would publish a notice in the Federal Register to alert drivers that their selfreporting requirements under 49 CFR 383.31 had been reactivated if FMCSA determines that a State is not in substantial compliance with the regulations or intends to withdraw from the CDL program. E:\FR\FM\26APR1.SGM 26APR1 24686 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations FMCSA Response If a State is no longer in compliance with the conviction reporting requirements, FMCSA agrees that drivers should be given notice. At this time FMCSA believes a more effective alternative is to alert drivers that their self-reporting requirements under 49 CFR 383.31 have been reactivated through a Federal Register notice, as suggested by the ATA, and also to provide notification by way of the FMCSA Web site and other social media. The Agency however, believes the requirement should be incorporated into new § 384.409 under Subpart D of part 384, which addresses the consequences of State noncompliance. Therefore, the Agency has incorporated language in the final rule in new § 384.409 to implement this solution. Provision of Documented Proof of Compliant CDL Reporting Programs Comment Advocates requested that FMCSA determine the effectiveness and timeliness of State CDL programs to capture out-of-State convictions and provide the public with documentation of their effectiveness. Until data can be presented that demonstrates that all States have adopted compliant CDL reporting programs and that the home States of commercial drivers are receiving out-of-State convictions and acting on that information when appropriate, Advocates maintained that the driver reporting requirement should not be eliminated. erowe on DSK2VPTVN1PROD with RULES FMCSA Response States are required in 49 CFR 384.209 to report out-of-State convictions to the State of licensure within 10 days of the conviction. As a part of CDL program certification, FMCSA and the American Association of Motor Vehicle Administrators (AAMVA) monitor the timeliness and accuracy of conviction data being sent from the State of conviction to the State of licensure and generate a monthly report. If a State shows a continuing pattern of not being timely or sending inaccurate data, FMCSA and AAMVA work with the State to correct the deficiency. States have been showing a steady improvement in the timeliness of reporting conviction data from the State of conviction to the State of licensure. Safety Concerns Comment The NSTA was concerned about the delay between when the State of conviction notifies the State of licensure, the State of licensure notifies VerDate Mar<15>2010 14:45 Apr 25, 2013 Jkt 229001 the employer, and appropriate action, including notification to the insurance company, is taken by the employer. If a driver is not required to report a conviction to his State of licensure, this delay would allow some drivers to continue to operate a school bus following a conviction. FMCSA Response Eliminating the requirement that the CDL holder report a conviction to the State of licensure does not eliminate the driver responsibility in 49 CFR 383.31(b) to report the conviction to his or her employer within 30 days of the conviction. Section-by-Section Discussion of Regulatory Changes Part 383 Commercial Driver’s License Standards; Requirements and Penalties Section 383.31. FMCSA adds an introductory phrase to paragraph (a) that clarifies that the addition of new paragraph (d) is the exception for this section. FMCSA adopts paragraph 383.31(d) as proposed, which provides that if the State in which a CLP or CDL holder is convicted for a traffic control violation has an FMCSA-certified CDL program, the Agency would consider the CLP or CDL holder to be in compliance with § 383.31(a). Part 384 State Compliance With Commercial Driver’s License Program Section 384.409. FMCSA adds new § 384.409 to specify the means of notification to CLP and CDL holders when it determines that a State is not in substantial compliance, or when it issues a decertification order prohibiting a State from issuing commercial driver’s licenses. Regulatory Analyses Executive Order (E.O.) 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures as Supplemented by E.O. 13563) FMCSA has determined that this final rule is not a significant regulatory action within the meaning of Executive Order (E.O.) 12866 (Regulatory Planning and Review,’’ 58 FR 51735, October 4, 1993), as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), or within the meaning of DOT regulatory policies and procedures (DOT Order 2100.5 dated May 22, 1980; 44 FR 11034, February 26, 1979). Any costs associated with this rule are expected to be minimal, and, in any event, the estimated cost of the rule is not expected to exceed the $100 million annual threshold for economic significance. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 The issuance of driver notifications is the only substantive difference in this final rule from the published NPRM (77 FR 46010, August 2, 2012). If a State is no longer in substantial compliance with the conviction reporting requirements of 49 CFR 384.209 or issues a decertification order prohibiting a State from issuing commercial drivers licenses, FMCSA will alert drivers that they must comply with the selfreporting requirements under 49 CFR 383.31 using a Federal Register notice, its Web site and social media. This notification requirement is applicable to FMCSA and as such will not impose additional costs to the 50 States and District of Columbia which currently maintain certified CDL programs, nor to individual CLP or CDL holders. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (5 U.S.C. et seq.) requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term ‘‘small entities’’ comprises small business 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 50,000.1 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. Under the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121, 110 Stat. 857), the final rule is not expected to have a significant economic impact on a substantial number of small entities. Consequently, I certify that this final rule would not have a significant economic impact on a substantial number of small entities. 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 rule so that they can better evaluate its effects on them. If the rule affects 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, Robert Redmond, listed 1 Regulatory Flexibility Act (5 U.S.C. 601 et seq.) see National Archives at https://www.archives.gov/ federal-register/laws/regulatory-flexibility/601.html. E:\FR\FM\26APR1.SGM 26APR1 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations in the FOR FURTHER INFORMATION CONTACT section of this final 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). Agency does not believe that this regulatory action could create 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 taking implications. Unfunded Mandates Reform Act of 1995 This final rule does not impose an unfunded Federal mandate, as defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et seq.), that would result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $141.3 million (which is the value of $100 million in 2010 after adjusting for inflation) or more in any single year. 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 has determined that this rule will not have substantial direct effects on States, nor would it limit the policymaking discretion of States. Nothing in this document preempts any State law or regulation. Privacy Impact Assessment Section 522 of title I of division H of the Consolidated Appropriations Act, 2005, enacted December 8, 2004 (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 require the collection of any personally identifiable information. 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. FMCSA has determined this rule will not result in a new or revised Privacy Act System of Records for FMCSA. E.O. 12372 (Intergovernmental Review) The regulations implementing E.O. 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this program. erowe on DSK2VPTVN1PROD with RULES E.O. 12988 (Civil Justice Reform) This final rule meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 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 rule is not economically significant. Therefore, no analysis of the impacts on children is required. In any event, the VerDate Mar<15>2010 14:45 Apr 25, 2013 Jkt 229001 Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct, sponsor, or require through regulations. FMCSA anticipates this final rule would result in a paperwork burden reduction that the Agency is unable to quantify, at this time. National Environmental Policy Act and Clean Air Act FMCSA analyzed this rule for the purpose of 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 FMCSA Order 5610.1(69 FR 9680, March 1, 2004), Appendix 2, paragraphs (6)(s)(2), This categorical exclusion covers requirements for drivers to notify their States of licensure of certain PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 24687 convictions. This final rule is covered by this categorical exclusion and in any event does not have a significant effect on the quality of the environment. The categorical exclusion determination is available for inspection or copying in the Regulations.gov Web site listed under ADDRESSES. FMCSA also analyzed this rule 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. E.O. 13211 (Energy Supply, Distribution or Use) FMCSA analyzed this 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’’ under E.O. 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, no Statement of Energy Effects is required. E.O. 13175 (Indian Tribal Governments) This 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 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 (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 are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did E:\FR\FM\26APR1.SGM 26APR1 24688 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations § 383.31 Notification of convictions for driver violations. not consider the use of voluntary consensus standards. List of Subjects 49 CFR Part 383 Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety, Motor carriers. 49 CFR Part 384 Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety, Incorporation by reference, Motor carriers. For the reasons discussed in the preamble, FMCSA amends 49 CFR parts 383 and 384 as follows: PART 383—COMMERCIAL DRIVER’S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES 1. The authority citation for part 383 is revised to read as follows: ■ Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 214 and 215 of Pub. L. 106–159, 113 Stat. 1748, 1766, 1767; sec. 1012(b) of Pub. L. 107–56, 115 Stat. 272, 297, sec. 4140 of Pub. L. 109–59, 119 Stat. 1144, 1746; and 49 CFR 1.87. 2. Amend § 383.31 by revising paragraph (a) and adding paragraph (d) to read as follows: erowe on DSK2VPTVN1PROD with RULES ■ VerDate Mar<15>2010 14:45 Apr 25, 2013 Jkt 229001 (a) Except as provided in paragraph (d) of this section, each person who operates a commercial motor vehicle, who has a commercial learner’s permit or commercial driver’s license issued by a State or jurisdiction, and who is convicted of violating, in any type of motor vehicle, a State or local law relating to motor vehicle traffic control (other than a parking violation) in a State or jurisdiction other than the one which issued his/her permit or license, shall notify an official designated by the State or jurisdiction which issued such permit or license, of such conviction. The notification must be made within 30 days after the date that the person has been convicted. * * * * * (d) A person is considered to be in compliance with the requirements of paragraph (a) of this section if the conviction occurs in a State or jurisdiction that is in substantial compliance with 49 CFR 384.209 and has not been de-certified in accordance with 49 CFR 384.405. PART 384—STATE COMPLIANCE WITH COMMERCIAL DRIVER’S LICENSE PROGRAM 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. 4. Amend subpart D by adding § 384.409 to read as follows: ■ § 384.409 Notification of noncompliance. If FMCSA determines that a State is not in substantial compliance with § 384.209, or if FMCSA issues a decertification order prohibiting a State from issuing commercial driver’s licenses, FMCSA will notify commercial learner’s permit and commercial driver’s license holders of these actions by publication of a Federal Register notice. The notification will advise commercial learner’s permit and commercial driver’s license holders that they must comply with the selfreporting requirements of § 383.31(a) with respect to convictions obtained in that State until such time that FMCSA determines the State to be in substantial compliance. Issued under the authority of delegation in 49 CFR 1.87 on: April 16, 2013. Anne S. Ferro, Administrator. [FR Doc. 2013–09915 Filed 4–25–13; 8:45 am] BILLING CODE P 3. The authority citation for part 384 continues to read as follows: ■ PO 00000 Frm 00024 Fmt 4700 Sfmt 9990 E:\FR\FM\26APR1.SGM 26APR1

Agencies

[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Rules and Regulations]
[Pages 24684-24688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09915]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383 and 384

[Docket No. FMCSA-2012-0172]
RIN 2126-AB43


Self Reporting of Out-of-State Convictions

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

ACTION: Final rule.

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SUMMARY: FMCSA amends its commercial driver's license (CDL) rules to 
eliminate the requirement for drivers to notify the State licensing 
agency that issued their commercial learner's permit (CLP) or CDL of 
out-of-State traffic convictions when those convictions occur in States 
that have a certified CDL program in substantial compliance with 
FMCSA's rules. Current regulations require both CDL holders and States 
with certified CDL programs to report a CDL holder's out-of-State 
traffic conviction to the driver's State of licensure. This final rule 
amends the CDL rules to eliminate this reporting redundancy for those 
cases in which the conviction occurs in a State that has a certified 
CDL program in substantial compliance with FMCSA's regulations. This 
change will reduce a regulatory burden on individual CLP and CDL 
holders and State driver licensing agencies. This rule is responsive to 
Executive Order (E.O.) 13563 ``Improving Regulation and Regulatory 
Review,'' issued January 18, 2011.

DATES: The final rule is effective May 28, 2013.

ADDRESSES: For access to the docket to read background documents, 
including those referenced in this document, or to read comments 
received, go to https://www.regulations.gov at any time and insert 
``FMCSA-2012-0172'' in the ``Keyword'' box, and then click ``Search.'' 
You may also view the docket online by visiting the Docket Management 
Facility in Room W12-140, DOT Building, 1200 New Jersey Avenue SE., 
Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, 
except Federal holidays.
    Anyone is able to search the electronic form for all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review the 
U.S. Department of Transportation's DOT complete Privacy Act Statement 
in the Federal Register published on December 29, 2010 (75 FR 82132), 
or you may visit https://www.gpo.gov/fdsys/pkg/FR-2010-12-29/pdf/2010-32876.pdf.

FOR FURTHER INFORMATION CONTACT: Robert Redmond, Office of Enforcement, 
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. Office hours are from 9 a.m. to 5 p.m. 
e.t., Monday through Friday, except Federal holidays. If you have 
questions on viewing material to the docket, contact Barbara J. 
Hairston, Acting Program Manager, Docket Operations, telephone (202) 
366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble

Executive Summary
Legal Basis for Rulemaking
Background
Discussion of Comments
Section-by-Section Discussion of Regulatory Changes
Regulatory Analyses

Executive Summary

Purpose of the Rule and Summary of Major Provisions

    This final rule amends the commercial driver's license (CDL) rules 
to eliminate the requirement for drivers to notify the State driver 
licensing agency (SDLA) that issued their commercial learner's permit 
(CLP) or CDL of out-of-State traffic convictions when those convictions 
occur in States that have a certified CDL program in substantial 
compliance with the Federal Motor Carrier Safety Administration's 
rules. The elimination of this reporting redundancy will reduce a 
regulatory burden on individual CLP and CDL holders and SDLAs.
    This rule also responds to Executive Order (E.O.) 13563 ``Improving 
Regulation and Regulatory Review,'' issued January 18, 2011.

Costs and Benefits

    The anticipated benefits of the rule will take the form of reduced 
paperwork burden hours and expenditures for the reporting of out-of-
State traffic convictions. Neither the benefits nor the costs of 
eliminating this regulatory burden can be quantified at this time. 
States will continue to rely on State-to-State reporting, which is more 
accurate and secure than driver self-reporting.

Legal Basis for Rulemaking

    Congress enacted the Commercial Motor Vehicle Safety Act of 1986 
(CMVSA) [Pub. L. 99-570, Title XII, 100 Stat. 3207-170, 49 U.S.C. 
chapter 313] to improve highway safety by ensuring that drivers of 
large trucks and buses are qualified to operate those vehicles and to 
remove unsafe and unqualified drivers from the highways. To achieve 
these goals, the CMVSA established the CDL program and required States 
to ensure that drivers convicted of certain serious traffic violations 
are prohibited from operating commercial motor vehicles (CMVs). 
Although State participation in the CDL program is voluntary, CMVSA 
created incentives

[[Page 24685]]

by conditioning certain Federal highway and grant funding on States 
maintaining a certified CDL program (CMVSA secs. 12010, 12011, codified 
at 49 U.S.C. 31313, 31314). One of the CMVSA's CDL program requirements 
was that States report CDL holders' out-of-State traffic convictions to 
their licensing States within 10 days of the conviction (CMVSA sec. 
12009(a)(9) codified at 49 U.S.C. 31311). The CMVSA also established a 
requirement for CDL holders to report these same out-of-State traffic 
convictions to their licensing States within 30 days of the conviction 
(CMVSA sec. 12003(a)(1), codified at 49 U.S.C. 31303(a)). Congress 
authorized the Secretary to issue regulations to implement these 
provisions (CMVSA sec. 12018(a), codified at 49 U.S.C. 31317). The 
Federal Highway Administration (FHWA), FMCSA's predecessor, 
subsequently issued regulations, including 49 CFR 383.31(a), which 
implemented the requirement that CDL holders report out-of-State 
traffic convictions to their licensing States (52 FR 20574, June 1, 
1987). FHWA did not issue regulations implementing the States' 
reporting requirement at that time.
    On July 5, 1994, Congress recodified title 49 of the U.S.C. [Pub. 
L. 103-272, 108 Stat. 745 (the 1994 Recodification Act)]. Among other 
things, the 1994 Recodification Act clarifies who had the obligation to 
report CDL holders' out-of-State violations: the State or the driver. 
The 1994 Recodification Act added language making it explicit that 
States must report an out-of-State CDL holder's traffic conviction to 
the licensing State within 10 days of the conviction (108 Stat. 1024, 
49 U.S.C. 31311(a)(9)). However, Congress did not repeal the 
requirement that individual CDL holders report the same information 
within 30 days of conviction.
    The Motor Carrier Safety Improvement Act of 1999 (MCSIA) [Pub. L. 
106-159, 113 Stat. 1748] amended numerous provisions of title 49 of the 
U.S.C. related to the licensing and sanctioning of CMV drivers required 
to hold a CDL and directed the Secretary to amend regulations to 
correct specific weaknesses in the CDL program. One such provision 
directed the Secretary to develop a uniform system for the State-to-
State electronic transmission of out-of-State CDL holders' traffic 
conviction information. FMCSA subsequently issued regulations 
implementing MCSIA and other statutory requirements, including CMVSA 
sec. 12009(a)(9). Those regulations included 49 CFR 384.209, which 
requires States to report out-of-State CDL holders' traffic convictions 
to their licensing States as a minimum requirement of maintaining a 
certified CDL program (67 FR 49742, July 31, 2002).
    The FMCSA Administrator has been delegated authority under 49 CFR 
1.87(e)(1) to carry out the CMVSA functions vested in the Secretary.

Background

    This final rule arises as a result of Presidential Executive Order 
(E.O.) 13563, issued January 18, 2011, ``Improving Regulation and 
Regulatory Review'' (76 FR 3821, January 21, 2011), which prompted DOT 
to publish a notice in the Federal Register (76 FR 8940, February 16, 
2011) requesting comments on a plan for reviewing existing rules, as 
well as identification of existing rules that DOT should review because 
they may be outmoded, ineffective, insufficient, or excessively 
burdensome. DOT placed all retrospective regulatory review comments, 
including a transcript of a March 14, 2011, public meeting, in docket 
DOT-OST-2011-0025. DOT received comments from 102 members of the 
public, with many providing multiple suggestions.
    In connection with this initiative, a commenter identified as 
appropriate for review the requirements of 49 CFR 383.31(a) and 
384.209, which provide for both individual CDL holders and States with 
certified CDL programs to report the same information about CDL 
holders' out-of-State convictions. FMCSA agreed with this suggestion. 
Although States were not required to participate in FMCSA's CDL 
certification program, all 50 States and the District of Columbia 
currently maintain certified programs, due in part to the financial 
incentives described below. Additionally States could be de-certified 
and lose their authority to issue CDLs. In practice, this means that 
compliance with both Sec. Sec.  383.31(a) and 384.209 result in a 
reporting redundancy.
    On August 2, 2012, FMCSA published a notice of proposed rulemaking 
in the Federal Register (77 FR 46010). FMCSA proposed to eliminate this 
redundant reporting practice by providing that, if a State in which the 
conviction occurs has a certified CDL program in substantial compliance 
with FMCSA's regulations, then an individual CDL holder convicted in 
that State would be considered to be in compliance with his/her out-of-
State traffic conviction reporting obligations because the State where 
the conviction occurred will report the violation to the CDL holder's 
State of licensure. FMCSA received six public comments and made changes 
to the proposed rule in response to these comments, which are detailed 
in part III, Discussion of Comments.

Discussion of Comments

    FMCSA received six comments in response to the NPRM. The commenters 
included Advocates for Highway and Auto Safety (Advocates), Werner 
Enterprises (Werner), The National School Transportation Association 
(NSTA), Edison Electric Institute (EEI), State of New York Department 
of Motor Vehicles, and American Trucking Associations (ATA).
    Overall, most commenters supported FMCSA's objective of eliminating 
a redundant reporting practice. Two commenters recommended back-up 
reporting provisions, should any State reporting a driver conviction 
suddenly become noncompliant with the CDL program. One commenter 
requested that the Agency provide documented proof of compliant CDL 
reporting programs prior to eliminating the driver reporting 
requirement. A commenter was concerned about general safety issues that 
could occur as a result of eliminating the driver reporting 
requirement. These comments are discussed in greater detail below.

Suggested Back-Up Reporting Provisions

Comments
    The Agency received two comments regarding back-up reporting 
provisions. Werner was concerned that drivers would not know whether a 
State is in compliance with the conviction reporting requirement. 
Werner offered two options for letting the driver know if the State is 
in compliance: (1) Require the reporting State to provide the driver 
with a notice that it is in compliance with 49 CFR part 384, subpart B, 
and has not been de-certified in accordance with 49 CFR 384.405. This 
would let the driver know that there is no obligation to report the 
conviction as the reporting State will report it; or (2) add language 
to 49 CFR 383.31(d) to create a presumption that every State is in 
compliance.
    ATA was also concerned drivers would not know whether a State is in 
compliance with conviction reporting requirements. ATA proposed 
modifying 49 CFR 384.307 to provide that FMCSA would publish a notice 
in the Federal Register to alert drivers that their self-reporting 
requirements under 49 CFR 383.31 had been reactivated if FMCSA 
determines that a State is not in substantial compliance with the 
regulations or intends to withdraw from the CDL program.

[[Page 24686]]

FMCSA Response
    If a State is no longer in compliance with the conviction reporting 
requirements, FMCSA agrees that drivers should be given notice. At this 
time FMCSA believes a more effective alternative is to alert drivers 
that their self-reporting requirements under 49 CFR 383.31 have been 
reactivated through a Federal Register notice, as suggested by the ATA, 
and also to provide notification by way of the FMCSA Web site and other 
social media. The Agency however, believes the requirement should be 
incorporated into new Sec.  384.409 under Subpart D of part 384, which 
addresses the consequences of State noncompliance. Therefore, the 
Agency has incorporated language in the final rule in new Sec.  384.409 
to implement this solution.

Provision of Documented Proof of Compliant CDL Reporting Programs

Comment
    Advocates requested that FMCSA determine the effectiveness and 
timeliness of State CDL programs to capture out-of-State convictions 
and provide the public with documentation of their effectiveness. Until 
data can be presented that demonstrates that all States have adopted 
compliant CDL reporting programs and that the home States of commercial 
drivers are receiving out-of-State convictions and acting on that 
information when appropriate, Advocates maintained that the driver 
reporting requirement should not be eliminated.
FMCSA Response
    States are required in 49 CFR 384.209 to report out-of-State 
convictions to the State of licensure within 10 days of the conviction. 
As a part of CDL program certification, FMCSA and the American 
Association of Motor Vehicle Administrators (AAMVA) monitor the 
timeliness and accuracy of conviction data being sent from the State of 
conviction to the State of licensure and generate a monthly report. If 
a State shows a continuing pattern of not being timely or sending 
inaccurate data, FMCSA and AAMVA work with the State to correct the 
deficiency.
    States have been showing a steady improvement in the timeliness of 
reporting conviction data from the State of conviction to the State of 
licensure.

Safety Concerns

Comment
    The NSTA was concerned about the delay between when the State of 
conviction notifies the State of licensure, the State of licensure 
notifies the employer, and appropriate action, including notification 
to the insurance company, is taken by the employer. If a driver is not 
required to report a conviction to his State of licensure, this delay 
would allow some drivers to continue to operate a school bus following 
a conviction.
FMCSA Response
    Eliminating the requirement that the CDL holder report a conviction 
to the State of licensure does not eliminate the driver responsibility 
in 49 CFR 383.31(b) to report the conviction to his or her employer 
within 30 days of the conviction.

 Section-by-Section Discussion of Regulatory Changes

Part 383 Commercial Driver's License Standards; Requirements and 
Penalties

    Section 383.31. FMCSA adds an introductory phrase to paragraph (a) 
that clarifies that the addition of new paragraph (d) is the exception 
for this section. FMCSA adopts paragraph 383.31(d) as proposed, which 
provides that if the State in which a CLP or CDL holder is convicted 
for a traffic control violation has an FMCSA-certified CDL program, the 
Agency would consider the CLP or CDL holder to be in compliance with 
Sec.  383.31(a).

Part 384 State Compliance With Commercial Driver's License Program

    Section 384.409. FMCSA adds new Sec.  384.409 to specify the means 
of notification to CLP and CDL holders when it determines that a State 
is not in substantial compliance, or when it issues a decertification 
order prohibiting a State from issuing commercial driver's licenses.

Regulatory Analyses

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

    FMCSA has determined that this final rule is not a significant 
regulatory action within the meaning of Executive Order (E.O.) 12866 
(Regulatory Planning and Review,'' 58 FR 51735, October 4, 1993), as 
supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), or within 
the meaning of DOT regulatory policies and procedures (DOT Order 2100.5 
dated May 22, 1980; 44 FR 11034, February 26, 1979). Any costs 
associated with this rule are expected to be minimal, and, in any 
event, the estimated cost of the rule is not expected to exceed the 
$100 million annual threshold for economic significance.
    The issuance of driver notifications is the only substantive 
difference in this final rule from the published NPRM (77 FR 46010, 
August 2, 2012). If a State is no longer in substantial compliance with 
the conviction reporting requirements of 49 CFR 384.209 or issues a 
decertification order prohibiting a State from issuing commercial 
drivers licenses, FMCSA will alert drivers that they must comply with 
the self-reporting requirements under 49 CFR 383.31 using a Federal 
Register notice, its Web site and social media. This notification 
requirement is applicable to FMCSA and as such will not impose 
additional costs to the 50 States and District of Columbia which 
currently maintain certified CDL programs, nor to individual CLP or CDL 
holders.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. et seq.) requires 
Federal agencies to consider the effects of the regulatory action on 
small business and other small entities and to minimize any significant 
economic impact. The term ``small entities'' comprises small business 
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.\1\ 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.
---------------------------------------------------------------------------

    \1\ Regulatory Flexibility Act (5 U.S.C. 601 et seq.) see 
National Archives at https://www.archives.gov/federal-register/laws/regulatory-flexibility/601.html.
---------------------------------------------------------------------------

    Under the Regulatory Flexibility Act, as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 
110 Stat. 857), the final rule is not expected to have a significant 
economic impact on a substantial number of small entities.
    Consequently, I certify that this final rule would not have a 
significant economic impact on a substantial number of small entities.

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 rule so that they can better evaluate its effects 
on them. If the rule affects 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, Robert Redmond, listed

[[Page 24687]]

in the FOR FURTHER INFORMATION CONTACT section of this final 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).

Unfunded Mandates Reform Act of 1995

    This final rule does not impose an unfunded Federal mandate, as 
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532 et 
seq.), that would result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $141.3 
million (which is the value of $100 million in 2010 after adjusting for 
inflation) or more in any single year.

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 has determined that this rule will not have 
substantial direct effects on States, nor would it limit the 
policymaking discretion of States. Nothing in this document preempts 
any State law or regulation.

E.O. 12988 (Civil Justice Reform)

    This final rule meets applicable standards in sections 3(a) and 
3(b)(2) of E.O. 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 rule is not economically 
significant. Therefore, no analysis of the impacts on children is 
required. In any event, the Agency does not believe that this 
regulatory action could create 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 taking implications.

Privacy Impact Assessment

    Section 522 of title I of division H of the Consolidated 
Appropriations Act, 2005, enacted December 8, 2004 (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 require the 
collection of any personally identifiable information.
    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. FMCSA 
has determined this rule will not result in a new or revised Privacy 
Act System of Records for FMCSA.

E.O. 12372 (Intergovernmental Review)

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

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), 
Federal agencies must obtain approval from the Office of Management and 
Budget (OMB) for each collection of information they conduct, sponsor, 
or require through regulations. FMCSA anticipates this final rule would 
result in a paperwork burden reduction that the Agency is unable to 
quantify, at this time.

National Environmental Policy Act and Clean Air Act

    FMCSA analyzed this rule for the purpose of 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 FMCSA Order 5610.1(69 FR 9680, March 1, 2004), 
Appendix 2, paragraphs (6)(s)(2), This categorical exclusion covers 
requirements for drivers to notify their States of licensure of certain 
convictions. This final rule is covered by this categorical exclusion 
and in any event does not have a significant effect on the quality of 
the environment. The categorical exclusion determination is available 
for inspection or copying in the Regulations.gov Web site listed under 
ADDRESSES.
    FMCSA also analyzed this rule 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.

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

    FMCSA analyzed this 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'' under E.O. 12866 and is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. 
Therefore, no Statement of Energy Effects is required.

E.O. 13175 (Indian Tribal Governments)

    This 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 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 (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 are technical standards (e.g., specifications of materials, 
performance, design, or operation; test methods; sampling procedures; 
and related management systems practices) that are developed or adopted 
by voluntary consensus standards bodies. This rule does not use 
technical standards. Therefore, we did

[[Page 24688]]

not consider the use of voluntary consensus standards.

List of Subjects

49 CFR Part 383

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

49 CFR Part 384

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

    For the reasons discussed in the preamble, FMCSA amends 49 CFR 
parts 383 and 384 as follows:

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND 
PENALTIES

0
1. The authority citation for part 383 is revised to read as follows:

    Authority:  49 U.S.C. 521, 31136, 31301 et seq., and 31502; 
secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; 
sec. 1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of 
Pub. L. 109-59, 119 Stat. 1144, 1746; and 49 CFR 1.87.


0
2. Amend Sec.  383.31 by revising paragraph (a) and adding paragraph 
(d) to read as follows:


Sec.  383.31  Notification of convictions for driver violations.

    (a) Except as provided in paragraph (d) of this section, each 
person who operates a commercial motor vehicle, who has a commercial 
learner's permit or commercial driver's license issued by a State or 
jurisdiction, and who is convicted of violating, in any type of motor 
vehicle, a State or local law relating to motor vehicle traffic control 
(other than a parking violation) in a State or jurisdiction other than 
the one which issued his/her permit or license, shall notify an 
official designated by the State or jurisdiction which issued such 
permit or license, of such conviction. The notification must be made 
within 30 days after the date that the person has been convicted.
* * * * *
    (d) A person is considered to be in compliance with the 
requirements of paragraph (a) of this section if the conviction occurs 
in a State or jurisdiction that is in substantial compliance with 49 
CFR 384.209 and has not been de-certified in accordance with 49 CFR 
384.405.

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
3. 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.

0
4. Amend subpart D by adding Sec.  384.409 to read as follows:


Sec.  384.409  Notification of noncompliance.

    If FMCSA determines that a State is not in substantial compliance 
with Sec.  384.209, or if FMCSA issues a decertification order 
prohibiting a State from issuing commercial driver's licenses, FMCSA 
will notify commercial learner's permit and commercial driver's license 
holders of these actions by publication of a Federal Register notice. 
The notification will advise commercial learner's permit and commercial 
driver's license holders that they must comply with the self-reporting 
requirements of Sec.  383.31(a) with respect to convictions obtained in 
that State until such time that FMCSA determines the State to be in 
substantial compliance.

    Issued under the authority of delegation in 49 CFR 1.87 on: 
April 16, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-09915 Filed 4-25-13; 8:45 am]
BILLING CODE P