[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Rules and Regulations]
[Pages 22863-22866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09703]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 386
[Docket No. FMCSA-2025-0106]
RIN 2126-AC80
Civil Penalties Schedule Update
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FMCSA amends the Federal Motor Carrier Safety Regulations
(FMCSRs) to remove the reference to rules under the Department of
Transportation's ``Procedures for Transportation Workplace Drug and
Alcohol Testing Program'' from the civil penalty schedule in the
FMCSRs. Instead, the civil penalty schedule will refer solely to the
part of the Code of Federal Regulations (CFR) where this program is
incorporated into the FMCSRs. Because the rule does not impose any new
material requirements or increase compliance obligations, it is issued
without prior notice and opportunity for comment, pursuant to the good
cause exception in the Administrative Procedure Act (APA).
DATES: Effective May 30, 2025.
Petitions for reconsideration of this final rule must be submitted
to the FMCSA Administrator no later than June 30, 2025.
FOR FURTHER INFORMATION CONTACT: Mary J. Lee, Office of Chief Counsel,
FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590, (202) 366-0035,
[email protected]. If you have questions on viewing or submitting
material to the docket, call Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION: FMCSA organizes this final rule as follows:
I. Availability of Rulemaking Documents
II. Background
III. Abbreviations
IV. Legal Basis
V. International Impacts
VI. Section-by-Section Analysis
VII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
C. Congressional Review Act
D. Regulatory Flexibility Act
E. Assistance for Small Entities
F. Unfunded Mandates Reform Act of 1995
G. Paperwork Reduction Act
H. E.O. 13132 (Federalism)
[[Page 22864]]
I. Privacy
J. E.O. 13175 (Indian Tribal Governments)
K. National Environmental Policy Act of 1969
I. Availability of Rulemaking Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2025-0106/document and
choose the document to review. To view comments, click this final rule,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
at U.S. Department of Transportation, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
II. Background
FMCSA last updated 49 CFR part 386, which sets out the rules of
practice for administrative adjudications, in 2005 (70 FR 28467, May
18, 2005). Appendix B to part 386 contains the civil penalty schedule
for violations of the Agency's regulations, including the FMCSRs. As
part of the 2005 rulemaking, a reference to 49 CFR part 40 was added to
Appendix B(a)(1), which specifies the penalty for recordkeeping
violations. However, 49 CFR part 40 contains DOT's drug and alcohol
testing rules, which FMCSA does not directly administer. Instead, motor
carriers are required to comply with part 40 through FMCSA's
incorporation of those requirements into the FMCSRs in part 382, which
is already referenced in Appendix B(a)(1). In reviewing the regulatory
history of this amendment, it appears that the reference to part 40 was
added in error. The previous Federal Register notices relating to the
rules of practice make no mention of 49 CFR part 40, nor does the
discussion in the May 2005 final rule. See 61 FR 18866 (Apr. 29, 1996);
61 FR 54601 (Oct. 21, 1996); 65 FR 7753 (Feb. 16, 2000); 69 FR 61617
(Oct. 20, 2024); 70 FR 28467 (May 18, 2005). FMCSA is therefore
removing this reference.
The regulation in question, 49 CFR part 386 Appendix B(a)(1), sets
out penalties for recordkeeping violations. While FMCSA incorporates 49
CFR part 40 into its controlled substances and alcohol testing
regulations in 49 CFR part 382, any recordkeeping violations related to
such testing are enforced under the FMCSRs, specifically 49 CFR
382.701(e). The civil penalty schedule already requires compliance with
the recordkeeping regulations in part 382. Therefore, the inclusion of
a reference to the 49 CFR part 40 regulations in FMCSA's civil penalty
schedule found at part 386, Appendix B(a)(1) is superfluous. As
discussed above, it also appears to have been added without proper
notice and opportunity for public comment and potentially in error.
Consequently, FMCSA has determined this reference should be removed.
Removing the reference to part 40 will have no effect on FMCSA's
enforcement programs, as any recordkeeping violations relating to
controlled substances and alcohol testing would be cited under part
382. Further, removing the reference to part 40 here does not in any
way change the Department's general requirements under part 40 or those
requirements as they are incorporated into the FMCSR's in part 382. The
remaining text in Appendix B(a)(1) would be unaffected by this change.
III. Abbreviations
APA Administrative Procedure Act
DOT Department of Transportation
CFR Code of Federal Regulations
ICC Interstate Commerce Commission
FHWA Federal Highway Administration
FMCSA Federal Motor Carrier Safety Administration
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
MCSIA Motor Carrier Safety Improvement Act of 1999
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PTA Privacy Threshold Assessment
UMRA Unfunded Mandates Reform Act of 1995
U.S.C. United States Code
IV. Legal Basis
Congress delegated certain powers to regulate interstate commerce
to DOT in numerous pieces of legislation, notably in section 6 of the
Department of Transportation Act (DOT Act) (Pub. L. 85-670, 80 Stat.
931 (1966)). Section 6(e) of the DOT Act transferred the authority to
regulate the qualifications and maximum hours-of-service of employees,
the safety of operations, and the equipment of motor carriers in
interstate commerce, previously given to the Interstate Commerce
Commission (ICC) in the Motor Carrier Act of 1935 (Pub. L. 74-255, 49
Stat. 543), to the Federal Highway Administration (FHWA). The
administrative powers to enforce chapter 315 were also transferred from
the ICC to DOT in 1966, and appear in chapter 5 of title 49 U.S.C.
Congress subsequently granted DOT additional statutory authorities,
including the authority to assess civil penalties for violations of
recordkeeping and reporting regulations under 49 U.S.C. 521(b)(2)(B).
The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L.
106-159, 113 Stat. 1748 (Dec. 9, 1999)) established FMCSA as an
operating administration within the Department of Transportation,
effective January 1, 2000. Pursuant to MCSIA, certain responsibilities
previously assigned to FHWA were assigned to FMCSA, including the
administrative adjudication of civil penalties assessed for violations
of the FMCSRs, and FMCSA retains those responsibilities. The authority
for the FMCSRs currently appears in chapter 315 of title 49, U.S.C.,
and the regulations appear generally at 49 CFR parts 350 through 399,
and in the commercial regulations (49 CFR parts 360-379) and the
Hazardous Materials Regulations (49 CFR parts 171-180).
The Administrative Procedure Act (APA) specifically provides
exceptions to its notice and comment rulemaking procedures when an
Agency finds there is good cause to dispense with them, and
incorporates the finding, and a brief statement of reasons therefore,
in the rules issued (5 U.S.C. 553(b)(B)). Good cause exists when an
Agency determines that notice and public comment procedures are
impractical, unnecessary, or contrary to the public interest. The
amendment made in this final rule serves to remove an erroneous
reference and to improve clarity for stakeholders. It is technical in
nature and does not impose any new material requirements or increase
compliance obligations. For these reasons, FMCSA finds good cause that
notice and public comment on this final rule are unnecessary.
In addition, FMCSA finds that this amendment falls within the APA
exception for rules of Agency organization, procedure, or practice. The
Agency amends part 386, titled ``Rules of Practice for FMCSA
Proceedings,'' to clarify that penalties assessed for recordkeeping
violations related to the Agency's controlled substances and alcohol
testing are only assessed under FMCSA's regulations at 49 CFR part 382,
not under the Department-wide testing rules in 49 CFR part 40. These
amendments fall within the exception to the APA's notice and comment
rulemaking procedures for ``rules of agency organization, procedure, or
practice,'' (5 U.S.C. 553(b)(A)), and are therefore excepted from the
notice and public comment requirements.
The APA also allows Agencies to make rules effective immediately
with
[[Page 22865]]
good cause (5 U.S.C. 553(d)(3)), instead of requiring publication 30
days prior to the effective date. For the reasons already stated, FMCSA
finds there is good cause for this rule to be effective immediately.
V. International Impacts
Motor carriers and drivers are subject to the laws and regulations
of the countries that they operate in, unless an international
agreement states otherwise. Drivers and carriers should be aware of the
regulatory differences between nations.
VI. Section-by-Section Analysis
This section-by-section analysis describes the changes to the
regulatory text in numerical order.
Appendix B to Part 386--Penalty Schedule: Violations and Monetary
Penalties
FMCSA removes the words ``part 40 of this title and'' from
paragraph (a)(1).
VII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
FMCSA has considered the impact of this final rule under E.O. 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563
(76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory
Review, and DOT Regulatory Policies and Procedures. The Office of
Information and Regulatory Affairs within the Office of Management and
Budget (OMB) determined that this final rule is not a significant
regulatory action under section 3(f) of E.O. 12866, as supplemented by
E.O. 13563, and does not require an assessment of potential costs and
benefits under section 6(a)(3) of that order. Accordingly, OMB has not
reviewed it under that E.O.
FMCSA amends the regulations to remove the reference to 49 CFR part
40 from the civil penalty schedule in Appendix B to 49 CFR part 386.
FMCSA does not impose civil penalties for violations of part 40, so
removing this reference will have no impact on regulated entities or on
the Agency's enforcement of penalties for violations of the
regulations. FMCSA does not expect that any regulated entities will
change their behavior as a result of this rule, and therefore the final
rule will not result in any impacts to regulated entities other than
removing unnecessary language from the CFR. It could result in some
cost savings by reducing the amount of time to become familiar with the
regulations. FMCSA assumes any realized cost savings to be de minimis.
FMCSA does not have data to estimate the reduction in costs that would
result from this final rule.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity
Through Deregulation, requires that for ``each new [E.O. 14192
regulatory action] issued, at least ten prior regulations be identified
for elimination.'' \1\
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\1\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067. Feb. 6, 2025.
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Implementation guidance for E.O. 14192 issued by OMB (Memorandum M-
25-20, Mar. 26, 2025) defines two different types of E.O. 14192
actions: an E.O. 14192 deregulatory action, and an E.O. 14192
regulatory action.\2\
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\2\ Executive Office of the President. Office of Management and
Budget. Guidance Implementing Section 3 of Executive Order 14192,
Titled ``Unleashing Prosperity Through Deregulation.'' Memorandum M-
25-20. March 26, 2025.
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An E.O. 14192 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero.'' This final
rulemaking is expected to have total costs less than zero because it
will result in a more streamlined Code of Federal Regulations, and
therefore is considered an E.O. 14192 deregulatory action. The cost
savings of this rulemaking could not be quantified.
C. Congressional Review Act
This rule is not a major rule as defined under the Congressional
Review Act (5 U.S.C. 801-808).'' \3\
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\3\ A major rule means any rule that OMB finds has resulted in
or is likely to result in (a) an annual effect on the economy of
$100 million or more; (b) a major increase in costs or prices for
consumers, individual industries, geographic regions, Federal,
State, or local government agencies; or (c) significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export
markets (5 U.S.C. 804(2)).
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D. Regulatory Flexibility Act (Small Entities)
Pursuant to the Regulatory Flexibility Act 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 regulatory flexibility analysis under 5 U.S.C. 604(a) for
this final rule because FMCSA has not issued a notice of proposed
rulemaking prior to this action.
E. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857),
FMCSA wants to assist small entities in understanding this final rule
so 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 person listed under FOR FURTHER INFORMATION CONTACT.
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 (Office of the National
Ombudsman, see https://www.sba.gov/about-sba/oversight-advocacy/office-national-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 regarding the rights of small entities to regulatory
enforcement fairness and an explicit policy against retaliation for
exercising these rights.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) requires Federal agencies to assess the effects of their
discretionary regulatory actions. 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 $206 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2024 levels) or more in any 1 year. Because this rule will not result
in such an expenditure, a written statement is not required.
G. Paperwork Reduction Act
This final rule contains no new information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
H. 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
[[Page 22866]]
responsibilities among the various levels of government.''
FMCSA has determined that this rule will not have substantial
direct costs on or for States, nor will it limit the policymaking
discretion of States. Nothing in this document preempts any State law
or regulation. Therefore, this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Impact
Statement.
I. Privacy
The Consolidated Appropriations Act, 2005,\4\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This rule will not require the collection of
personally identifiable information.
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\4\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
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The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program.
The E-Government Act of 2002,\5\ requires Federal agencies to
conduct a Privacy Impact Assessment (PIA) for new or substantially
changed technology that collects, maintains, or disseminates
information in an identifiable form. No new or substantially changed
technology will collect, maintain, or disseminate information as a
result of this rule. Accordingly, FMCSA has not conducted a PIA.
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\5\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
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In addition, the Agency will complete a Privacy Threshold
Assessment (PTA) to evaluate the risks and effects the final rule might
have on collecting, storing, and sharing personally identifiable
information. The PTA will be submitted to FMCSA's Privacy Officer for
review and preliminary adjudication and to DOT's Privacy Officer for
review and final adjudication.
J. 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.
K. National Environmental Policy Act of 1969
FMCSA analyzed this final rule pursuant to 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), Appendix 2,
paragraph (6)(b). The categorical exclusion in paragraphs (6)(b) and
(6)(u) cover regulations which are editorial or procedural, such as
those updating addresses or establishing application procedures, and
procedures for acting on petitions for waivers, exemptions and
reconsiderations, including technical or other minor amendments to
existing FMCSA regulations, and regulations implementing rules of
practice, respectively. The Agency believes this final rule will not
have a reasonably foreseeable significant effect on the quality of the
human environment.
List of Subjects in 49 CFR Part 386
Administrative practice and procedure, Brokers, Freight forwarders,
Hazardous materials transportation, Highway safety, Motor carriers,
Motor vehicle safety, Penalties.
Accordingly, FMCSA revises 49 CFR chapter III, part 386 to read as
follows:
PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS
0
1. The authority citation for part 386 continues to read as follows:
Authority: 28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note,
31306a; 49 U.S.C. chapters 5, 51, 131-141, 145-149, 311, 313, and
315; and 49 CFR 1.81, 1.87.
0
2. Amend appendix B to part 386 by revising paragraph (a)(1) to read as
follows:
APPENDIX B TO PART 386--PENALTY SCHEDULE: VIOLATIONS AND MONETARY
PENALTIES
* * * * *
(a)(1) Recordkeeping. A person or entity that fails to prepare
or maintain a record required by parts 382, subpart A, B, C, D, E,
or F, 385, and 390 through 399 of this subchapter, or prepares or
maintains a required record that is incomplete, inaccurate, or
false, is subject to a maximum civil penalty of $1,584 for each day
the violation continues, up to $15,846.
* * * * *
Issued under authority delegated in 49 CFR 1.87.
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-09703 Filed 5-27-25; 4:15 pm]
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