[Federal Register Volume 91, Number 6 (Friday, January 9, 2026)]
[Proposed Rules]
[Pages 940-945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-00268]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 390
[Docket No. FMCSA-2025-0124]
RIN 2126-AC77
Clarification to the Applicability of Emergency Exemptions;
Response to Petitions for Reconsideration
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: In response to several petitions for reconsideration, FMCSA
proposes to revise from 14 days to 30 days the length of the emergency
relief automatically triggered subsequent to a regional declaration of
emergency by a Governor of a State, their authorized representative, or
FMCSA. This proposal would reverse one change made by a final rule
published in October of 2023.
DATES: Comments must be received on or before March 10, 2026.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0124 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-FMCSA-2025-0124/document. Follow the
online instructions for submitting comments.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, 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.
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments, including information collection comments for the Office of
Information and Regulatory Affairs, OMB.
FOR FURTHER INFORMATION CONTACT: Ms. Kathryn Sinniger, Regulatory and
[[Page 941]]
Legislative Affairs Division, Office of the Chief Counsel, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590-0001, (202) 570-8062,
[email protected]. If you have questions on viewing material in
the docket, call Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
NPRM (FMCSA-2025-0124), indicate the specific section of this document
to which your comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2025-0124/document, click on this NPRM, click ``Comment,''
and type your comment into the text box on the following screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
FMCSA will consider all comments and material received during the
comment period.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the NPRM contain commercial or financial
information that is customarily treated as private, that you actually
treat as private, and that is relevant or responsive to the NPRM, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission that constitutes CBI as
``PROPIN'' to indicate it contains proprietary information. FMCSA will
treat such marked submissions as confidential under the Freedom of
Information Act, and they will not be placed in the public docket of
the NPRM. Submissions containing CBI should be sent to Brian Dahlin,
Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590-0001 or via email at
[email protected]. You need not send a duplicate hardcopy of your
electronic CBI submissions to FMCSA headquarters. Any comments FMCSA
receives not specifically designated as CBI will be placed in the
public docket for this rulemaking.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2025-0124/document and
choose the document to review. To view comments, click this NPRM, then
click ``Browse Comments.'' If you do not have access to the internet,
you may view the docket online by visiting Dockets Operations on the
ground floor of the DOT West Building, 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.
C. Privacy
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, including any personal information the commenter provides, to
www.regulations.gov as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed
at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edits and are
searchable by the name of the submitter.
II. Abbreviations
ANPRM Advance notice of proposed rulemaking
CE Categorical Exclusion
CMV Commercial motor vehicle
CVSA Commercial Vehicle Safety Alliance
DOT Department of Transportation
FMCSA Federal Motor Carrier Safety Administration
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
HOS Hours of service
NPGA National Propane Gas Association
NPRM Notice of Proposed Rulemaking
OOIDA Owner Operator Independent Driver Association
PIA Privacy Impact Analysis
PTA Privacy Threshold Assessment
SCHTO Subcommittee on Highway Transport
UMRA The Unfunded Mandates Reform Act of 1995
U.S.C. United States Code
III. Legal Basis
This NPRM is issued under the authority of 49 U.S.C. 31136(a) and
31133(a)(10). The Secretary of Transportation (the Secretary) has
authority under 49 U.S.C. 31136(a) to ``prescribe regulations on
commercial motor vehicle safety. The regulations shall prescribe
minimum safety standards for commercial motor vehicles.'' Where
appropriate, the Secretary may provide exceptions to the applicability
and scope of such regulations.
Authority to ``perform other acts the Secretary considers
appropriate'' is conferred by 49 U.S.C. 31133(a)(10). The Secretary,
acting through FMCSA, finds the use of emergency relief in the wake of
an emergency to be appropriate and in the public interest.
Pursuant to 49 CFR 1.87, the Secretary has delegated this statutory
authority to the FMCSA Administrator.
IV. Regulatory History
On October 13, 2023, FMCSA published in the Federal Register (88 FR
70897) a final rule titled ``Clarification to the Applicability of
Emergency Exemptions.'' That final rule revised the emergency exemption
rules, found in 49 CFR 390.23 and 390.25. Among other changes, the
revisions narrowed the scope of the safety regulations from which
relief is automatically provided when an emergency is declared by a
Governor (or other authorized State-level official), FMCSA, or a local
government official. The exemptions continue to apply only to motor
carriers and drivers providing direct assistance in response to the
declared emergency.
Specifically, the final rule made changes to the definitions of
emergency and direct assistance and removed the definition of the term
emergency relief. It revised the scope of the regulatory relief that
takes effect upon a regional declaration of emergency by a Governor, a
Governor's authorized representative, or FMCSA, such that the automatic
exemption would be limited to 14 days and exempt motor carriers and
commercial motor vehicle (CMV) drivers from only the hours of service
(HOS) regulations in sections 395.3 and 395.5. The previous regulation
provided that the automatic exemption was limited to 30 days and
covered all regulations in 49 CFR parts 390 through 399. For local
emergencies, which were already limited to a 5-day period of automatic
relief, the final rule narrowed
[[Page 942]]
the exemption to cover only the HOS regulations in sections 395.3 and
395.5, rather than all regulations in 49 CFR parts 390 through 399.
Finally, the final rule simplified the process for requesting
modifications and extensions of emergency exemptions, found in section
390.25.
V. Petitions for Reconsideration
Following the publication of the final rule, FMCSA received seven
petitions for reconsideration,\1\ filed by the following entities: The
Commercial Vehicle Safety Alliance (CVSA); Doug Burgum, Governor of
North Dakota; the Montana Department of Transportation; the Western
Association of State Highway Transportation Officials Subcommittee on
Highway Transport; the National Propane Gas Association (NPGA); Owner-
Operator Independent Drivers Association, Inc. (OOIDA); \2\ Brad
Little, Governor of Idaho; and Kristi Noem, Governor of South Dakota.
Six of the seven petitions requested that FMCSA reconsider the 14-day
automatic time limit placed on emergency exemptions when those
exemptions are triggered by an emergency declaration issued by a
Governor or a delegee for a Governor. Each of these petitions noted
that the 14-day limit was too short, cited specific examples of events
where the emergency response surpassed 14 days, and argued that the
various clearance procedures involved in requesting extensions for the
emergency exemption, at both the State and Federal levels, made it
necessary to request an extension before it was even known how much
additional time would be needed. The seventh petition requested that
FMCSA revoke the final rule in its entirety. All seven petitions may be
found in the docket for this rulemaking.
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\1\ Two of the petitions came in after the period for filing a
petition for reconsideration had ended. However, FMCSA is treating
them as properly submitted petitions for reconsideration, as the
Agency had not issued responses to any of the petitions submitted
prior to receiving the late-filed petitions.
\2\ NPGA and OOIDA jointly filed one petition for
reconsideration.
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In January 2025, FMCSA notified all petitioners that it would
reconsider the final rule on the limited issue of the maximum time a
regional emergency exemption would trigger relief from HOS regulations
in sections 395.3 and 395.5. A copy of the letters to the petitioners
are also included in the docket for this rulemaking.
VI. Discussion of Proposed Rule
In response to the petitions listed above, FMCSA is reconsidering
the 14-day time limit for the automatic relief triggered by a regional
emergency declaration, found at section 390.23(b). This proposed rule,
if adopted, would revert the automatic time limit for regional
emergency exemptions back to the 30-day limit that existed prior to the
issuance of the October 2023 final rule. The need for direct assistance
requiring regulatory relief may extend beyond the 14-day limit
currently found in section 390.23(b). FMCSA experienced several
instances since the final rule was issued where decisions on extension
requests could not be issued until very close to the expiration time of
the automatic emergency exemption, which created uncertainty about
whether the emergency exemption would be in place for a longer period
of time. Instances where such regulatory relief extended beyond 14 days
include: the collapse of the Francis Scott Key Bridge in Baltimore,
Maryland in the spring of 2024; the wildfires in western United States;
and the historic back-to-back hurricanes in North Carolina in the fall
of 2024.\3\ Most petitioners reported that the time needed to draft and
process exemption extensions, both at the State and Federal level, can
be lengthy. In some scenarios, emergency responders are forced to
justify an extension request before they know how much additional time
will be required to respond to an emergency situation. In these cases,
responders may need to delay their direct assistance in order to ensure
the extension is completed, and CMV drivers engaged in direct
assistance may delay operations, if their operation would extend past
the 14 days, until they know an extension has been issued. FMCSA agrees
with petitioners who pointed out that any delay in response in such
situations, while rare, is unacceptable because it creates a risk of
delays in the provision of emergency assistance.
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\3\ All emergency exemptions are available here: https://www.fmcsa.dot.gov/emergency-declarations.
The first exemption granted related to the Francis Scott Key
Bridge collapse is available here: https://www.fmcsa.dot.gov/emergency/maryland-executive-order-0101202409. It was subsequently
extended four times. The emergency exemptions related to the
hurricanes in North Carolina were also extended several times.
Emergency exemptions related to wildfires are granted on a regular
basis in several States. Exemption extensions related to hurricanes
and wildfires can both be found through a search of the first link
in this footnote.
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Based on the foregoing, FMCSA is proposing to change the time limit
placed on the automatic emergency exemption that is triggered by a
regional emergency declaration, i.e., a declaration by a Governor,
their authorized representative, or FMCSA. If this proposed rule is
adopted, the applicable time limit for an automatic emergency exemption
would be 30 days, as it was prior to the effective date of the October
2023 final rule. However, the terms of the exemption would require that
it not continue after the emergency period if that period is less than
30 days. This limitation existed prior to the October 2023 final rule
and was maintained with that final rule. This means that should a
Governor issue an emergency declaration for 14 days, the emergency
exemption would also be limited to 14 days. Likewise, if a Governor
cancels a 30-day emergency declaration after 20 days, the emergency
exemption would also be cancelled. In addition, the limitation that the
emergency relief from sections 395.3 and 395.5 during a declared
emergency only applies to motor carriers and drivers providing direct
assistance during the emergency would remain in place. FMCSA believes
that these limitations would continue to meet the goal of ensuring that
the relief granted through emergency declarations is appropriate and
tailored to the specifics of the circumstances and emergencies being
addressed.
Issues on Which the Agency Seeks Further Comment
FMCSA invites comment on all aspects of the NPRM from all
stakeholders, but we are particularly interested in comments from
States that address the following issues. In addressing topics, FMCSA
requests that commenters number their remarks to correspond with the
list below:
1. How frequently have emergency declarations, issued by your
State, required extensions beyond the current regulatory limit (14
days)?
2. To what extent would the proposed rule reduce the number of
extensions requests that your State needs to submit annually?
3. What are the estimated administrative costs, incurred by your
State, in preparing and submitting requests for extensions of emergency
declarations?
4. Would the proposed rule lead to any changes in your State's
resource allocation or staffing needs as it relates to emergency
management and regulatory compliance?
VII. International Impacts
Motor carriers and drivers are subject to the laws and regulations
of the countries they operate in, unless an international agreement
states otherwise. Non-U.S. domiciled carriers and drivers would be able
to provide direct assistance in some scenarios, under the terms of the
emergency
[[Page 943]]
exemption provisions found in section 390.23.
VIII. Section-by-Section Analysis
There is only one change that would be made in this proposed
rulemaking. In section 390.23, in paragraph (b), the number ``14''
would be changed to ``30,'' thereby increasing the length of time for
an emergency exemption based on a regional declaration of an emergency.
This change would revert the length of time for a regional emergency
exemption to the automatic time limit that existed prior to the October
2023 final rule.
IX. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
FMCSA has considered the impact of this proposed rule under E.O.
12866 (58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, and
DOT Order 2100.6B, Policies and Procedures for Rulemakings.\4\
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\4\ DOT Order 2100.6B, available at https://www.transportation.gov/regulations/dot-order-21006b-policies-and-procedures-rulemakings.
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In the October 2023 final rule, FMCSA stated that it did not expect
that final rule to result in substantive incremental impacts relative
to the baseline established in the Federal Motor Carrier Safety
Regulations (FMCSRs). See 88 FR 70987, 70903. The final rule included
an analysis of the costs and benefits of the final rule. One cost cited
was the increase in the number of extension requests from motor
carriers and drivers, resulting from the reduction in the automatic
exemption from 30 days to 14 days. FMCSA reported this extension
request cost as part of its Paperwork Reduction Act compliance, where
the Agency estimated a total annual cost of $1,011 for the submission
of the extension requests and a total Federal government annual cost of
$1,589 to review and approve the requests. See 88 FR 70987, 70904.
FMCSA assumed that 50 individuals would submit requests for extensions
each year based on input from the FMCSA Crisis Management Center, and
that extension requests would take 15 minutes to complete, for a total
of 12.5 hours of labor (50 respondents x 15 minutes). FMCSA also
assumed that a motor carrier employee equivalent to General and
Operations Managers with a loaded hourly wage of $80.88 will submit the
extension request.\5\ As such, there would have been an annual cost of
$1,011 ($80.88 x 12.5 hours) to submit extension requests. For the
estimate of government costs, FMCSA assumed that requests for
extensions would take 15 minutes each to review by a GS-13, step 5 in
the Washington, DC area with a loaded hourly wage of $127.13.\6\ The
annual cost to review these extension requests would have been $1,589
($127.13 x 12.5 hours).
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\5\ The loaded hourly wage is a product of the median hourly
wage of a General and Operations multiplied by the fringe benefits
rate of 50.5 percent and overhead costs of 21 percent. The median
hourly wage of a General and Operations Manager is $47.16. A General
Operations Manager falls under the Bureau of Labor Statistics
Occupation Code 11-1021. Data is from the BLS Occupational
Employment and Wage Statistics (OEWS), National, May 2022, available
at https://www.bls.gov/oes/tables.htm (accessed Nov. 17, 2025).
\6\ The hourly wage for a GS-13 Step 5 in the Washington, DC
region was multiplied by the federal government fringe benefits rate
of 45 percent and the federal government overhead rate of 64 percent
to arrive at the loaded hourly wage. The hourly wage denoted in the
OPM schedule for a GS-13 step 5 is $60.83. Available at https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2023/DCB_h.pdf (accessed Nov. 17, 2025).
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This proposed rule would revert one change from the October 2023
final rule in section 390.23, in paragraph (b), to what it was prior to
that final rule--30 days. As a result, FMCSA does not expect that
making the change in this proposed rule would result in substantive
incremental impacts relative to the baseline established in the FMCSRs,
nor would it result in substantive incremental impacts relative to the
baseline established by the October 2023 final rule. Generally,
emergency exemptions are issued and extended to cover whatever period
needed for CMV operators to provide direct assistance to restore
essential supplies and services. This was the case before the October
2023 final rule, has been the case since the October 2023 final rule
came into effect, and would continue to be the case under this proposed
rule should it become a final rule. The only impact this proposal would
have would be to reduce the number of extension requests needed, as
more emergencies would be covered under the 30-day time period than
were covered by the 14-day time period. Consequently, FMCSA estimates
that this rule could yield annual cost savings up to the 2023 final
rule cost estimates: $1,011 for motor carriers and up to $1,589 for the
Federal Government, depending on the reduction in emergency exemption
requests.
FMCSA is not estimating how large that reduction might be at this
time. Rather, the Agency will update the expected number of extension
requests per year when completing the renewal process for the approved
collection of information, OMB Control Number 2126-0077, ``Emergency
Declaration Exemption Reporting under 49 CFR 390.25.'' That collection
is scheduled to expire on January 31, 2027. This may result in FMCSA
over-estimating the burden on both the public and the Agency for
approximately one year.
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.'' \7\
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\7\ 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 the Office of
Management and Budget (OMB) (Memorandum M-25-20, March 26, 2025)
defines two different types of E.O. 14192 actions: an E.O. 14192
deregulatory action, and an E.O. 14192 regulatory action.\8\
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\8\ 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 (Mar. 26, 2025).
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An E.O. 14912 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero.'' This proposed
rulemaking is expected to have total costs less than zero, and
therefore would be considered an E.O. 14192 deregulatory action upon
issuance of a final rule. FMCSA seeks comment on how States, motor
carriers, and individuals will be impacted by the decrease in extension
requests filed and any other information that would aid the Agency in
quantifying costs or savings associated with this proposed rule.
B. Congressional Review Act
This rulemaking is not a major rule as defined under the
Congressional Review Act (5 U.S.C. 801-808).'' \9\
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\9\ A major rule means any rule that the Office of Management
and Budget 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. See 5 U.S.C. 804(2).
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C. Advance Notice of Proposed Rulemaking
Under 49 U.S.C. 31136(g), FMCSA is required to publish an advance
notice of proposed rulemaking (ANPRM) or
[[Page 944]]
proceed with a negotiated rulemaking, if a proposed safety rule ``under
this part'' \10\ is likely to lead to the promulgation of a major rule.
As this proposed rule is not likely to result in the promulgation of a
major rule, the Agency is not required to issue an ANPRM or to proceed
with a negotiated rulemaking.
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\10\ Part B of Subtitle VI of Title 49, United States Code,
i.e., 49 U.S.C. chapters 311-317.
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D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\11\
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
businesses 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 (5
U.S.C. 601(6)). 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.
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\11\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
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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),
codified at 5 U.S.C. 601 note, FMCSA wants to assist small entities in
understanding this proposed rule so they can better evaluate its
effects on themselves and participate in the rulemaking initiative. If
this rulemaking 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. Though this proposal would not
result in such an expenditure, and the analytical requirements of UMRA
do not apply as a result, the Agency discusses the effects of this
rulemaking elsewhere in this preamble.
G. Paperwork Reduction Act
This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The existing collections of information contained in section
390.25 are covered by an approved collection, OMB Control Number 2126-
0077, ``Emergency Declaration Exemption Reporting under 49 CFR
390.25.''
H. E.O. 13132 (Federalism)
A rulemaking 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 rulemaking would not have
substantial direct costs on or for States, nor would it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this rulemaking does not have
sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.
I. Privacy
The Consolidated Appropriations Act, 2005,\12\ requires the Agency
to assess the privacy impact of a regulation that would affect the
privacy of individuals. This rulemaking would not require the
collection of personally identifiable information.
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\12\ 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,\13\ 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 rulemaking.
Accordingly, FMCSA has not conducted a PIA.
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\13\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec.
17, 2002).
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In addition, the Agency completed a Privacy Threshold Assessment
(PTA) to evaluate the risks and effects the rulemaking might have on
collecting, storing, and sharing personally identifiable information.
The PTA has been submitted to FMCSA's Privacy Officer for review and
preliminary adjudication and would be submitted to DOT's Privacy
Officer for review and final adjudication.
J. E.O. 13175 (Indian Tribal Governments)
This rulemaking 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 NPRM 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 DOT
Order 5610.1D,\14\ Subpart B, paragraph e(6)(y)(4). The categorical
exclusion (CE) in paragraph e(6)(y)(4) is for relief during regional
and local emergencies and therefore the proposed requirements in this
rulemaking are covered by this CE.
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\14\ Available at https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts.
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[[Page 945]]
L. Rulemaking Summary
As required by 5 U.S.C. 553(b)(4), a summary of this rulemaking can
be found in the Abstract section of the Department's Unified Agenda
entry at https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202504&RIN=2126-AC77.
List of Subjects in 49 CFR Part 390
Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, FMCSA proposes to amend
49 CFR part 390 as follows:
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS: GENERAL
The authority citation would continue to read as follows:
Authority: 49 U.S.C. 113, 504, 508, 31132, 31133, 31134, 31136,
31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103-311, 108
Stat. 1673, 1677; secs. 212 and 217, Pub. L. 106-159, 113 Stat.
1748, 1766, 1767; sec. 229, Pub. L. 106-159 (as added and
transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L.
109-59, 119 Stat. 1144, 1726, 1743, 1744), 113 Stat. 1748, 1773;
sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; secs. 32101(d) and
32934, Pub. L. 112-141, 126 Stat. 405, 778, 830; sec. 2, Pub. L.
113-125, 128 Stat. 1388; secs. 5403, 5518, and 5524, Pub. L. 114-94,
129 Stat. 1312, 1548, 1558, 1560; sec. 2, Pub. L. 115-105, 131 Stat.
2263; and 49 CFR 1.81, 1.81a, 1.87.
Sec. 390.23 Automatic relief from regulations.
0
1. In Sec. 390.23(b), remove the number ``14'' and add, in its place,
the number ``30.''
Issued under the authority of delegation in 49 CFR 1.87.
Derek D. Barrs,
Administrator.
[FR Doc. 2026-00268 Filed 1-8-26; 8:45 am]
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