[Federal Register Volume 91, Number 118 (Monday, June 22, 2026)]
[Rules and Regulations]
[Pages 37047-37050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-12449]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 383 and 384
[Docket No. FMCSA-2025-0111]
RIN 2126-AC85
Removal of Self-Reporting Requirement
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FMCSA amends the regulations requiring commercial driver's
license (CDL) holders to self-report motor vehicle violations to their
State of domicile. With the implementation of the exclusive electronic
exchange (EEE) of violations between State Drivers Licensing Agencies
(SDLAs) in 2024, self-reporting is no longer necessary. This action
supports the Administration's deregulatory efforts.
DATES: Effective July 22, 2026.
Petitions for reconsideration of this final rule must be submitted
to the FMCSA Administrator no later than July 22, 2026.
FOR FURTHER INFORMATION CONTACT: Mr. Bryan Price, Acting Chief,
Commercial Drivers License Division, DOT, FMCSA, 1200 New Jersey Avenue
SE, Washington, DC, 20590; (202) 680-4831; [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. Abbreviations
III. Legal Basis
IV. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
B. Comments and Responses
V. Changes from the NPRM
VI. International Impacts
VII. Section-by-Section Analysis
VIII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review) and DOT
Rulemaking Procedures
B. E.O. 14192 (Unleashing American 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)
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-2025-0111/document and
choose the document to review. To view comments, click this final rule,
then click ``Document Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
in Room W58-213 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.
II. Abbreviations
CDL Commercial driver's license
CFR Code of Federal Regulations
CMV Commercial motor vehicle
CMVSA Commercial Motor Vehicle Safety Act of 1986
DOT Department of Transportation
EEE Exclusive Electronic Exchange
FHWA Federal Highway Administration
FMCSA Federal Motor Carrier Safety Administration
FMCSR Federal Motor Carrier Safety Regulations
FR Federal Register
MCSIA Motor Carrier Safety Improvement Act of 1999
NEPA National Environmental Policy Act
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PII Personally Identifiable Information
PTA Privacy Threshold Assessment
SDLA State Drivers Licensing Agency
UMRA Unfunded Mandates Reform Act of 1995
U.S.C. United States Code
III. Legal Basis
Congress enacted the Commercial Motor Vehicle Safety Act (CMVSA) of
1986 (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 a commercial motor vehicle (CMV). 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(a)).
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
[[Page 37048]]
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 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 section 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.
IV. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
On May 30, 2025, FMCSA published in the Federal Register (Docket
No. FMCSA-2025-0111, 90 FR 22902) an NPRM titled ``Removal of Self-
Reporting Requirement.'' The NPRM proposed removing the requirement
that CDL holders self-report motor vehicle violations to their State of
domicile. With the implementation of the EEE of violations between
SDLAs in 2024, self-reporting is no longer necessary.
B. Comments and Responses
FMCSA solicited comments concerning the NPRM for 60 days ending on
July 29, 2025. By that date, eight comments were received. One of these
comments was withdrawn, as it was submitted to the wrong docket. The
remaining comments were from two individuals and five organizations:
the American Trucking Associations (ATA), Energy Marketers of America
(EMA), the National Association of Pupil Transport (NAPT), the Owner-
Operator Independent Driver Association (OOIDA), and Veolia North
America.
Comments
All of the commenters, except NAPT, expressed support for the
proposal. Their support noted reporting redundancies (with the EEE
Federal mandate in place as of April 26, 2013, 78 FR 24684) and focused
on the fact that States have established systems for EEE of driver
history record information via the Commercial Driver's License
Information System. Commenters stated that the existing requirement for
CDL holders to also self-report is therefore not necessary.
NAPT said that their members did not believe that the mandate was
being applied consistently across States, and that several States do,
in fact, continue to rely on self-reporting. NAPT requested a clear and
consistent direction for what to do if the self-reporting requirement
were eliminated from the FMCSR, but a driver's State of domicile still
requires the report. It also requested the creation of a resource that
would list all of the States still requiring driver reports.
FMCSA Response
FMCSA appreciates that commenters took the time to share their
support of this rulemaking. As no commenter asked for any modifications
or clarifications, FMCSA did not change the substance of the final rule
from what was proposed in the NPRM.
FMCSA agrees with the comment from NAPT that having the information
on which States continue to require drivers to notify their SDLAs of
convictions outside of their State of domicile would be helpful.
However, FMCSA will not be compiling this list. The Agency advises CDL
holders to continue to check and comply with the requirements of their
State of domicile. Nothing in this rule absolves a CDL holder from
having to comply with a State requirement if that requirement exists.
V. Changes From the NPRM
There are no substantive changes made from the NPRM in this final
rule, but this rule does finalize an additional deletion of the phrase
``State official and'' as a conforming change, as it is no longer
necessary.
VI. International Impacts
Motor carriers and drivers are subject to the laws and regulations
of the countries in which they operate, unless an international
agreement states otherwise. Foreign-domiciled drivers and motor
carriers operating in the United States must comply with all applicable
U.S. Federal regulations. Drivers and carriers should be aware of the
regulatory differences between nations.
VII. Section-by-Section Analysis
This section-by-section analysis describes the changes to the
regulatory text in numerical order. This rule makes changes to 49 CFR
383.31, Notification of convictions for driver violations. It removes
current paragraph (a), which requires CDL holders who are convicted of
certain motor vehicle violations to notify the SDLA in their State of
domicile of the violation. As discussed above, this notification now
happens at the State/SDLA level, therefore it is redundant to require
the CDL holder to also make the notification. Current paragraph (b) is
redesignated as paragraph (a), but the last sentence is deleted, and a
phrase is removed as a conforming change. Paragraph (c) is redesignated
as paragraph (b) and is revised to refer only to employer
notifications. Current paragraph (d) is removed, as it is no longer
necessary.
This rule also makes a minor change to section 384.409, to remove a
sentence referencing section 383.31(a).
VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and
DOT Rulemaking Procedures
FMCSA has considered the impact of this final rule under E.O. 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, and DOT's
Rulemaking Procedures, 49 CFR part 5, subpart B. The Office of
Information and Regulatory Affairs within the Office of Management and
Budget (OMB) determined that this final rulemaking is not a significant
regulatory action under section 3(f) of E.O. 12866, and has not
reviewed it under that E.O.
FMCSA removes the redundant requirement that a CDL holder notify
their State of domicile when they are convicted of certain motor
vehicle violations. States have been fulfilling this task exclusively
using electronic reporting requirements since 2024. FMCSA has
determined that it is not necessary to continue to have a regulatory
back-up mechanism in place. This final rule would not result in
additional costs on regulated entities, but would result in cost
savings for CDL holders, who would no longer be required to notify
their SDLA of certain convictions. CDL holders currently submit this
information to their State of domicile, and not to FMCSA. As such,
FMCSA does not capture the information needed to quantify the reduction
in reporting burden. This final rule would not impact safety because
the reporting requirement is redundant, and the notification will
[[Page 37049]]
continue to occur at the State (SDLA) level.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192, Unleashing Prosperity Through Deregulation, was issued
on January 31, 2025 (90 FR 9065, Jan. 31, 2025). E.O. 14192 requires
that, for every one new regulation issued by an Agency, at least 10
prior regulations be identified for elimination, and that the cost of
planned regulations be prudently managed and controlled through a
budgeting process. Implementation guidance addressing the requirements
of E.O. 14192 (Memorandum M-25-20) was issued by OMB on March 26, 2025.
This final rule is expected to have total costs of less than zero, and
therefore is an E.O. 14192 deregulatory action. FMCSA is unable to
quantify the cost savings that would result from this rulemaking.
C. Congressional Review Act
This rule is not a major rule as defined under the Congressional
Review Act (5 U.S.C. 801-808).'' \1\
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\1\ 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)
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\2\
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. No regulatory
flexibility analysis is required, however, if the head of an agency or
an appropriate designee certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
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\2\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
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This rule will impact drivers. Drivers are not considered small
entities because they do not meet the definition of a small entity in 5
U.S.C. 601. Specifically, drivers are considered neither a small
business under 5 U.S.C. 601(3), nor are they considered a small
organization under 5 U.S.C. 601(4). Drivers are also not small
governmental entities under 5 U.S.C. 601(5). Therefore, this rulemaking
will not impact a substantial number of small entities. Consequently, I
certify that the action will not have a significant economic impact on
a substantial number of small entities.
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 will 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 businesses. 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 fairness in
regulatory enforcement 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 one year. Though this final rule 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 rule
elsewhere in this preamble.
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). The
currently approved information collection titled ``Commercial Driver
Licensing and Test Standards'' (OMB approval number 2126-0011) includes
burden estimates for the State-to-State reporting but does not include
a specific burden estimate for driver reporting to their SDLA. As such,
there is no need to revise the already approved collection.
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 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,\3\ 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 (PII).
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\3\ 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,\4\ requires Federal agencies to
conduct a PIA for new or substantially changed technology that
collects, maintains, or disseminates information in an identifiable
form.
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\4\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
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[[Page 37050]]
In addition, the Agency submitted a Privacy Threshold Assessment
(PTA) to evaluate the risks and effects the rulemaking might have on
collecting, storing, and sharing PII. The PTA has been submitted to
FMCSA's Privacy Officer for review and preliminary adjudication and
will be submitted 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 rule pursuant to the National Environmental
Policy Act of 1969 (NEPA) (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 5610.1D,\5\ Subpart B, paragraph (e)(6)(b).
The Categorical Exclusion (CE) in paragraph (6)(b) relates to
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.
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\5\ Available at: https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts.
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List of Subjects
49 CFR Part 383
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.
49 CFR Part 384
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
Accordingly, 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 continues 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, 397, sec. 4140 of
Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141,
126 Stat. 405, 830; secs, 5401 and 7208m Pub. L. 114-94, 129 Stat.
1312, 1546, 1593 (49 U.S.C. 31305(d)), sec. 23019 of Pub. L. 117-58,
135 Stat. 429, 777; and 49 CFR 1.87.
Sec. 383.31 [Amended]
0
2. Amend Sec. 383.31 by:
0
a. Removing paragraph (a);
0
b. Redesignating paragraphs (b) and (c) as (a) and (b), respectively;
0
c. Amending newly redesignated paragraph (a) by removing the last
sentence;
0
d. Amending newly redesignated paragraph (b) by removing the phrase
``State official and;''; and
0
e. Removing paragraph (d).
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. 106-159, 113 Stat. 1748, 1753, 1767; sec.
32934 of Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524 of Pub. L.
114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87.
Sec. 384.409 [Amended]
0
4. Amend Sec. 384.409 by removing the second sentence.
Issued under authority delegated in 49 CFR 1.87.
Derek Barrs,
Administrator.
[FR Doc. 2026-12449 Filed 6-18-26; 8:45 am]
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