[Federal Register Volume 91, Number 118 (Monday, June 22, 2026)]
[Rules and Regulations]
[Pages 37053-37056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-12450]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 396
[Docket No. FMCSA-2025-0116]
RIN 2126-AC90
Completed Inspection Report Disposition
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FMCSA amends the regulations to revise the requirement that
motor carriers and intermodal equipment providers sign and return a
completed roadside inspection form to the issuing State agency. FMCSA
is aware that not all issuing State agencies require the return of
these reports, and that requiring motor carriers and intermodal
equipment providers to submit these reports to a State that does not
require, or even request, the return of the form creates an unnecessary
burden. Through this change, completed forms will only be returned to
those States that request them. This action is in response to a
petition for rulemaking from the Commercial Vehicle Safety Alliance
(CVSA).
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. Bill Mahorney, Chief, Enforcement
Division, FMCSA, (202) 493-0001, [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
[[Page 37054]]
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-2025-0116/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
ATA American Trucking Associations
CBI Confidential Business Information
CFR Code of Federal Regulations
CMV Commercial motor vehicle
CVSA Commercial Vehicle Safety Alliance
DOT Department of Transportation
FMCSA Federal Motor Carrier Safety Administration
FR Federal Register
IC Information Collection
NATC North American Transportation Consultants, Inc.
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PII Personally Identifiable Information
PTA Privacy Threshold Assessment
UMRA Unfunded Mandates Reform Act of 1995
U.S.C. United States Code
III. Legal Basis
The Motor Carrier Safety Act of 1984 (Pub. L. 98-554, Title II, 98
Stat. 2832, October 30, 1984), as amended, (the 1984 Act) provides
broad authority to regulate drivers, motor carriers, and vehicle
equipment. Section 211 of the 1984 Act grants the Secretary broad
power, in carrying out motor carrier safety statutes and regulations,
to ``prescribe recordkeeping and reporting requirements'' and to
``perform other acts the Secretary considers appropriate'' (49 U.S.C.
31133(a)(8) and (10)). The FMCSA Administrator has been delegated
authority under 49 CFR 1.87(f) to carry out the functions vested in the
Secretary of Transportation by 49 U.S.C. chapter 311, subchapters I and
III, relating to commercial motor vehicle (CMV) programs and safety
regulation.
IV. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
On May 30, 2025, FMCSA published in the Federal Register (Docket
No. FMCSA-2025-0116, 90 FR 22960) an NPRM titled ``Driver Vehicle
Examination Report Disposition.'' The NPRM proposed to revise the
requirement that motor carriers and intermodal equipment providers sign
and return a completed roadside inspection form to the issuing State
agency.
B. Comments and Responses
FMCSA solicited comments concerning the NPRM for 60 days ending on
July 29, 2025. By that date, seven comments were received, including
from one individual, the CVSA, the Energy Marketers of America, the
Owner-Operator Independent Drivers Association, Gemini Motor Transport,
the American Trucking Associations (ATA), and the North American
Transportation Consultants, Inc. (NATC). All commenters expressed
support for the NPRM. However, NATC also suggested that FMCSA publish a
list of those States that require the return of the completed roadside
inspection report.\1\ FMCSA appreciates this suggestion, however, FMCSA
will not be compiling this list. The Agency advises motor carriers to
continue to check and comply with the requirements of the States in
which they operate.
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\1\ NATC also made suggestions regarding DataQs and the Safety
Measurement System that are outside of the scope of the NPRM.
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V. Changes From the NPRM
FMCSA makes no substantive changes to the regulation from those
proposed in the NPRM. This rule does, however, update the title of the
rule to more accurately reflect the subject matter, and adds in a
clarifying cross-reference to section 396.9(d)(3)(i), which requires a
motor carrier to certify that there are no defects or deficiencies on
the DVIR.
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 motor 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. The regulation at 49 CFR
396.9(d)(3)(ii) is revised to require only that a signed inspection
form be returned to the issuing State agency if that agency requests
the form's return. The requirement that the motor carrier or intermodal
equipment provider retain a copy at their principal place of business
remains unchanged except for a clarifying cross-reference to section
396.9(d)(3)(i).
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.
This rule revises the regulations to require that a completed
roadside inspection form be returned to the issuing State agency only
if that agency requests the form's return. This revision will result in
cost savings for those entities that will no longer be required to
return the form to the issuing agency.
In order to quantify the cost savings, FMCSA would need to know the
number of States that currently do not request the reports to be
returned, and the average number of inspections conducted by those
States where there are vehicle defects or deficiencies cited. This
would give an estimate of the number of completed roadside inspection
forms that would no longer need to be returned. FMCSA does not possess
this data. In addition, FMCSA would also need the number of issuing
agencies that will choose to stop requesting the return of the
completed roadside inspection form following this final rule, and the
degree to which motor carriers comply with the current requirement.
Without this information, FMCSA cannot accurately quantify the cost
savings.
FMCSA acknowledges ATA's comment estimating that current signature
and return requirements impose administrative costs of $20 to $50 per
inspection. However, FMCSA
[[Page 37055]]
believes the administrative costs per inspection to be less than this
range as most of the administrative burden associated with handling the
completed roadside inspection form will remain. This final rule only
removes the requirement to return the completed roadside inspection
form to a State agency if that agency does not request the form's
return.
FMCSA does not anticipate that this rulemaking will impact safety.
Motor carriers and intermodal equipment providers are still required to
undergo inspections and correct all violations found.
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 ``each new [E.O. 14192 regulatory action] issued, at least
ten prior regulations be identified for elimination.'' \2\
Implementation guidance addressing the requirements of E.O. 14192 was
issued by OMB on March 26, 2025 (Memorandum M-25-20). An E.O. 14192
deregulatory action is defined as ``an action that has been finalized
and has total costs less than zero.'' This rulemaking will have total
costs of less than zero as some entities will no longer return the
completed inspection report to the issuing Agency, and therefore is an
E.O. 14192 deregulatory action. As discussed above, FMCSA is unable to
quantify the cost savings that will result from this rulemaking.
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\2\ 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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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)
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\4\
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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\4\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
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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. This rulemaking will impact some motor carriers and
intermodal equipment providers by eliminating the requirement to return
completed roadside inspection forms to State agencies that do not
request, or require, the return of these forms. FMCSA does not know how
many small entities will be impacted by this rulemaking and cannot
determine if that number would be substantial. The cost to return the
form to the issuing agency is not overly burdensome or costly and will
not represent one percent of revenue for a motor carrier.
Therefore, FMCSA has determined that this rulemaking will not have
a significant impact. Consequently, I certify that this 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 UMRA 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 ``Inspection, Repair
and maintenance'' (OMB approval number 2126-0003) does not include
burden estimates for the transmission of the completed roadside
inspection form to a State agency. 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.
[[Page 37056]]
I. Privacy
The Consolidated Appropriations Act, 2005,\5\ requires FMCSA 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). 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.
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\5\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
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The E-Government Act of 2002 \6\ 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. This rule does not involve new or
substantially changed technology, therefore a PIA is not necessary.
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\6\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
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In addition, FMCSA 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 (42 U.S.C. 4321 et seq.) and believes this final
rule will not have a reasonably foreseeable significant effect on the
quality of the human environment. This action falls under a published
categorical exclusion and is thus excluded from further analysis and
documentation in an environmental assessment or environmental impact
statement under DOT Order 5610.1D,\7\ Subpart B, paragraph
(e)(6)(f)(1), (e)(6)(q), and (e)(6)(aa) apply, which cover regulations
pertaining to driver/vehicle inspections; implementing record
preservation procedures; and requiring motor carriers, their officers,
drivers, agents, representatives, and employees directly in control of
CMVs to inspect, repair, and provide maintenance for every CMV used on
a public road, respectively.
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\7\ Available at: https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts.
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List of Subjects in 49 CFR Part 396
Highway safety, Motor carriers, Motor vehicle safety, Reporting and
recordkeeping requirements.
Accordingly, FMCSA amends 49 CFR part 396 to read as follows:
PART 396--INSPECTION, REPAIR, AND MAINTENANCE
0
1. The authority citation for part 396 continues to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136, 31151, 31502; sec.
32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524, Pub. L. 114-
94, 129 Stat. 1312, 1560; and 49 CFR 1.87.
0
2. Amend Sec. 396.9 by revising paragraph (d)(3)(ii) to read as
follows:
Sec. 396.9 Inspection of motor vehicles and intermodal equipment in
operation.
* * * * *
(d) * * *
(3) * * *
(ii) If requested by the issuing State agency, return the completed
roadside inspection form to the issuing State agency at the address
indicated on the form and, in all instances, retain a copy at the motor
carrier's principal place of business, at the intermodal equipment
provider's principal place of business, or where the vehicle is housed
for 12 months from the date of the inspection, in accordance with
paragraph (d)(3)(i) of this section.
Issued under authority delegated in 49 CFR 1.87.
Derek Barrs,
Administrator.
[FR Doc. 2026-12450 Filed 6-18-26; 8:45 am]
BILLING CODE 4910-EX-P