Rule2024-25514
Federal Motor Carrier Safety Regulations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 18, 2024
Effective
November 18, 2024
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA amends its regulations by making technical corrections throughout the Federal Motor Carrier Safety Regulations (FMCSRs). The Agency makes minor changes to correct inadvertent errors and omissions, remove or update obsolete references, and improve the clarity and consistency of certain regulatory provisions. The Agency also makes a change to its rules of organization, procedures, and practice. 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).
Full Text
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<title>Federal Register, Volume 89 Issue 222 (Monday, November 18, 2024)</title>
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[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Rules and Regulations]
[Pages 90608-90624]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25514]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Chapter III
[Docket No. FMCSA-2024-0201]
RIN 2126-AC66
Federal Motor Carrier Safety Regulations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule; general technical, organizational, conforming, and
correcting amendments.
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SUMMARY: FMCSA amends its regulations by making technical corrections
throughout the Federal Motor Carrier Safety Regulations (FMCSRs). The
Agency makes minor changes to correct inadvertent errors and omissions,
remove or update obsolete references, and improve the clarity and
consistency of certain regulatory provisions. The Agency also makes a
change to its rules of organization, procedures, and practice. 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 November 18, 2024.
Petitions for Reconsideration of this final rule must be submitted
to the FMCSA Administrator no later than December 18, 2024.
FOR FURTHER INFORMATION CONTACT: Mr. Nicholas Lockhart, Regulatory
Development Division, Office of Policy, FMCSA, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001; (202) 366-2219;
<a href="/cdn-cgi/l/email-protection#e08e8983888f8c8193ce8c8f838b88819294a0848f94ce878f96"><span class="__cf_email__" data-cfemail="3d53545e5552515c4e1351525e56555c4f497d595249135a524b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Legal Basis for the Rulemaking
Congress delegated certain powers to regulate interstate commerce
to DOT in numerous pieces of legislation, most notably in section 6 of
the Department of Transportation Act (DOT Act) (Pub. L. 89-670, 80
Stat. 931, 937, Oct. 15, 1966). Section 6 of the DOT Act transferred to
DOT the authority of the former Interstate Commerce Commission (ICC) to
regulate the qualifications and maximum hours of service of employees,
the safety of operations, and the equipment, of motor carriers in
interstate commerce (80 Stat. 939). This authority, first granted to
the ICC in the Motor Carrier Act of 1935
[[Page 90609]]
(Pub. L. 74-255, 49 Stat. 543, Aug. 9, 1935), now appears in 49 U.S.C.
chapter 315. The regulations issued under this authority, as well as
subsequently enacted laws, became known as the FMCSRs, codified at 49
Code of Federal Regulations (CFR) parts 350-399. The administrative
powers to enforce chapter 315 (codified in 49 U.S.C. chapter 5) were
also transferred from the ICC to DOT in 1966, assigned first to the
Federal Highway Administration (FHWA), and then to FMCSA. The FMCSA
Administrator, whose powers and duties are set forth in 49 U.S.C. 113,
has been delegated authority by the Secretary of Transportation (the
Secretary) under 49 CFR 1.81 to prescribe regulations and to exercise
authority over and with respect to any personnel within the
organization, and under 49 CFR 1.87 to carry out the motor carrier
functions vested in the Secretary.
Between 1984 and 1999, enforcement of the FMCSRs, the Hazardous
Materials Regulations, and the Commercial Regulations was added to
FHWA's authority. The statutes granting these authorities include the
Motor Carrier Safety Act of 1984 (Pub. L. 98-554, Title II, 98 Stat.
2832, Oct. 30, 1984), codified at 49 U.S.C. chapter 311, subchapter
III; the Commercial Motor Vehicle Safety Act of 1986 (Pub. L. 99-570,
Title XII, 100 Stat. 3207-170, Oct. 27, 1986), codified at 49 U.S.C.
chapter 313; the Hazardous Materials Transportation Uniform Safety Act
of 1990, as amended (Pub. L. 101-615, 104 Stat. 3244, Nov. 16, 1990),
codified at 49 U.S.C. chapter 51; the Omnibus Transportation Employee
Testing Act of 1991 (Pub. L. 102-143, Title V, 105 Stat. 917, 952, Oct.
28, 1991), codified at 49 U.S.C. 31306; the ICC Termination Act of 1995
(Pub. L. 104-88, 109 Stat. 803, Dec. 29, 1995), codified at 49 U.S.C.
chapters 131-149; and the Transportation Equity Act for the 21st
Century (Pub. L. 105-178, 112 Stat. 107, June 9, 1998).
The Motor Carrier Safety Improvement Act of 1999 (Pub. L. 106-159,
113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new operating
administration within DOT, effective January 1, 2000, and transferred
authorities specifically related to commercial motor vehicle safety to
FMCSA. Accordingly, since that time the motor carrier safety, and
certain commercial, responsibilities previously assigned to both the
ICC and FHWA have been the jurisdiction of FMCSA. These
responsibilities also include regulations relating to section 18 of the
Noise Control Act of 1972, codified at 42 U.S.C. 4917, which were
originally assigned to the Secretary of Transportation (Pub. L. 92-574,
86 Stat. 1249, Oct. 27, 1972) and delegated to FHWA (39 FR 7791, Feb.
28, 1974), and are now the jurisdiction of FMCSA, as codified at 49
U.S.C. 113(f)(1).\1\
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\1\ Responsibility for the regulations related to section 18 of
the Noise Control Act was given to FMCSA by Congress in section 101
of the Motor Carrier Safety Improvement Act (Pub. L. 106-159, 113
Stat. 1748, 1750, Dec. 9, 1999).
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Congress subsequently expanded, modified, and amended FMCSA's
authority in the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act of
2001 (Pub. L. 107-56, 115 Stat. 272, Oct. 26, 2001); the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144, Aug. 10, 2005);
the SAFETEA-LU Technical Corrections Act of 2008 (Pub. L. 110-244, 122
Stat. 1572, June 6, 2008); the Moving Ahead for Progress in the 21st
Century Act (MAP-21) (Pub. L. 112-141, 126 Stat. 405, July 6, 2012);
Fixing America's Surface Transportation Act (Pub. L. 114-94, 129 Stat.
1312, Dec. 4, 2015); and the Infrastructure Investment and Jobs Act
(Pub. L. 117-58, 135 Stat. 429, Nov. 15, 2021).
The specific regulations amended by this rule are based on the
statutes detailed above. Generally, the legal authority for each of
those provisions was explained when the requirement was originally
adopted and is noted at the beginning of each part in Title 49 of the
CFR.
The 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 amendments made in this final rule primarily correct
inadvertent errors and omissions, remove or update obsolete references,
and make minor language changes to improve clarity and consistency. The
technical amendments do 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 to amendments that fall within the APA good cause
exception, this rule also contains amendments that fall within the APA
exception for rules of agency organization, procedure, or practice.
Specifically, the Agency amends 49 CFR 387.307(e) to align with the
service rules in part 386 and to specify the same procedures for Agency
review of documents filed by brokers notified of a pending suspension
of operating authority due to insufficient financial responsibility as
are followed by the Agency when such brokers file documents in support
of a reinstatement from suspension. 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)) because the procedures for filing such documents are already
specified in Sec. 387.307(e) and so are made clearer with this
amendment. Similarly, an amendment to part 389 also concerns matters of
Agency policy. These changes are therefore excepted from the notice and
public comment requirements.
The APA also allows agencies to make rules effective immediately
with 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.
This rule contains numerous, unrelated provisions that focus on
unique aspects of FMCSA's regulations. Therefore, FMCSA finds that the
various provisions of this final rule are severable and able to operate
functionally if severed from each other. In the event a court were to
invalidate one or more of this final rule's unique provisions, the
remaining provisions should stand.
II. Section-by-Section Analysis
A. Part 350--Motor Carrier Safety Assistance Program (MCSAP) and High
Priority Program
FMCSA amends part 350 to eliminate the current question-and-answer
format in favor of standard styling. Thus, all section headings that
are phrased as questions will be rephrased as brief descriptive phrases
pertaining to the section's content. However, unless specifically
described below, this change does not affect the body text of the
regulations in this part. FMCSA makes this change because it has
determined that the question-and-answer format is cumbersome, difficult
to read, and may cause confusion. Moreover, in several instances the
title of a section is styled as a question, but the regulatory text
does not provide a concise answer to the question asked, somewhat
defeating the purpose of the question-and-answer style.
[[Page 90610]]
Part 350 previously had section headings styled as brief
descriptive phrases, rather than questions, until 2000. That year,
FMCSA issued a final rule that comprehensively revised part 350 (65 FR
15092 (March 21, 2000)). The revisions included a series of stylistic
changes described in the NPRM: question and answer format, the active
voice, and ``Plain English'' (64 FR 11414, 11416 (March 9, 1999)). The
Agency intended for the stylistic changes to logically organize the
regulations, clearly format the regulations, and make the regulations
easily understood. The Agency continues to pursue these goals when
drafting regulations and adopts active voice and ``Plain English''
where practical, in new and revised regulations, to achieve these
goals. However, the Agency no longer uses a question-and-answer format
in new and revised regulations. Most of the FMCSRs, and most federal
regulations generally, use a short descriptive phrase for section
headings instead of a question-and-answer format. Therefore, the Agency
amends each section heading in part 350 to use a short descriptive
phrase. FMCSA is also making other amendments to part 350, which are
described below.
Section 350.305 What specific variances from the FMCSRs are allowed for
State laws and regulations applicable to intrastate commerce and are
not subject to Federal jurisdiction?
In addition to revising the title of Sec. 350.305 to use a short
descriptive phrase, FMCSA amends the section by adding an introductory
sentence specifying that these variances are for State laws and
regulations applicable to intrastate commerce and not subject to
Federal jurisdiction.
FMCSA also revises Sec. 350.305(d)(3) to eliminate the reference
to a 100-air mile radius under Sec. 395.1(e)(1)(i) because it is no
longer correct. The regulations in part 350 relate to MCSAP funding,
and Sec. 350.305 describes allowable variances in state laws and
regulations for States receiving MCSAP funding. Each State that
receives MSCAP funds must adopt and enforce laws, regulations,
standards, and orders on CMV safety for intrastate commerce that are
compatible with the FMCSRs. However, since the early days of MCSAP,
some variances for intrastate operations have been allowed. On
September 8, 1992, FHWA published what previously had been informal
intrastate variances as appendix C to part 350. Section 3(e) provided
that exemptions based on the distance traveled from the home terminal
were not compatible. However, the prohibition did not apply to
exemptions already in the FMCSRs or to the extension of the short-haul
mileage exemption for driver hours of service from 100 to 150 miles (57
FR 40946, 40962; Sept. 8, 1992). The short-haul mileage exemption has
been placed in several different sections of the CFR over time; it was
located in Sec. 350.341(d) prior to moving to its current location in
Sec. 350.305(d)(3) when part 350 was rewritten in 2020 (85 FR 37785,
37804; June 24, 2020). The current short-haul mileage exemption
references the short-haul mile radius in the hours-of-service
regulations, Sec. 395.1(e)(1)(i). On June 1, 2020, FMCSA revised
regulations relating to driver hours of service and extended the short-
haul exemption in Sec. 395.1(e)(1)(i) to 150 air-miles, effective
September 29, 2020 (85 FR 33396, 33451).
Although the allowed air-mile radius is currently the same in
Sec. Sec. 350.305(d)(3) and 395.1(e)(1)(i), it is nevertheless
possible that the radius specified in Sec. 395.1(e)(1)(i) could be
either expanded or contracted at some time in the future. To correct
the discrepancy that currently exists in the regulation while avoiding
unintentional effects on the intrastate variance, FMCSA revises Sec.
350.305(d)(3) to read as follows: ``A 150-air mile radius or the air
mile radius under Sec. 395.1(e)(1)(i) of this subchapter, whichever is
greater.'' The revision affords States the benefit of any future
expansion of the air-mile radius in Sec. 395.1(e)(1)(i) and also
protects against a decrease of the long-standing 150-mile intrastate
variance without full consideration of the impact of any change on
intrastate commerce through notice and comment rulemaking. Therefore,
there is no substantive impact from this revision.
B. Part 369 Reports of Motor Carriers
Section 369.1 Annual Reports of For-Hire, Non-Exempt Motor Carriers of
Property, Motor Carriers of Household Goods, and Dual Property Carriers
Section 369.1 requires certain motor carriers to file the Motor
Carrier Annual Report Form M (Form M) with the Agency. The website
address provided in Sec. 369.1(b), where the Agency has made Form M
available, is no longer valid. FMCSA amends Sec. 369.1(b) to provide a
correct website address for Form M and to update the phrasing of the
regulation to avoid using the word ``you.''
Section 369.4 Annual Reports of Class I Carriers of Passengers
Section 369.4 requires certain motor carriers of passengers to file
the Motor Carrier Annual Report Form MP-1 for Motor Carriers of
Passengers (Form MP-1). However, this section does not provide a
website address where the form is available. FMCSA amends Sec.
369.4(c) to provide a website address where the form is available for
the convenience of motor carriers of passengers.
C. Part 371--Brokers of Property
Section 371.2 Definitions
Section 371.2 provides definitions that apply to FMCSA's property
broker regulations in Part 371. FMCSA amends Sec. 371.2 to format the
definitions as a list of terms without paragraphs rather than providing
the definition for each term in a separate paragraph. The definitions
are unchanged by this amendment. This format conforms to the format of
other definition sections in Chapter III, Subchapter B, such as Sec.
390.5T, and guidance from the Office of the Federal Register's Document
Drafting Handbook (3-33).
D. Part 380--Special Training Requirements
Section 380.301 General Requirements
Section 380.301 contains general requirements for longer
combination vehicle driver-instructors. FMCSA amends the introductory
text of Sec. 380.301 to avoid using the word ``you,'' and thereby
clarify to whom the regulation applies.
Section 380.723 Removal From Training Provider Registry: Procedure
Section 380.723 describes the procedures for removing a training
provider from FMCSA's Training Provider Registry, including processes
FMCSA follows when it removes a training provider from the registry. In
Sec. 380.723, paragraph (b) explains that FMCSA begins the involuntary
removal process by issuing a written notice to the provider, and
paragraph (c) explains that if the provider wishes to remain on the
registry, they must submit a written response to FMCSA within 30 days.
Paragraph (c) also explains that the provider can either oppose the
notice of proposed removal or take corrective action within 60 days.
FMCSA amends paragraph (c) to provide clarification on the timelines
for provider responses, as the current regulation may be confusing for
providers who choose to take corrective action in response to a
notification of proposed removal. Providers that intend to take
corrective action must still submit the initial written response
described in paragraph (c) within 30 days of the notification. Further,
these providers are still
[[Page 90611]]
required to submit evidence of corrective action in accordance with
(c)(2)(i).
FMCSA also amends section Sec. 380.723 to replace the word
``notice'' with the word ``notification'' wherever it refers to a
communication from FMCSA to a training provider, as this section also
uses the word ``notice'' to refer to Federal Register notices. This
change will improve the clarity and readability of the section.
Lastly, FMCSA amends Sec. 380.723(c)(2)(i) to correct an error
from a previous amendment. When paragraph (c)(2)(i) was established, it
described a 60-day time period that began either on the date the notice
of proposed removal was issued or on the date when FMCSA's Director of
the Office of Carrier, Driver, and Vehicle Safety Standards
subsequently affirmed or modified the notice of proposed removal (81 FR
88732, 88793, Dec. 8, 2016). FMCSA later amended the section, with the
intention to remove the reference to that particular director and
replace it with a reference to FMCSA (86 FR 57060, 57062, Oct. 14,
2021). Although the word ``Director'' was removed, it was not replaced
with ``FMCSA,'' and FMCSA now corrects that inadvertent error by adding
the word ``FMCSA'' in the appropriate place.
E. Part 381--Waivers, Exemptions, and Pilot Programs
Section 381.210 How do I request a waiver?
Part 381 covers waiver and exemptions from the FMCSRs, and Sec.
381.210 sets out the process for requesting a waiver and the required
contents of the request. The regulations in Sec. 381.210 are
authorized by 49 U.S.C. 31315, which is titled ``Waivers, exemptions,
and pilot programs.'' The authorizing statute requires certain contents
in a waiver request, and while the regulation also requires these
contents so that it aligns with the statute, the requirements are
phrased differently. The statute requires that a person requesting a
waiver explain how, if granted a waiver, they would likely achieve an
equivalent or greater level of safety as compared to the level of
safety they would achieve absent the waiver. Section 381.210 describes
this as a requirement that the person requesting a waiver explain how
they would achieve a level of safety that is equivalent to, or greater
than, the level of safety that would be obtained by complying with the
regulation. Though this framing of the requirement has the same effect,
FMCSA revises Sec. 381.210 to use the phrasing from the authorizing
statute, to avoid any confusion.
Section 381.310 How do I apply for an exemption?
Section 381.310 sets out the process for requesting an exemption,
and FMCSA amends it to better align with the authorizing statute, as
with Sec. 381.210. The authorizing statute, 49 U.S.C. 31315, requires
that a person requesting an exemption explain how they would likely
achieve an equivalent or greater level of safety as compared to the
level of safety they would achieve absent the exemption. Section
381.210 describes this as a requirement that the person requesting an
exemption explain how they would achieve a level of safety that is
equivalent to, or greater than, the level of safety that would be
obtained by complying with the regulation. Though this framing of the
requirement has the same effect, FMCSA revises Sec. 381.310 to use the
phrasing from the authorizing statute, to avoid any confusion.
Section 381.505 What are the minimum elements required for a pilot
program?
Section 381.505 sets out the requirement for a pilot program, and
FMCSA amends it to better align with the authorizing statute, as with
Sec. Sec. 381.210 and 381.310. The authorizing statute, 49 U.S.C.
31315, requires that FMCSA ensure that the pilot program is designed to
achieve a level of safety that is equivalent to, or greater than, the
level of safety that would otherwise be achieved through compliance
with the applicable regulations. Section 381.210 describes this as a
requirement to ensure that the program is designed to achieve a level
of safety that is equivalent to, or greater than, the level of safety
that would be achieved by complying with the regulations. Again, though
this framing of the requirement has the same effect, FMCSA revises
Sec. 381.505 to use the phrasing from the authorizing statute, to
avoid any confusion.
F. Part 382--Controlled Substances and Alcohol Use and Testing
Section 382.101 Purpose
Section 382.101 sets out the purpose of part 382 and in doing so,
uses the term ``commercial motor vehicles.'' In later sections of part
382, the term is abbreviated as ``CMV,'' and so FMCSA revises Sec.
382.101 to provide the abbreviation for ``commercial motor vehicle(s)''
where it is first used in the part.
Section 382.103 Applicability
Section 382.103 provides the applicability of the controlled
substances and alcohol use and testing regulations in part 382. The
section cross-references Sec. Sec. 390.3(f) and 390.5, which are
currently suspended. FMCSA revises Sec. 382.103 to cross-reference the
equivalent temporary sections Sec. Sec. 390.3T(f) and 390.5T.
Section 382.107 Definitions
Section 382.107 defines terms that are used in the controlled
substances and alcohol use and testing regulations in part 382. The
introductory text of Sec. 382.107 cross-references Sec. 390.5, which
is currently suspended. FMCSA revises Sec. 382.107 to cross-reference
the equivalent temporary section Sec. 390.5T.
One of the terms defined in Sec. 382.107 is ``commercial motor
vehicle,'' which is abbreviated to ``CMV'' in the definition of
``actual knowledge'' in the same section and in the table for Sec.
382.303(a) and (b). FMCSA amends the definition of ``commercial motor
vehicle'' in Sec. 382.107 to add the definition, for clarity.
Section 382.413 Inquiries for Alcohol and Controlled Substances
Information From Previous Employers
Section 382.413 requires employers to request alcohol and
controlled substances information from the previous employers of their
employees. The section references 49 CFR 40.25, titled ``Must an
employer check on the drug and alcohol testing record of employees it
is intending to use to perform safety-sensitive duties?'' for specific
requirements of the inquiry process. The same requirements are covered
within the FMCSRs in Sec. 391.23(e), and so FMCSA amends Sec. 382.413
to reference Sec. 391.23(e) rather than Sec. 40.25, for ease of
reference. The amendment also enables paragraph (a) to be simplified.
Although paragraph (a) references Sec. 40.25 for the inquiry
requirements, it adds that the required time frame for the inquiry of
previous employers is 3 years, rather than the 2 years specified in
Sec. 40.25. Section 391.23(e) requires a 3-year time frame, and by
referencing that section rather than Sec. 40.25, paragraph (a) no
longer needs to specify a different time frame.
Section 382.501 Removal From Safety-Sensitive Function
FMCSA revises Sec. 382.501(b) to replace the semicolon after
``functions'' with a comma. This is a punctuation correction.
[[Page 90612]]
Section 382.601 Employer Obligation To Promulgate a Policy on the
Misuse of Alcohol and Use of Controlled Substances
Section 382.601 requires employers provide educational materials
explaining the alcohol and controlled substances regulations in part
382. The materials are required to cover the post-accident testing
requirements, and in stating this requirement, Sec. 382.601 references
Sec. 382.303(d). FMCSA amends Sec. 382.601 to change these cross-
references to instead reference Sec. 382.303 as a whole because there
are post-accident testing requirements in other paragraphs of Sec.
382.303 as well.
G. Part 383--Commercial Driver's License Standards; Requirements and
Penalties
Section 383.141 General
FMCSA revises Sec. 383.141(b) to change ``state'' to ``State'', to
conform with the capitalization used throughout the rest of part 383.
H. Part 384--State Compliance With Commercial Driver's License Program
Section 384.405 Decertification of State CDL Program
FMCSA amends section 384.405 to align the regulatory requirements
with the statutory requirements. Specifically, paragraph (a) of the
regulation uses permissive language, stating that the Administrator may
prohibit a State found to be in substantial noncompliance from
performing certain CLP or CDL transactions, and sets out the conditions
the Administrator should consider when making a decertification
determination. However, 49 U.S.C. 31312 uses mandatory language,
stating, ``the Secretary shall issue an order'' to prohibit States from
carrying out licensing procedures and issuing CDLs if there is a
determination of substantial noncompliance.
The regulatory history does not clearly indicate why there is a
discrepancy between the statutory text and the regulatory text. It is
clear from the statute that the Administrator is required to prohibit
noncompliant states from engaging in the enumerated CLP and CDL
transactions. FMCSA therefore replaces the word ``may'' in paragraph
(a) with the word ``shall,'' to harmonize the regulation with the
statutory text.
I. Part 385--Safety Fitness Procedures
As with part 350, FMCSA also revises part 385, subparts C, D, and
E, to eliminate the current question-and-answer format in favor of
standard styling. This set of revisions includes revisions to the
currently suspended Sec. Sec. 385.301, 385.303, 385.305, 385.329,
385.405, 385.409, 385.419, and 385.421 to mirror the amendments made to
the corresponding temporary sections. All section headings that are
phrased as questions will be rephrased as brief descriptive phrases
pertaining to the section's content, but the body text of the
regulations is unchanged unless otherwise stated below. FMCSA's
reasoning for making this change in part 385 is the same as for part
350. As used in these regulations, the question-and-answer format is
cumbersome, difficult to read, and may cause confusion, and the Agency
finds the regulations are clearer and more useful when standard styling
is used. FMCSA also makes other amendments to part 385, which are
described below.
Section 385.205 How can an individual who has lost certification to
perform a safety audit or investigation, including review, be re-
certified?
In addition to revising the heading of Sec. 385.205 to be a short
descriptive phrase, FMCSA also amends the section by moving the context
for the regulation's requirements from the heading to the body of the
regulation, in order to clarify the regulation.
Section 385.407 What conditions must a motor carrier satisfy for FMCSA
to issue a safety permit?
In addition to revising the heading of Sec. 385.407 to be a short
descriptive phrase, FMCSA also makes a clarifying revision to the
section by adding paragraph (a)(2)(iv) regarding the requirement for
carriers to maintain the minimum financial responsibility required by
Sec. 387.9 in order to receive a safety permit. This addition does not
impose new burdens on carriers because 49 CFR part 387 already imposes
financial responsibility requirements on motor carriers, including
hazardous materials carriers, and these requirements are referenced in
the safety fitness standard described in Sec. 385.5. Safety permits
and financial responsibility are already linked by Sec. 385.407(a),
which requires achieving a ``satisfactory'' safety rating as a
prerequisite for issuance of a safety permit, and Sec. 385.421T(a)(8),
which specifies that failure to maintain the minimum required financial
responsibility is grounds for suspending or revoking a safety permit.
This revision will eliminate confusion and ensure consistency between
these regulations.
Section 385.409 When may a temporary safety permit be issued to a motor
carrier?
In addition to revising the heading of Sec. 385.409 to be a short
descriptive phrase, FMCSA also amends the section by removing the
paragraph heading of Sec. 385.409(a), which is unnecessary given the
revised section heading. Although this section is currently suspended,
FMCSA is amending it to mirror the amendments to temporary regulation
Sec. 385.409T.
Section 385.409T When may a temporary safety permit be issued to a
motor carrier?
In addition to revising the heading of Sec. 385.409T to be a short
descriptive phrase, FMCSA also amends the section by removing the
paragraph heading of Sec. 385.409T(a), which is unnecessary given the
revised section heading.
Section 385.411 Must a motor carrier obtain a safety permit if it has a
State permit?
In addition to revising the heading of Sec. 385.411 to be a short
descriptive phrase, FMCSA also amends the section by moving the context
for the regulation's requirements from the heading to the body of the
regulation, in order to clarify the regulation. Finally, Sec. 385.411
contains a cross-reference to Sec. 385.405, which is currently
suspended, and FMCSA amends the section to reference Sec. 385.405T
instead.
Section 385.413 What happens if a motor carrier receives a proposed
safety rating that is less than satisfactory?
In addition to revising the heading of Sec. 385.413 to be a short
descriptive phrase, FMCSA also amends the section by moving the context
for the regulation's requirements from the heading to the body of the
regulation, in order to clarify the regulation.
Appendix B to Part 385--Explanation of Safety Rating Process
Part 385 covers FMCSA's safety fitness procedures, and appendix B
to part 385 provides an explanation of the safety rating process.
Within appendix B, section III.B. explains that proposed safety ratings
of ``conditional'' and ``unsatisfactory'' will become final 45 days
after they are received, and the explanation uses the word ``you.'' The
use of the word ``you'' is unnecessary and may cause confusion,
therefore FMCSA amends the appendix to avoid using it in this instance.
[[Page 90613]]
J. Part 387--Minimum Levels of Financial Responsibility for Motor
Carriers
Section 387.307 Property Broker Surety Bond or Trust Fund
FMCSA revises Sec. 387.307(e)(5) and (6) to clarify that a
broker's or freight forwarder's operating authority registration will
be suspended 7 business days after the date a notice of pending
suspension is served, not 7 business days after the date printed on the
notice. This aligns with the Agency's service rules in part 386 and
ensures that, when service is accomplished by mail, brokers and freight
forwarders will receive the additional 5 days prescribed in Sec.
386.8(c) to file a response before the suspension takes effect.
FMCSA also revises Sec. 387.307(e)(5) to clarify the Agency's
review process when a broker submits information in response to
notification from the Agency that the broker's operating authority is
pending suspension for failure to maintain adequate financial security.
When this rule was issued on November 16, 2023 (88 FR 78656), the
procedures specified in Sec. 387.307(e)(6), which apply when a broker
seeks reinstatement of its operating authority after being suspended,
were also intended to apply to Sec. 387.307(e)(5). However, due to a
drafting error, the sentence ``FMCSA will consider such evidence and
provide written notice to the broker of its determination'' was omitted
from Sec. 387.307(e)(5). FMCSA is therefore adding this sentence to
Sec. 387.307(e)(5), to reflect that the Agency's obligation to review
evidence a broker submits and provide a response is consistent,
regardless of whether the Agency receives information prior to a
suspension or after a suspension has occurred.
K. Part 389--Rulemaking Procedures--Federal Motor Carrier Safety
Regulations
Section 389.13 Initiation of Rulemaking
Section 389.13(a) describes how the Administrator may initiate a
rulemaking, paragraph (b) describes certain steps the Administrator
must take when promulgating a major rule, and paragraph (c) describes
exceptions to the requirements of paragraph (b). The last sentence of
paragraph (c) explains when a proposed rule should be evaluated to
determine whether 49 CFR 5.17 applies. Section 5.17 was a former
regulation in the CFR titled ``Special procedures for economically
significant and high-impact rulemakings'' and was removed in the final
rule ``Administrative Rulemaking, Guidance, and Enforcement
Procedures'' published on April 2, 2021 (86 FR 17292). When Sec. 5.17
was removed, Sec. 389.13 should have been amended to remove the last
sentence of paragraph (c). FMCSA corrects this oversight by amending
Sec. 389.13 to remove the reference to Sec. 5.17.
Section 389.41 Severability
FMCSA adds a new section that sets forth the Agency's policy on the
severability of regulatory provisions in its final rules. Rules often
address numerous provisions that are not inextricably intertwined.
Therefore, FMCSA generally considers such provisions to be severable,
meaning that if any provision in a rule is later held to be invalid,
the remainder of the rule is not affected. If provisions of a rule are
so inextricably intertwined that the invalidation of one provision
would affect another, FMCSA generally explains the relationship between
those provisions in the rule's preamble. Adding this section will
improve rulemaking efficiency by allowing FMCSA to cite to the
regulation in future rulemakings. Because this new section relates to
Agency policy and practice, notice and comment is not required in order
for the Agency to codify these practices in a new section of the
regulations.
L. Part 390--Federal Motor Carrier Safety Regulations; General
As with part 350, FMCSA also revises part 390, subpart C, to
eliminate the current question-and-answer format in favor of standard
styling. This set of revisions includes a revision to the currently
suspended Sec. 390.40 to mirror the amendment made to the
corresponding temporary section. All section headings that are phrased
as questions will be rephrased as brief descriptive phrases pertaining
to the section's content, but the body text of the regulations is
unchanged unless otherwise stated below. FMCSA's reasoning for making
this change in part 390 is the same as for part 350. As used in these
regulations, the question-and-answer format is cumbersome, difficult to
read, and may cause confusion, and the Agency finds the regulations are
clearer and more useful when standard styling is used. FMCSA also makes
other amendments to part 390, which are described below.
Section 390.27 Locations of Motor Carrier Safety Service Centers
Section 390.27 provides the addresses of the motor carrier safety
service centers. FMCSA revises Sec. 390.27 to change the address of
the Midwestern Service Center from 4749 Lincoln Mall Drive, Suite 300A,
Matteson, Illinois 60443 to 600 Holiday Plaza Drive, Suite 240,
Matteson, Illinois 60443. The Midwestern Service Center moved in May
2024, requiring this update to the address.
Section 390.44 What are the procedures to correct the safety record of
a motor carrier or an intermodal equipment provider?
In addition to revising the heading of Sec. 390.44 to be a short
descriptive phrase, FMCSA also amends the section to relocate the
context for the regulation's requirements from the heading to the body.
Section 390.125 Qualified VA Examiner Certification Training
Subpart D of part 390 covers the medical examiner certification
requirements for qualified Department of Veterans Affairs (VA)
examiners, and Sec. 390.125 requires that they complete certain
training as part of the certification process. In June 2018, FMCSA
adopted a rule that created an alternative process for certain VA
healthcare professionals to be listed on the National Registry of
Certified Medical Examiners (National Registry) (83 FR 26846, June 11,
2018). At the time, VA and FMCSA had planned to deliver the training
through a web-based system operated by VA. Since that time, the
technological capabilities of the National Registry system have been
enhanced. Accordingly, VA and FMCSA now plan to deliver the training
via the National Registry system, which will be more convenient for the
qualified VA examiners. FMCSA revises Sec. 390.125 to reflect this
change in training delivery.
Section 390.127 Qualified VA Examiner Certification Testing
Section 390.127 requires that qualified VA examiners pass the
medical examiner certification test as part of the certification
process. Similar to the training required by Sec. 390.125, the test
was previously planned to be administered through a web-based system
operated by VA. Because of the enhanced National Registry system
capabilities, VA and FMCSA now plan to deliver the testing via the
National Registry system, which will be more convenient for the
qualified VA examiners. FMCSA revises Sec. 390.127 to reflect this
change in test administration.
[[Page 90614]]
M. Part 391--Qualifications of Drivers and Longer Combination Vehicle
(LCV) Driver Instructors
Section 391.45 Persons Who Must Be Medically Examined and Certified
FMCSA revises Sec. 391.45(c) to change ``intra-city'' to
``intracity,'' to conform the styling of the term with its use in other
FMCSRs, including Sec. 390.5T, ``Definitions.''
Section 391.49 Alternative Physical Qualification Standards for the
Loss or Impairment of Limbs
FMCSA amends Sec. 391.49(d)(3)(i)(B) and (d)(3)(ii)(C) to clarify
the meaning, effect, and effective date of the current requirement that
individuals must be capable of demonstrating precision prehension and
power grasp prehension with each upper limb separately to be eligible
for a skill performance evaluation (SPE) certificate issued by FMCSA.
An SPE certificate allows individuals who do not meet FMCSA's physical
qualification standards in Sec. 391.41(b)(1) for limb loss or (b)(2)
for limb impairment to operate a CMV in interstate commerce subject to
the terms, conditions, and limitations provided on the certificate.
On December 5, 1985, FHWA published a final rule amending Sec.
391.49 to incorporate its policy that required an individual with upper
limb loss or impairment ``to be capable of demonstrating precision
prehension . . . and power grasp prehension . . . in each upper limb
separately'' (50 FR 49849). FHWA indicated that the requirement was
based on the technical expertise and rehabilitation experiences of the
personnel of the Krusen Center for Research and Engineering, which
developed a report in 1977 for FHWA titled ``Limb Prosthetics for the
Bureau of Motor Carrier Safety'' \2\ (Krusen Study) (50 FR at 49850-
51).
---------------------------------------------------------------------------
\2\ Moss Rehabilitation Hospital, Krusen Center for Research and
Engineering. Limb Prosthetics for the Bureau of Motor Carrier
Safety. Washington: Department of Transportation, Federal Highway
Administration, Bureau of Motor Carrier Safety, 1977. Available at
<a href="https://www.fmcsa.dot.gov/regulations/medical/krusen-study-limb-prosthetics">https://www.fmcsa.dot.gov/regulations/medical/krusen-study-limb-prosthetics</a> (last accessed May 28, 2024).
---------------------------------------------------------------------------
The term prehension is commonly defined to mean the act of taking
hold, seizing, or grasping.\3\ The more specific medical terms
precision prehension and power grasp prehension were used in the
regulation to communicate clearly and effectively with the medical
professionals who state whether an individual is capable of
demonstrating precision prehension and power grasp prehension; however,
these medical terms often are not understood by individuals applying
for SPE certificates.
---------------------------------------------------------------------------
\3\ Merriam-Webster Dictionary. Available at <a href="https://www.merriam-webster.com/dictionary/prehension">https://www.merriam-webster.com/dictionary/prehension</a> (last accessed May 28,
2024).
---------------------------------------------------------------------------
The Krusen Study explains the terms in the context of a hand on
page II-2 as follows:
Grasp, or prehension, activities are of two types: power grip
and precision grip. The power grip is especially important in the
driver's ability to grasp the steering wheel. In the power grip, a
clamping force is produced by wrapping the fingers around the wheel
against the counterpressure offered by the palm and thumb. In a
precision grip, an object like a pencil is held just between the
tips of the fingers and the opposing thumb.
Accordingly, demonstrating power grasp prehension requires use of
the palm and fingers/thumb of a hand, while demonstrating precision
prehension requires use of the fingers/thumb of a hand.
FHWA stated that the effect of the requirement that an individual
must be capable of demonstrating precision prehension and power grasp
prehension in each upper limb separately was that individuals with loss
of a hand or arm will be required to be properly fitted with a
functional prosthesis and be proficient in its use prior to applying
for a waiver \4\ (50 FR at 49849 and 49851). Individuals with upper
limb impairment will be required to be fitted with a functional
orthotic device and be proficient in its use prior to applying to a
waiver, if the individual is not capable of demonstrating precision
prehension and power grasp prehension in each upper limb separately
without a device (50 FR at 49849 and 49851). Although FHWA included in
the regulation that the requirement that an individual must be capable
of demonstrating precision prehension and power grasp prehension in
each upper limb separately does not apply to an individual who was
granted a waiver absent a prosthetic or orthotic device prior to the
1985 amendment, FMCSA has determined that individuals applying for an
SPE certificate would benefit from a clearer statement of the effect of
the requirement.
---------------------------------------------------------------------------
\4\ Beginning in 1964, individuals who did not satisfy the
physical qualification requirements for limb loss or impairment were
allowed to become medically certified through a waiver process (29
FR 14495, Oct. 22, 1964). After a change to FHWA's waiver authority
and the creation of FMCSA in 2000, Sec. 391.49 was amended to
reframe the waiver process as an alternative physical qualification
standard with SPE certificates instead of waivers (65 FR 25285, May
1, 2000).
---------------------------------------------------------------------------
For the reasons provided above, FMCSA clarifies Sec.
391.49(d)(3)(i)(B) by changing the explanation of precision prehension
from ``(e.g., manipulating knobs and switches)'' to ``(e.g., grasping
and manipulating knobs and switches using the fingers/thumb)'' and by
changing the explanation of power grasp prehension from ``(e.g.,
holding and maneuvering the steering wheel)'' to ``(e.g., grasping,
holding, and maneuvering the steering wheel using a hand).'' Because
precision prehension and power grasp prehension are demonstrated by a
hand, FMCSA changes ``with each upper limb separately'' to ``with each
hand separately'' for clarity. To clarify the effect of the current
requirement, FMCSA adds the following as a new second sentence: ``Prior
to applying for an SPE certificate, an applicant with loss of a hand or
arm must be fitted and proficient with a proper prosthesis that enables
the applicant to demonstrate precision prehension and power grasp
prehension with each hand separately.'' In the last sentence, FMCSA
adds a date for the requirement by changing ``prior to the publication
of this amendment'' to ``prior to January 6, 1986, the effective date
of the requirement'' for clarity and the convenience of the reader.
Similarly, FMCSA clarifies Sec. 391.49(d)(3)(ii)(C) by changing
the explanation of precision prehension from ``(e.g., manipulating
knobs and switches)'' to ``(e.g., grasping and manipulating knobs and
switches using the fingers/thumb)'' and by changing the explanation of
power grasp prehension from ``(e.g., holding and maneuvering the
steering wheel)'' to ``(e.g., grasping, holding, and maneuvering the
steering wheel using a hand).'' Because precision prehension and power
grasp prehension are demonstrated by a hand, FMCSA changes ``with each
upper limb separately'' to ``with each hand separately'' for clarity.
To clarify the effect of the current requirement and FMCSA's practice
of allowing use of either a prosthesis or orthotic device as
appropriate when upper limb impairment is present, FMCSA adds the
following as a new second sentence: ``Prior to applying for an SPE
certificate, an applicant with upper limb impairment must be fitted and
proficient with a proper prosthesis or orthotic device, if the
applicant is not capable of demonstrating precision prehension and
power grasp prehension with each hand separately without a prosthesis
or orthotic device.'' In the last sentence, FMCSA adds a date for the
requirement by changing ``prior to the publication of this amendment''
to ``prior to January 6, 1986, the effective date of the requirement''
for clarity and the convenience of the reader. FMCSA also changes ``an
SPE certificate'' in the last sentence to ``a waiver'' to make the
[[Page 90615]]
sentence factually correct. SPE certificates were not available prior
to January 6, 1986. This error occurred in 2000 when a universal change
was made to replace ``waiver'' with ``SPE certificate,'' or its
equivalent, throughout Sec. 391.49 (65 FR 25285, 25286, May 1, 2000).
Section 391.62 Limited Exemptions for Intra-City Zone Drivers
FMCSA revises the title of Sec. 391.62 to change ``intra-city'' to
``intracity,'' to conform the styling of the term with its use in the
body of the section and other FMCSRs, including Sec. 390.5T,
``Definitions.''
N. Part 393--Parts and Accessories Necessary for Safe Operation
As with part 350, FMCSA is also revising part 393, subpart I, to
eliminate the current question-and-answer format in favor of standard
styling. All section headings that are phrased as questions will be
rephrased as brief descriptive phrases pertaining to the section's
content, but the body text of the regulations is unchanged unless
otherwise stated below. FMCSA's reasoning for making this change in
part 393 is the same as for part 350. As used in these regulations, the
question-and-answer format is cumbersome, difficult to read, and may
cause confusion, and the Agency finds the regulations are clearer and
more useful when standard styling is used. FMCSA is also making other
amendments to part 393, which are described below.
Section 393.5 Definitions
FMCSA amends the Sec. 393.5 definition of ``longwood'' to
expressly include utility poles. This amendment was previously included
in a final rule that published June 22, 2006 (71 FR 35819), however,
the amendment was not codified in the regulations and utility poles
were not expressly included in the definition of ``longwood'' FMCSA
amends Sec. 393.5 to correct this oversight.
O. Part 395--Hours of Service of Drivers
Automatic on-board recording devices (AOBRDs) are electric,
electronic, electromechanical, or mechanical device used to record
information pertinent to a driver's duty status information, for the
purpose of tracking the driver's hours of service. As part of the AOBRD
final rule, issued on September 30, 1988, Sec. 395.15 codified in the
regulations and prescribed the specific requirements for using such
devices (53 FR 38670). Subsequently, Congress mandated the use of a
different type of device, known as an electronic logging device (ELD),
in Section 32301(b) of the Commercial Motor Vehicle Safety Enhancement
Act, enacted as part of MAP-21 (Pub. L. 112-141, 126 Stat. 405, 786-
788, July 6, 2012). FMCSA implemented this requirement on December 16,
2015, but allowed drivers and motor carriers to continue using certain
AOBRDs until December 16, 2019 (80 FR 78292). As this date has passed
and all drivers and carriers are now required to use ELDs, FMCSA is now
making updates to part 395 to remove the requirements for AOBRDs in
Sec. 395.15, as well as multiple references to AOBRDs in other
sections.
Section 395.1 Scope of Rules in This Part
Section Sec. 395.1 contains the hours-of-service exceptions for
part 395, and paragraph (d) explains the exceptions for oilfield
operations. In describing how waiting time should be recorded,
paragraph (d) references both Sec. Sec. 395.8 and 395.15. Since
drivers are no longer permitted to use AOBRDs to track hours of
service, FMCSA removes the reference to Sec. 395.15 in Sec. 395.1(d).
Section 395.2 Definitions
FMCSA amends Sec. 395.2 by removing the definition for ``automatic
on board recording device,'' for the reasons stated above.
Section 395.8 Driver's Record of Duty Status
FMCSA amends Sec. 395.8 to remove cross references to AOBRDs and
part Sec. 395.15 for the reasons stated above. Specifically, FMCSA
removes Sec. 395.8(a)(1)(ii), renumbers the remaining paragraphs, and
updates the cross-references to those paragraphs accordingly.
Additionally, FMCSA removes current paragraph (a)(1)(iv)(B) and
renumbers the remaining paragraphs accordingly.
FMCSA revises Sec. 395.8(e)(2) and (3) by removing the references
to AOBRDs.
Section 395.13 Drivers Ordered Out of Service
FMCSA revises Sec. 395.13 to remove the cross-reference to Sec.
395.15, for the reasons stated above.
Section 395.15 Automatic On-Board Recording Devices [Reserved]
FMCSA removes and reserves Sec. 395.15, for the reasons stated
above.
P. Part 397--Transportation of Hazardous Materials; Driving and Parking
Rules
Section 397.65 Definitions
Section 397.65 provides definitions that apply to part 397, subpart
C--Routing of Non-Radioactive Hazardous Materials, including a
definition for the term ``commerce.'' When that definition was adopted,
it contained an error, referring to its paragraph (1) as subparagraph
(a) (59 FR 51824, 51830 (Oct. 12, 1994)). FMCSA amends this section to
correct the error.
III. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), E.O. 14094
(Modernizing 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 by E.O. 14094 (88 FR 21879, Apr. 11, 2023), Modernizing
Regulatory Review. 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, as supplemented by E.O. 13563 and E.O. 14094, 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. In addition, this rule is not significant within the
meaning of DOT regulations (49 CFR 5.13(a)). The amendments made in
this final rule primarily correct inadvertent errors and omissions,
remove or update obsolete references, and make minor language changes
to improve clarity and consistency. In accommodating those changes, the
Agency is performing nondiscretionary, ministerial acts. Other changes
merely align regulatory requirements with the underlying statutory
authority. None of the changes in this final rule impose new material
requirements or increase compliance obligations; therefore, this final
rule imposes no new costs and a full regulatory evaluation is
unnecessary.
Changes to Sec. Sec. 390.125 and 390.127 are expected to result in
cost savings. Originally, the Department of Veterans Affairs' (VA)
medical examiner training and certification testing were to be
delivered through a web-based platform operated by VA. To facilitate
this initiative, FMCSA estimated the cost to develop an information
technology (IT) connection between the National Registry and the VA
platform to be $258,000 with the costs split evenly between FMCSA and
VA, i.e., $129,000 each. Because the National Registry has been
unavailable, the alternative process
[[Page 90616]]
to get VA healthcare providers on the National Registry has not yet
been implemented. Under the new approach in which the training and
testing are to be delivered via the National Registry, it is no longer
necessary to develop the IT connection originally included in the costs
of the rule. Therefore, there will be cost savings for VA of at least
$129,000 under the new approach.
As part of the National Registry rebuild, FMCSA is scheduled to
build mechanisms to deliver training for medical examiners for two
other areas within the National Registry system. Once these two
mechanisms are built, there will be a platform in existence to deliver
training to medical examiners, and only minor modifications will be
necessary to add another training area and an area for testing for the
qualified VA examiners. Thus, the costs to FMCSA are expected to be
minimal and significantly lower than the $129,000 allocated to FMCSA
for the IT connection that is no longer needed. Therefore, there will
be cost savings for FMCSA of up to $129,000.
B. Congressional Review Act
This rule is not a major rule as defined under the Congressional
Review Act (5 U.S.C. 801-808).\5\
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\5\ 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 (5 U.S.C. 802(4)).
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C. 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.
D. 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 <a href="https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman">https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman</a>) 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.
E. 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 $200 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2023 levels) or more in any 1 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.
F. 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).
G. 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.
H. Privacy
The Consolidated Appropriations Act, 2005,\6\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. Because this rule does not require the
collection of personally identifiable information, the Agency is not
required to conduct a privacy impact assessment.
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\6\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
---------------------------------------------------------------------------
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,\7\ requires Federal agencies to
conduct a Privacy Impact Analysis (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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\7\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
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I. 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.
J. 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 5610.1 (69 FR 9680), appendix 2, paragraph
6.b and c. These Categorical Exclusions address technical amendments
and other minor amendments such as those found in this rulemaking, as
well as regulations concerning internal agency functions, organization,
or personnel administration. Therefore, preparation
[[Page 90617]]
of an environmental assessment or environmental impact statement is not
necessary.
List of Subjects
49 CFR Part 350
Grant programs-transportation, Highway safety, Motor carriers,
Motor vehicle safety, Reporting and recordkeeping requirements, State
and local governments.
49 CFR Part 369
Motor carriers, Reporting and recordkeeping requirements.
49 CFR Part 371
Brokers, Motor carriers, Reporting and recordkeeping requirements.
49 CFR Part 380
Administrative practice and procedure, Highway safety, Motor
carriers, Reporting and recordkeeping requirements.
49 CFR Part 381
Motor carriers.
49 CFR Parts 382 and 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.
49 CFR Part 385
Administrative practice and procedure, Highway safety, Mexico,
Motor carriers, Motor vehicle safety, Reporting and recordkeeping
requirements.
49 CFR Part 387
Buses, Freight, Freight forwarders, Hazardous materials
transportation, Highway safety, Insurance, Intergovernmental relations,
Motor carriers, Motor vehicle safety, Moving of household goods,
Penalties, Reporting and recordkeeping requirements, Surety bonds.
49 CFR Part 389
Administrative practice and procedure, Highway safety, Motor
carriers, Motor vehicle safety.
49 CFR Part 390
Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.
49 CFR Part 391
Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety,
Transportation.
49 CFR Part 393
Highway safety, Motor carriers, Motor vehicle safety.
49 CFR Part 395
Highway safety, Motor carriers, Reporting and recordkeeping
requirements.
49 CFR Part 397
Highway safety, Motor carriers, Motor vehicle safety, Reporting and
recordkeeping requirements.
In consideration of the foregoing, FMCSA amends 49 CFR chapter III
as set forth below:
PART 350--MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH
PRIORITY PROGRAM
0
1. The authority citation for part 350 continues to read as follows:
Authority: 49 U.S.C. 504, 13902, 31101, 31102, 31104, 31106,
31108, 31136, 31141, 31161, 31310, 31311, 31502; secs. 5106 and
5107, Pub. L. 114-94, 129 Stat. 1312, 1530; and 49 CFR 1.87.
0
2. Amend Sec. 350.101 by revising the section heading to read as
follows:
Sec. 350.101 Purpose.
* * * * *
0
3. Amend Sec. 350.103 by revising the section heading to read as
follows:
Sec. 350.103 Effective date of changes to financial assistance
programs.
* * * * *
0
4. Amend Sec. 350.105 by revising the section heading to read as
follows:
Sec. 350.105 Definitions.
* * * * *
0
5. Amend Sec. 350.201 by revising the section heading to read as
follows:
Sec. 350.201 MCSAP administration: Goal and purpose.
* * * * *
0
6. Amend Sec. 350.203 by revising the section heading to read as
follows:
Sec. 350.203 MCSAP administration: National MCSAP elements.
* * * * *
0
7. Amend Sec. 350.205 by revising the section heading to read as
follows:
Sec. 350.205 MCSAP administration: Funding eligibility.
* * * * *
0
8. Amend Sec. 350.207 by revising the section heading to read as
follows:
Sec. 350.207 MCSAP administration: Conditions to qualify for funds.
* * * * *
0
9. Amend Sec. 350.209 by revising the section heading to read as
follows:
Sec. 350.209 MCSAP administration: Application for funds using a
CVSP.
* * * * *
0
10. Amend Sec. 350.211 by revising the heading to read as follows:
Sec. 350.211 MCSAP administration: Requirements for the first year of
the CVSP.
* * * * *
0
11. Amend Sec. 350.213 by revising the section heading to read as
follows:
Sec. 350.213 MCSAP administration: Requirements for the second and
third years of the CVSP.
* * * * *
0
12. Amend Sec. 350.215 by revising the section heading to read as
follows:
Sec. 350.215 MCSAP administration: Response to CVSP.
* * * * *
0
13. Amend Sec. 350.217 by revising the section heading to read as
follows:
Sec. 350.217 MCSAP administration: Allocation of funds.
* * * * *
0
14. Amend Sec. 350.219 by revising the section heading to read as
follows:
Sec. 350.219 MCSAP administration: Award of funds under a continuing
resolution or an extension of FMCSA's authorization.
* * * * *
0
15. Amend Sec. 350.221 by revising the section heading to read as
follows:
Sec. 350.221 MCSAP administration: Availability of funds.
* * * * *
0
16. Amend Sec. 350.223 by revising the section heading to read as
follows:
Sec. 350.223 MCSAP administration: Federal and State shares of costs
incurred.
* * * * *
0
17. Amend Sec. 350.225 by revising the section heading to read as
follows:
Sec. 350.225 MCSAP administration: Maintenance of effort to qualify
for funds.
* * * * *
0
18. Amend Sec. 350.227 by revising the section heading to read as
follows:
Sec. 350.227 MCSAP administration: Activities eligible for
reimbursement.
* * * * *
0
19. Amend Sec. 350.229 by revising the section heading to read as
follows:
Sec. 350.229 MCSAP administration: Specific costs eligible for
reimbursement.
* * * * *
[[Page 90618]]
0
20. Amend Sec. 350.231 by revising the section heading to read as
follows:
Sec. 350.231 MCSAP administration: Consequences for failure to meet
conditions.
* * * * *
0
21. Amend Sec. 350.301 by revising the section heading to read as
follows:
Sec. 350.301 Compatibility review: Purpose.
* * * * *
0
22. Amend Sec. 350.303 by revising the section heading to read as
follows:
Sec. 350.303 Compatibility review: State responsibilities.
* * * * *
0
23. Amend Sec. 350.305 by revising the section heading, adding
introductory text, and revising paragraph (d)(3) to read as follows:
Sec. 350.305 Compatibility review: Allowable variances from the
FMCSRs
The following variances are allowed for State laws and regulations
applicable to intrastate commerce and are not subject to Federal
jurisdiction.
* * * * *
(d) * * *
(3) A 150-air mile radius or the air mile radius under Sec.
395.1(e)(1)(i) of this subchapter, whichever is greater.
* * * * *
0
24. Amend Sec. 350.307 by revising the section heading to read as
follows:
Sec. 350.307 Compatibility review: Procedures for obtaining a new
exemption.
* * * * *
0
25. Amend Sec. 350.309 by revising the section heading to read as
follows:
Sec. 350.309 Compatibility review: Consequences of incompatible
provisions.
* * * * *
0
26. Amend Sec. 350.401 by revising the section heading to read as
follows:
Sec. 350.401 High Priority Program: Purpose.
* * * * *
0
27. Amend Sec. 350.403 by revising the section heading to read as
follows:
Sec. 350.403 High Priority Program: Objectives.
* * * * *
0
28. Amend Sec. 350.405 by revising the section heading to read as
follows:
Sec. 350.405 High Priority Program: Funding conditions and
qualifications.
* * * * *
0
29. Amend Sec. 350.407 by revising the section heading to read as
follows:
Sec. 350.407 High Priority Program: Application procedures.
* * * * *
0
30. Amend Sec. 350.409 by revising the section heading to read as
follows:
Sec. 350.409 High Priority Program: Responses to applications.
* * * * *
0
31. Amend Sec. 350.411 by revising the section heading to read as
follows:
Sec. 350.411 High Priority Program: Availability of funds.
* * * * *
0
32. Amend Sec. 350.413 by revising the section heading to read as
follows:
Sec. 350.413 High Priority Program: Federal and recipient shares of
costs.
* * * * *
0
33. Amend Sec. 350.415 by revising the section heading to read as
follows:
Sec. 350.415 High Priority Program: Activities and projects eligible
for reimbursement.
* * * * *
0
34. Amend Sec. 350.417 by revising the section heading to read as
follows:
Sec. 350.417 High Priority Program: Costs eligible for reimbursement.
* * * * *
PART 369--REPORTS OF MOTOR CARRIERS
0
35. The authority citation for part 369 continues to read as follows:
Authority: 49 U.S.C. 14123; 49 CFR 1.87.
0
36. Amend Sec. 369.1 by revising paragraph (b) to read as follows:
Sec. 369.1 Annual reports of for-hire, non-exempt motor carriers of
property, motor carriers of household goods, and dual property
carriers.
* * * * *
(b) Where to file report. Carriers must file the annual report with
the Federal Motor Carrier Safety Administration at the address in Sec.
369.6. Blank copies of the report form are available at the Federal
Motor Carrier Safety Administration website <a href="https://www.fmcsa.dot.gov/mission/form-m">https://www.fmcsa.dot.gov/mission/form-m</a>.
0
37. Amend Sec. 369.4 by revising paragraph (c) to read as follows:
Sec. 369.4 Annual reports of Class I carriers of passengers.
* * * * *
(c) Where to file report. The annual report shall be filed on or
before March 31 of the year following the year to which it relates. The
annual report shall be filed with the Federal Motor Carrier Safety
Administration at the address in Sec. 369.6. Blank copies of the
report form are available at the Federal Motor Carrier Safety
Administration website <a href="https://www.fmcsa.dot.gov/registration/form-mp-1-annual-report-form-and-worksheet-class-i-motor-carriers-passengers">https://www.fmcsa.dot.gov/registration/form-mp-1-annual-report-form-and-worksheet-class-i-motor-carriers-passengers</a>.
PART 371--BROKERS OF PROPERTY
0
38. The authority citation for part 371 continues to read as follows:
Authority: 49 U.S.C. 13301, 13501, and 14122; subtitle B, title
IV of Pub. L. 109-59; and 49 CFR 1.87.
0
39. Section 371.2 is revised and republished to read as follows:
Sec. 371.2 Definitions.
Unless specifically defined elsewhere, in this part:
Broker means a person who, for compensation, arranges, or offers to
arrange, the transportation of property by an authorized motor carrier.
Motor carriers, or persons who are employees or bona fide agents of
carriers, are not brokers within the meaning of this section when they
arrange or offer to arrange the transportation of shipments which they
are authorized to transport and which they have accepted and legally
bound themselves to transport.
Bona fide agents are persons who are part of the normal
organization of a motor carrier and perform duties under the carrier's
directions pursuant to a preexisting agreement which provides for a
continuing relationship, precluding the exercise of discretion on the
part of the agent in allocating traffic between the carrier and others.
Brokerage or brokerage service is the arranging of transportation
or the physical movement of a motor vehicle or of property. It can be
performed on behalf of a motor carrier, consignor, or consignee.
Non-brokerage service is all other service performed by a broker on
behalf of a motor carrier, consignor, or consignee.
PART 380--SPECIAL TRAINING REQUIREMENTS
0
40. The authority citation for part 380 continues to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, 31502;
sec. 4007(a) and (b), Pub. L. 102-240, 105 Stat. 1914, 2151-2152;
sec. 32304, Pub. L. 112-141, 126 Stat. 405, 791; and 49 CFR 1.87.
0
41. Amend Sec. 380.301 by revising the introductory text to read as
follows:
Sec. 380.301 General requirements.
There are two types of LCV driver-instructors: Classroom
instructors and Skills instructors. Except as provided in Sec.
380.303, an individual must meet the conditions under paragraph (a) or
[[Page 90619]]
paragraph (b) of this section to qualify as an LCV driver-instructor.
* * * * *
0
42. Amend Sec. 380.723 by:
0
a. Revising paragraphs (c) introductory text, (c)(1)(iii), and the
first sentence of paragraph (c)(2)(i); and
0
b. Removing the word ``notice'' wherever it appears and adding in its
place the word ``notification''.
The revisions read as follows:
Sec. 380.723 Removal from training provider registry: procedure.
* * * * *
(c) Response to notification of proposed removal and corrective
action. A training provider that has received a notification of
proposed removal and wishes to remain on the TPR must submit a written
response to FMCSA no later than 30 days after the date of issuance of
the notification. The response must explain why the provider believes
that FMCSA has relied on erroneous information in proposing removal
from the TPR, in accordance with paragraph (c)(1) of this section, or
the response must state that the provider intends to comply with this
subpart and complete the corrective action(s) specified in FMCSA's
notification of proposed removal, in accordance with paragraph (c)(2)
of this section. If the provider responds to the notification of
proposed removal by indicating the provider intends to comply and take
corrective action, the provider must submit documentation of completion
of corrective action(s) in accordance with paragraph (c)(2)(i) of this
section.
(1) * * *
(iii) If the provider does not respond in writing within 30 days of
the date of issuance of a notification of proposed removal, explaining
why the decision is not proper or stating that the provider will
complete the corrective actions in accordance with paragraph (c)(2) of
this section, the removal becomes effective immediately and the
provider will be removed from the TPR. Any training conducted after the
removal date is invalid.
(2) * * *
(i) The provider must comply with this subpart and complete the
corrective actions specified in the notification of proposed removal no
later than 60 days after either the date of issuance of the
notification of proposed removal or the date FMCSA subsequently affirms
or modifies the notification of proposed removal. * * *
* * * * *
PART 381--WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS
0
43. The authority citation for part 381 continues to read as follows:
Authority: 49 U.S.C. 31136(e), 31315; and 49 CFR 1.87.
0
44. Amend Sec. 381.210 by revising paragraph (c)(4) to read as
follows:
Sec. 381.210 How do I request a waiver?
* * * * *
(c) * * *
(4) Explains how you would ensure that you could likely achieve a
level of safety that is equivalent to, or greater than, the level of
safety that would be obtained in the absence of the waiver.
0
45. Amend Sec. 381.310 by revising paragraph (c)(5) to read as
follows:
Sec. 381.310 How do I apply for an exemption?
* * * * *
(c) * * *
(5) Explains how you would ensure that you could likely achieve a
level of safety that is equivalent to, or greater than, the level of
safety that would be achieved absent such exemption; and
* * * * *
0
46. Amend Sec. 381.505 by revising paragraph (a) to read as follows:
Sec. 381.505 What are the minimum elements required for a pilot
program?
(a) Safety measures. Before granting exemptions for a pilot
program, the FMCSA will ensure that the safety measures in a pilot
program are designed to achieve a level of safety that is equivalent
to, or greater than, the level of safety that would otherwise be
achieved through compliance with the regulations prescribed.
* * * * *
PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING
0
47. The authority citation for part 382 continues to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec.
32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.
Sec. 382.101 [Amended]
0
48. Amend Sec. 382.101 by adding ``(CMVs)'' to the end of sentence.
Sec. 382.103 [Amended]
0
49. Amend Sec. 382.103 by:
0
a. Removing ``Sec. 390.3(f)'' wherever it appears and adding in its
place``Sec. 390.3T(f)''; and
0
b. Removing ``Sec. 390.5'' wherever it appears and adding in its place
``Sec. 390.5T''.
0
50. Amend Sec. 382.107 by:
0
a. Revising the introductory text; and
0
b. Revising the defined term of ``Commercial motor vehicle'' to read as
``Commercial motor vehicle (CMV)''.
The revisions read as follows:
Sec. 382.107 Definitions.
Words or phrases used in this part are defined in Sec. Sec. 386.2
and 390.5T of this subchapter, and Sec. 40.3 of this title, except as
provided in this section--
* * * * *
Commercial motor vehicle (CMV) * * *
* * * * *
0
51. Revise Sec. 382.413 to read as follows:
Sec. 382.413 Inquiries for alcohol and controlled substances
information from previous employers.
(a) Employers must request alcohol and controlled substances
information from previous employers in accordance with the requirements
of Sec. 391.23(e).
(b) As of January 6, 2023, employers must use the Drug and Alcohol
Clearinghouse in accordance with Sec. 382.701(a) to comply with the
requirements of Sec. 391.23(e) with respect to FMCSA-regulated
employers. Exception: When an employee who is subject to follow-up
testing has not successfully completed all follow-up tests, employers
must request the employee's follow-up testing plan directly from the
previous employer in accordance with Sec. 391.23(e)(4)(i).
(c) If an applicant was subject to an alcohol and controlled
substance testing program under the requirements of a DOT Agency other
than FMCSA, the employer must request the alcohol and controlled
substances information required under this section and Sec. 391.23(e)
directly from those employers regulated by a DOT Agency other than
FMCSA.
Sec. 382.501 [Amended]
0
52. Amend Sec. 382.501 paragraph (b) by removing the semicolon and
adding in its place a comma.
Sec. 382.601 [Amended]
0
53. Amend Sec. 382.601 by removing ``Sec. 382.303(d)'' wherever it
appears and adding in its place ``Sec. 382.303''.
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
0
54. 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.
[[Page 90620]]
1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of Pub. L.
109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141, 126
Stat. 405, 830; sec. 23019 of Pub. L. 117-58, 135 Stat. 429, 777;
and 49 CFR 1.87.
Sec. 383.141 [Amended]
0
55. Amend Sec. 383.141 by removing in the introductory text of
paragraph (b) the word ``state'' and adding in its place the word
``State''.
PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
0
56. 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. 384.405 [Amended]
0
57. Amend Sec. 384.405 in paragraph (a) introductory text by removing
the word ``may'' and adding in its place the word ``shall''.
PART 385--SAFETY FITNESS PROCEDURES
0
58. The authority citation for part 385 continues to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113,
13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec.
113(a), Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 408, Pub. L.
104-88, 109 Stat. 803, 958; sec. 350, Pub. L. 107-87, 115 Stat. 833,
864; sec. 5205, Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR
1.87.
0
59. Amend Sec. 385.201 by revising the section heading to read as
follows:
Sec. 385.201 Qualifications for performing a safety audit or
investigation.
* * * * *
0
60. Amend Sec. 385.203 by revising the section heading to read as
follows:
Sec. 385.203 Certification requirements for performing a safety audit
or investigation.
* * * * *
0
61. Revise Sec. 385.205 to read as follows:
Sec. 385.205 Requirements for re-certification.
An individual who has lost certification to perform a safety audit
or investigation, including review, can only be re-certified if they
successfully complete the requirements of Sec. 385.203(a) and (b).
0
62. Amend Sec. 385.207 by revising the section heading to read as
follows:
Sec. 385.207 Requirements to obtain and maintain certification to
conduct driver or vehicle inspections.
* * * * *
0
63. Amend Sec. 385.301 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading; and
0
c. Suspending the section indefinitely.
The revision reads as follows:
Sec. 385.301 Requirements before beginning interstate operations.
* * * * *
0
64. Amend Sec. 385.301T by revising the section heading to read as
follows:
Sec. 385.301T Requirements before beginning interstate operations.
* * * * *
0
65. Amend Sec. 385.303 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading; and
0
c. Suspending the section indefinitely.
The revision reads as follows:
Sec. 385.303 How to Register with FMCSA.
* * * * *
0
66. Amend Sec. 385.303T by revising the section heading to read as
follows:
Sec. 385.303T How to Register with FMCSA.
* * * * *
0
67. Amend Sec. 385.305 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading; and
0
c. Suspending the section indefinitely.
The revision reads as follows:
Sec. 385.305 Completing the registration process.
* * * * *
0
68. Amend Sec. 385.305T by revising the section heading to read as
follows:
Sec. 385.305T Completing the registration process.
* * * * *
0
69. Amend Sec. 385.306 by revising the section heading to read as
follows:
Sec. 385.306 Consequences of furnishing misleading information or
making a false statement.
* * * * *
0
70. Amend Sec. 385.307 by revising the section heading to read as
follows:
Sec. 385.307 New entrant safety monitoring procedures.
* * * * *
0
71. Amend Sec. 385.308 by revising the section heading to read as
follows:
Sec. 385.308 Expedited safety audits and compliance reviews of new
entrants.
* * * * *
0
72. Amend Sec. 385.309 by revising the section heading to read as
follows:
Sec. 385.309 Safety audit: Purpose.
* * * * *
0
73. Amend Sec. 385.311 by revising the section heading to read as
follows:
Sec. 385.311 Safety audit: Scope.
* * * * *
0
74. Amend Sec. 385.313 by revising the section heading to read as
follows:
Sec. 385.313 Safety audit: Auditor.
* * * * *
0
75. Amend Sec. 385.315 by revising the section heading to read as
follows:
Sec. 385.315 Safety audit: Location.
* * * * *
0
76. Amend Sec. 385.317 by revising the section heading to read as
follows:
Sec. 385.317 Safety audit: Safety fitness determination.
* * * * *
0
77. Amend Sec. 385.319 by revising the section heading to read as
follows:
Sec. 385.319 Safety audit: Completion.
* * * * *
0
78. Amend Sec. 385.321 by revising the section heading to read as
follows:
Sec. 385.321 Safety audit: Failure.
* * * * *
0
79. Amend Sec. 385.323 by revising the section heading to read as
follows:
Sec. 385.323 Safety audit: Extensions for corrective action.
* * * * *
0
80. Amend Sec. 385.325 by revising the section heading to read as
follows:
Sec. 385.325 Safety audit: Outcomes of a corrective action notice.
* * * * *
0
81. Amend Sec. 385.327 by revising the section heading to read as
follows:
Sec. 385.327 Safety audit: Administrative review.
* * * * *
0
82. Amend Sec. 385.329 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading; and
0
c. Suspending the section indefinitely.
The revision reads as follows:
Sec. 385.329 Re-application.
* * * * *
0
83. Amend Sec. 385.329T by revising the section heading to read as
follows:
Sec. 385.329T Re-application.
* * * * *
0
84. Amend Sec. 385.331 by revising the section heading to read as
follows:
[[Page 90621]]
Sec. 385.331 New entrant violation of out-of-service order.
* * * * *
0
85. Amend Sec. 385.333 by revising the section heading to read as
follows:
Sec. 385.333 Conclusion of 18-month safety monitoring period.
* * * * *
0
86. Amend Sec. 385.335 by revising the section heading to read as
follows:
Sec. 385.335 Compliance review in lieu of safety audit.
* * * * *
0
87. Amend Sec. 385.337 by revising the section heading to read as
follows:
Sec. 385.337 New entrant refusal to permit safety audit.
* * * * *
0
88. Amend Sec. 385.401 by revising the section heading to read as
follows:
Sec. 385.401 Hazardous materials safety permits: Purpose and scope.
* * * * *
0
89. Amend Sec. 385.402 by revising the section heading to read as
follows:
Sec. 385.402 Hazardous materials safety permits: Definitions.
* * * * *
0
90. Amend Sec. 385.403 by revising the section heading to read as
follows:
Sec. 385.403 Prohibited transportation without safety permit.
* * * * *
0
91. Amend Sec. 385.405 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading; and
0
c. Suspending the section indefinitely.
The revision reads as follows:
Sec. 385.405 Application for safety permit.
* * * * *
0
92. Amend Sec. 385.405T by revising the section heading to read as
follows:
Sec. 385.405T Application for safety permit.
* * * * *
0
93. Amend Sec. 385.407 by revising the section heading and revising
and republishing paragraph (a)(2) to read as follows:
Sec. 385.407 Requirements for a safety permit.
(a) * * *
(2) FMCSA will not issue a safety permit to a motor carrier that:
(i) Does not certify that it has a satisfactory security program as
required in Sec. 385.407(b);
(ii) Has a crash rate in the top 30 percent of the national average
as indicated in the FMCSA Motor Carrier Management Information System
(MCMIS);
(iii) Has a driver, vehicle, hazardous materials, or total out-of-
service rate in the top 30 percent of the national average as indicated
in the MCMIS; or
(iv) Does not have the minimum financial responsibility required by
Sec. 387.9 of this chapter or an applicable State requirement.
* * * * *
0
94. Amend Sec. 385.409 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading;
0
c. Revising and republishing paragraph (a); and
0
d. Suspending the section indefinitely.
The revision reads as follows:
Sec. 385.409 Temporary safety permit.
(a) If a motor carrier does not meet the criteria of Sec.
385.407(a), FMCSA may issue it a temporary safety permit. To obtain a
temporary safety permit, a motor carrier must certify on Form MCSA-1,
the URS online application, that it is operating in full compliance
with the HMRs, with the FMCSRs, and/or comparable State regulations,
whichever is applicable; and with the minimum financial responsibility
requirements in part 387 of this subchapter or in State regulations,
whichever is applicable.
* * * * *
0
95. Amend Sec. 385.409T by revising the section heading and revising
and republishing paragraph (a) to read as follows:
Sec. 385.409T Temporary safety permit.
(a) If a motor carrier does not meet the criteria in Sec.
385.407(a), FMCSA may issue it a temporary safety permit. To obtain a
temporary safety permit a motor carrier must certify on Form MCS-150B
that it is operating in full compliance with the HMRs; with the FMCSRs,
and/or comparable State regulations, whichever is applicable; and with
the minimum financial responsibility requirements in part 387 of this
chapter or in State regulations, whichever is applicable.
* * * * *
0
96. Revise Sec. 385.411 to read as follows:
Sec. 385.411 State-issued safety permit.
A motor carrier must comply with the requirements of this subpart
even if it has a State-issued safety permit. However, if FMCSA is able
to verify that a motor carrier has a safety permit issued by a State
under a program that FMCSA has determined to be equivalent to the
provisions of this subpart, FMCSA will immediately issue a safety
permit to the motor carrier upon receipt of an application in
accordance with Sec. 385.405T, without further inspection or
investigation.
0
97. Revise Sec. 385.413 to read as follows:
Sec. 385.413 Proposed safety rating less than Satisfactory.
(a) If a motor carrier receives a proposed safety rating that is
less than Satisfactory and does not already have a safety permit, it
will not be issued a safety permit (including a temporary safety
permit) unless and until a Satisfactory safety rating is issued to the
motor carrier.
(b) If a motor carrier receives a proposed safety rating that is
less than Satisfactory and holds a safety permit (including a temporary
safety permit), the safety permit will be subject to revocation or
suspension (see Sec. 385.421).
0
98. Amend Sec. 385.415 by revising the section heading to read as
follows:
Sec. 385.415 Operational requirements for the transportation of a
hazardous material for which a permit is required.
* * * * *
0
99. Amend Sec. 385.417 by revising the section heading to read as
follows:
Sec. 385.417 Availability of motor carrier's safety permit number.
* * * * *
0
100. Amend Sec. 385.419 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading; and
0
c. Suspending the section indefinitely.
The revision reads as follows:
Sec. 385.419 Effective period of safety permit.
* * * * *
0
101. Amend Sec. 385.419T by revising the section heading to read as
follows:
Sec. 385.419T Effective period of safety permit.
* * * * *
0
102. Amend Sec. 385.421 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading; and
0
c. Suspending the section indefinitely.
The revision reads as follows:
Sec. 385.421 Revocation or suspension of safety permit.
* * * * *
0
103. Amend Sec. 385.421T by revising the section heading to read as
follows:
Sec. 385.421T Revocation or suspension of safety permit.
* * * * *
[[Page 90622]]
0
104. Amend Sec. 385.423 by revising the section heading to read as
follows:
Sec. 385.423 Administrative review of a denial, suspension, or
revocation of a safety permit.
* * * * *
Appendix B to Part 385 [Amended]
0
105. Amend Appendix B in section III.B. by removing the words ``you
receive'' wherever it appears and adding in its place the words
``receipt of''.
PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS
0
106. The authority citation for part 387 continues to read as follows:
Authority: 49 U.S.C. 13101, 13301, 13906, 13908, 14701, 31138,
31139; sec. 204(a), Pub. L. 104-88, 109 Stat. 803, 941; and 49 CFR
1.87.
0
107. Amend Sec. 387.307 by revising and republishing paragraphs (e)(5)
and (6) to read as follows:
Sec. 387.307 Property broker surety bond or trust fund.
* * * * *
(e) * * *
(5) Upon notification by the surety company or financial
institution in accordance with paragraphs (e)(1) through (4) of this
section, FMCSA will provide written notice to the broker that its
operating authority registration issued pursuant to part 365 of this
chapter will be suspended within 7 business days of service of the
notice unless the broker provides written evidence to FMCSA that the
notification was sent in error, the surety bond or trust fund has been
restored to the $75,000 amount required by this section, or the pending
claims have been satisfied without the use of surety bond or trust fund
assets. FMCSA will consider such evidence and provide written notice to
the broker of its determination.
(6) If the broker fails to respond to the notice within 7 business
days of service of the notice, FMCSA will enter a suspension of the
broker's authority and provide written notice to the broker that the
suspension is in effect. A broker whose authority has been suspended
may request that FMCSA lift the suspension by providing written
evidence that the notification was sent in error; the surety bond or
trust fund has been restored to the $75,000 amount required by this
section; or the pending claims have been satisfied without the use of
surety bond or trust fund assets. FMCSA will consider such evidence and
provide written notice to the broker of its determination.
* * * * *
PART 389--RULEMAKING PROCEDURES--FEDERAL MOTOR CARRIER SAFETY
REGULATIONS
0
108. The authority citation for part 389 continues to read as follows:
Authority: 49 U.S.C. 113, 501 et seq., subchapters I and III of
chapter 311, chapter 313, and 31502; sec. 5204 of Pub. L. 114-94,
129 Stat. 1312, 1536; 42 U.S.C. 4917; and 49 CFR 1.87.
Sec. 389.13 [Amended]
0
109. Amend Sec. 389.13 by removing the last sentence of paragraph (c).
0
110. Add Sec. 389.41 to subpart B to read as follows:
Sec. 389.41 Severability.
If any provision of a rule issued under this part is held invalid,
the remaining provisions are not affected unless specifically stated
otherwise in the rule.
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
111. The authority citation for part 390 continues 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.
0
112. Amend Sec. 390.27 by revising in the table the entry for
``Midwestern'' to read as follows:
Sec. 390.27 Locations of motor carrier safety service centers.
------------------------------------------------------------------------
Service center Territory included Location of office
------------------------------------------------------------------------
* * * * * * *
Midwestern.................. Illinois, Indiana, 600 Holiday Plaza
Iowa, Kansas, Drive, Suite 240,
Michigan, Matteson, Illinois
Minnesota, 60443.
Missouri, Nebraska,
Ohio, Wisconsin.
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
113. Amend Sec. 390.40 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading; and
0
c. Suspending the section indefinitely.
The revision reads as follows:
Sec. 390.40 Intermodal equipment providers.
* * * * *
0
114. Amend Sec. 390.40T by revising the section heading to read as
follows:
Sec. 390.40T Intermodal equipment providers.
* * * * *
0
115. Amend Sec. 390.42 by revising the section heading to read as
follows:
Sec. 390.42 Drivers and motor carriers operating intermodal
equipment.
* * * * *
0
116. Amend Sec. 390.44 by revising the section heading to read as
follows:
Sec. 390.44 Correcting the safety record of a motor carrier or an
intermodal equipment provider.
* * * * *
0
117. Amend Sec. 390.46 by revising the section heading to read as
follows:
Sec. 390.46 Preemption of State and local laws and regulations on the
inspection, repair, and maintenance of intermodal equipment.
* * * * *
0
118. Revise Sec. 390.125 to read as follows:
Sec. 390.125 Qualified VA examiner certification training.
A qualified VA examiner applying for certification under Sec. Sec.
390.123 through 390.135 must complete training developed and provided
by FMCSA through the National Registry of Certified Medical Examiners
system.
0
119. Revise Sec. 390.127 to read as follows:
[[Page 90623]]
Sec. 390.127 Qualified VA examiner certification testing.
To receive medical examiner certification from FMCSA under
Sec. Sec. 390.123 through 390.135, a qualified VA examiner must pass
the medical examiner certification test developed and provided by FMCSA
through the National Registry of Certified Medical Examiners system.
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
120. The authority citation for part 391 continues to read as follows:
Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 31502; sec.
4007(b), Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114, Pub. L.
103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159, 113 Stat.
1748, 1767; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; secs.
5403 and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1560; sec. 2,
Pub. L. 115-105, 131 Stat. 2263; and 49 CFR 1.87.
Sec. 391.45 [Amended]
0
121. Amend Sec. 391.45 by removing the word ``intra-city'' wherever it
appears and adding in its place the word ``intracity''.
0
122. Amend Sec. 391.49 by revising paragraphs (d)(3)(i)(B) and
(d)(3)(ii)(C) to read as follows:
Sec. 391.49 Alternative physical qualification standards for the loss
or impairment of limbs.
* * * * *
(d) * * *
(3) * * *
(i) * * *
(B) A statement by the examiner that the applicant is capable of
demonstrating precision prehension (e.g., grasping and manipulating
knobs and switches using the fingers/thumb) and power grasp prehension
(e.g., grasping, holding, and maneuvering the steering wheel using a
hand) with each hand separately. Prior to applying for an SPE
certificate, an applicant with loss of a hand or arm must be fitted and
proficient with a proper prosthesis that enables the applicant to
demonstrate precision prehension and power grasp prehension with each
hand separately. This requirement does not apply to an individual who
was granted a waiver, absent a prosthetic device, prior to January 6,
1986, the effective date of the requirement.
(ii) * * *
(C) A statement by the examiner that the applicant is capable of
demonstrating precision prehension (e.g., grasping and manipulating
knobs and switches using the fingers/thumb) and power grasp prehension
(e.g., grasping, holding, and maneuvering the steering wheel using a
hand) with each hand separately. Prior to applying for an SPE
certificate, an applicant with upper limb impairment must be fitted and
proficient with a proper prosthesis or orthotic device, if the
applicant is not capable of demonstrating precision prehension and
power grasp prehension with each hand separately without a prosthesis
or orthotic device. This requirement does not apply to an individual
who was granted a waiver, absent an orthotic device, prior to January
6, 1986, the effective date of the requirement.
* * * * *
0
123. Amend Sec. 391.62 by revising the section heading to read as
follows:
Sec. 391.62 Limited exemptions for intracity zone drivers.
* * * * *
PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
0
124. The authority citation for part 393 continues to read as follows:
Authority: 49 U.S.C. 31136, 31151, 31502; sec. 1041(b), Pub. L.
102-240, 105 Stat. 1914, 1993; secs. 5301 and 5524, Pub. L. 114-94,
129 Stat. 1312, 1543, 1560; and 49 CFR 1.87.
0
125. Amend Sec. 393.5 by revising the definition of ``Longwood'' to
read as follows:
Sec. 393.5 Definitions.
* * * * *
Longwood. All logs, including utility poles, that are not
shortwood, i.e., are over 4.9 m (16 feet) long. Such logs are usually
described as long logs or treelength.
* * * * *
0
126. Amend Sec. 393.100 by revising the section heading to read as
follows:
Sec. 393.100 Applicability and general requirements of cargo
securement standards.
* * * * *
0
127. Amend Sec. 393.102 by revising the section heading to read as
follows:
Sec. 393.102 Minimum performance criteria for cargo securement
devices and systems.
* * * * *
0
128. Amend Sec. 393.104 by revising the section heading to read as
follows:
Sec. 393.104 Standards for cargo securement devices and systems.
* * * * *
0
129. Amend Sec. 393.106 by revising the section heading to read as
follows:
Sec. 393.106 General requirements for securing articles of cargo.
* * * * *
0
130. Amend Sec. 393.108 by revising the section heading to read as
follows:
Sec. 393.108 Determining the working load limit of a tiedown or the
load restraining value of a friction mat.
* * * * *
0
131. Amend Sec. 393.110 by revising the section heading to read as
follows:
Sec. 393.110 Additional requirements for determining the minimum
number of tiedowns.
* * * * *
0
132. Amend Sec. 393.112 by revising the section heading to read as
follows:
Sec. 393.112 Adjustability of tiedowns.
* * * * *
0
133. Amend Sec. 393.114 by revising the section heading to read as
follows:
Sec. 393.114 Requirements for front end structures used as part of a
cargo securement system.
* * * * *
0
134. Amend Sec. 393.116 by revising the section heading to read as
follows:
Sec. 393.116 Specific securement requirements for logs.
* * * * *
0
135. Amend Sec. 393.118 by revising the section heading to read as
follows:
Sec. 393.118 Specific securement requirements for dressed lumber and
similar building products.
* * * * *
0
136. Amend Sec. 393.120 by revising the section heading to read as
follows:
Sec. 393.120 Specific securement requirements for metal coils.
* * * * *
0
137. Amend Sec. 393.122 by revising the section heading to read as
follows:
Sec. 393.122 Specific securement requirements for paper rolls.
* * * * *
0
138. Amend Sec. 393.124 by revising the section heading to read as
follows:
Sec. 393.124 Specific securement requirements for concrete pipe.
* * * * *
0
139. Amend Sec. 393.126 by revising the section heading to read as
follows:
Sec. 393.126 Specific securement requirements for intermodal
containers.
* * * * *
0
140. Amend Sec. 393.128 by revising the section heading to read as
follows:
[[Page 90624]]
Sec. 393.128 Specific securement requirements for automobiles, light
trucks, and vans.
* * * * *
0
141. Amend Sec. 393.130 by revising the section heading to read as
follows:
Sec. 393.130 Specific securement requirements for heavy vehicles,
equipment, and machinery.
* * * * *
0
142. Amend Sec. 393.132 by revising the section heading to read as
follows:
Sec. 393.132 Specific securement requirements for flattened or
crushed vehicles.
* * * * *
0
143. Amend Sec. 393.134 by revising the section heading to read as
follows:
Sec. 393.134 Specific securement requirements for roll-on/roll-off
and hook lift containers.
* * * * *
0
144. Amend Sec. 393.136 by revising the section heading to read as
follows:
Sec. 393.136 Specific securement requirements for large boulders.
* * * * *
PART 395--HOURS OF SERVICE OF DRIVERS
0
145. The authority citation for part 395 continues to read as follows:
Authority: 49 U.S.C. 504, 21104(e), 31133, 31136, 31137, 31502;
sec. 113, Pub. L. 103-311, 108 Stat. 1673, 1676; 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. 4133, Pub. L. 109-59, 119 Stat. 1144, 1744;
sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5206(b), Pub.
L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.
0
146. Amend Sec. 395.1 by revising and republishing paragraph (d)(2) to
read as follows.
Sec. 395.1 Scope of rules in this part.
* * * * *
(d) * * *
(2) In the case of specially trained drivers of commercial motor
vehicles that are specially constructed to service oil wells, on-duty
time shall not include waiting time at a natural gas or oil well site.
Such waiting time shall be recorded as ``off duty'' for purposes of
Sec. 395.8, with remarks or annotations to indicate the specific off-
duty periods that are waiting time, or on a separate ``waiting time''
line on the record of duty status to show that off-duty time is also
waiting time. Waiting time shall not be included in calculating the 14-
hour period in Sec. 395.3(a)(2). Specially trained drivers of such
commercial motor vehicles are not eligible to use the provisions of
paragraph (e)(1) of this section.
* * * * *
Sec. 395.2 [Amended]
0
147. Amend Sec. 395.2 by removing the definition of ``Automatic on-
board recording device''.
0
148. Amend Sec. 395.8 by revising paragraphs (a)(1) and (e)(2) and (3)
to read as follows:
Sec. 395.8 Driver's record of duty status.
(a) (1) Except for a private motor carrier of passengers
(nonbusiness), as defined in Sec. 390.5 of this subchapter, a motor
carrier subject to the requirements of this part must require each
driver used by the motor carrier to record the driver's duty status for
each 24-hour period using the method prescribed in paragraphs (a)(1)(i)
through (iii) of this section, as applicable.
(i) Subject to paragraph (a)(1)(ii) of this section, a motor
carrier operating commercial motor vehicles must install and require
each of its drivers to use an ELD to record the driver's duty status in
accordance with subpart B of this part no later than December 18, 2017.
(ii)(A) A motor carrier may require a driver to record the driver's
duty status manually in accordance with this section, rather than
require the use of an ELD, if the driver is operating a commercial
motor vehicle:
(1) In a manner requiring completion of a record of duty status on
not more than 8 days within any 30-day period;
(2) In a driveaway-towaway operation in which the vehicle being
driven is part of the shipment being delivered;
(3) In a driveaway-towaway operation in which the vehicle being
transported is a motor home or a recreation vehicle trailer; or
(4) That was manufactured before model year 2000, as reflected in
the vehicle identification number as shown on the vehicle's
registration.
(B) The record of duty status must be recorded in duplicate for
each 24-hour period for which recording is required. The duty status
shall be recorded on a specified grid, as shown in paragraph (g) of
this section. The grid and the requirements of paragraph (d) of this
section may be combined with any company form.
(iii) Subject to paragraphs (a)(1)(i) and (ii) of this section,
until December 18, 2017, a motor carrier operating commercial motor
vehicles shall require each of its drivers to record the driver's
record of duty status:
(A) Using an ELD that meets the requirements of subpart B of this
part; or
(B) Manually, recorded on a specified grid as shown in paragraph
(g) of this section. The grid and the requirements of paragraph (d) of
this section may be combined with any company form. The record of duty
status must be recorded in duplicate for each 24-hour period for which
recording is required.
* * * * *
(e) * * *
(2) No driver or motor carrier may disable, deactivate, disengage,
jam, or otherwise block or degrade a signal transmission or reception,
or reengineer, reprogram, or otherwise tamper with an ELD so that the
device does not accurately record and retain required data.
(3) No driver or motor carrier may permit or require another person
to disable, deactivate, disengage, jam, or otherwise block or degrade a
signal transmission or reception, or reengineer, reprogram, or
otherwise tamper with an ELD so that the device does not accurately
record and retain required data.
* * * * *
Sec. 395.13 [Amended]
0
149. Amend Sec. 395.13 in paragraph (b)(2) by removing the words ``or
Sec. 395.15 of this part''.
Sec. 395.15 [Removed and Reserved]
0
150. Remove and reserve Sec. 395.15.
PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND
PARKING RULES
0
151. The authority citation for part 397 continues to read as follows:
Authority: 49 U.S.C. 322; 49 CFR 1.87. Subpart A also issued
under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.97. Subparts C, D,
and E also issued under 49 U.S.C. 5112, 5125.
Sec. 397.65 [Amended]
0
152. Amend Sec. 397.65 in paragraph (s) of the definition of
``Commerce'', by removing the words ``subparagraph (a)'' and adding in
their place the words ``paragraph (1) of this definition''.
Issued under authority delegated in 49 CFR 1.87.
Vincent G. White,
Deputy Administrator.
[FR Doc. 2024-25514 Filed 11-15-24; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on November 18, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.