Rule2025-00212
Federal Motor Carrier Safety Regulations; Correction
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
January 10, 2025
Effective
January 10, 2025
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
In a final rule published in the Federal Register on November 18, 2024, FMCSA amended its regulations by making technical corrections throughout the Federal Motor Carrier Safety Regulations (FMCSRs). The final rule included an amendatory instruction to revise a stayed section without first lifting the stay. The final rule also included an amendatory instruction which referenced an incorrect paragraph letter. The Agency corrects these errors.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 6 (Friday, January 10, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Rules and Regulations]
[Page 1908]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00212]
[[Page 1908]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 387 and 397
[Docket No. FMCSA-2024-0201]
RIN 2126-AC66
Federal Motor Carrier Safety Regulations; Correction
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule; correcting amendments.
-----------------------------------------------------------------------
SUMMARY: In a final rule published in the Federal Register on November
18, 2024, FMCSA amended its regulations by making technical corrections
throughout the Federal Motor Carrier Safety Regulations (FMCSRs). The
final rule included an amendatory instruction to revise a stayed
section without first lifting the stay. The final rule also included an
amendatory instruction which referenced an incorrect paragraph letter.
The Agency corrects these errors.
DATES: This correction is effective January 10, 2025.
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#94fafdf7fcfbf8f5e7baf8fbf7fffcf5e6e0d4f0fbe0baf3fbe2"><span class="__cf_email__" data-cfemail="9cf2f5fff4f3f0fdefb2f0f3fff7f4fdeee8dcf8f3e8b2fbf3ea">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On November 18, 2024, FMCSA published a
final rule (89 FR 90608) that amended its regulations by making
technical corrections throughout the FMCSRs. The rule made minor
changes to correct inadvertent errors and omissions, remove or update
obsolete references, and improve the clarity and consistency of certain
regulatory provisions. The rule also made a change to its rules of
organization, procedures, and practice. Through this document, FMCSA
provides amendments to correct two errors in that final rule.
First, through amendatory instruction no. 107 in the final rule,
the Agency sought to revise Sec. 387.307, which is stayed, without
first lifting the stay. The Agency corrects this error by providing a
new instruction to lift the stay, revise the section, and stay the
section. The revisions to Sec. 387.307 are the same revisions
described in the final rule (89 FR 90608, 90613). Since the final rule
published, the Agency has published another final rule amending Sec.
387.307, titled ``Broker and Freight Forwarder Financial
Responsibility; Extension of Compliance Date'' (89 FR 107021, Dec. 31,
2024). That rule changed the date on which the stay of Sec. 387.307
will be lifted, from January 16, 2025, to January 16, 2026.
Accordingly, the Agency's instruction in this correction stays Sec.
387.307 until January 16, 2026.
Second, through amendatory instruction no. 152 in the final rule,
the Agency sought to revise paragraph (2) of the definition of
``Commerce'' in Sec. 397.65. The instruction contained a typographical
error that referenced paragraph (s) instead of paragraph (2). The
Agency corrects this error by providing a new instruction that
references paragraph (2).
List of Subjects
49 CFR Part 387
Administrative practice and procedure, Brokers, Freight forwarders,
Hazardous materials transportation, Highway safety, Highways and roads,
Motor carriers, Motor vehicle safety, Penalties.
49 CFR Part 397
Administrative practice and procedure, Hazardous materials
transportation, Highway safety, Intergovernmental relations, Motor
carriers, Parking, Radioactive materials, Reporting and recordkeeping
requirements, Rubber and rubber products.
In consideration of the foregoing, FMCSA amends 49 CFR parts 387
and 397 by making the following correcting amendments:
PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS
0
1. 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
2. Amend Sec. 387.307 by:
0
a. Lifting the stay of the section;
0
b. Revising paragraphs (e)(5) and (6); and
0
c. Staying the section until January 16, 2026.
The revisions 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 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND
PARKING RULES
0
3. 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
4. Amend Sec. 397.65 in paragraph (2) of the definition of
``Commerce'', by removing the text ``subparagraph (a)'' and adding in
its place the text ``paragraph (1) of this definition''.
Issued under authority delegated in 49 CFR 1.87.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2025-00212 Filed 1-8-25; 8:45 am]
BILLING CODE 4910-EX-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 10, 2025.
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.