Rule2026-03266
Removal of Obsolete References to “Water Carriers”
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
February 19, 2026
Effective
March 23, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA amends its regulations to remove obsolete references to "water carriers" in the FMCSA regulations (FMCSR). FMCSA does not specifically regulate water carriers except to the extent that such carriers also engage in motor carrier operations. In such cases, the existing FMCSR provide appropriate coverage of the carrier's motor carrier operations.
Full Text
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<title>Federal Register, Volume 91 Issue 33 (Thursday, February 19, 2026)</title>
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[Federal Register Volume 91, Number 33 (Thursday, February 19, 2026)]
[Rules and Regulations]
[Pages 7856-7860]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03266]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 365, 370, 379, 386, and 390
[Docket No. FMCSA-2025-0112]
RIN 2126-AC86
Removal of Obsolete References to ``Water Carriers''
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FMCSA amends its regulations to remove obsolete references to
``water carriers'' in the FMCSA regulations (FMCSR). FMCSA does not
specifically regulate water carriers except to the extent that such
carriers also engage in motor carrier operations. In such cases, the
existing FMCSR provide appropriate coverage of the carrier's motor
carrier operations.
DATES: Effective March 23, 2026. Petitions for reconsideration of this
final rule must be submitted to the FMCSA Administrator no later than
March 23, 2026.
FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey L. Secrist, Chief,
Registration Division, DOT, FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590; (202) 385-2367; <a href="/cdn-cgi/l/email-protection#cea4aba8a8e0bdabadbca7bdba8eaaa1bae0a9a1b8"><span class="__cf_email__" data-cfemail="32585754541c415751405b414672565d461c555d44">[email protected]</span></a>. If you have
questions on viewing or submitting material to the docket, call Dockets
Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION: FMCSA organizes this final rule as follows:
I. Availability of Rulemaking Documents
II. Abbreviations
III. Legal Basis
IV. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
B. Comments and Responses
V. Section-by-Section Analysis
VI. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
B. E.O. 14192 (Unleashing American Prosperity Through
Deregulation)
C. Congressional Review Act
D. Regulatory Flexibility Act
E. Assistance for Small Entities
F. Unfunded Mandates Reform Act of 1995
G. Paperwork Reduction Act
H. E.O. 13132 (Federalism)
I. Privacy
J. E.O. 13175 (Indian Tribal Governments)
K. National Environmental Policy Act of 1969
I. Availability of Rulemaking Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2025-0112/document">https://www.regulations.gov/docket/FMCSA-2025-0112/document</a> and
choose the document to review. To view comments, click this final rule,
then click ``Browse Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
at U.S. Department of Transportation, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
II. Abbreviations
ANPRM Advance notice of proposed rulemaking
CFR Code of Federal Regulations
CMV Commercial motor vehicle
DOT Department of Transportation
E.O. Executive Order
FMCSA Federal Motor Carrier Safety Administration
FMCSR Federal Motor Carrier Safety Regulations
FR Federal Register
ICC Interstate Commerce Commission
ICCTA Interstate Commerce Commission Termination Act of 1995
NPRM Notice of proposed rulemaking
NTTC National Tank Truck Carriers
OMB Office of Management and Budget
OOIDA Owner-Operator Independent Drivers Association
PIA Privacy Impact Assessment
PTA Privacy Threshold Assessment
The Secretary The Secretary of Transportation
STB Surface Transportation Board
U.S.C. United States Code
III. Legal Basis
The ICC Termination Act of 1995 (ICCTA) (Pub. L. 104-88, 109 Stat.
803 (Dec. 29, 1995)) restructured the regulatory authorities previously
held by the Interstate Commerce Commission (ICC). It enacted a broad
delegation of jurisdiction to the Secretary of Transportation (the
Secretary) and the Surface Transportation Board (STB) over domestic
water transportation (i.e., transportation for compensation by water
between two States) (49 U.S.C. 13521). Regulation of transportation to
and from foreign countries is delegated to the Federal Maritime
Commission (see generally 46 U.S.C. subtitle IV, part A; see also
Kawashi Kisen Kaisha Ltd. v. Regal-Beloit Corp., 561 U.S. 89, 118-119
(2010) (dissenting opinion)).
Other provisions enacted as part of the ICCTA greatly limited the
regulatory authority over water carriers, and specifically delegated it
almost entirely to the STB, the Agency created to succeed the ICC.
Rates and practices by water carriers engaged in ``noncontiguous
domestic trade'' are required to be reasonable (49 U.S.C. 13701).
Noncontiguous domestic trade is defined as ``involving traffic
originating in or destined to Alaska, Hawaii, or a territory or
possession of the United States,'' (49 U.S.C. 13102(26)). The STB has
authority to require tariffs to be filed for such transportation in the
noncontiguous domestic trade (except for transportation of bulk cargo,
forest products, recycled metal scrap, wastepaper, and paper waste) and
to consider complaints and to provide remedies for unreasonable rates
and practices (49 U.S.C. 13702). Water carriers subject to the general
jurisdiction have a common carrier obligation, but there is no specific
delegation to either the Secretary or the STB for enforcing compliance.
In addition, water carriers may enter into contracts for transportation
and, in agreement with shippers, contractually waive any regulatory
provisions except
[[Page 7857]]
those governing registration, insurance, or safety fitness (49 U.S.C.
14101).
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 Jan. 1, 2000) to carry out the
motor carrier safety and other regulatory responsibilities previously
assigned to the Federal Highway Administration on behalf of the
Secretary. This Act made no changes in the water carrier regulatory
provisions enacted by ICCTA, which resulted in the carrying forward of
certain obsolete references to water carriers into FMCSA's commercial
regulations.
IV. Discussion of Proposed Rulemaking and Comments
A. Proposed Rulemaking
On May 30, 2025, FMCSA published in the Federal Register (FR) an
NPRM titled ``Removal of Obsolete References to `Water Carriers' '' (90
FR 22892). In the NPRM, FMCSA proposed to remove the words ``water
carrier'' or ``water carriers'' from sections 365.107T,\1\ 370.1,
379.1, Appendix B to part 386, and Appendix A to part 390.\2\ The terms
are remnants carried over from FMCSA's predecessor Agencies and are
obsolete, as FMCSA does not have regulatory jurisdiction over water
carriers.
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\1\ On January 17, 2017, FMCSA suspended certain regulations
relating to the electronic Unified Registration System and delayed
their effective date indefinitely (82 FR 5292). The suspended
regulations were replaced by temporary provisions that contain the
requirements in place on January 13, 2017. Section 365.107 was one
of the sections suspended and Sec. 365.107T, which is currently in
effect, was one of the replacement sections added (82 FR 5299).
There is no reference to water carrier or water carriers in the
current existing Sec. 365.107 (non-temporary) provision.
\2\ FMCSA added a new appendix A to part 390 to assist motor
carriers and employers in better understanding which regulations
apply to their specific operations (87 FR 68367, 68370, 68372, 68376
(Nov. 15, 2022)). The guidance is also available in FMCSA's guidance
portal at <a href="https://www.fmcsa.dot.gov/regulations/applicability-registration-financial-responsibility-and-safety-regulations-motor">https://www.fmcsa.dot.gov/regulations/applicability-registration-financial-responsibility-and-safety-regulations-motor</a>.
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B. Comments and Responses
FMCSA solicited comments concerning the NPRM for 60 days ending on
July 29, 2025. By that date, two comments were received from the
following parties: National Tank Truck Carriers (NTTC) and the Owner-
Operator Independent Drivers Association (OOIDA).
Both commenters supported the removal of the term ``water carrier''
and ``water carriers.'' NTTC stated these targeted amendments would
improve the clarity, accuracy, and applicability of the FMCSRs and
would benefit both the Agency and regulated entities. OOIDA likewise
supported the deregulatory efforts of FMCSA to eliminate or modify
unnecessary and ineffective regulations. FMCSA received no comments in
opposition to the proposal presented in the NPRM.
V. Section-by-Section Analysis
This section-by-section analysis describes the changes to the
regulatory text in numerical order.
Section 365.107T
Section 365.107T is amended by removing the term ``water carriers''
from paragraph (f), to reflect that water carriers do not submit
applications for temporary operating authority to FMCSA.
Section 370.1
Section 370.1 is amended by removing the term ``water carrier'' to
reflect that the regulations in part 370 (Principles and Practices for
the Investigation and Voluntary Disposition of Loss and Damage Claims
and Processing Salvage) are not applicable to water carriers.
Section 379.1
Section 379.1 is amended by removing paragraph (a)(2) (which used
the term ``water carriers'') and redesignating paragraph (a)(3) as
paragraph (a)(2). This change is necessary to reflect that the
regulations in part 379 (Preservation of Records) are not applicable to
water carriers.
Appendix B to Part 386
Appendix B to Part 386 is amended by removing the words ``water
carrier'' from paragraph (g)(17) to reflect that FMCSA does not have
authority to assess civil penalties against water carriers.
Appendix A to Part 390
Appendix A to Part 390 is amended by removing the words ``water
carrier'' from the paragraph under III. Specific Example Scenarios,
called ``Hotel Related Passenger Transportation.'' This change reflects
that, although water carriers are included in the statutory definition
of carrier at 49 U.S.C. 13102(3), FMCSA's authority over the entities
listed in that statute is limited to motor carriers and freight
forwarders.
VI. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review) and
DOT Regulatory Policies and Procedures
FMCSA has considered the impact of this final rule under E.O. 12866
(58 FR 51735 (Oct. 4, 1993)), Regulatory Planning and Review, and DOT
Order 2100.6B. The Office of Information and Regulatory Affairs within
the Office of Management and Budget (OMB) determined that this final
rule is not a significant regulatory action under section 3(f) of E.O.
12866 and has not reviewed it under that E.O.
The final rule removes language from predecessor Agencies that is
not relevant and could be confusing. The term ``water carriers''
appeared in multiple areas of the FMCSRs and could have given the false
appearance that these entities are subject to these regulations.
Removing the term does not alter the applicability of the requirements
and will streamline the language in the CFR. FMCSA does not expect that
any regulated entities will change their behavior as a result of this
final rule, and therefore the final rule will not result in any impacts
to regulated entities other than removing unnecessary language from the
CFR. It could result in some cost savings by reducing the amount of
time needed to become familiar with the regulations. FMCSA assumes any
realized cost savings will be de minimis. FMCSA does not have data to
estimate the reduction in costs that will result from this final rule.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192 (90 FR 9065 (Feb. 6, 2025)), Unleashing Prosperity
Through Deregulation, requires that for ``each new [E.O. 14192
regulatory action] issued, at least 10 prior regulations be identified
for elimination.'' Implementation guidance for E.O. 14192 issued by OMB
(Memorandum M-25-20 (Mar. 26, 2025)) defines two different types of
E.O. 14192 actions: an E.O. 14192 deregulatory action, and an E.O.
14192 regulatory action.\3\
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\3\ OMB, Exec. Office of the President, OMB Memorandum No. M-25-
20, Guidance Implementing Section 3 of Executive Order 14192, Titled
``Unleashing Prosperity Through Deregulation,'' (Mar. 26, 2025).
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An E.O. 14192 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero.'' This
rulemaking is expected to have total costs less than zero because it
will result in a more streamlined and easy-to-read CFR, and therefore
is
[[Page 7858]]
considered an E.O. 14192 deregulatory action.
C. Congressional Review Act
This rule is not a major rule as defined under the Congressional
Review Act (5 U.S.C. 801-808).'' \4\
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\4\ A major rule means any rule that OMB finds has resulted in
or is likely to result in (a) an annual effect on the economy of
$100 million or more; (b) a major increase in costs or prices for
consumers, individual industries, geographic regions, Federal,
State, or local government agencies; or (c) significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export
markets (5 U.S.C. 804(2)).
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D. Regulatory Flexibility Act (Small Entities)
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\5\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term small entities means small
businesses and not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000 (5
U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the
impact of all regulations on small entities, and mandates that agencies
strive to lessen any adverse effects on these businesses.
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\5\ Public Law 104-121, 110 Stat. 857 (Mar. 29, 1996).
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No regulatory flexibility analysis is required, however, if the
head of an Agency or an appropriate designee certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. This final rule removes unnecessary and potentially
confusing regulatory text that is no longer impacting regulated
entities and would not impose costs or benefits. It may result in some
cost savings by reducing the amount of time necessary to become
familiar with the FMCSRs. FMCSA considers any realized cost savings to
be de minimis. Consequently, I certify that the final action will not
have a significant economic impact on a substantial number of small
entities.
E. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857),
FMCSA wants to assist small entities in understanding this final rule
so they can better evaluate its effects on themselves and participate
in the rulemaking initiative. If this 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.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. The Act addresses actions that may result in the
expenditure by a State, local, or Tribal government, in the aggregate,
or by the private sector of $206 million (which is the value equivalent
of $100 million in 1995, adjusted for inflation to 2024 levels) or more
in any 1 year. Because this final rule will not result in such an
expenditure, a written statement is not required.
G. Paperwork Reduction Act
This final rule contains no new information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
H. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 (64 FR 43255 (Aug. 10, 1999)) 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 final 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 final rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Impact Statement.
I. 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. This final rule will not require the collection
of personally identifiable information.
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\6\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
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The Privacy Act of 1974 \7\ (5 U.S.C. 552a) applies only to Federal
agencies and any non-Federal agency that receives records contained in
a system of records from a Federal agency for use in a matching
program.
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\7\ Public Law 93-579, 88 Stat. 1896 (Dec. 31, 1974), as
amended.
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The E-Government Act of 2002,\8\ requires Federal agencies to
conduct a Privacy Impact Assessment (PIA) for new or substantially
changed technology that collects, maintains, or disseminates
information in an identifiable form. No new or substantially changed
technology will collect, maintain, or disseminate information as a
result of this final rule. Accordingly, FMCSA has not conducted a PIA.
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\8\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
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In addition, the Agency submitted a Privacy Threshold Assessment
(PTA) to evaluate the risks and effects this rulemaking might have on
collecting, storing, and sharing personally identifiable information.
The PTA was adjudicated by DOT's Chief Privacy Officer on Sept. 4,
2025.
J. E.O. 13175 (Indian Tribal Governments)
This rulemaking does not have Tribal implications under E.O. 13175
(65 FR 67249 (Nov. 9, 2000)), Consultation and Coordination with Indian
Tribal Governments, because it does not have a substantial direct
effect on one or more Indian Tribes, on the relationship between the
Federal Government and Indian Tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian Tribes.
K. National Environmental Policy Act of 1969
FMCSA analyzed this final rule pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The Agency
believes this final rule will not have a reasonably foreseeable
significant effect on the quality of the
[[Page 7859]]
human environment. This action falls under a published categorical
exclusion and is therefore excluded from further analysis and
documentation in an environmental assessment or environmental impact
statement under DOT Order 5610.1D,\9\ Subpart B, Subsection (e).
Specifically, paragraphs (e)(6)(e), (e)(6)(q), (e)(6)(u), and
(e)(6)(bb), which cover regulations pertaining to applications for
operating authority and certificates of registration, records
preservation, rules of practice for administrative proceedings, and
vehicle operation safety standards, respectively.
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\9\ Available at <a href="https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts">https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts</a>.
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List of Subjects
48 CFR Part 365
Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Maritime carriers, Mexico, Motor carriers, Moving of
household goods.
49 CFR Part 370
Freight forwarders, Investigations, Motor carriers.
49 CFR Part 379
Freight forwarders, Maritime carriers, Motor carriers, Moving of
household goods, Reporting and recordkeeping requirements.
49 CFR Part 386
Administrative practice and procedure, Brokers, Freight forwarders,
Hazardous materials transportation, Highway safety, Highway and roads,
Motor carriers, Motor vehicle safety, Penalties.
49 CFR Part 390
Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.
Accordingly, FMCSA amends 49 CFR parts 365, 370, 379, 386, and 390
to read as follows:
PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
0
1. The authority citation for part 365 continues to read as follows:
Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-
13906, 13908, 14708, 31133, 31138, and 31144; 49 CFR 1.87.
0
2. Amend section 365.107T by revising paragraph (f) to read as follows:
Sec. 365.107T Types of applications.
* * * * *
(f) Temporary authority (TA) for motor carriers. These applications
require a finding that there is or soon will be an immediate
transportation need that cannot be met by existing carrier service.
* * * * *
PART 370--PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND
VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING
SALVAGE
0
3. The authority citation for part 370 continues to read as follows:
Authority: 49 U.S.C. 13301 and 14706; and 49 CFR 1.87.
Sec. 370.1 [Amended]
0
4. Amend section 370.1 by removing the words ``, water carrier,''.
PART 379--PRESERVATION OF RECORDS
0
5. The authority citation for part 379 continues to read as follows:
Authority: 49 U.S.C. 13301, 14122 and 14123; and 49 CFR 1.87.
Sec. 379.1 [Amended]
0
6. Amend section 379.1 by:
0
a. Adding the word ``and'' to the end of paragraph (a)(1);
0
b. Removing paragraph (a)(2); and
0
c. Redesignating paragraph (a)(3) as paragraph (a)(2).
PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS
0
7. The authority citation for part 386 continues to read as follows:
Authority: 28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note,
31306a; 49 U.S.C. chapters 5, 51, 131-141, 145-149, 311, 313, and
315; and 49 CFR 1.81, 1.87.
0
8. Amend Appendix B to Part 386 by revising paragraph (g)(17) to read
as follows:
Appendix B to Part 386
* * * * *
(g) * * *
(17) A motor carrier, freight forwarder, or broker, or their
officer, receiver, trustee, lessee, employee, or other person
authorized to receive information from them, who discloses
information identified in 49 U.S.C. 14908 without the permission of
the shipper or consignee is liable for a maximum penalty of $4,109.
* * * * *
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
9. 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
10. In appendix A to part 390, under section III. Specific Example
Scenarios, revise ``Hotel Related Passenger Transportation'' to read as
follows:
Appendix A to Part 390--Applicability of the Registration, Financial
Responsibility, and Safety Regulations to Motor Carriers of Passengers
* * * * *
III. Specific Example Scenarios
* * * * *
Hotel Related Passenger Transportation
* * * * *
Guidance: This scenario describes for-hire transportation by a
CMV as a part of continuous interstate movement, though some
exemptions apply. Though the safety regulations apply to
transportation in a CMV within a single State if the transportation
is a continuation of interstate transportation, the hotel's van
operation is eligible for the limited exception to safety regulation
applicability in sections 390.3T(f)(6) and 390.3(f)(6) based on the
size of the vehicle and how compensation is received. The hotel's
van is designed and used to transport nine to 15 passengers
(including the driver), and payment for transportation is not
received directly. If the hotel complies with the applicable
provisions listed in sections 390.3T(f)(6) and 390.3(f)(6), then
this passenger transportation is compliant with the safety
regulations contained in 49 CFR parts 350 through 399. Because the
vehicle is a CMV under section 390.5 and the limited exception does
not exempt the hotel from USDOT registration requirements, the hotel
must register by following the procedures in 49 CFR part 390 subpart
E. The hotel's 15-passenger van is not a CMV under section 383.5,
therefore drivers of these vehicles are not required to have CDLs
and are not subject to the drug and alcohol testing regulations in
49 CFR part 382.
Operating authority registration under 49 CFR part 365, subpart
A, however, is not required. The hotel is providing service subject
to the exemption in 49 U.S.C. 13506(a)(8)(A) and 372.117(a). The
hotel's
[[Page 7860]]
shuttle transportation of passengers is incidental to transportation
by aircraft, limited to the transportation of passengers who have
had an immediately prior or will have an immediately subsequent
movement by air, and confined to a zone encompassed by a 25-mile
radius of the boundary of the airport at which the passengers arrive
or depart. The hotel does not meet the exemption requirements of 49
U.S.C. 13506(a)(3) for a motor vehicle owned or operated by or for a
hotel and only transporting hotel patrons between the hotel and the
``local station of a carrier.'' The definition of carrier within
this exemption includes motor carrier and freight forwarder, but
does not include air carrier. 49 U.S.C. 13102(3). However, the hotel
only needs to meet the requirements of one exemption to not be
subject to operating authority registration.
The hotel is providing indirectly compensated, for-hire
transportation of passengers in interstate commerce in a vehicle
with a seating capacity of 15 and is required under sections 387.33T
and 387.33 to maintain $1.5 million of financial responsibility.
* * * * *
Issued under authority delegated in 49 CFR 1.87.
Derek Barrs,
Administrator.
[FR Doc. 2026-03266 Filed 2-18-26; 8:45 am]
BILLING CODE 4910-EX-P
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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.