Technical, Organizational, and Conforming Amendments to the Federal Motor Carrier Safety Regulations |
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Anne S. Ferro
Federal Motor Carrier Safety Administration
October 1, 2012
[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59818-59829]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23758]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 303, 325, 350, 355, 356, 360, 365, 366, 367, 368, 369,
370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382,
383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 395, 396,
397, 398, and 399, and Appendices B and G of Subchapter B of
Chapter III
[Docket No. FMCSA-2012-0274]
RIN 2126-AB54
Technical, Organizational, and Conforming Amendments to the
Federal Motor Carrier Safety Regulations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule.
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SUMMARY: This final rule makes technical corrections throughout title
49 CFR subtitle B, chapter III. The Agency is making minor editorial
changes to add revised delegations of authority from the Secretary of
Transportation (Secretary), correct errors and omissions, and improve
clarity. This rule does not make any substantive changes to the
affected parts of the Federal Motor Carrier Safety Regulations
(FMCSRs).
DATES: Effective October 1, 2012. The incorporation by reference of a
certain publication listed in the rule is approved by the Director of
the Federal Register as of October 1, 2012.
FOR FURTHER INFORMATION CONTACT: Andrea Manka or Elaine Walls, Federal
Motor Carrier Safety Administration, Office of the Chief Counsel,
Regulatory Affairs Division, 1200 New Jersey Avenue SE., Washington, DC
20590-0001, by telephone, for Ms. Manka at (202) 366-0975 or via email
at andrea.manka@dot.gov; and for Ms. Walls at (202) 366-1394 or via
email at elaine.walls@dot.gov. Office hours are from 9 a.m. to 5 p.m.
e.t., Monday through Friday, except Federal holidays. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
I. Legal Basis for the Rulemaking
Congress delegated certain powers to regulate interstate commerce
to the United States Department of Transportation (DOT) in numerous
pieces of legislation, most notably in section 6 of the Department of
Transportation Act (DOT Act) (Pub. L. 85-670, 80 Stat. 931 (1966)).
Section 55 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.
See 49 U.S.C. 104. This authority, first granted to the ICC in the
Motor Carrier Act of 1935 (Pub. L. 74-255, 49 Stat. 543, Aug. 9, 1935),
now appears in chapter 315 of title 49 of the U.S. Code. The
regulations issued under this authority became known as the FMCSRs,
appearing generally at 49 CFR parts 350-399. The administrative powers
to enforce chapter 315 were also transferred from the ICC to the DOT in
1966 and appear in chapter 5 of title 49 of the U.S. Code. The
Secretary of DOT delegated oversight of these provisions to the Federal
Highway Administration (FHWA), a predecessor agency of FMCSA.
Between 1984 and 1999, a number of statutes added to FHWA's
authority. Various statutes authorize the enforcement of the FMCSRs,
the Hazardous Materials Regulations (HMRs), and the Commercial
Regulations, and provide both civil and criminal penalties for
violations. These statutes include the Motor Carrier Safety Act of 1984
(Pub. L. 98-554, 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, 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; and 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.
The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L.
106-159, 113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new
operating administration within the DOT, effective January 1, 2000. The
motor carrier safety staff and responsibilities previously assigned to
FHWA are now assigned to FMCSA. Congress expanded, modified, and
amended FMCSA's authority in the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT) 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), and the Moving Ahead for Progress in the 21st Century Act (MAP-
21) (Pub. L. 112-141, July 6, 2012).
Most of the provisions of the FMCSRs amended by this rule are based
on the statutes detailed above. The legal authority for each of those
provisions was explained when the requirement was originally adopted
and is summarized at the beginning of each part in title 49 of the Code
of Federal Regulations (CFR). No further analysis is required here.
Title 49 CFR subtitle B, chapter III, contains all of the FMCSRs.
On August 17, 2012, the Secretary issued a final rule (77 FR 49964)
to update the CFR sections that set forth the organizational structure
of the Department and delegations of authority from the Secretary to
other modal administrations--including the FMCSA. Because the Secretary
revised part 1 of subtitle A of title 49, CFR, by moving FMCSA
delegations from 49 CFR 1.73 to 49 CFR 1.87, FMCSA must also revise all
of its delegations of authority citations in chapter III of subtitle B
of title 49, CFR, to accommodate this change.
The Administrative Procedure Act (APA) (5 U.S.C. 553) specifically
provides that exceptions to its notice and public comment rulemaking
procedures are not required where the Agency finds there is good cause
(and incorporates the finding and a brief statement of reasons therefor
in the rules issued) to dispense with them. Generally, good cause
exists where the Agency determines that notice and public procedures
are impractical, unnecessary, or contrary to the public interest. (see
5 U.S.C. 553(b). The amendments made in this final rule merely correct
inadvertent errors and omissions, remove obsolete references, and make
minor editorial changes to improve clarity and consistency. The
technical amendments do not impose any new requirements, nor do they
make any substantive changes to the CFR. For these reasons, the FMCSA
finds good cause that notice and public
[[Page 59819]]
comment are unnecessary. Further, the Agency finds good cause under 5
U.S.C. 553(b)(B) and 553(d)(3) to make the amendments effective upon
publication.
II. Background
This document makes editorial changes to correct inaccurate
references and citations, improve clarity, and fix errors. The reasons
for each of these minor editorial changes are set out below, in a
section-by-section description of the changes. These amendments do not
impose any new requirements, nor do they make substantive changes to
the CFR. Notice and comment are unnecessary. See 5 U.S.C. 553(b).
III. Section-by-Section Analysis
The changes throughout chapter III of title 49 CFR are occasioned
by DOT's reorganizing its rules governing delegations of authority in
49 CFR chapter 1. Each of the revised authority citations is set out in
the regulatory text, below, but will not be addressed separately in
this section-by-section analysis.
Section 350.105. The definition for ``Border Activity Funds'' is
removed from this section, as SAFETEA-LU mandated that these funds be
removed from the Motor Carrier Safety Assistance Program (MCSAP) as
ineligible for use in a border region.
Section 350.205(a). The phrase ``Motor Carrier'' is removed from
this paragraph and the phrase ``Division Administrator/'' is inserted
in front of ``State Director.'' The head of each FMCSA State office is
the Division Administrator. The Agency, however, has one remaining
State Director, in the Puerto Rico Division.
Section 350.213(o). This paragraph is removed because the Agency no
longer uses the MCSAP-1 form, and the following paragraph designations
are changed accordingly.
Section 350.313(b). This paragraph is removed because the provision
does not correctly state how grant funding can be provided. The Agency
actually provides Motor Carrier Safety Assistance Program (MCSAP) grant
funding for reimbursable items in paragraphs (a)(1) and (a)(2) of this
section.
Section 350.327(f). This paragraph is removed, as all States
participating in MCSAP also participate in SAFETYNET (a cooperative
effort to share motor carrier safety information among States and
FMCSA) and their data are uploaded electronically into FMCSA databases
that can be accessed by FMCSA to determine each State's status in
meeting the eligibility requirements. A separate certification
requirement is, therefore, redundant and no longer necessary.
Section 350.329. The phrase ``or Border Activity'' is removed from
the heading, as Border Activity Enforcement Grants are not an eligible
use under MCSAP.
Section 350.331(b). The phrase ``Motor Carrier'' is removed from
this paragraph and the phrase ``Division Administrator/'' is inserted
in front of ``State Director.'' The head of each FMCSA State office is
the Division Administrator. The Agency, however, has one remaining
State Director, in the Puerto Rico Division.
Section 350.335(e). Paragraph (e) is amended by removing the words
``Research and Special Programs Administration'' and adding, in their
place, the words ``Pipeline and Hazardous Materials Safety
Administration.'' This change is required to reflect the current name
of the agency with the statutory authority to regulate the
transportation of hazardous materials.
Section 375.103. This section is amended to provide a more up-to-
date definition for the word ``Advertisement.''
Section 375.209(b). The paragraph is amended to reflect that there
are three, not four, elements that must be included in a household
goods motor carrier's procedure for handling complaints and inquiries.
Part 379 Appendix A. Appendix A to Part 379 is amended to remove
references to ``water carriage'', which is outside of FMCSA's
authority.
Section 382.107. Under the definition of ``commercial motor
vehicle,'' the phrase ``or gross combination weight'' is added in
paragraph (1) following the phrase ``gross combination weight rating''.
The phrase ``whichever is greater'' is added after the parenthetical
``(26,001 pounds or more)''. In paragraph (2); the phrase ``or gross
vehicle weight'' is added after the phrase ``gross vehicle weight
rating'', and the phrase ``whichever is greater'' is inserted following
the parenthetical ``(26,001 or more pounds).'' These changes are
intended to make the definition consistent with the definition of
commercial motor vehicle in 49 U.S.C. 31301(4) and 49 CFR 383.5.
Section 383.51. In paragraph (b), the phrase ``required to be
placarded under the Hazardous Materials Regulations (49 CFR part 172,
subpart F)'' in the 4th column header in Table 1 is replaced with ``as
defined in Sec. 383.5'' to cover the expanded definition of
``hazardous materials'', contained in the USA PATRIOT Act, which now
includes select agents and toxins under 42 CFR part 73. In paragraph
(c)(1), the phrase ``regulated or'' is inserted before ``posted'' in
the first column because the current description in the table does not
reflect the regulatory language. In paragraphs (b)(7), (c)(6), (c)(7),
and (c)(8), the phrase ``CLP or'' is inserted before the abbreviation
``CDL'' to conform the column headers in Tables 1 and 2 to Sec.
383.51. In paragraph (c)(9), the phrase ``a CMV'' is inserted after the
word ``driving'' to conform to the wording in Sec. 383.51(c)(10) and
clarify that disqualification does not occur unless the offense is
committed in a commercial motor vehicle (CMV).
In paragraph (e)(2), Table 4, the phrase ``required to be placarded
under part 172 subpart F of this title'' is replaced with ``as defined
in Sec. 383.5'' to reflect the expanded definition of ``hazardous
materials'' in the USA PATRIOT Act, which now includes select agents
and toxins under 42 CFR part 73.
Section 383.71. Paragraph (b)(1)(i) is removed because it is now
obsolete, and paragraph (b)(1)(ii) is redesignated as paragraph (b)(1).
In paragraph (h)(2), the reference to Sec. 383.73(j)(4) is changed to
Sec. 383.73(o)(4) to correct an inadvertent error in the Commercial
Driver's License Testing and Commercial Learner's Permit Standards
final rule (77 FR 26989; May 8, 2012).
Section 383.91(a)(3). The phrase ``materials found to be hazardous
for the purposes of the Hazardous Materials Transportation Act and
which require the motor vehicle to be placarded under the Hazardous
Materials Regulations (49 CFR part 172, subpart E)'' is replaced with
``hazardous materials as defined in Sec. 383.5'' to reflect the
expanded definition of ``hazardous materials'' in the USA PATRIOT Act,
which now includes select agents and toxins under 42 CFR part 73.
Section 383.141(a). The phrase ``Beginning on the date(s) listed in
49 CFR 1572.13(b)'' is removed because the dates in the referenced
paragraph have been removed.
Section 384.215(b). The phrase ``required to be placarded under the
Hazardous Materials Transportation Act (implementing regulations at 49
CFR 177.823)'' is replaced with ``as defined in Sec. 383.5'' to
reflect the expanded definition of ``hazardous materials'' in the USA
PATRIOT Act, which now includes select agents and toxins under 42 CFR
part 73.
Section 385.4. Section 385.4 is revised to conform with Office of
the Federal Register style. The address and telephone number for the
Commercial Vehicle Safety Alliance (CVSA) are
[[Page 59820]]
updated and a cross reference to Sec. 385.415(b)(1) is added.
Section 385.19(b). As authorized by sec. 32932 of MAP-21, both the
phrase ``Interstate Commerce Commission'' and the acronym designation
``(ICCMC)'' are deleted.
Section 385.403(d). Paragraph (d) is revised to reference ``A
`material poisonous by inhalation,' in `bulk packaging,' both as
defined in Sec. 171.8 of this title, that meets the criteria for
`hazard zone B,' as specified in Sec. 173.116(a) or Sec.
173.133(a)''. This change takes into account the quantities for solids
and gases contained in the ``Bulk Packaging'' definition.
Section 385.407(c). The reference to ``Research and Special
Programs Administration'' is replaced with ``Pipeline and Hazardous
Materials Safety Administration'' to reflect the name of the current
modal administration with the responsibility to protect people and the
environment from the risks inherent in the transportation of hazardous
materials by pipeline and other modes of transportation.
Section 385.415(b)(1). Pursuant to an approval by the Director of
the Office of the Federal Register, an incorporation by reference of
the old edition (January 1, 2004 version) of the ``North American
Standard Out-of-Service Criteria for Commercial Highway Vehicles
Transporting Transuranics and Highway Route Controlled Quantities of
Radioactive Materials as defined in 49 CFR Part 173.403'' is amended by
removing the edition date ``January 1, 2004'' and replacing it with the
new edition date of ``April 1, 2012''. The reference to materials
incorporated by reference and the address of the Commercial Vehicle
Safety Alliance are replaced with a reference to Sec. 385.4 that
reads: ``(See Sec. 385.4 for information on incorporation by reference
and availability of this document.)''.
Appendix B to Part 385. Section II is changed to add approximately
180 of the part 172 and part 173 violation to ASPEN \1\ and the Motor
Carrier Management Information System (MCMIS).\2\ This was done in
those instances where the Agency observes private carriers, because the
parts 172/173 violations are shipper/offeror related.
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\1\ Aspen is an application that collects all the commercial
driver/vehicle roadside inspection details. It utilizes several
other applications that pulls data from remote sources--ISS, PIQ,
CDLIS Access, and QC. It also includes communication features to
electronically transfer inspection details to SAFER and/or
SAFETYNET.
\2\ MCMIS is an information system that captures data from field
offices through SAFETYNET, CAPRI, and other sources. MCMIS utilizes
an Oracle database with a web front-end access. It is a source for
FMCSA inspection, crash, compliance review, safety audit, and
registration data.
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Section 386.5(f). This paragraph is revised by reversing the
references to Sec. 386.6 and Sec. 386.7 because Sec. 386.6 refers to
service and Sec. 386.7 refers to filing.
Section 386.82(a)(2). The current citation to ``Sec.
386.11(b)(3)'' is changed to ``Sec. 386.11(c)(3)'' because the
``notice to post'' provision, provided for in 49 U.S.C. 521(b)(3), is
contained in the latter paragraph.
Section 387.303. FMCSA amends Sec. 387.303 by restoring a
previously removed provision that established minimum public liability
limits of $300,000 for fleets that consist only of vehicles with Gross
Vehicle Weight Ratings (GVWRs) of under 10,000 pounds, except that
FMCSA revises 10,000 pounds to 10,001 pounds to be consistent with the
statutory definition of CMV. The Agency removed former 49 CFR
387.303(b)(1)(i) in 2007 because section 4120 of SAFETEA-LU removed
FMCSA's commercial jurisdiction over for-hire transportation of
property in motor vehicles that did not meet the definition of a CMV
under 49 U.S.C. 31132. However, the SAFETEA-LU Technical Corrections
Act of 2008 restored the Agency's commercial jurisdiction over for-hire
transportation of property in non-CMVs, so the Agency reinstates this
regulatory provision. This section is also revised to remove obsolete
references to effective dates in the table in Sec. 387.303(b)(2).
Section 390.21(b)(5). This paragraph is removed because the
referenced compliance provisions are now unnecessary since they have
all been satisfied.
Section 390.27. This section is revised to reflect the address
change resulting from the recent move of the Midwestern Service Center.
Also, because Texas is now included in the Western Service Center, note
2 has been revised to reflect that change.
Section 390.42(b). The reference to ``Sec. 396.11(a)(2)'' is
revised to read ``Sec. 396.11(b)(2)'' to correct a typographical
error.
Section 393.17(b). Paragraph (b) is changed to correct a
typographical error.
Section 393.52. The source note for this section is revised to
read, ``67 FR 51777'', rather than ``68 FR 51777'', to correct a
typographical error.
Section 393.77(b)(13). The reference to ``(c)(14)'' is replaced
with ``(b)(14)'' to correct an error.
Section 395.8(a)(1). The last sentence in the paragraph is deleted
to remove a reference to obsolete forms.
Section 396.11(b)(4). This paragraph is revised to delete the
phrase ``including the original driver report, the certification of
repairs on all intermodal equipment,'' and replacing it with the phrase
``including the original driver report and the certification of repairs
on all intermodal equipment,'' to correct a typographical error.
Section 397.5(d)(3). The word ``in'' is replaced with the word
``is'' to correct a typographical error.
Section 397.19(a)(3). The word ``contracted'' is replaced with the
word ``contacted'' to correct a typographical error.
Section 397.101. In paragraphs (b) [introductory text], (b)(2), and
(d), references to 49 CFR 173.403 are corrected to remove incorrect
paragraph references.
Section 398.5(d). A space is inserted between the word ``means''
and the word ``shall'' in the fourth sentence to correct a
typographical error.
Appendix B to Subchapter B of Chapter III. In Appendix B,
references to ``49 CFR 1.73'' are changed to ``49 CFR 1.87'' to reflect
the recent reorganization of 49 CFR part 1 by the DOT.
Appendix G to Subchapter B of Chapter III. When the new brake
adjustment rule titled, ``Parts and Accessories Necessary for Safe
Operation; Brakes; Adjustment Limits'' was published on August 6, 2012
(77 FR 46633, at 46640), the final sentence of paragraph 1(a)(5) that
reads ``Wedge Brake Data--Movement of the scribe mark on the lining
shall not exceed \1/16\ inch.'' was inadvertently moved from the new
section 1.a(5) and currently is set forth by itself below a set of
tables. This change relocates the one-sentence provision to the final
sentence in paragraph 1.a(5), thus ensuring its visibility.
IV. Rulemaking Analyses
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
FMCSA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866, as
supplemented by Executive Order 13563 (76 FR 3821, January 18, 2011),
or within the meaning of the DOT regulatory policies and procedures (44
FR 1103, February 26, 1979). The Office of Management and Budget (OMB)
did not review this document. We expect the final rule will have
minimal costs; therefore, a full regulatory evaluation is unnecessary.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
601-
[[Page 59821]]
612), FMCSA has evaluated the effects of this rule on small entities.
Because the rule only makes minor editorial corrections and places no
new requirements on the regulated industry, FMCSA certifies that this
action will not have a significant economic impact on a substantial
number of small entities.
Unfunded Mandates Reform Act
The final rule will not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et
seq.), that will result in the expenditure by State, local and tribal
governments, in the aggregate, or by the private sector, of $140.8
million (which is the value of $100 million in 2009 after adjusting for
inflation) or more in any 1 year.
E.O. 13132 (Federalism)
This rulemaking would not preempt or modify any provision of State
law, impose substantial direct unreimbursed compliance costs on any
State, or diminish the power of any State to enforce its own laws.
Accordingly, this rulemaking does not have Federalism implications
warranting the application of E.O. 13132.
E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
rule.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would 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.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. FMCSA determined that
no new information collection requirements are associated with this
final rule.
National Environmental Policy Act
FMCSA analyzed this final rule for the purpose of ascertaining the
applicability of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and determined under our Environmental Procedures
Order 5610.1, issued March 1, 2004 (69 FR 9680), that this action would
not have any effect on the quality of the environment. Therefore, this
final rule is categorically excluded from further analysis and
documentation under the Categorical Exclusion (CE) in paragraph 6(b) of
Appendix 2 of FMCSA Order 5610.1. This CE addresses minor editorial
corrections such as found in this rulemaking; therefore preparation of
an environmental assessment or environmental impact statement is not
necessary.
The FMCSA also analyzed this rule under the Clean Air Act, as
amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and
implementing regulations promulgated by the Environmental Protection
Agency. Approval of this action is exempt from the CAA's general
conformity requirement since it will have no effect on the environment.
E.O. 12898 (Environmental Justice)
This technical amendment final rule is not subject to Executive
Order 12898 (59 FR 7629, February 16, 1994). Executive Order 12898
establishes Federal executive policy on environmental justice. Its main
provision directs Federal agencies, to make environmental justice part
of their mission by identifying and addressing, as appropriate
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States. FMCSA
determined that this rule will not have disproportionately high and
adverse human health or environmental effects on minority or low-income
populations because it does not change the substance of any of the
FMCSRs.
E.O. 13211 (Energy Effects)
FMCSA has analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that it is not a
``significant energy action'' under that Executive Order because it is
not a ``significant regulatory action'' under Executive Order 12866 and
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. Therefore, no Statement of Energy
Effects is required.
E.O. 13045 (Protection of Children)
Executive Order 13045, Protection of Children from Environmental
Health Risks and Safety Risks (62 FR 19885, Apr. 23, 1997), requires
agencies issuing ``economically significant'' rules, if the regulation
also concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. As discussed previously, this rule is not economically
significant. Therefore, no analysis of the impacts on children is
required.
E.O. 12988 (Civil Justice Reform)
This action meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
E.O. 12630 (Taking of Private Property)
This rule will not affect a taking of private property or otherwise
have taking implications under E.O. 12630, Governmental Actions and
Interference with Constitutionally Protected Property Rights.
National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) requires Federal agencies proposing to adopt technical standards
to consider whether voluntary consensus standards are available. If the
Agency chooses to adopt its own standards in place of existing
voluntary consensus standards, it must explain its decision in a
separate statement to OMB. Because FMCSA does not intend to adopt
technical standards, there is no need to submit a separate statement to
OMB on this matter.
Privacy Impact Assessment
Section 522(a)(5) of the Transportation, Treasury, Independent
Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108-
447, Division H, Title I, 118 Stat. 2809 at 3268, Dec. 8, 2004)
requires DOT and certain other Federal agencies to conduct a privacy
impact assessment of each rule that will affect the privacy of
individuals. Because this final rule will not affect the privacy of
individuals, FMCSA did not conduct a separate privacy impact
assessment.
List of Subjects
49 CFR Part 303
Civil rights procedures and practices.
49 CFR Part 325
Motor carriers, Noise control.
49 CFR Part 350
Grant programs--transportation, Highway safety, Motor carriers,
Motor
[[Page 59822]]
vehicle safety, Reporting and recordkeeping requirements.
49 CFR Part 355
Highway safety, Intergovernmental relations, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.
49 CFR Part 356
Administrative practice and procedure, Freight forwarders, Highways
and roads, Motor carriers.
49 CFR Part 360
Administrative practice and procedure, Insurance, Motor carriers.
49 CFR Part 365
Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Maritime carriers, Mexico, Motor carriers, Moving of
household goods.
49 CFR Part 366
Brokers, Motor carriers.
49 CFR Part 367
Insurance, Intergovernmental relations, Motor carriers, Surety
bonds.
49 CFR Part 368
Administrative practice and procedure, Mexico, Motor carriers.
49 CFR Part 369
Reporting and recordkeeping requirements.
49 CFR Part 370
Freight forwarders, Investigations, Motor carriers.
49 CFR Part 371
Brokers, Motor carriers, Reporting and recordkeeping requirements.
49 CFR Part 372
Agricultural commodities, Buses, Cooperatives, Freight forwarders,
Motor carriers, Moving of household goods, Seafood.
49 CFR Part 373
Buses, Freight, Freight forwarders, Motor carriers, Moving of
household goods.
49 CFR Part 374
Aged, Blind, Buses, Civil rights, Freight, Individuals with
disabilities, Motor carriers, Smoking.
49 CFR Part 375
Advertising, Consumer protection, Freight, Highways and roads,
Insurance, Motor carriers, Moving of household goods, Reporting and
recordkeeping requirements.
49 CFR Part 376
Motor carriers, Reporting and recordkeeping requirements.
49 CFR Part 377
Credit, Freight forwarders, Maritime carriers, Motor carriers.
Moving of household goods.
49 CFR Part 378
Freight forwarders, Investigations, Motor carriers, Moving of
household goods.
49 CFR Part 379
Freight forwarders, Maritime carriers, Motor carriers, Moving of
household goods, 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 Part 382
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.
49 CFR Part 383
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety and motor carriers.
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,
Incorporation by reference. Mexico, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.
49 CFR Part 386
Administrative practice and procedure, Brokers, Freight forwarders,
Hazardous materials transportation, Highway safety, Motor carriers,
Motor vehicle safety, Penalties.
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 388
Highway safety, Intergovernmental relations, Motor carriers, Motor
vehicle safety.
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 392
Alcohol abuse, Drug abuse, Highway safety, Motor carriers.
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 396
Highway safety, Motor carriers, Motor vehicle safety, Reporting and
recordkeeping requirements.
49 CFR Part 397
Administrative practice and procedure, Highway safety,
Intergovernmental relations, Motor carriers, Parking, Radioactive
materials, Reporting and recordkeeping requirements, Tires.
49 CFR Part 398
Highway safety, Migrant labor, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.
49 CFR Part 399
Motor carriers; Motor vehicle safety; Occupational safety and
health.
In consideration of the foregoing, FMCSA is amending 49 CFR chapter
III, parts 303, 325, 350, 355, 356, 360, 365, 366, 367, 368, 369, 370,
371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384,
385, 386, 387, 388, 389, 390, 391, 392, 393, 395, 396, 397, 398, and
399; and appendices B and G to subchapter B, as set forth below:
PART 303--CIVIL RIGHTS
0
1. The authority citation for part 303 is revised to read as follows:
[[Page 59823]]
Authority: Public Law 105-159, 113 Stat. 1748, Title I, sections
107(a) and 106 (Dec. 9, 1999) (49 U.S.C. 113); 42 U.S.C. 2000d, et
seq.; and 49 CFR 1.87.
PART 325--COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION
STANDARDS
0
2. The authority citation for part 325 is revised to read as follows:
Authority: 42 U.S.C. 4917; 49 U.S.C. 301; 49 CFR 1.87.
PART 350--COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM
0
3. The authority citation for part 350 is revised to read as follows:
Authority: 49 U.S.C. 13902, 31101-31104, 31108, 31136, 31140-
31141, 31161, 31310-31311, 31502; and 49 CFR 1.87.
Sec. 350.105 [Amended]
0
4. Amend Sec. 350.105 by removing the definition for ``Border Activity
Funds.''
Sec. 350.205 [Amended]
0
5. Amend Sec. 350.205(a) by removing the words ``Motor Carrier'' and
adding, in their place, the words ``Division Administrator/''.
Sec. 350.213 [Amended]
0
6. Amend Sec. 350.213 by removing paragraph (o) and redesignating
paragraphs (p), (q), and (r) as paragraphs (o), (p), and (q),
respectively.
Sec. 350.313 [Amended]
0
7. Amend Sec. 350.313 by removing paragraph (b) and redesignating
paragraphs (c) and (d) as paragraphs (b) and (c), respectively.
Sec. 350.327 [Amended]
0
8. Remove Sec. 350.327(f).
0
9. Revise the heading of Sec. 350.329 to read as follows:
Sec. 350.329 How may a State or local agency qualify for High
Priority Funds?
* * * * *
Sec. 350.331 [Amended]
0
10. Amend Sec. 350.331(b) by removing the words ``Motor Carrier'' and
adding, in their place, the words ``Division Administrator/''.
Sec. 350.335 [Amended]
0
11. Amend Sec. 350.335(e) by removing the words ``Research and Special
Programs Administration'' and adding, in their place, the words
``Pipeline and Hazardous Materials Safety Administration''.
PART 355--COMPATIBILITY OF STATE LAWS AND REGULATIONS AFFECTING
INTERSTATE MOTOR CARRIER OPERATIONS
0
12. The authority citation for part 355 is revised to read as follows:
Authority: 49 U.S.C. 504 and 31101 et seq.; 49 CFR 1.87.
PART 356--MOTOR CARRIER ROUTING REGULATIONS
0
13. The authority citation for part 356 is revised to read as follows:
Authority: 5 U.S.C. 553; 49 U.S.C. 13301 and 13902; and 49 CFR
1.87.
PART 360--FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE
0
14. The authority citation for part 360 is revised to read as follows:
Authority: 31 U.S.C. 9701; 49 U.S.C. 13908(c) and 14504(c)(2);
and 49 CFR 1.87.
PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
0
15. The authority citation for part 365 is revised to read as follows:
Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-
13906, 14708, 31138, and 31144; 49 CFR 1.87.
PART 366--DESIGNATION OF PROCESS AGENT
16. The authority citation for part 366 is revised to read as
follows:
Authority: 49 U.S.C. 13303, 13304, and 14704; and 49 CFR 1.87.
PART 367--STANDARDS FOR REGISTRATION WITH STATES
0
17. The authority citation for part 367 is revised to read as follows:
Authority: 49 U.S.C. 13301, 14504a; and 49 CFR 1.87.
PART 368--APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE
IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO
INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH
MUNICIPALITIES
0
18. The authority citation for part 368 is revised to read as follows:
Authority: 49 U.S.C. 13301 and 13902; Pub. L. 106-159, 113 Stat.
1748; and 49 CFR 1.87.
PART 369--REPORTS OF MOTOR CARRIERS
0
19. The authority citation for part 369 is revised to read as follows:
Authority: 49 U.S.C. 14123; 49 CFR 1.87.
PART 370--PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND
VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING
SALVAGE
0
20. The authority citation for part 370 is revised to read as follows:
Authority: 49 U.S.C. 13301 and 14706; and 49 CFR 1.87.
PART 371--BROKERS OF PROPERTY
0
21. The authority citation for part 371 is revised 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.
PART 372--EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS
0
22. The authority citation for part 372 is revised to read as follows:
Authority: 49 U.S.C. 13504 and 13506; and 49 CFR 1.87.
PART 373--RECEIPTS AND BILLS
0
23. The authority citation for part 373 is revised to read as follows:
Authority: 49 U.S.C. 13301, 13531 and 14706; and 49 CFR 1.87.
PART 374--PASSENGER CARRIER REGULATIONS
0
24. The authority citation for part 374 is revised to read as follows:
Authority: 49 U.S.C. 13301 and 14101; and 49 CFR 1.87.
PART 375--TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE;
CONSUMER PROTECTION REGULATIONS
0
25. The authority citation for part 375 is revised to read as follows:
Authority: 49 U.S.C. 13102, 13301, 13501, 13704, 13707, 13902,
14104, 14706, 14708; subtitle B, title IV of Pub. L. 109-59; and 49
CFR 1.87.
0
26. Amend Sec. 375.103 by revising the definition for
``Advertisement'' to read as follows:
Sec. 375.103 What are the definitions of terms used in this part?
* * * * *
Advertisement means any communication to the public in
[[Page 59824]]
connection with an offer or sale of any interstate household goods
transportation service. This includes written or electronic database
listings of your name, address, and telephone number in an on-line
database or displayed on an Internet web site. This excludes listings
of your name, address, and telephone number in a telephone directory or
similar publication. However, Yellow Pages advertising is included in
the definition.
* * * * *
Sec. 375.209 [Amended]
0
27. Amend Sec. 375.209(b) introductory text by removing the word
``four'' and replacing it with ``three''.
0
28. Amend Appendix A to Part 375 by revising the authority, which is
the third phrase under the heading, to read as follows:
Appendix A to Part 375--Your Rights and Responsibilities When You Move
* * * * *
Authority: 49 U.S.C. 13301, 13704, 13707, and 14104; 49 CFR
1.87.
* * * * *
PART 376--LEASE AND INTERCHANGE OF VEHICLES
0
29. The authority citation for part 376 is revised to read as follows:
Authority: 49 U.S.C. 13301 and 14102; and 49 CFR 1.87.
PART 377--PAYMENT OF TRANSPORTATION CHARGES
0
30. The authority citation for part 377 is revised to read as follows:
Authority: 49 U.S.C. 13101, 13301, 13701, 13702, 13706, 13707,
and 14101; and 49 CFR 1.87.
PART 378--PROCEDURES GOVERNING THE PROCESSING, INVESTIGATION, AND
DISPOSITION OF OVERCHARGE, DUPLICATE PAYMENT, OR OVERCOLLECTION
CLAIMS
0
31. The authority citation for part 378 is revised to read as follows:
Authority: 49 U.S.C. 13321, 14101, 14704 and 14705; and 49 CFR
1.87.
PART 379--PRESERVATION OF RECORDS
0
32. The authority citation for part 379 is revised to read as follows:
Authority: 49 U.S.C. 13301, 14122 and 14123; and 49 CFR 1.87.
0
33. Amend Appendix A to Part 379 as follows:
0
a. In the section under centerhead ``A. Corporate and General,'' revise
number 3;
0
b. In the section under centerhead ``I. Shipping and Agency
Documents,'' revise number 5;
0
c. Revise the section under the centerhead ``J. Transportation;''
0
d. In the section under the centerhead ``K. Supporting Data for Reports
and Statistics,'' revise number 2.
Appendix A to Part 379--Schedule of Records and Periods of Retention
----------------------------------------------------------------------------------------------------------------
Item and category of records Retention period
----------------------------------------------------------------------------------------------------------------
A. Corporate and General
----------------------------------------------------------------------------------------------------------------
* * * * * * *
3. Titles, franchises and authorities:
(a) Certificates of public convenience and necessity issued by Until expiration or cancellation.
regulating bodies.
(b) Operating authorizations and exemptions to operate......... Until expiration or cancellation.
(c) Copies of formal orders of regulatory bodies served upon Note A.
the company.
(d) Deeds, charters, and other title papers.................... Until disposition of property.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
I. Shipping and Agency Documents
----------------------------------------------------------------------------------------------------------------
* * * * * * *
5. Agency records:
(a) Cash books................................................. 1 year.
(b) Remittance records, bank deposit slips and supporting 1 year.
papers.
(c) Balance sheets and supporting papers....................... 1 year.
(d) Statements of corrections in agents' accounts.............. 1 year.
(e) Other records and reports pertaining to ticket sales, 1 year.
baggage handled, miscellaneous collections, refunds,
adjustments, etc..
----------------------------------------------------------------------------------------------------------------
J. Transportation
----------------------------------------------------------------------------------------------------------------
1. Records pertaining to transportation of household goods:
(a) Estimate of charges........................................ 1 year.
(b) Order for service.......................................... 1 year.
(c) Vehicle load manifest...................................... 1 year.
(d) Descriptive inventory...................................... 1 year.
2. Dispatchers' sheets, registers, and other records pertaining to 3 years.
movement of transportation equipment.
3. Import and export records including bonded freight.............. 2 years.
4. Records, reports, orders and tickets pertaining to weighting of 3 years.
freight.
5. Records of loading and unloading of transportation equipment.... 2 years.
6. Records pertaining to the diversion or reconsignment of freight, 2 years.
including requests, tracers, and correspondence.
7. Other........................................................... Note A.
----------------------------------------------------------------------------------------------------------------
[[Page 59825]]
K. Supporting Data for Reports and Statistics
----------------------------------------------------------------------------------------------------------------
* * * * * * *
2. Supporting data for periodical reports of accidents, 6 months.
inspections, tests, hours of service, repairs, etc..
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 380--SPECIAL TRAINING REQUIREMENTS
0
34. The authority citation for part 380 is revised to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31307, and 31502; sec.
4007(a) and (b) of Pub. L. 102-240 (105 Stat. 2151-2152); and 49 CFR
1.87.
PART 381--WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS
0
35. The authority citation for part 381 is revised to read as follows:
Authority: 49 U.S.C. 31136(e) and 31315; and 49 CFR 1.87.
PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING
0
36. The authority citation for part 382 is revised to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31301, et seq., 31502; and
49 CFR 1.87.
0
37. Amend Sec. 382.107 by revising the introductory text and
paragraphs (1) and (2) of the definition of ``commercial motor
vehicle'' to read as follows:
Sec. 382.107 Definitions.
* * * * *
Commercial motor vehicle means a motor vehicle or combination of
motor vehicles used in commerce to transport passengers or property if
the vehicle
(1) Has a gross combination weight rating or gross combination
weight of 11,794 kilograms or more (26,001 pounds or more), whichever
is greater, inclusive of a towed unit(s) with a gross vehicle weight
rating or gross vehicle weight of more than 4,536 kilograms (10,000
pounds), whichever is greater; or
(2) Has a gross vehicle weight rating or gross vehicle weight of
11,794 or more kilograms (26,001 or more pounds), whichever is greater;
or
* * * * *
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
0
38. The authority citation for part 383 is revised to read as follows:
Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502;
secs. 214 and 215, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec.
4140, Pub. L. 109-59, 119 Stat. 1144, 1746; and 49 CFR 1.87.
Sec. 383.51 [Amended]
0
39. Amend Sec. 383.51 as follows:
0
a. Amend paragraph (b), Table 1, by removing the words ``required to be
placarded under the Hazardous Materials Regulations (49 CFR part 172,
subpart F)'' in the fourth column header and adding, in their place,
the words ``as defined in Sec. 383.5''; and by adding the phrase ``CLP
or'' before the word ``CDL'' to paragraph (b)(7) in the first column.
0
b. Amend paragraph (c), Table 2, by adding the phrase ``regulated or''
before the word ``posted'' in paragraph (c)(1) in the first column; by
adding the phrase ``CLP or'' before the word ``CDL'' in paragraphs
(c)(6), (c)(7), and (c)(8) in the first column; and by adding the
phrase ``a CMV'' after the word ``driving'' in paragraph (c)(9) in the
first column;
0
c. Amend paragraph (e)(2), Table 4, by removing the words ``required to
be placarded under part 172, subpart F of this title'' in the first
column and adding, in their place, the words ``as defined in Sec.
383.5.''
Sec. 383.71 [Amended]
0
40. Amend Sec. 383.71 as follows:
0
a. Remove paragraph (b)(1)(i) and redesignate paragraph (b)(1)(ii) as
(b)(1). In redesignated paragraph (b)(1), further redesignate
paragraphs (A) through (D) as (b)(1)((i) through (iv).
0
b. In paragraph (h)(2), remove the citation to ``section 383.73(j)(4)''
and add, in its place, the citation ``Sec. 383.73(o)(4).''
Sec. 383.91 [Amended]
0
41. Amend Sec. 383.91(a)(3) by removing the words ``materials found to
be hazardous for the purposes of the Hazardous Materials Transportation
Act and which require the motor vehicle to be placarded under the
Hazardous Materials Regulations (49 CFR part 172, subpart F)'' and add,
in their place, the words ``hazardous materials as defined in Sec.
383.5''.
0
42. Revise Sec. 383.141(a) to read as follows:
Sec. 383.141 General
(a) Applicability. This section applies to State agencies
responsible for issuing hazardous materials endorsements for a CDL, and
applicants for such endorsements.
* * * * *
PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
0
43. The authority citation for part 384 is revised to read as follows:
Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs.
103 and 215, Pub. L. 106-159, 113 Stat. 1753, 1767; and 49 CFR 1.87.
Sec. 384.215 [Amended]
0
44. Amend Sec. 384.215(b) by removing the words ``required to be
placarded under the Hazardous Materials Transportation Act
(implementing regulations at 49 CFR 177.823)'' and adding, in their
place, the words ``as defined in Sec. 383.5''.
PART 385--SAFETY FITNESS PROCEDURES
0
45. The authority citation for part 385 is revised to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 13901-
13905, 31136, 31144, 31148, and 31502; Sec. 350, Pub. L. 107-87; and
49 CFR 1.87.
0
46. Revise Sec. 385.4 to read as follows:
Sec. 385.4 Matter incorporated by reference.
(a) Incorporation by reference. Certain material is incorporated by
reference into this part with the approval of the Director of the
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce
any edition other than that specified in this section, FMCSA must
publish notice of change in the Federal Register and the material must
be available to the public. All approved material is available for
inspection at
[[Page 59826]]
Federal Motor Carrier Safety Administration, Office of Enforcement and
Compliance (MC-EC), 1200 New Jersey Ave. SE., Washington, DC 20590-
0001; Attention: Mr. Thomas Kelly at 202-366-1812, and is available
from the sources listed below. It is also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) Commercial Vehicle Safety Alliance, 603 Ivy Lane, Suite 310,
Greenbelt, Maryland 20770-6319. Phone number (301) 830-6143
(1) ``North American Standard Out-of-Service Criteria and Level VI
Inspection Procedures and Out-of-Service Criteria for Commercial
Highway Vehicles Transporting Transuranics and Highway Route Controlled
Quantities of Radioactive Materials as defined in 49 CFR Part
173.403,'' April 1, 2012; approved for Sec. 385.415(b).
(2) [Reserved]
Sec. 385.19 [Amended]
0
47. Amend Sec. 385.19(b) by removing the acronym designation
``(ICCMC).''
0
48. Revise Sec. 385.403(d) to read as follows:
Sec. 385.403 Who must hold a safety permit?
* * * * *
(d) A ``material poisonous by inhalation,'' in a ``bulk
packaging,'' both as defined in Sec. 171.8 of this title, that meets
the criteria for ``hazard zone B,'' as specified in Sec. 173.116(a) or
Sec. 173.133(a);
* * * * *
0
49. Revise Sec. 385.407(c) to read as follows:
Sec. 385.407 What conditions must a motor carrier satisfy for FMCSA
to issue a safety permit?
* * * * *
(c) Registration with the Pipeline and Hazardous Materials Safety
Administration (PHMSA). The motor carrier must be registered with PHMSA
in accordance with part 107, subpart G of this title.
0
50. Revise Sec. 385.415(b)(1) to read as follows:
Sec. 385.415 What operational requirements apply to the
transportation of a hazardous material for which a permit is required?
* * * * *
(b)(1) Inspection of vehicle transporting Class 7 (radioactive)
materials. Before a motor carrier may transport a highway route
controlled quantity of a Class 7 (radioactive) material, the motor
carrier must have a pre-trip inspection performed on each motor vehicle
to be used to transport a highway route controlled quantity of a Class
7 (radioactive) material, in accordance with the requirements of the
``North American Standard Out-of-Service Criteria and Level VI
Inspection Procedures and Out-of-Service Criteria for Commercial
Highway Vehicles Transporting Transuranics and Highway Route Controlled
Quantities of Radioactive Materials as defined in 49 CFR Part
173.403'', (incorporated by reference, see Sec. 385.4).
* * * * *
0
51. Amend Appendix B to part 385 by revising section II.(f) to read as
follows:
Appendix B to Part 385--Explanation of Safety Rating Process
* * * * *
II. * * *
(f) The regulatory factors, evaluated on the basis of the
adequacy of the carrier's safety management controls, are: (1) Parts
172 and 173; (2) Parts 387 and 390; (3) Parts 382, 383, and 391; (4)
Parts 392 and 395; (5) Parts 393 and 396 when there are less than
three vehicle inspections in the last 12 months to evaluate; and (6)
Parts 397, 171, 177 and 180.
* * * * *
PART 386--RULES OF PRACTICE FOR MOTOR CARRIER, INTERMODAL EQUIPMENT
PROVIDER, BROKER, FREIGHT FORWARDER, AND HAZARDOUS MATERIALS
PROCEEDINGS
0
52. The authority citation for part 386 is revised to read as follows:
Authority: 49 U.S.C. 113, chapters 5, 51, 59, 131-141, 145-149,
311, 313, and 315; Sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49
U.S.C. 701 note); Sec. 217, Pub. L. 105-159, 113 Stat. 1748, 1767;
Sec. 206, Pub. L. 106-159, 113 Stat. 1763; subtitle B, title IV of
Pub. L. 109-59; and 49 CFR 1.81 and 1.87.
0
53. Amend Sec. 386.5(f) by revising the next to last sentence to read
as follows:
Sec. 386.5 Form of filings and extensions of time.
* * * * *
(f) * * * Motions for extensions of time must be filed in
accordance with Sec. 386.7 and served in accordance with Sec. 386.6.
* * *
Sec. 386.82 [Amended]
0
54. Amend Sec. 386.82(a)(2) by removing the citation to ``Sec.
386.11(b)(3)'' and adding, in its place, the citation ``Sec.
386.11(c)(3).''
PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS
0
55. The authority citation for part 387 is revised to read as follows:
Authority: 49 U.S.C. 13101, 13301, 13906, 14701, 31138, 31139,
and 31144; and 49 CFR 1.87.
0
56. Amend Sec. 387.303 by revising paragraphs (b)(1) and (b)(2) to
read as follows:
Sec. 387.303 Security for the protection of the public: Minimum
limits.
* * * * *
(b)(1) Motor carriers subject to Sec. 387.301(a)(1) are required
to have security for the required minimum limits as follows:
(i) Small freight vehicles:
----------------------------------------------------------------------------------------------------------------
Minimum
Kind of equipment Transportation provided limits
----------------------------------------------------------------------------------------------------------------
Fleet including only vehicles under 10,001 pounds (4,536 Property (non-hazardous)............. $300,000
kilograms) GVWR.
----------------------------------------------------------------------------------------------------------------
(ii) Passenger carriers.
Passenger Carriers: Kind of Equipment
------------------------------------------------------------------------
Minimum
Vehicle seating capacity limits
------------------------------------------------------------------------
(A) Any vehicle with a seating capacity of 16 passengers $5,000,000
or more (including the driver).........................
[[Page 59827]]
(B) Any vehicle designed or used to transport 15 1,500,000
passengers or less (including the driver) for
compensation...........................................
------------------------------------------------------------------------
(2) Motor carriers subject to Sec. 387.301(a)(2) are required to
have security for the required minimum limits as follows:
----------------------------------------------------------------------------------------------------------------
Minimum
Kind of equipment Commodity transported limits
----------------------------------------------------------------------------------------------------------------
(i) Freight vehicles of 10,001 pounds (4,536 Property (non-hazardous)....................... $750,000
kilograms) or more GVWR.
(ii) Freight vehicles of 10,001 (4,536 Hazardous substances, as defined in Sec. 5,000,000
kilograms) pounds or more GVWR. 171.8 of this title, transported in cargo
tanks, portable tanks, or hopper-type vehicles
with capacities in excess of 3,500 water
gallons, or in bulk explosives Division 1,1,
1.2 and 1.3 materials. Division 2.3, Hazard
Zone A material; in bulk Division 2.1 or 2.2;
or highway route controlled quantities of a
Class 7 material, as defined in Sec. 173.403
of this title.
(iii) Freight vehicles of 10,001 pounds (4,536 Oil listed in Sec. 172.101 of this title; 1,000,000
kilograms) or more GVWR. hazardous waste, hazardous materials and
hazardous substances defined in Sec. 171.8
of this title and listed in Sec. 172.101 of
this title, but not mentioned in (b) above or
(d) below.
(iv) Freight vehicles under 10,001 pounds Any quantity of Division 1.1, 1.2, or 1.3 5,000,000
(4,536 kilograms) GVWR. material; any quantity of a Division 2.3,
Hazard Zone A, or Division 6.1, Packing Group
I, Hazard Zone A material; or highway route
controlled quantities of Class 7 material as
defined in Sec. 173.455 of this title.
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 388--COOPERATIVE AGREEMENTS WITH STATES
0
57. The authority citation for part 388 is revised to read as follows:
Authority: 49 U.S.C. 113 and 502; 49 CFR 1.87.
PART 389--RULEMAKING PROCEDURES--FEDERAL MOTOR CARRIER SAFETY
REGULATIONS
0
58. The authority citation for part 389 is revised to read as follows:
Authority: 49 U.S.C. 113, 501 et seq., subchapters I and III of
chapter 311, chapter 313, and 31502; 42 U.S.C. 4917; and 49 CFR
1.87.
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
59. The authority citation for part 390 is revised to read as follows:
Authority: 49 U.S.C. 504, 508, 31132, 31133, 31136, 31144, 31151
and 31502; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677-1678;
secs. 212 and 217, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec.
229, Pub. L. 106-159 (as transferred by sec. 4115 and amended by
secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743-1744);
sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; and 49 CFR 1.87.
Sec. 390.21 [Amended]
0
60. Amend Sec. 390.21 by removing paragraph (b)(5).
0
61. Revise Sec. 390.27 to read as follows:
Sec. 390.27 Locations of motor carrier safety service centers.
----------------------------------------------------------------------------------------------------------------
Service center Territory included Location of office
----------------------------------------------------------------------------------------------------------------
Eastern............................ CT, DC, DE, MA, MD, ME, NJ, NH, NY, 802 Cromwell Park Drive, Suite N,
PA, PR, RI, VA, VT, Virgin Islands, Glen Burnie, MD 21061.
WV.
Midwestern......................... IA, IL, IN, KS, MI, MO, MN NE., OH, 4749 Lincoln Mall Drive, Suite 300A,
WI. Matteson, IL 60443.
Southern........................... AL, AR, FL, GA, KY, LA, MS, NC, OK, 1800 Century Boulevard, Suite 1700,
SC, TN. Atlanta, GA 30345-3220.
Western............................ American Samoa, AK, AZ, CA, CO, Guam, Golden Hills Office Centre, 12600
HI, ID, Mariana Islands, MT, ND, NM, West Colfax Avenue, Suite B-300,
NV, OR, SD, TX, UT, WA, WY. Lakewood, CO 80215.
----------------------------------------------------------------------------------------------------------------
Note 1: Canadian carriers, for information regarding proper service center, contact an FMCSA division (State)
office in AK, ME, MI, MT, NY, ND, VT, or WA.
Note 2: Mexican carriers are handled through the four southern border divisions and the Western Service Center.
For information regarding the proper service center, contact an FMCSA division (State) office in AZ, CA, NM,
or TX.
[[Page 59828]]
Sec. 390.42 [Amended]
0
62. Amend Sec. 390.42(b) by removing the phrase ``in Sec.
396.11(a)(2)'' and adding in its place ``in Sec. 396.11(b)(2).''
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
63. The authority citation for part 391 is revised to read as follows:
Authority: 49 U.S.C. 504, 508, 31133, 31136, and 31502; sec.
4007(b) of Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114 of Pub.
L. 103-311, 108 Stat. 1673, 1677; sec. 215 of Pub. L. 106-159, 113
Stat. 1748, 1767; and 49 CFR 1.87.
PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES
0
64. The authority citation for part 392 is revised to read as follows:
Authority: 49 U.S.C. 504, 13902, 31136, 31151, 31502; and 49 CFR
1.87.
PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
0
65. The authority citation for part 393 is revised to read as follows:
Authority: 49 U.S.C. 31136, 31151, and 31502; sec. 1041(b) of
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.87.
Sec. 393.17 [Amended]
0
66. Amend Sec. 393.17 in the introductory text of paragraph (b) by
removing the phrase ``including the towed vehicle or a tow-bar
combination,'' and adding in its place ``including the towed vehicles
of a tow-bar combination.''
Sec. 393.77 [Amended]
0
67-68. Amend Sec. 393.77-(b)(13) by removing the phrase ``paragraph
(c)(14)'' in the first sentence and adding in its place the phrase
``paragraph (b)(14).''
PART 395--HOURS OF SERVICE OF DRIVERS
0
69. The authority citation for part 395 is revised to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136, 31137, and 31502; sec.
113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-
159 (as transferred by sec. 4115 and amended by secs. 4130-4132,
Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); sec. 4133, Pub.
L. 109-59, 119 Stat. 1144, 1744; sec. 108, Pub. L. 110-432, 122
Stat. 4860-4866; and 49 CFR 1.87.
0
70. Revise Sec. 395.8(a)(1) to read as follows:
Sec. 395.8 Driver's record of duty status.
(a) * * *
(1) Every driver who operates a commercial motor vehicle shall
record his/her duty status, in duplicate, for each 24-hour period. The
duty status time 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 forms.
* * * * *
PART 396--INSPECTION, REPAIR, AND MAINTENANCE
0
71. The authority citation for part 396 is revised to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136, 31151, and 31502; and 49
CFR 1.87.
Sec. 396.11 [Amended]
0
72. Amend Sec. 396.11(b)(4) by removing the phrase ``including the
original driver report, the certification of repairs on all intermodal
equipment,'' and adding in its place the phrase ``including the
original driver report and the certification of repairs on all
intermodal equipment,''.
PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND
PARKING RULES
0
73. The authority citation for part 397 is revised 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.
0
74. Revise Sec. 397.5-(d)(3) to read as follows:
Sec. 397.5 Attendance and surveillance of motor vehicles.
* * * * *
(d) * * *
(3) A safe haven is an area specifically approved in writing by
local, State, or Federal governmental authorities for the parking of
unattended vehicles containing Division 1.1, 1.2, or 1.3 materials.
* * * * *
Sec. 397.19 [Amended]
0
75. Amend Sec. 397.19(a)(3) by removing the word ``contracted'' in the
second sentence and adding in its place the word ``contacted.''
Sec. 397.101 [Amended]
0
76. In the table below, for each paragraph of Sec. 397.101 indicated
in the left column, remove the words indicated in the middle column and
add the words indicated in the right column in their place.
----------------------------------------------------------------------------------------------------------------
Paragraph Remove Add
----------------------------------------------------------------------------------------------------------------
Sec. 397.101(b) introductory 49 CFR 173.403(l)............. 49 CFR 173.403.
text.
Sec. 397.101(b)(2)............. 49 CFR 173.403(l) and (y)..... 49 CFR 173.403.
Sec. 397.101(d) introductory 49 CFR 173.403(l), shall 49 CFR 173.403, shall prepare.
text. prepared.
Sec. 397.101(d) introductory 49 CFR 173.403(i)............. 49 CFR 173.403.
text.
----------------------------------------------------------------------------------------------------------------
PART 398--TRANSPORTATION OF MIGRANT WORKERS
0
77. The authority citation for part 398 is revised to read as follows:
Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502,
and 31504; sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C.
701 note); sec. 212, Pub. L. 106-159, 113 Stat. 1748, 1766; and 49
CFR 1.87.
Sec. 398.5 [Amended]
0
78. Amend Sec. 398.5(d) by adding a space between the word ``means''
and the word ``shall'' in the fourth sentence following the paragraph
heading.
PART 399--EMPLOYEE SAFETY AND HEALTH STANDARDS
0
79. The authority citation for part 399 is revised to read as follows:
Authority: 49 U.S.C. 31502; and 49 CFR 1.87.
Appendix B to Subchapter B of Chapter III [Amended]
0
80. Amend Appendix B to Subchapter B of Chapter III as follows:
0
a. Amend paragraph 3, Definition of Special Agent, by removing the
citation to ``49 CFR 1.73'' and adding in its place the citation ``49
CFR 1.87.''
0
b. Amend the authority citation for Appendix B to Subchapter B of
Chapter III by removing the citation to ``49 CFR 1.73'' and adding in
its place the citation ``49 CFR 1.87.''
[[Page 59829]]
Appendix G to Subchapter B of Chapter III [Amended]
0
81. Amend section 1.a(5) of Appendix G, Subchapter B of Chapter III by
adding a paragraph to the end of paragraph a. Service brakes and before
paragraph b. Parking Brake System to read as follows:
Appendix G to Subchapter B of Chapter III--Minimum Periodic Inspection
Standards
* * * * *
Wedge Brake Data--Movement of the scribe mark on the lining
shall not exceed 1/16 inch.
* * * * *
Issued on: September 10, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-23758 Filed 9-28-12; 8:45 am]
BILLING CODE 4910-EX-P