General Technical, Organizational, and Conforming Amendments to the Federal Motor Carrier Safety Regulations |
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Anne S. Ferro
Federal Motor Carrier Safety Administration
September 24, 2013
[Federal Register Volume 78, Number 185 (Tuesday, September 24, 2013)]
[Rules and Regulations]
[Pages 58470-58486]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22484]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 325, 350, 355, 365, 369, 370, 372, 375, 376, 380, 381,
382, 383, 384, 385, 386, 387, 389, 390, 391, 393, 395, 396, and
397, and Appendix G to Subchapter B of Chapter III
[Docket No. FMCSA-2013-0292]
RIN 2126-AB64
General 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 FMCSA's
regulations. The Agency is making minor editorial changes to correct
errors and omissions, ensure conformity with Office of the Federal
Register style, and improve clarity. This rule does not make any
substantive changes to the affected parts of the Federal Motor Carrier
Safety Regulations (FMCSRs).
DATES: This final rule is effective September 24, 2013.
FOR FURTHER INFORMATION CONTACT: Ms. 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 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, please call Ms.
Barbara Hairston, Docket Operations, telephone 202-366-3024.
SUPPLEMENTARY INFORMATION:
Legal Basis for the Rulemaking
Congress delegated certain powers to regulate interstate commerce
to the United States Department of Transportation (DOT or Department)
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 the Department
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
Federal Motor Carrier Safety Regulations, 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 the U.S. Department of
Transportation (Secretary) delegated oversight of these provisions to
the Federal Highway Administration (FHWA), a predecessor agency of the
FMCSA. The FMCSA Administrator has been delegated
[[Page 58471]]
authority under 49 CFR 1.87 to carry out the motor carrier functions
vested in the Secretary.
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 of these requirements. 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 responsibilities previously assigned to both the
ICC and the 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, 126 Stat. 405, 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 CFR.
Title 49 CFR subtitle B, chapter III, contains all of the FMCSRs.
The Administrative Procedure Act (APA) (5 U.S.C. 553) specifically
provides exceptions to its notice and public comment rulemaking
procedures where the Agency finds there is good cause (and incorporates
the finding and a brief statement of reasons therefore in the rules
issued) to dispense with them. Generally, good cause exists where the
Agency determines that notice and public comment procedures are
impractical, unnecessary, or contrary to the public interest (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 comment on this final rule are
unnecessary. For these same reasons, this rule will be effective on the
date of publication in the Federal Register.
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.
Section-by-Section Analysis
This section-by-section analysis describes the technical amendment
provisions in numerical order.
Part 325
Section 325.1. The second sentence of paragraph (c)(6) is revised
by removing the comma between the words ``asphalt'' and ``spreaders,''
to correct a typographical error.
Section 325.13. In paragraph (d)(1), ``Federal Highway
Administration'' is revised to read ``Federal Motor Carrier Safety
Administration,'' which complies with the intent of the technical
changes rule published in the Federal Register (FR) on October 1, 2001
(66 FR 49867). The last sentence of paragraph (d)(1) is revised by
capitalizing the word ``carrier'' in the phrase ``Federal Motor carrier
Safety Administration'' and removing the space between the word
``Administration'' and the comma. These changes are made to correct
typographical errors.
Part 350
Section 350.205. In paragraph (b), 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 350.341. In paragraph (h)(2), the word ``affect'' is
changed ``effect'' to correct an erroneous word choice.
Part 355
Appendix A to part 355. Under the section for ``State
Determinations,'' paragraph 2.b is revised by capitalizing the first
word ``do,'' to be consistent with paragraphs 2.a and 2.c.
Part 365
Appendix A to Subpart E of Part 365. In Appendix A to subpart E of
part 365, FMCSA corrects several cross references. These errors reflect
proofreading mistakes that were part of the original publication of the
appendix on March 19, 2002 (67 FR 12715). In Section I titled,
``General,'' paragraph (c)(6), the reference to ``Sec. 385.103(d)'' is
replaced by a reference to ``Sec. 385.103(c),'' which is the paragraph
that discusses requirements for a decal. In Section III titled,
``Overall Determinations of the Carrier's Basic Safety Management
Controls,'' paragraph (b), the reference to sections ``II (a)(1)
through (5)'' is replaced by a reference to sections ``III (a)(1)
through (5)'' and the reference to ``part III'' is replaced by a
reference to ``part IV.'' In Section IV titled, ``Evaluation of
Regulatory Compliance,'' paragraph (k)(2), the reference to section
``III (k)(1)(i)'' is replaced by a reference to section ``IV
(k)(1)(i).'' Also in Section IV, paragraph (k)(3), the reference to
``paragraph III (k)(1)(vi)'' is replaced by a reference to ``paragraph
IV (k)(1)(vi).'' In Section IV, the introductory text of paragraph (l),
the reference to ``part II (a)(1)'' is replaced by a reference to
``part III (a)(1),'' and the reference to ``part III'' is replaced by a
reference to ``part IV.''
In Section II, paragraph (b)(2), the word ``Section'' is revised by
making the capital ``S'' a lower case ``s.'' This correction is made to
conform to Government Printing Office style.\1\
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\1\ Government Printing Office, ``Style Manual,'' 2000, chapter
4. The ``Style Manual'' is available at: http://www.gpo.gov/fdsys/pkg/GPO-STYLEMANUAL-2008/content-detail.html.
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Part 369
Sections 369.2 and 369.3. The phrase ``Producers Price Index'' in
notes to these sections is changed to read ``Producer Price Index'' to
correct typographical errors.
Part 370
Section 370.9. In paragraph (b), the reference to ``Sec.
375.1(b)(1)'' is changed to ``Sec. 375.103.'' The definition for the
term ``household goods motor carrier'' is located in Sec. 375.103.
[[Page 58472]]
Part 372
Section 372.109. Paragraph (a) is amended by replacing the phrase
``federation of cooperation association'' with the phrase ``federation
of cooperative associations'' in the first sentence to correct a
typographical error.
Section 372.117. Paragraph (a) is amended by replacing the
reference to ``section (c) herein,'' with a reference to ``paragraph
(c) of this section,'' to conform to Office of the Federal Register
style.\2\
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\2\ The Office of the Federal Register publishes the ``Document
Drafting Handbook,'' which provides Federal Agencies with guidance
and examples for complying with the OFR's format and editorial
requirements for Federal Register documents. It is available at:
http://www.archives.gov/federal-register/write/handbook/ddh.pdf. See
page 2-45.
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Section 372.211. Paragraph (e) is amended by inserting the word
``or'' between the phrase ``by the municipality of Pittsburgh'' and the
phrase ``by any other municipality[hellip]'' to correct a typographical
error.
Sections 372.227, 372.229, and 372.231. In these three sections,
the word ``paragraph'' is added before the paragraph references in a
number of places. The addition of the word ``paragraph(s)'' in these
instances provides added clarity and conforms to Office of the Federal
Register style.\3\
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Sections 372.213 and 372.233. In these two sections, FMCSA adds a
reference to the specific municipality affected by the sections. This
is to clarify which municipalities are included within the scope of the
section and to make the language of these sections consistent with
other sections in part 372. Section 372.213(e) is amended by adding the
phrase ``of Pueblo or by any other municipality''; Sec. 372.233(e) is
amended by adding the words ``of Chicago or any other municipality.''
Part 375
Section 375.105. In paragraph (b), the word ``Section'' that
precedes each section number is removed and instead two section symbols
(Sec. Sec. ) are added at the beginning of the list, before the
reference to Sec. 375.205. This conforms to Government Printing Office
style \4\ and eliminates needless repetition.
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Part 376
Section 376.11. In the last sentence of paragraph (d)(1), the
phrase ``the balance f documentation'' is corrected to read ``the
balance of documentation.''
Part 380
Sections 380.502 and 380.513. In both Sec. 380.502(b) and Sec.
380.513(e), the words ``whistle blower'' are replaced by the word
``whistleblower,'' to correct a spelling error.
Appendix to Part 380. Section 3 titled, ``Safe Operating
Practices,'' ``Unit 3.5--Security issues,'' is amended by removing the
words ``Research and Special Programs Administration'' and adding, in
their place, the words ``Pipeline and Hazardous Materials Safety
Administration.'' In November 2004, an act of Congress abolished the
Research and Special Programs Administration (RSPA) and certain of its
duties were transferred to the Pipeline and Hazardous Materials Safety
Administration (PHMSA). This change is required to reflect the current
name of the agency with the statutory authority to regulate the
transportation of hazardous materials.
Part 381
Sections 381.310 and 381.410. In Sec. 381.310(c)(5) and Sec.
381.410(c)(8), the words ``achieve a level a safety'' are replaced by
the words ``achieve a level of safety,'' to correct typographical
errors.
Part 382
Section 382.401. To conform to the structure of paragraph (b),
paragraph (b)(2) is changed to a full sentence by appending to the end
of the paragraph the phrase ``shall be maintained for a minimum of 2
years.'' In addition, two cross references, which were incorrect in the
original publication of the rule (66 FR 43103, August 17, 2001), are
corrected here. The reference to ``Sec. 40.213(a)'' in paragraph
(c)(5)(iv) is corrected to read ``Sec. 40.213(g),'' which discusses
documentation of training for breath alcohol technicians. Finally, the
reference to ``Sec. 390.31'' in paragraph (d) is corrected to read
``Sec. 390.29,'' which discusses locations of records.
Section 382.403. In paragraph (e), the term ``Consortia/Third party
administrator'' is changed to ``Consortium/Third party administrator,''
as it is defined in Sec. 382.107.
Section 382.601. In paragraph (b)(11), the phrase ``. . . program
and or referral to management'' is replaced by the phrase ``. . .
program and/or referral to management,'' to correct a typographical
error.
Part 383
Section 383.3. In paragraph (f), the words ``(except in the
instances specified in Sec. 383.21)'' are removed because the
exceptions previously referenced under Sec. 383.21 were removed in a
September 2, 1999, rulemaking (64 FR 48110).
Section 383.5. Under the definition for ``Conviction,'' the closed
quotation mark following the word ``probated'' is removed to correct a
typographical error.
Section 383.51. In Table 2 to Sec. 383.51, footnote 1 is changed
to add a reference to the commercial learner's permit (CLP), so that
the footnote agrees with the regulatory text in Sec. 383.51(c)(7).
Section 383.53. In paragraph (b)(2), the reference to ``Sec.
383.37(c)'' is changed to read ``Sec. 383.37(d).'' Also, in paragraph
(c), the reference to ``Sec. 383.37(d)'' is changed to read ``Sec.
383.37(e).'' When 49 CFR 383.37 was revised on May 9, 2011 (76 FR
26979), old paragraphs (c) and (d) became paragraphs (d) and (e),
respectively, but the corresponding changes in Sec. 383.53 were not
made.
Sections 383.71, 383.73, and 383.153. In these three sections,
FMCSA corrects the date ``July 8, 2014'' to read ``July 8, 2015.'' This
compliance date, which appears in Sec. 384.301(f), was changed on
March 25, 2013 (78 FR 17882). FMCSA, however, failed to change
references to the compliance date in Sec. Sec. 383.71(a)(1) and (2),
383.73(a)(1) and (2), and 383.153(g) and (h).
On October 1, 2012, Sec. 383.71(b)(1)(i) was removed because it
was obsolete, and paragraph (b)(1)(ii) of that section was redesignated
as paragraph (b)(1) (77 FR 59825). The Agency, however, failed to
change numerous affected cross references throughout Sec. Sec. 383.71
and 383.73. It is correcting that oversight in this rulemaking.
Part 384
Section 384.206. As previously described, Sec. 383.71(b)(1)(ii)
was redesignated as Sec. 383.71(b)(1) on October 1, 2012 (77 FR
59825). Therefore, the references to ``Sec. Sec. 383.71(b)(1)(ii)(A)''
and ``383.71(b)(1)(ii),'' in Sec. 384.206(a)(1)(ii) and (a)(2)(iii),
respectively, are corrected. In paragraph (a)(2)(iii), the reference to
``Sec. 383.73(j)(4)'' is corrected to read ``Sec. 383.73(o)(4).''
This reference changed when Sec. 383.73 was revised on May 9, 2011 (76
FR 26883), but the Agency inadvertently did not change this cross
reference.
Section 384.216. Paragraph (b) is amended by correcting the cross
reference to ``Sec. 383.51(a)(5)'' to read ``Sec. 383.51(a)(6).''
When Sec. 383.51(a) was revised on May 9, 2011 (76 FR 26879), this
change was not made.
Sections 384.222 and 384.223. When Sec. 383.37 was revised on May
9, 2011 (76 FR 26879), the Agency did not make the necessary changes to
the cross
[[Page 58473]]
references in Sec. Sec. 384.222 and 384.223. The reference to ``Sec.
383.37(c)'' in Sec. 384.222 is removed and replaced by a reference to
``Sec. 383.37(d),'' which discusses out-of-service orders. In Sec.
384.223, the reference to ``Sec. 383.37(d)'' is changed to reference
``Sec. 383.37(e),'' which discusses railroad-highway grade crossings.
Section 384.225. Paragraph (a)(2)(i) is changed by replacing the
reference to ``Sec. 383.71(b)(1)(ii)'' with a reference to ``Sec.
383.71(b)(1).'' Section 383.71(b)(1)(ii) was redesignated as Sec.
383.71(b)(1) on October 1, 2012 (77 FR 59825).
Section 384.229. In paragraph (a), the last sentence is removed
because the cross- referenced exception in Sec. 383.75(a)(7) was
eliminated in a March 25, 2013 final rule (78 FR 17881).
Section 384.305. In paragraph (a), the phrase ``Division
Administrator/'' is inserted in front of the words ``State Director.''
As previously noted, generally, the head of each FMCSA State office is
the Division Administrator. However, the Agency has one remaining State
Director, in the Puerto Rico Division.
Section 384.309. Paragraph (a)(2) incorrectly references Sec.
384.307(c). The correct reference is to Sec. 384.307(d), which
addresses final FMCSA determinations. When Sec. 384.307 was revised on
July 31, 2002 (67 FR 49763), this change was not made.
Section 384.403. Paragraph (a) references Sec. 384.401(a)(1) or
(b)(1). However, since July 5, 2007 (72 FR 36788), paragraphs (a) and
(b) in Sec. 384.401 no longer have subparagraphs. The references in
Sec. 384.403(a) are corrected to read ``Sec. 384.401(a) or (b).''
Part 385
Sections 385.3, 385.407, and 385.421. As previously mentioned, an
Act of Congress abolished RSPA and certain of its duties were
transferred to PHMSA. In several sections, FMCSA changes a reference to
RSPA to a reference to PHMSA to reflect the current name of the agency
with the statutory authority to regulate the transportation of
hazardous materials. Section 385.3 is changed by removing ``RSPA means
the Research and Special Programs Administration'' and adding, in
alphabetical order, ``PHMSA means the Pipeline and Hazardous Materials
Safety Administration.'' Sections 385.407(c) and 385.421(a)(9) are both
changed to remove terms related to the obsolete Research and Special
Programs Administration and add, in their place, the term ``Pipeline
and Hazardous Materials Safety Administration'' or the acronym
``PHMSA.''
Section 385.4. In this section, FMCSA removes the name ``Mr. Thomas
Kelly'' and adds the title ``Chief, Compliance Division'' in its place.
This change makes clear that any questions should be addressed to the
current Chief of the Compliance Division. Paragraph (b) is changed to
correct a typographical error in the address.
Part 386
Sections 386.2, 386.7, and 386.8. As part of a reorganization in
DOT, the Docket Management Facility was renamed Docket Operations.
FMCSA corrects Sec. Sec. 386.2, 386.7, and 386.8 to be consistent with
the official title used by the facility. In the definition of
``Dockets'' in Sec. 386.2, the run-in, italic heading is changed to
read ``Docket Operations.'' The address in Sec. 386.7 is changed from
``Department of Transportation Docket Management Facility'' to
``Department of Transportation Docket Operations.'' In Sec.
386.8(c)(2), the name of the facility is changed from ``Dockets'' to
``Docket Operations.''
Section 386.11. The Agency updates the title of the office in
paragraph (a) to read ``Director, Office of Carrier, Driver, and
Vehicle Safety Standards (MC-PS)'' to reflect current usage and makes
editorial changes to paragraph (b) for consistency.
Section 386.13. Paragraph (a)(5) is changed to clarify that the
information in the paragraph refers to a petition and not a reply. In
addition, the cross reference is changed from ``Sec. 386.31'' to
``Sec. 386.6(c)'' because on May 18, 2005, former Sec. 386.31 was
superseded by Sec. 386.6 (70 FR 28480).
Section 386.22. In paragraphs (d) and (e), the comma following
``reject it'' is removed to correct a typographical error and to be
consistent with Sec. 386.22(c).
Section 386.48. The Agency updates the title of the office to read
``Director, Office of Carrier, Driver, and Vehicle Safety Standards
(MC-PS)'' to reflect current usage.
Section 386.51. In paragraph (a), the word ``anytime'' is changed
to read ``any time'' to correct a typographical error and to be
consistent with Sec. 386.51(b).
Section 386.72. In paragraph (b)(3), the Agency adds a reference to
``employee'' to the definition of ``imminent hazard'' to reflect the
wording of the statute at 49 U.S.C. 521(b)(5)(B).
Section 386.73. Paragraph (g)(8)(iii) is amended by replacing the
reference to ``(g)(5)'' with ``(g)(7),'' the correct reference to the
30-day period for review of a petition. This cross reference was
incorrect when the section was added April 26, 2012 (77 FR 24870).
Section 386.83. Section 386.83 contains a reference to 49 CFR part
386 Appendix A (h) that was not updated after that paragraph was re-
numbered. This rule corrects that so that it properly references 49 CFR
part 386 Appendix A (i).
Part 387
Sections 387.5 and 387.29. The word ``means'' is inserted between
the term being defined and the definition for several terms defined in
these sections. This change provides added clarity and readability, and
conforms to other sections throughout the CFR.
Sections 387.307, 387.315, and 387.409. Each instance of the terms
``state'' and ``federal'' are capitalized in these sections, to be
consistent with the Government Printing Office style.\5\ In Sec.
387.307, paragraph (d)(1), the term ``subsection (a)'' after the phrase
``. . . full security limits under. . .'' is replaced by the phrase
``paragraph (a) of this section,'' to conform to Office of the Federal
Register style.\6\
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\5\ ``Style Manual,'' 2000, chapter 4.
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Part 389
Section 389.25. Section 389.25 is revised to correct typographical
and grammatical errors. The phrase ``or example'' is replaced by the
phrase ``For example''. Also, the word ``to'' is inserted between the
words ``. . . minutes are kept, or'' and ``participate in any other
proceeding. . . .''
Part 390
Section 390.3. In paragraph (f)(1), the list of exceptions is
amended to include Sec. 391.15(e), Disqualification for violation of
prohibition of texting while driving a commercial motor vehicle, and
Sec. 391.15(f), Disqualification for violation of a restriction on
using a hand-held mobile telephone while driving a commercial motor
vehicle. The first citation (Sec. 391.15(e)) was originally included
in the September 25, 2010, texting final rule (75 FR 59118). When the
paragraph was revised by the cell phone rule to add that exception in
Sec. 391.15(f) on December 2, 2011 (76 FR 75470), Sec. 391.15(e)--the
texting rule disqualification--was inadvertently omitted from the list
of exceptions. Also, paragraph (f)(6) is amended to include an
additional exception (Sec. 391.15(e)) for the texting provisions. This
citation was included in the 2010 texting final rule, but inadvertently
removed by the 2011 cell phone rule.
Section 390.5. In the definition of ``Bus,'' the phrase ``and or
used'' is
[[Page 58474]]
changed to ``and/or used'' to correct a typographical error.
Section 390.19. The section heading is changed to correspond to the
entities listed in paragraph Sec. 390.19(a)(2) required to submit Form
MCS-150B to the Agency. The new heading reads ``Sec. 390.19 Motor
carrier, hazardous material safety permit applicant/holder, and
intermodal equipment provider identification reports.''
Section 390.21. In paragraph (e)(2)(iv), the word ``part'' is
inserted between the words ``CFR'' and ``376,'' to conform to Office of
the Federal Register style.\7\ Also, in paragraph (g)(4)(iii), the
acronyms ``SCAC'' and ``VIN'' are used, but they not defined until
Sec. 390.21(g)(4)(v)(A). For clarity, the acronyms SCAC and VIN are
spelled out in Sec. 390.21(g)(4)(iii) as follows: ``Standard Carrier
Alpha Code (SCAC)'' and ``Vehicle Identification Number (VIN)'' the
first time they are used, but the acronyms alone are used in paragraph
(g)(4)(v)(A).
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Section 390.40. In paragraph (f), the reference to ``Sec. 396.12''
is replaced with a reference to ``Sec. 396.3(b)(3),'' which is the
correct citation for records of inspection, repair and maintenance.
Also, paragraph (j) included a reference to Sec. 386.72(b)(1), which
is incorrect because the definition of ``imminent hazard'' is no longer
contained in that paragraph. Thus, in paragraph (j) of Sec. 390.40,
the reference to ``Sec. 396.72(b)(1)'' is removed and replaced with a
reference to ``Sec. 396.72(b)(3).
Section 390.107. In the introductory text of Sec. 390.107, the
comma is removed between the word ``* * * in'' and the phrase
``accordance with the minimum specifications * * *'' to correct a
typographical error.
Part 391
Section 391.2. In paragraphs (a), (b), and (c) of Sec. 391.2, the
references to ``Sec. 391.15(e) and (g)'' are removed and replaced with
references to ``Sec. 391.15(e) and (f),'' to correct a typographical
error. Section 391.2 was revised and Sec. 391.15(f) was added on
December 2, 2011 (76 FR 75487), with this incorrect cross reference.
There has never been a Sec. 391.15(g).
Section 391.15. In paragraph (c)(1)(ii), the reference to ``Sec.
395.2(a)'' is removed and replaced with a reference to ``Sec. 395.2,''
to correct a typographical error. Because it is a definitions section,
Sec. 395.2 is arranged alphabetically, rather than by paragraphs.
Also, in paragraph (c)(1)(ii), the semicolon is removed following the
phrase ``* * * or foreign commerce'' and replaced with a period, to
correct a typographical error and to be consistent with other instances
in this section.
Section 391.47. In paragraphs (c), (d)(1) and (d)(2), and (f), the
phrase ``Director of Bus and Truck Operations (MC-PSDPSD)'' is changed
to correctly refer to the position title and mail routing symbol,
respectively, as ``Director, Office of Carrier, Driver and Vehicle
Safety Standards (MC-PS).''
Section 391.49. In paragraphs (g), (h), (j)(1), (j)(2), and (k),
the phrase ``Division Administrator/'' is added before the words
``State Director'' in each instance the term is used. As noted
previously, except for the Puerto Rico Division, the head of each FMCSA
State office is the Division Administrator.
Section 391.65. In paragraphs (a) introductory text, (a)(1),
(a)(2), (a)(2)(i), (a)(2)(ii), (a)(2)(iii), and the certification
statement in (a)(2)(vii), the words ``regularly employed'' or
variations of that phrase are replaced by the words ``single-employer
driver'' or variations of that phrase. The reference in paragraph
(a)(2)(iii) to the definition of a regularly employed driver in Sec.
390.5 is no longer correct. The definition of ``regularly employed
driver'' has been replaced by the definition of ``single-employer
driver'' (see 63 FR 33276, June 18, 1998).
Part 393
Section 393.3. The negative implications in Sec. 393.3--that
additional equipment or accessories that reduce operation safety are
prohibited--is re-phrased as an affirmative prohibition.
Section 393.11. In Footnote 12, the reference to ``Sec. 392-
22(a)'' is replaced by a reference to ``Sec. 392.22(a).'' In Footnote
15(l), the reference to ``Section 393.11'' is replaced by a reference
to ``Sec. 393.11.'' These changes correct a typographical error and
conform the footnotes to Office of the Federal Register style.\8\
---------------------------------------------------------------------------
\8\ ``Document Drafting Handbook,'' page 2-44, et seq.
---------------------------------------------------------------------------
Section 393.49. In paragraph (a), the word ``busses'' is replaced
with the word ``buses,'' to correct a typographical error.
Subpart E of Part 393. FMCSA removes the outdated authority
citation for subpart E--Fuel Systems, which follows the subpart
heading. The authority citation for part 393 adequately covers subpart
E.
Section 393.67. In paragraphs (a)(2) and (a)(3), the reference to
``paragraph (c)(7)(iii)'' is replaced with a reference to ``paragraph
(c)(7)(ii),'' which is the correct citation for diesel fuel tanks. In
paragraph (c)(9), the word ``systems test'' is replaced with the words
``system test'' to correct a typographical error.
Section 393.71. In paragraph (h)(7), the words ``Tow-bars of such
design on in our condition as to permit . . .'' are replaced with the
words ``Tow-bars of such design or in such condition as to permit . .
.'' to correct typographical errors. FMCSA removes the authority
citation at the end of Sec. 393.71 because it is outdated and because
the authority citation for part 393 accurately describes the authority
for the section.
Section 393.77. Paragraph ``(b)(15)(i) Exception'' is redesignated
as ``(c) Exception'' to maintain alphabetical continuity with paragraph
``(b) Heater,'' the preceding paragraph.
Section 393.95. In paragraph (j), the words ``See Sec. 393.7(c)''
are replaced with the words ``See Sec. 393.7'' to correct the
reference to matters or material incorporated by reference.
Section 393.102. In paragraph (b), the reference to ``Sec.'' in
``Sec. 393.106(b)'' is replaced with the section symbol (Sec. ), to
read ``Sec. 393.106(b).'' In paragraph (c), the quotation mark ('')
following the words ``if the cargo is'' is replaced with a colon (:) to
correct a typographical error.
Section 393.118. In paragraph (d)(3)(iv)(B)(2)(i), the word
``about'' between the words ``6 feet'' and ``the deck'' is replaced
with the word ``above'' to correct a typographical error. Also,
paragraph (d)(5) is redesignated as paragraph (e), since the content in
paragraph (d)(5) is not included within the scope of ``securement of
bundles transported using more than one tier.''
Section 393.120. In the italic, run-in headings of paragraphs (b),
(c), and (d), the words ``in an'' are added after the words ``. . . in
a sided vehicle or'' and before the words ``intermodal container.'' In
paragraph (b)(1)(iv), the words ``must be used'' are removed. In the
introductory text of paragraph (b)(2), the word ``the'' is removed
after the words ``longitudinal row,'' and, in its place, is added the
word ``then.'' In paragraph (d)(1)(v), the comma is removed between the
words ``Either blocking'' and ``or friction mats.'' In the last
sentence of paragraph (d)(3)(iv), the extraneous phrase ``he forward
direction.'' is deleted to correct a typographical error.
Section 393.124. The paragraph that follows Sec. 393.124(d)(5)(vi)
is redesignated from paragraph ``(a)'' to paragraph ``(e).'' Currently,
the paragraph is mislabeled as paragraph (a). In newly redesignated
paragraph (e)(2)(ii)(B), the period at the end of the paragraph is
replaced with a semicolon. In paragraph (f)(2)(i), the period at the
[[Page 58475]]
end of the paragraph is removed and replaced with a semicolon.
Section 393.136. In paragraph (b)(2), the words ``hard wood'' are
replaced with the word ``hardwood'' to correct a typographical error.
Section 393.203. In paragraph (a), the word ``exist'' is replaced
with the word ``exit'' to correct a typographical error.
Part 395
Section 395.1. On August 25, 2005, the Agency modified
substantially the sleeper berth regulations in Sec. 395.1(g) (70 FR
50071). Among other things, the 2005 sleeper berth provisions referred
to the 11- and 14-hour limits, which do not apply in Alaska.
Inadvertently, FMCSA did not include alternative Alaska limits in that
rulemaking. As a result, the current sleeper berth rules say that
drivers can drive only 11 hours in a 14-hour window, while Alaska
drivers can drive 15 hours in a non-consecutive 20-hour window. This
rulemaking corrects that oversight by adding the alternative limits for
Alaska drivers to Sec. 395.1(g).
The title of paragraph (m) in Sec. 395.1, ``Construction materials
and equipment,'' is italicized to stylistically conform to the titles
of the other paragraphs in that section.
Section 395.3. Paragraph (d), dealing with the once-a-week limit on
restarting the 60- and 70-hour rules, is amended to include references
to a weekly limit on restarting the special 70- and 80-hour rules
effective in Alaska.
Section 395.8. In the note to paragraph (c), the word ``nerest'' is
replaced by the word ``nearest,'' and in paragraph (f)(11) ``ff duty''
is replaced by ``off duty'' to correct typographical errors.
Part 396
Section 396.9. In paragraph (c)(1), the phrase ``out-of-Service
Vehicle sticker'' is replaced by the phrase ``Out-of-Service Vehicle
sticker,'' to correct a typographical error.
Section 396.11. Section 396.11 is amended to correct grammatical
errors. In paragraph (a)(1)(xi), the semicolon at the end of the
paragraph is replaced by a period. In paragraph (b)(1)(ix), a period is
added at the end of the paragraph. In paragraph (b)(2)(ix), the
semicolon at the end of the paragraph is replaced by a period. In
paragraph (b)(2)(iv)(B), a period is added at the end of the paragraph.
Section 396.15. In paragraphs (b) and (c), the word ``towbar'' is
replaced by the word ``tow-bar'' to correct a typographical error.
Part 397
Section 397.65. Under the definition of ``Indian tribe,'' the
symbol (Sec. ) that precedes the section number of the statute is
replaced by the term ``section,'' to conform to Government Printing
Office style.\9\ The definition of ``Radioactive material'' is updated
to reflect changes to the definition of the ``radioactive material'' as
defined in 49 CFR 173.403. This definition was revised on January 26,
2004 (69 FR 3670).
---------------------------------------------------------------------------
\9\ ``Style Manual,'' 9.39.
---------------------------------------------------------------------------
Sections 397.67, 397.69, and 397.71. These three paragraphs are
amended to correct certain grammatical errors. In the introductory text
of Sec. 397.67(b), the phrase ``a NRHM routing designations,'' is
replaced by the phrase ``NRHM routing designations.'' In Sec. 397.67
(d), the word ``or'' is added after the words ``Division 1.1, 1.2''.
The Agency corrects Sec. 397.69(b) and Sec. 397.71(b)(6), (b)(9)(i),
and (b)(9)(iv) by replacing the words ``a NRHM'' with the words ``an
NRHM'' wherever they appear. In addition, in Sec. 397.71(b)(2)(ii),
the word ``their'' following ``. . . the public will be afforded the
opportunity to present'' is replaced by the word ``its.''
Section 397.73. In paragraph (a), the reference to ``Section 2B-
43'' is replaced by a reference to ``Section 2B-62,'' to reflect
revisions in the updated ``Manual on Uniform Traffic Control Devices.''
\10\ In paragraph (b), the phrase ``their jurisdictions'' following ``.
. . shall provide information identifying all NRHM routing designations
which exist within'' is replaced by the phrase ``its jurisdiction'' to
correct a grammatical error.
---------------------------------------------------------------------------
\10\ The ``Manual on Uniform Traffic Control Devices,''
published by the Federal Highway Administration, is available from:
http://mutcd.fhwa.dot.gov/pdfs/2009r1r2/pdf_index.htm.
---------------------------------------------------------------------------
Section 397.101. In paragraph (d), the words ``shall prepared'' are
replaced by the words ``shall prepare'' to correct a typographical
error. The introductory text to paragraph (g) is clarified to correctly
refer the reader to 49 CFR 173.403 instead of 49 CFR 173.401(l) for the
definition of a ``Highway route controlled quantity'' of a radioactive
material. This corrects a misprint.
Section 397.201. In paragraph (c), under the definition of
``Administrator,'' the phrase ``Federal Highway Administrator'' is
replaced by ``Federal Motor Carrier Safety Administrator'' to comply
with the intent of the technical changes rule published in the Federal
Register on October 1, 2001 (66 FR 49867).
Section 397.213. In paragraph (b)(4), the phrase ``subdivision
thereof, our Indian tribe'' is replaced by the phrase ``subdivision
thereof or Indian tribe'' to correct a typographical error.
Appendix G to Subchapter B of Chapter III
FMCSA changes Appendix G to Subchapter B of Chapter III in multiple
places to conform to Office of the Federal Register style.\11\ Under
``5. Lighting Devices,'' the term ``Section'' in the reference to
``Section 393'' is replaced with ``part.'' In subparagraph a(9), under
``10. Tires,'' the reference to ``393.75(e)'' is replaced with a
reference to ``Sec. 393.75(e).'' Under ``12. Windshield Glazing,'' the
reference to ``393.60'' is replaced with ``Sec. 393.60.'' In addition,
under the heading, ``Differences Between the Out-of-Service Criteria &
FMCSA's Annual Inspection,'' the Agency makes all the following
changes. Under the heading ``3. Exhaust System,'' in both instances in
which the term ``Section'' is used to reference ``Section 393.83,''
that term is replaced with the section symbol (Sec. ). Under ``5.
Lighting Devices,'' the term ``Section'' in the reference to ``Section
393'' is replaced with ``part.'' Under ``9. Frame,'' the reference to
``393.201'' is replaced with ``Sec. 393.201.'' The reference to
``393.75'' under ``10. Tires,'' is replaced with ``Sec. 393.75.''
Under ``11. Wheel and Rims,'' the reference to ``393.205'' is replaced
with ``Sec. 393.205.'' Finally, under ``12. Windshield Glazing,'' the
reference to ``393.60'' is replaced with ``Sec. 393.60.''
---------------------------------------------------------------------------
\11\ ``Document Drafting Handbook,'' pages 2-44 and 2-45.
---------------------------------------------------------------------------
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). Thus, the Office of Management and Budget
(OMB) did not review this document. We expect the final rule will have
minimal, if any, costs; therefore, a full regulatory evaluation is
unnecessary.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
601-612), FMCSA has evaluated the effects of this rule on small
entities. Because the rule only makes minor editorial corrections and
places no new
[[Page 58476]]
requirements on the regulated industry, I certify that this action will
not have a significant economic impact on a substantial number of small
entities.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this rule so that they can better evaluate its effects
on themselves and participate in the rulemaking initiative. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance; please consult the FMCSA point of contact,
Elaine Walls, listed in the FOR FURTHER INFORMATION CONTACT section of
this rule.
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 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.
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 $143.1
million (which is the value equivalent of $100,000,000 in 1995,
adjusted for inflation to 2010 levels) or more in any 1 year.
E.O. 13132 (Federalism)
A rule has implications for Federalism under section 1(a) of
Executive Order 13132 if it has ``substantial direct effects on the
States, on the relationship between national government and the States,
or on the distribution of power and responsibilities among various
levels of government.'' FMCSA has determined that this rule will not
have substantial direct effects on States, nor will it limit the
policymaking discretion of States. Nothing in this document preempts or
modifies any provision of State law or regulation, imposes substantial
direct unreimbursed compliance costs on any State, or diminishes 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 titled, ``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 and Clean Air 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. In addition,
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 those addressed 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. 42 U.S.C. 7506(c)), and
implementing regulations promulgated by the Environmental Protection
Agency. Approval of this action is exempt from the CAA's general
conformity requirement since it does not affect direct or indirect
emissions of criteria pollutants.
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 titled,
``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 titled, ``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 titled, ``Civil Justice Reform,'' to minimize litigation,
eliminate ambiguity, and reduce burden.
[[Page 58477]]
E.O. 12630 (Taking of Private Property)
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630 titled, ``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 325
Motor carriers, Noise control.
49 CFR Part 350
Grant programs--transportation, Highway safety, Motor carriers,
Motor 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 365
Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Maritime carriers, Mexico, Motor carriers, Moving of
household goods.
49 CFR Part 369
Reporting and recordkeeping requirements.
49 CFR Part 370
Freight forwarders, Investigations, Motor carriers.
49 CFR Part 372
Agricultural commodities, Buses, Cooperatives, Freight forwarders,
Motor carriers, Moving of household goods, Seafood.
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 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 389
Administrative practice and procedure, Highway safety, Motor
carriers, Motor vehicle safety.
49 CFR Part 390
Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.
49 CFR Part 391
Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety,
Transportation.
49 CFR Part 393
Highway safety, Motor carriers, Motor vehicle safety.
49 CFR Part 395
Highway safety, Motor carriers, Reporting and recordkeeping
requirements.
49 CFR Part 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.
In consideration of the foregoing, FMCSA is amending 49 CFR chapter
III, parts 325, 350, 355, 365, 369, 370, 372, 375, 376, 380, 381, 382,
383, 384, 385, 386, 387, 389, 390, 391, 393, 395, 396, and 397, and
appendix G to subchapter B, as set forth below:
PART 325--COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION
STANDARDS
0
1. The authority citation for part 325 is revised to read as follows:
Authority: 42 U.S.C. 4917; 49 U.S.C. 301; and 49 CFR 1.87.
Sec. 325.1 [Amended]
0
2. Amend Sec. 325.1(c)(6) by removing the comma between the words
``asphalt'' and ``spreaders''.
Sec. 325.13 [Amended]
0
3. In Sec. 325.13, amend paragraph (d)(1) as follows:
0
a. Remove the words ``Federal Highway Administration'' and add in their
place the words ``Federal Motor Carrier Safety Administration''.
[[Page 58478]]
0
b. Remove the words ``Federal Motor carrier Safety Administration'' and
add in their place the words ``Federal Motor Carrier Safety
Administration'' in the last sentence of the paragraph,
0
c. Remove the extra space following the word ``Administration'' and
before the comma in the last sentence of the paragraph.
PART 350--COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM
0
4. The authority citation for part 350 continues 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. 350.205 [Amended]
0
5. Amend Sec. 350.205(b) by removing the words ``State Director'' and
adding the words ``Division Administrator/State Director'' in their
place.
Sec. 350.341 [Amended]
0
6. Amend Sec. 350.341(h)(2) by removing the word ``affect'' and adding
in its place the word ``effect''.
PART 355--COMPATIBILITY OF STATE LAWS AND REGULATIONS AFFECTING
INTERSTATE MOTOR CARRIER OPERATIONS
0
7. The authority citation for part 355 is revised to read as follows:
Authority: 49 U.S.C. 504 and 31101 et seq.; and 49 CFR 1.87.
Appendix A to Part 355 [Amended]
0
8. Amend Appendix A to part 355, in paragraph 2.b under the center
heading ``State Determinations,'' by capitalizing the first word of the
paragraph.
PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
0
9. 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; and 49 CFR 1.87.
Appendix A to Subpart E of Part 365 [Amended]
0
10. In the table below, for each section of Appendix A to subpart E of
part 365 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.
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
Section I, paragraph (c)(6)..... Sec. 385.103(d). Sec. 385.103(c).
Section II, paragraph (b)(2).... Section........... section.
Section III, paragraph (b)...... II (a)(1) through III (a)(1) through
(5). (5).
Section III, paragraph (b)...... part III.......... part IV.
Section IV, paragraph (k)(2).... III (k)(1)(i)..... IV (k)(1)(i).
Section IV, paragraph (k)(3).... III (k)(1)(vi).... IV (k)(1)(vi).
Section IV, paragraph (l), part II (a)(1).... part III (a)(1).
introductory text.
Section IV, paragraph (l), part III.......... part IV.
introductory text.
------------------------------------------------------------------------
PART 369--REPORTS OF MOTOR CARRIERS
0
11. The authority citation for part 369 continues to read as follows:
Authority: 49 U.S.C. 14123; and 49 CFR 1.87.
Sec. 369.2 [Amended]
0
12. Amend Sec. 369.2, NOTE A, by redesignating it as ``Note to Sec.
369.2'' and by removing the words ``Producers Price Index'' and adding
the words ``Producer Price Index'' in their place.
Sec. 369.3 [Amended]
0
13. Amend the NOTE following Sec. 369.3 by redesignating it as ``Note
to Sec. 369.3'' and by removing the words ``Producers Price Index''
and adding the words ``Producer Price Index'' in their place.
PART 370--PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND
VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING
SALVAGE
0
14. 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. 370.9 [Amended]
0
15. Amend Sec. 370.9(b) by removing the reference to ``Sec.
375.1(b)(1)'' and adding in its place a reference to ``Sec. 375.103''.
PART 372--EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS
0
16. The authority citation for part 372 continues to read as follows:
Authority: 49 U.S.C. 13504 and 13506; and 49 CFR 1.87.
Sec. 372.109 [Amended]
0
17. Amend Sec. 372.109(a) by removing the words ``federation of
cooperation association'' and adding in their place the words
``federation of cooperative associations''.
Sec. 372.117 [Amended]
0
18. Amend Sec. 372.117(a) by removing the reference to ``section (c)
herein'' and adding in its place a reference to ``paragraph (c) of this
section''.
Sec. 372.211 [Amended]
0
19. Amend Sec. 372.211(e) by adding the word ``or'' between the word
``Pittsburgh'' and the words ``by any other municipality''.
Sec. 372.213 [Amended]
0
20. Amend Sec. 372.213(e) by adding the words ``of Pueblo or by any
other municipality'' following the words ``by the municipality''.
Sec. 372.227 [Amended]
0
21. Amend Sec. 372.227 as follows:
0
a. In paragraph (d), add the word ``paragraphs'' between the words
``defined in'' and the words ``(b) and (c) of this section''.
0
b. In paragraph (e), add the word ``paragraph'' between the words ``the
terms of'' and the words ``(d) of this section''.
Sec. 372.229 [Amended]
0
22. Amend Sec. 372.229 as follows:
0
a. In paragraph (d), add the word ``paragraphs'' between the words
``areas in'' and the words ``(b) and (c) of this section''.
0
b. In paragraph (e), add the word ``paragraph'' between the words ``the
terms of'' and the words ``(d) of this section''.
Sec. 372.231 [Amended]
0
23. Amend Sec. 372.231 as follows:
0
a. In paragraph (d), add the word ``paragraphs'' between the words
``defined in'' and the words ``(b) and (c) of this section''.
[[Page 58479]]
0
b. In paragraph (e), add the word ``paragraph'' between the words ``the
terms of'' and the words ``(d) of this section''.
Sec. 372.233 [Amended]
0
24. Amend Sec. 372.233(e) by adding the words ``of Chicago or any
other municipality'' following the words ``by the municipality''.
PART 375--TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE;
CONSUMER PROTECTION REGULATIONS
0
25. The authority citation for part 375 continues 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. In Sec. 375.105, revise paragraph (b) to read as follows:
Sec. 375.105 What are the information collection requirements of this
part?
* * * * *
(b) The information collection requirements are found in the
following sections: Sec. Sec. 375.205, 375.207, 375.209, 375.211,
375.213, 375.215, 375.217, 375.303, 375.401, 375.403, 375.405, 375.409,
375.501, 375.503, 375.505, 375.507, 375.515, 375.519, 375.521, 375.605,
375.607, 375.609, 375.803, 375.805, and 375.807.
PART 376--LEASE AND INTERCHANGE OF VEHICLES
0
27. The authority citation for part 376 continues to read as follows:
Authority: 49 U.S.C. 13301 and 14102; and 49 CFR 1.87.
Sec. 376.11 [Amended]
0
28. Amend Sec. 376.11(d)(1) by removing the words ``the balance f
documentation'' and adding in their place the words ``the balance of
documentation''.
PART 380--SPECIAL TRAINING REQUIREMENTS
0
29. The authority citation for part 380 continues 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.
Sec. 380.502 [Amended]
0
30. Amend Sec. 380.502(b) by removing the words ``whistle blower'' and
adding in their place the word ``whistleblower''.
Sec. 380.513 [Amended]
0
31. Amend Sec. 380.513(e) by removing the words ``whistle blower'' and
adding in their place the word ``whistleblower''.
Appendix to Part 380 [Amended]
0
32. Amend the Appendix to Part 380, Section 3--Safe Operating
Practices, Unit 3.5--Security issues, by removing the words ``Research
and Special Programs Administration'' and adding, in their place, the
words ``Pipeline and Hazardous Materials Safety Administration''.
PART 381-- WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS
0
33. The authority citation for part 381 continues to read as follows:
Authority: 49 U.S.C. 31136(e) and 31315; and 49 CFR 1.87.
Sec. 381.310 [Amended]
0
34. Amend Sec. 381.310(c)(5) by removing the words ``achieve a level a
safety'' and adding in their place the words ``achieve a level of
safety''.
Sec. 381.410 [Amended]
0
35. Amend Sec. 381.410(c)(8) by removing the words ``achieve a level a
safety'' and adding in their place the words ``achieve a level of
safety''.
PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING
0
36. The authority citation for part 382 continues to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec.
32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.
Sec. 382.401 [Amended]
0
37. In the table below, for each paragraph of Sec. 382.401 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
------------------------------------------------------------------------
(b)(2).......................... (except (except
calibration of calibration of
evidential breath evidential breath
testing devices). testing devices)
shall be
maintained for a
minimum of 2
years.
(c)(5)(iv)...................... Sec. 40.213(a).. Sec.
40.213(g)''.
(d)............................. Sec. 390.31..... Sec. 390.29.
------------------------------------------------------------------------
Sec. 382.403 [Amended]
0
38. Amend Sec. 382.403(e) by removing the words ``Consortia/Third
party administrator'' and adding in their place the words ``Consortium/
Third party administrator''.
Sec. 382.601 [Amended]
0
39. Amend Sec. 382.601(b)(11) by removing the words ``and or'' between
the words ``program'' and ``referral,'' and adding in their place the
words ``and/or''.
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
0
40. The authority citation for part 383 continues to read as follows:
Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs.
214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec.
1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of Pub. L.
109-59, 119 Stat. 1144, 1746; and 49 CFR 1.87.
0
41. Amend Sec. 383.3 by revising paragraph (f)(3)(i)(A) to read as
follows:
Sec. 383.3 Applicability.
* * * * *
(f) * * *
(3) * * *
(i) * * *
(A) Has not had more than one license;
* * * * *
Sec. 383.5 [Amended]
0
42. Amend Sec. 383.5 by removing the quotation mark following the word
``probated'' in the definition of ``Conviction.''
Sec. 383.51 [Amended]
0
43. In Table 2 to Sec. 383.51, amend footnote 1 by removing the words
``valid
[[Page 58480]]
CDL'' and adding the words ``valid CLP or CDL'' in their place.
Sec. 383.53 [Amended]
0
44. In the table below, for each paragraph of Sec. 383.53 indicated in
the left column, remove the reference indicated in the middle column
and add the reference indicated in the right column in its place.
------------------------------------------------------------------------
Paragraph Remove Add
------------------------------------------------------------------------
(b)(2).......................... Sec. 383.37(c).. Sec. 383.37(d).
(c)............................. Sec. 383.37(d).. Sec. 383.37(e).
------------------------------------------------------------------------
Sec. 383.71 [Amended]
0
45. In the table below, for each paragraph of Sec. 383.71 indicated in
the left column, remove the words indicated in the middle column,
wherever they appear, and add the words indicated in the right column
in their place.
------------------------------------------------------------------------
Paragraph Remove Add
------------------------------------------------------------------------
(a)(1) introductory text........ July 8, 2014...... July 8, 2015.
(a)(2) introductory text........ July 8, 2014...... July 8, 2015.
(b)(1) introductory text........ paragraph paragraph
(b)(1)(ii)(A), (b)(1)(i), (ii),
(B), (C), or (D). (iii), or (iv).
(g)............................. Sec. Sec.
383.71(b)(1)(ii). 383.71(b)(1).
(h)............................. Sec. Sec.
383.71(b)(1)(ii)( 383.71(b)(1)(i).
A).
------------------------------------------------------------------------
Sec. 383.73 [Amended]
0
46. In the table below, for each paragraph of Sec. 383.73 indicated in
the left column, remove the words indicated in the middle column,
wherever they appear, and add the words indicated in the right column
in their place.
------------------------------------------------------------------------
Paragraph Remove Add
------------------------------------------------------------------------
(a)(1).......................... July 8, 2014...... July 8, 2015.
(a)(2) introductory text........ July 8, 2014...... July 8, 2015.
(a)(2)(vii)..................... Sec. Sec.
383.71(b)(1)(ii)( 383.71(b)(1)(i).
A).
(b)(3)(v)....................... Sec. Sec.
383.71(b)(1)(ii)( 383.71(b)(1)(i).
A).
(b)(5).......................... Sec. Sec.
383.71(b)(1)(ii)( 383.71(b)(1)(i).
A).
(c)(8).......................... Sec. Sec.
383.71(b)(1)(ii)( 383.71(b)(1)(i).
A).
(d)(8).......................... Sec. Sec.
383.71(b)(1)(ii)( 383.71(b)(1)(i).
A).
(e)(6).......................... Sec. Sec.
383.71(b)(1)(ii)( 383.71(b)(1)(i).
A).
(o)(1)(i)....................... Sec. Sec.
383.71(b)(1)(ii). 383.71(b)(1).
(o)(4)(ii)...................... Sec. Sec.
383.71(b)(1)(ii). 383.71(b)(1).
(o)(4)(ii)...................... Sec. Sec.
383.71(b)(1)(ii)( 383.71(b)(1)(i).
A).
------------------------------------------------------------------------
Sec. 383.153 [Amended]
0
47. Amend Sec. 383.153(g) and (h) by removing the words ``July 8,
2014'' and adding in their place the words ``July 8, 2015'' wherever
they appear.
PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
0
48. The authority citation for part 384 continues to read as follows:
Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103
and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; and 49 CFR 1.87.
Sec. 384.206 [Amended]
0
49. In the table below, for each paragraph of Sec. 383.206 indicated
in the left column, remove the reference indicated in the middle column
and add the reference indicated in the right column in its place.
------------------------------------------------------------------------
Paragraph Remove Add
------------------------------------------------------------------------
(a)(1)(ii)...................... Sec. Sec.
383.71(b)(1)(ii)( 383.71(b)(1)(i).
A).
(a)(2)(iii)..................... Sec. Sec.
383.71(b)(1)(ii). 383.71(b)(1).
(a)(2)(iii)..................... Sec. Sec.
383.73(j)(4). 383.73(o)(4).
------------------------------------------------------------------------
Sec. 384.216 [Amended]
0
50. Amend Sec. 384.216(b) by removing the reference to ``Sec.
383.51(a)(5)'' and adding in its place a reference to ``Sec.
383.51(a)(6)''.
Sec. 384.222 [Amended]
0
51. Amend Sec. 384.222 by removing the reference to ``Sec.
383.37(c)'' and adding in its place a reference to ``Sec. 383.37(d)''.
Sec. 384.223 [Amended]
0
52. Amend Sec. 384.223 by removing the reference to ``Sec.
383.37(d)'' and adding in its place a reference to ``Sec. 383.37(e)''.
Sec. 384.225 [Amended]
0
53. Amend Sec. 384.225(a)(2)(i) by removing the reference to ``Sec.
383.71(b)(1)(ii)'' and adding in its place a reference to ``Sec.
383.71(b)(1)''.
0
54. Amend Sec. 384.229 by revising paragraph (a) to read as follows:
[[Page 58481]]
Sec. 384.229 Skills test examiner auditing and monitoring.
* * * * *
(a) At least once every 2 years, conduct unannounced, on-site
inspections of third party testers' and examiners' records, including
comparison of the CDL skills test results of applicants who are issued
CDLs with the CDL scoring sheets that are maintained in the third party
testers' files;
* * * * *
Sec. 384.305 [Amended]
0
55. Amend Sec. 384.305(a) by adding the words ``Division
Administrator/'' before the words ``State Director''.
Sec. 384.309 [Amended]
0
56. Amend Sec. 384.309(a)(2) by removing the reference to ``Sec.
384.307(c)'' and adding in its place a reference to ``Sec.
384.307(d)''.
Sec. 384.403 [Amended]
0
57. Amend Sec. 384.403(a) by removing the reference to ``Sec.
384.401(a)(1) or (b)(1)'' and adding in its place a reference to
``Sec. 384.401(a) or (b)''.
PART 385--SAFETY FITNESS PROCEDURES
0
58. The authority citation for part 385 continues to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 13901-
13905, 31133, 31135, 31136, 31137(a), 31144, 31148, and 31502; Sec.
113(a), Pub. L. 103-311; Sec. 408, Pub. L. 104-88; Sec. 350 of Pub.
L. 107-87; and 49 CFR 1.87.
0
59. Amend Sec. 385.3 by removing the definition of ``RSPA'' and adding
in alphabetical order the definition of ``PHMSA'' to read as follows:
Sec. 385.3 Definitions and acronyms.
* * * * *
PHMSA means Pipeline and Hazardous Materials Safety Administration
0
60. Amend Sec. 385.4 as follows:
0
a. In paragraph (a), remove the reference to ``Mr. Thomas Kelly'' and
add in its place the words ``Chief, Compliance Division.''
0
b. Revise paragraph (b) introductory text.
The revision reads as follows:
Sec. 385.4 Matter incorporated by reference.
* * * * *
(b) Commercial Vehicle Safety Alliance, 6303 Ivy Lane, Suite 310,
Greenbelt, Maryland 20770-6319. Phone number (301) 830-6143.
* * * * *
0
61. Amend Sec. 385.407 by revising paragraph (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 the
PHMSA in accordance with part 107, subpart G of this title.
Sec. 385.421 [Amended]
0
62. Amend Sec. 385.421(a)(9) by removing the words ``Research and
Special Programs Administration'' and adding, in their place, the words
``Pipeline and Hazardous Materials Safety Administration''.
PART 386--RULES OF PRACTICE FOR MOTOR CARRIER, INTERMODAL EQUIPMENT
PROVIDER, BROKER, FREIGHT FORWARDER, AND HAZARDOUS MATERIALS
PROCEEDINGS
0
63. The authority citation for part 386 continues 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.
Sec. 386.2 [Amended]
0
64. Amend Sec. 386.2, the definition for ``Dockets,'' by removing the
run-in heading ``Dockets'' and adding in its place the heading ``Docket
Operations''.
Sec. 386.7 [Amended]
0
65. Amend Sec. 386.7 by removing the words ``Management Facility'' and
adding in their place the word ``Operations''.
Sec. 386.8 [Amended]
0
66. Amend Sec. 386.8(c)(2) by removing the word ``Dockets'' and adding
in its place the words ``Docket Operations''.
Sec. 386.11 [Amended]
0
67. In the table below, for each paragraph of Sec. 386.11 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, wherever
they appear.
------------------------------------------------------------------------
Paragraph Remove Add
------------------------------------------------------------------------
(a) introductory text........... Director, Office Director, Office
of Truck and Bus of Carrier,
Standards and Driver, and
Operations. Vehicle Safety
Standards (MC-
PS).
(b) introductory text........... notice of Notice of
violation. Violation.
(b)(3).......................... notice of Notice of
violation. Violation.
------------------------------------------------------------------------
0
68. Amend Sec. 386.13 by revising paragraph (a)(5) to read as follows:
Sec. 386.13 Petitions to review and request for hearing: Driver
qualification proceedings.
(a) * * *
(5) Certification that the petition has been filed in accordance
with Sec. 386.6(c); and
* * * * *
Sec. 386.22 [Amended]
0
69. Amend Sec. 386.22(d) and (e) by removing the comma following the
words ``reject it'' in each paragraph.
Sec. 386.48 [Amended]
0
70. Amend Sec. 386.48 by removing the words ``Director, Office of
Truck and Bus Standards and Operations'' and adding in their place the
words ``Director, Office of Carrier, Driver, and Vehicle Safety
Standards (MC-PS)''.
Sec. 386.51 [Amended]
0
71. Amend Sec. 386.51(a) by removing the word ``anytime'' and adding
in its place the words ``any time''.
Sec. 386.72 [Amended]
0
72. Amend Sec. 386.72(b)(3) by adding the word ``employee,'' after the
word ``equipment,''.
Sec. 386.73 [Amended]
0
73. Amend Sec. 386.73(g)(8)(iii) by removing the reference to
``paragraph (g)(5)'' and adding in its place a reference to ``paragraph
(g)(7)''.
0
74. Amend Sec. 386.83 by revising paragraph (c) to read as follows:
[[Page 58482]]
Sec. 386.83 Sanction for failure to pay civil penalties or abide by
payment plan; operation in interstate commerce prohibited.
* * * * *
(c) A CMV owner or operator, or intermodal equipment provider that
continues to operate in interstate commerce in violation of this
section may be subject to additional sanctions under paragraph IV of
(i) appendix A to part 386.
* * * * *
PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS
0
75. The authority citation for part 387 continues to read as follows:
Authority: 49 U.S.C. 13101, 13301, 13906, 14701, 31138, 31139,
and 31144; and 49 CFR 1.87.
Sec. 387.5 [Amended]
0
76. Amend Sec. 387.5 as follows:
0
a. Remove the 1 em dash and add the word ``means'' after the italic
heading of the term being defined and before the body of the definition
for each of the following definitions: ``In bulk'', ``In bulk (Division
1.1, 1.2, and 1.3 explosives)'', ``In bulk (Division 2.3, Hazard Zone A
or Division 6.1, Packing Group I, Hazard Zone A materials)'', and
``Insured and principal''.
0
b. Add the word ``means'' after the italic heading of the term being
defined and before the body of the definition for each of the following
definitions: ``Cancellation of insurance'', ``Endorsement'',
``Environmental restoration'', ``Evidence of security'', ``Financial
responsibility'', ``Insurance premium'', and ``Public liability''.
Sec. 387.29 [Amended]
0
77. Amend Sec. 387.29 by adding the word ``means'' after the italic
heading of the term being defined and before the body of the definition
for each of the following definitions: ``Endorsement'', ``Financial
responsibility'', ``Insured and principal'', ``Insurance premium'',
``Public liability'', and ``Seating capacity''.
Sec. 387.307 [Amended]
0
78. Amend Sec. 387.307 as follows:
0
a. In paragraph (c)(8), remove the words ``state'' and ``federal'' and
add in their place the words ``State'' and ``Federal'' respectively.
0
b. In paragraph (d)(1), remove the reference to ``subsection (a)'' and
add in its place a reference to ``paragraph (a) of this section''.
Sec. 387.315 [Amended]
0
79. Amend Sec. 387.315 (a) through (c) by removing the word ``state''
wherever it appears and adding in its place the word ``State''.
Sec. 387.409 [Amended]
0
80. Amend Sec. 387.409(a) through (c), by removing the word ``state''
wherever it appears and adding in its place the word ``State''.
PART 389--RULEMAKING PROCEDURES--FEDERAL MOTOR CARRIER SAFETY
REGULATIONS
0
81. The authority citation for part 389 continues to read as follow:
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.
0
82. Revise Sec. 389.25 to read as follows:
Sec. 389.25 Additional rulemaking proceedings.
The Administrator may initiate any further rulemaking proceedings
that he/she finds necessary or desirable. For example, interested
persons may be invited to make oral arguments, to participate in
conferences between the Administrator or his/her representative at
which minutes of the conference are kept, to appear at informal
hearings presided over by officials designated by the Administrator at
which a transcript or minutes are kept, or to participate in any other
proceeding to assure informed administrative action and to protect the
public interest.
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
83. The authority citation for part 390 continues to read as follows:
Authority: 49 U.S.C. 504, 508, 31132, 31133, 31136, 31144,
31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677-1678;
sec. 212, 217, 229, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767;
sec. 229, Pub. L. 106-159 (as transferred by sec. 4114 and amended
by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743-
1744); sec. 4136, Pub. L. 109-59, 119 Stat. 114, 1745; sections
32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 830; and 49
CFR 1.87.
Sec. 390.3 [Amended]
0
84. In the table below, for each paragraph of Sec. 390.3 indicated in
the left column, remove the reference indicated in the middle column
and add the reference indicated in the right column in its place.
------------------------------------------------------------------------
Paragraph Remove Add
------------------------------------------------------------------------
(f)(1).......................... Sec. Sec. Sec. Sec.
391.15(f). 391.15(e) and (f)
(f)(6).......................... Sec. 391.15(f).. Sec. Sec.
391.15(e) and
(f).
------------------------------------------------------------------------
Sec. 390.5 [Amended]
0
85. Amend the definition of ``Bus'' by changing the phrase ``and or''
to ``and/or''.
0
86. Amend Sec. 390.19 by revising the section heading to read as
follows:
Sec. 390.19 Motor carrier, hazardous material safety permit
applicant/holder; and intermodal equipment provider identification
reports.
* * * * *
Sec. 390.21 [Amended]
0
87. In the table below, for each paragraph of Sec. 390.21 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, wherever
they appear.
------------------------------------------------------------------------
Paragraph Remove Add
------------------------------------------------------------------------
(e)(2)(iv)...................... 49 CFR 376........ 49 CFR part 376.
(g)(4)(iii)..................... VIN............... Vehicle
Identification
Number (VIN).
(g)(4)(iii)..................... SCAC code......... Standard Carrier
Alpha Code
(SCAC).
(g)(4)(v)(A)(i)................. Standard Carrier SCAC.
Alpha Code (SCAC).
(g)(4)(v)(A)(iii)............... Vehicle VIN.
Identification
Number (VIN).
------------------------------------------------------------------------
[[Page 58483]]
Sec. 390.40 [Amended]
0
88. In the table below, for each paragraph of Sec. 390.40 indicated in
the left column, remove the reference indicated in the middle column
and add the reference indicated in the right column in its place.
------------------------------------------------------------------------
Paragraph Remove Add
------------------------------------------------------------------------
(f)............................. Sec. 396.12..... Sec.
396.3(b)(3).
(j)............................. Sec. Sec.
396.72(b)(1). 396.72(b)(3).
------------------------------------------------------------------------
Sec. 390.107 [Amended]
0
89. Amend the introductory text of Sec. 390.107 by removing the comma
after the word ``in''.
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
90. The authority citation for part 391 continues 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; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830;
and 49 CFR 1.87.
Sec. 391.2 [Amended]
0
91. In the table below, for each paragraph of Sec. 391.2 indicated in
the left column, remove the reference indicated in the middle column
and add the reference indicated in the right column in its place.
------------------------------------------------------------------------
Paragraph Remove Add
------------------------------------------------------------------------
(a) introductory text........... Sec. 391.15(e) Sec. 391.15(e)
and (g). and (f)
(b)............................. Sec. 391.15(e) Sec. 391.15(e)
and (g). and (f)
(c)............................. Sec. 391.15(e) Sec. 391.15(e)
and (g). and (f)
------------------------------------------------------------------------
Sec. 391.15 [Amended]
0
92. Amend Sec. 391.15 as follows:
0
a. In paragraph (c)(1)(i), remove the reference to ``Sec. 395.2(a) of
this subchapter'' and add in its place a reference to ``Sec. 395.2 of
this part''.
0
b. In paragraph (c)(1)(ii), remove the semicolon and add in its place a
period.
Sec. 391.47 [Amended]
0
93. In the table below, for each paragraph of Sec. 391.47 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, wherever
they appear.
------------------------------------------------------------------------
Paragraph Remove Add
------------------------------------------------------------------------
(c)............................. Director, Office Director, Office
of Bus and Truck of Carrier,
Standards and Driver and
Operations (MC- Vehicle Safety
PSDPSD). Standards (MC-
PS).
(d)(1).......................... Director, Office Director, Office
of Bus and Truck of Carrier,
Standards and Driver and
Operations (MC- Vehicle Safety
PSDPSD). Standards (MC-
PS).
(d)(2).......................... Director, Office Director, Office
of Bus and Truck of Carrier,
Standards and Driver and
Operations (MC- Vehicle Safety
PSDPSD). Standards (MC-
PS).
(f)............................. Director, Office Director, Office
of Bus and Truck of Carrier,
Standards and Driver and
Operations (MC- Vehicle Safety
PSDPSD). Standards (MC-
PS).
------------------------------------------------------------------------
Sec. 391.49 [Amended]
0
94. In the table below, for each paragraph of Sec. 391.49 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, wherever
they appear.
------------------------------------------------------------------------
Paragraph Remove Add
------------------------------------------------------------------------
(g)............................. State Director.... Division
Administrator/
State Director.
(h)............................. State Director.... Division
Administrator/
State Director.
(j)(1).......................... State Director.... Division
Administrator/
State Director.
(j)(2).......................... State Director.... Division
Administrator/
State Director.
(k)............................. State Director.... Division
Administrator/
State Director.
------------------------------------------------------------------------
0
95. Amend Sec. 391.65 by revising paragraphs (a) introductory text,
(a)(1), (a)(2) introductory text, (a)(2)(i), (a)(2)(iii), and
(a)(2)(vii) to read as follows:
Sec. 391.65 Drivers furnished by other motor carriers.
(a) A motor carrier may employ a driver who is not a single-
employer driver, as defined in Sec. 390.5, of that motor carrier
without complying with the generally applicable driver qualification
file requirements in this part, if--
(1) The driver is a single-employer driver for another motor
carrier; and
(2) That other motor carrier certifies that the driver is fully
qualified to drive a commercial motor vehicle in a written statement
which--
[[Page 58484]]
(i) Is signed and dated by an officer or authorized employee of the
motor carrier that employs the single-employer driver;
* * * * *
(iii) Certifies that the driver has been employed as a single-
employer driver.
* * * * *
(vii) Is substantially in accordance with the following form:
--------------------(Name of driver)
--------------------(SS No.)
--------------------(Signature of driver)
I certify that the above named driver, as defined in Sec. 390.5,
is a single-employer driver driving a commercial motor vehicle operated
by the below named carrier and is fully qualified under part 391,
Federal Motor Carrier Safety Regulations. His/her current medical
examiner's certificate expires on ------(Date).
This certificate expires:
(Date not later than expiration date of medical certificate)
Issued on------(date)
Issued by----------
(Name of carrier)
(Address)
(Signature)
(Title)
* * * * *
PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
0
96. The authority citation for part 393 continues 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.
0
97. Revise Sec. 393.3 to read as follows:
Sec. 393.3 Additional equipment and accessories.
The use of additional equipment or accessories in a manner that
decreases the safety of operation of a commercial motor vehicle in
interstate commerce is prohibited. Nothing contained in this subchapter
shall be construed to prohibit the use of additional equipment and
accessories, not inconsistent with or prohibited by this subchapter,
provided such equipment and accessories do not decrease the safety of
operation of the motor vehicles on which they are used.
Sec. 393.11 [Amended]
0
98. Amend Table 1 of Sec. 393.11 as follows:
0
a. In Footnote--12, remove the reference to ``Sec. 392-22(a)'' and
add, in its place, a reference to ``Sec. 392.22(a)''.
0
b. In Footnote--15(1), remove the reference to ``Section 393.11'' and
add in its place a reference to ``Sec. 393.11''.
Sec. 393.49 [Amended]
0
99. Amend Sec. 393.49(a) by removing the word ``busses'' and adding in
its place the word ``buses''.
Subpart E--Fuel Systems [Amended]
0
100. Remove the authority citation for subpart E of part 393.
Sec. 393.67 [Amended]
0
101. Amend Sec. 393.67 as follows:
0
a. In paragraphs (a)(2) and (3), remove the reference to paragraph
``(c)(7)(iii)'' and add in its place a reference to paragraph
``(c)(7)(ii)''.
0
b. In paragraph (c)(9), remove the word ``systems'' and add in its
place the word ``system''.
Sec. 393.71 [Amended]
0
102. Amend Sec. 393.71(h)(7) as follows:
0
a. Remove the words ``Tow-bars of such design on in our condition'' and
add in their place the words ``Tow-bars of such design or in such
condition''.
0
b. Remove the authority citation at the end of the section.
Sec. 393.77 [Amended]
0
103. Amend Sec. 393.77 by redesignating paragraph (b)(15)(i) as
paragraph (c).
Sec. 393.95 [Amended]
0
104. Amend Sec. 393.95(j) by removing the words ``See Sec. 393.7(c)''
and adding in their place the words ``See Sec. 393.7''.
Sec. 393.102 [Amended]
0
105. Amend Sec. 393.102 as follows:
0
a. In paragraph (b), remove the reference to ``Sec. 393.106(b)'' and
add in its place a reference to ``Sec. 393.106(b)''.
0
b. In paragraph (c), remove the quotation mark following the words ``if
the cargo is'' and add in its place a colon.
Sec. 393.118 [Amended]
0
106. Amend Sec. 393.118 as follows:
0
a. In paragraph (d)(3)(iv)(B)(2)(i), remove the word ``about'' between
the words ``6 feet'' and ``the deck'', and add, in its place, the word
``above''.
0
b. Redesignate paragraph (d)(5) as paragraph (e).
Sec. 393.120 [Amended]
0
107. Amend Sec. 393.120 as follows:
0
a. In the subject headings for paragraphs (b), (c), and (d), add the
words ``in an'' after the words ``sided vehicle or'' and before the
words ``intermodal container''.
0
b. In paragraph (b)(1)(iv), remove the words ``must be used''.
0
c. In the introductory text of paragraph (b)(2), remove the word
``the'' after the words ``longitudinal row,'' and add in its place the
word ``then''.
0
d. In paragraph (d)(1)(v), remove the comma between the words ``Either
blocking'' and the words ``or friction mats''.
0
e. In the last sentence of paragraph (d)(3)(iv), remove the phrase ``he
forward direction.''.
Sec. 393.124 [Amended]
0
108. Amend Sec. 393.124 as follows:
0
a. Redesignate the paragraph that follows Sec. 393.124(d)(5)(vi),
which is currently designated as paragraph (a), as paragraph (e).
0
b. In newly redesignated paragraph (e)(2)(ii)(B), remove the period at
the end of the paragraph and add in its place a semicolon.
0
c. In paragraph (f)(2)(i), remove the period at the end of the
paragraph and add in its place a semicolon.
Sec. 393.136 [Amended]
0
109. Amend Sec. 393.136(b)(2), by removing the words ``hard wood'' and
adding in their place the word ``hardwood''.
Sec. 393.203 [Amended]
0
110. Amend Sec. 393.203(a) by removing the word ``exist'' and adding
in its place the word ``exit''.
PART 395--HOURS OF SERVICE OF DRIVERS
0
111. The authority citation for part 395 continues 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; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830;
and 49 CFR 1.87.
0
112. Amend Sec. 395.1 as follows:
0
a. Revise paragraphs (g)(1)(i)(B) and (C) and (g)(1)(ii)(C).
0
b. Italicize the paragraph (m) subject heading Construction materials
and equipment.
The revisions read as follows:
Sec. 395.1 Scope of rules in this part.
* * * * *
(g) * * *
(1) * * *
(i) * * *
(B) May not drive more than the driving limit specified in Sec.
395.3(a)(3)(i), or, in the case of drivers in Alaska, the driving limit
specified in Sec. 395.1(h)(1)(i)-(ii), following one of the 10-hour
off-duty periods specified in
[[Page 58485]]
paragraph (g)(1)(i)(A)(1) through (4) of this section. However, driving
is permitted only if 8 hours or fewer have passed since the end of the
driver's last off-duty break or sleeper-berth period of at least 30
minutes; and
(C) May not drive for more than the period specified in Sec.
395.3(a)(2), or in the case of drivers in Alaska, the period specified
in Sec. 395.1(h)(1)(ii), after coming on duty following one of the 10-
hour off-duty periods specified in paragraph (g)(1)(i)(A)(1)-(4) of
this section; and
* * * * *
(ii) * * *
(C) Calculation of the 14-hour period in Sec. 395.3(a)(2) includes
all time--or, for calculation of the 20-hour period in Sec.
395.1(h)(1)(ii) for drivers in Alaska, all on-duty time--except any
sleeper-berth period of at least 8 but less than 10 consecutive hours
and up to 2 hours riding in the passenger seat of a property-carrying
vehicle moving on the highway immediately before or after a period of
at least 8 but less than 10 consecutive hours in the sleeper berth;
compliance must be recalculated from the end of the first of the two
periods used to comply with the requirements of paragraph (g)(1)(ii)(A)
of this section.
* * * * *
0
113. Amend Sec. 395.3 by revising paragraph (d) to read as follows:
Sec. 395.3 Maximum driving time for property-carrying vehicles.
* * * * *
(d) A driver may not take an off-duty period allowed by paragraph
(c) of this section to restart the calculation of 60 hours in 7
consecutive days or 70 hours in 8 consecutive days--or, in the case of
drivers in Alaska, 70 hours in 7 consecutive days or 80 hours in 8
consecutive days--until 168 or more consecutive hours have passed since
the beginning of the last such off-duty period. When a driver takes
more than one off-duty period of 34 or more consecutive hours within a
period of 168 consecutive hours, he or she must indicate in the Remarks
section of the record of duty status which such off-duty period is
being used to restart the calculation of 60 hours in 7 consecutive days
or 70 hours in 8 consecutive days--or, in the case of drivers in
Alaska, 70 hours in 7 consecutive days or 80 hours in 8 consecutive
days.
Sec. 395.8 [Amended]
0
114. Amend Sec. 395.8 as follows:
0
a. In the note to paragraph (c), remove the word ``nerest'' and add in
its place the word ``nearest''.
0
b. In paragraph (f)(11), remove the words ``ff duty'' and add in their
place the words ``off duty''.
PART 396--INSPECTION, REPAIR, AND MAINTENANCE
0
115. The authority citation for part 396 continues to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136, 31151, and 31502; sec.
32934, Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.
Sec. 396.9 [Amended]
0
116. Amend Sec. 396.9(c)(1) by removing the term `` `out-of-Service
Vehicle' sticker'' and adding in its place the term `` `Out-of-Service
Vehicle' sticker''.
Sec. 396.11 [Amended]
0
117. Amend Sec. 396.11 as follows:
0
a. In paragraph (a)(1)(xi), remove the semicolon at the end of the
paragraph and add in its place a period.
0
b. In paragraph (b)(1)(ix), remove the semicolon at the end of the
paragraph and add in its place a period.
0
c. In paragraph (b)(2)(ix), remove the semicolon at the end of the
paragraph and add in its place a period.
0
d. In paragraph (b)(2)(iv)(B), add a period at the end of the
paragraph.
Sec. 396.15 [Amended]
0
118. Amend Sec. 396.15 as follows:
0
a. In paragraph (b)(1) remove the word ``towbar'' and add in its place
the word ``tow-bar''.
0
b. In paragraph (c), remove the word ``towbars'' and add in its place
the word ``tow-bars''.
PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND
PARKING RULES
0
119. The authority citation for part 397 continues to read as follows:
Authority: 49 U.S.C. 322; and 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
120. Amend Sec. 397.65 by revising the definitions for ``Indian
tribe'' and ``radioactive material'' to read as follows:
Sec. 397.65 Definitions.
* * * * *
Indian tribe. Has the same meaning as contained in section 4 of the
Indian Self-Determination and Education Act, 25 U.S.C. 450b.
* * * * *
Radioactive material. As defined in 49 CFR 173.403, radioactive
material means any material containing radionuclides where both the
activity concentration and the total activity in the consignment exceed
the values of the table in 49 CFR 173.436 or values derived according
to the instructions in 49 CFR 173.433.
* * * * *
Sec. 397.67 [Amended]
0
121. Amend Sec. 397.67 as follows:
0
a. In paragraph (b) introductory text, remove the word ``a'' before
words ``NRHM routing designations''.
0
b. In paragraph (d), add the word ``or'' after the words ``Divisions
1.1, 1.2,''.
Sec. 397.69 [Amended]
0
122. Amend Sec. 397.69(b) by removing the words ``a NRHM'' and adding
in their place the words ``an NRHM''.
Sec. 397.71 [Amended]
0
123. In the table below, for each paragraph of Sec. 397.71 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
------------------------------------------------------------------------
(b)(2)(ii)...................... their............. its
(b)(6).......................... a NRHM............ an NRHM
(b)(9)(i)....................... a NRHM............ an NRHM
(b)(9)(iv)...................... a NRHM............ an NRHM
------------------------------------------------------------------------
Sec. 397.73 [Amended]
0
124. Amend Sec. 397.73 as follows:
0
a. In paragraph (a), remove the reference to ``Section 2B-43'' and add
in its place a reference to ``Section 2B-62''.
0
b. In paragraph (b), remove the words ``their jurisdictions'' and add
in their place the words ``its jurisdiction''.
0
125. Amend Sec. 397.101 as follows:
0
a. In paragraph (d), remove the words ``shall prepared'' and add in
their place the words ``shall prepare''; and
0
b. Revise paragraph (g) introductory text.
The revision reads as follows:
Sec. 397.101 Requirements for motor carriers and drivers.
* * * * *
(g) Except for packages shipped in compliance with the physical
security requirements of the U.S. Nuclear Regulatory Commission in 10
CFR part 73, each carrier that accepts for transportation a highway
route controlled quantity of Class 7 (radioactive) material (see the
definition of Highway route controlled quantity in 49 CFR 173.403),
must file, within 90 days following the acceptance of the package, the
following information concerning the transportation of each such
package with the Federal Motor Carrier Safety Administration, Office of
[[Page 58486]]
Enforcement and Compliance (MC-EC), 1200 New Jersey Ave. SE.,
Washington, DC 20590-0001:
* * * * *
Sec. 397.201 [Amended]
0
126. Amend the definition of ``Administrator'' in Sec. 397.201(c) by
removing the words ``Federal Highway Administrator'' and adding in
their place the words ``Federal Motor Carrier Safety Administrator''.
Sec. 397.213 [Amended]
0
127. Amend Sec. 397.213(b)(4) by removing the word ``our'' and adding
in its place the word ``or''.
Appendix G to Subchapter B of Chapter III [Amended]
0
128. In the table below, under each heading of Appendix G to Subchapter
B 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.
------------------------------------------------------------------------
Heading Remove Add
------------------------------------------------------------------------
5. Lighting Devices............ Section 393....... part 393
10. Tires a. (9)............... 393.75(e)......... Sec. 393.75(e)
12. Windshield Glazing......... 393.60............ Sec. 393.60
Differences Between the Out-of- Section 393.83.... Sec. 393.83
Service Criteria & FMCSA's
Annual Inspection, 3. Exhaust
System.
Differences Between the Out-of- Section 393....... part 393
Service Criteria & FMCSA's
Annual Inspection, 5. Lighting
Devices,.
Differences Between the Out-of- 393.201........... Sec. 393.201
Service Criteria & FMCSA's
Annual Inspection, 9. Frame.
Differences Between the Out-of- 393.75............ Sec. 393.75
Service Criteria & FMCSA's
Annual Inspection, 10. Tires.
Differences Between the Out-of- 393.205........... Sec. 393.205
Service Criteria & FMCSA's
Annual Inspection, 11. Wheel
and Rims.
Differences Between the Out-of- 393.60............ Sec. 393.60
Service Criteria & FMCSA's
Annual Inspection, 12.
Windshield Glazing.
------------------------------------------------------------------------
Issued under authority delegated under 49 CFR 1.87 on: August
30, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-22484 Filed 9-23-13; 8:45 am]
BILLING CODE 4910-EX-P