General Technical, Organizational, and Conforming Amendments to the Federal Motor Carrier Safety Regulations

General Technical, Organizational, and Conforming Amendments to the Federal Motor Carrier Safety Regulations

General Technical, Organizational, and Conforming Amendments to the Federal Motor Carrier Safety Regulations

T.F. Scott Darling, III
Federal Motor Carrier Safety Administration
October 2, 2014

[Federal Register Volume 79, Number 191 (Thursday, October 2, 2014)]
[Rules and Regulations]
[Pages 59450-59458]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23433]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 355, 365, 369, 383, 384, 385, 387, 390, 391, 392, 395,
and 397

[Docket No. FMCSA-2014-0262]
RIN 2126-AB76

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: FMCSA amends its regulations by making technical corrections
throughout title 49 of the Code of Federal Regulations (CFR), subtitle
B, chapter III. The Agency is making minor changes to correct errors
and omissions, ensure conformity with Office of the Federal Register
style guidelines, update references, and improve clarity and
consistency of certain regulatory provisions. This rule does not make
any substantive changes to the affected regulations.

DATES: Effective October 2, 2014. The incorporation by reference of
certain publications listed in the rule is approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51 as of October 2, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Strasser, 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) 366-0286 or via email at
alan.strasser@dot.gov. Office hours are from 8:00 a.m. to 5:30 p.m.
e.t., Monday through Friday, except Federal holidays.
If you have questions on viewing the docket, please call Ms. Cheryl
Collins, Program Manager, Docket Operations, telephone 202-366-9826.

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)

[[Page 59451]]

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. DOT (Secretary) delegated oversight of these provisions to the
Federal Highway Administration (FHWA), a predecessor agency of the
FMCSA. The FMCSA Administrator has been delegated 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).
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 noted 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. 551-706)
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 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 or update obsolete references,
and make minor 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 is
unnecessary; thus 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 revisions 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 355

Appendix A to Part 355. Under the section for ``Regulatory
Review,'' the paragraph titled ``Hours of Service of Drivers'' is
revised to account for the final rules of December 27, 2011 (76 FR
81134) and October 28, 2013 (78 FR 64179). In addition, new text
summarizing requirements for passenger carriers is added.

Part 365

Section 365.405. In paragraph (a)(1), the name of the office that
receives filings of Form OP-FC-1 is changed from the former name ``IT
Operations Division (MC-RIO)'' to ``Office of Registration and Safety
Information (MC-RS).''
Section 365.411. In paragraph (b), the name of the office that
receives filings of protests and petitions for reconsideration is
changed from the former ``IT Operations Division (MC-RIO)'' to ``Office
of Registration and Safety Information (MC-RS).''
Section 365.413. In paragraph (b), the name of the office that
receives filings of protests and petitions for reconsideration is
changed from the former ``IT Operations Division (MC-RIO)'' to ``Office
of Registration and Safety Information (MC-RS).''

Part 369

Section 369.6. The phrase ``Office of Information Technology'' (MC-
RI) is removed and replaced with the phrase ``Office of Registration
and Safety Information (MC-RS)'' to reflect the proper name of the
office with such responsibilities.

Part 383

Section 383.3. The Interpretative rule referenced in Question 18
and responsive Guidance to Sec. 383.3 is removed. Question 18 was
published April 4, 1997 (65 FR 16394). FMCSA rescinds that
interpretation and motor carriers should no longer rely on that
guidance since it was made obsolete by the Hazardous Materials
Transportation Uniform Safety Act of 1990 Sec. 4, (Pub. L. 101-615,
Nov. 16, 1990), which granted the Pipeline and Hazardous Materials
Safety Administration jurisdiction over intrastate hazardous materials.
The Hazardous Materials Regulations (HMRs) apply to the transport of
hazardous materials requiring placarding, regardless of the type of
vehicle utilized. Also note that this deletion ensures internal
consistency with related guidance. Specifically, guidance to Sec.
383.97, Question 7, clarifies that all drivers of vehicles required to
be placarded need to have a Commercial Driver's License (CDL) with an
HM endorsement.
Section 383.5. First, under the definition for ``Conviction,'' the
word ``probated'' is removed and replaced with the word ``prorated'' to
correct an error. Second, the definition of commercial motor vehicle is
amended to add the names of the three vehicle

[[Page 59452]]

groups listed in 49 CFR 383.91(a): Combination Vehicle (Group A), Heavy
Straight Vehicle (Group B), and those vehicles that meet neither the
Group A nor Group B requirements (Group C). This amendment does not
change the applicability of the commercial driver's license (CDL)
requirements in any way, but provides a practical means for the reader
to understand how the four individual components of the definition in
Sec. 383.5 align with the three vehicle groups listed in Sec. 383.91.
As such, the amended definition provides a valuable reference tool for
CDL applicants and holders, employers, and motor carrier enforcement
personnel by eliminating the need to reference multiple sections within
part 383.
Section 383.73. The March 25, 2013 CDL Testing and CLP Standards
final rule (78 FR 17875) made revisions to several provisions of parts
383 and 384 to include a prohibition on the transfer of Commercial
Learner's Permits (CLPs) as provided in the Commercial Driver's License
Information System (CDLIS) State Procedures Manual incorporated by
reference in 49 CFR 384.107. The March 2013 final rule inadvertently
omitted from paragraph (n)(1) conforming changes to reflect the CLP
transfer prohibition. To correct this omission, first, in paragraph
(n)(1), the phrase ``or upgraded CLP, or an initial, renewed'' is added
after the word ``renewed.'' Also, after the first instance of the word
``upgraded'' the phrase ``or transferred CLP or'' is removed. The other
change in paragraph (n)(1) concerns knowledge and skills test scores
verification before a transferred CDL is issued. Verification of test
scores is not needed when a CDL is transferred to another State because
the scores were previously verified when the CDL was initially issued
in the former State of record. This change is consistent with the
requirements in Sec. Sec. 383.135(c) and 384.225 that exclude the test
scores from being part of the CDLIS driver record (as defined by 49 CFR
383.5) that is required to be sent to the new State of record upon
transfer of a CDL. Therefore, States cannot and need not enforce the
knowledge and skills test scores verification requirements for a CDL
transferred to a new State of record under Sec. 383.73(n)(1). This
amendment addresses this issue by removing the requirement to verify
knowledge and skills test scores when a CDL is transferred to a new
State of record.
In paragraph (o)(4), after the third instance of the word
``medical'' the following phrase is added: ``examiner's certificate is
voided or rescinded or a medical.'' This clarifies statutory authority
granted to FMCSA under 49 U.S.C. section 31149(c)(2) for FMCSA to void
a medical examiner's certificate for a CLP or CDL under certain
circumstances.

Part 384

Section 384.107. The entire section was revised according to the
incorporation by reference drafting requirements of the Office of the
Federal Register. In paragraph (b), the incorporation by reference of
the AAMVA ``Commercial Driver's License Information System (CDLIS)
State Procedures Manual,'' Release 5.2.0, February 2011, is replaced by
the updated version, Commercial Driver's License Information System
(CDLIS) State Procedures Manual,'' Release 5.3.2.1, August 2013. This
change reflects a routine update of the referenced manual to include
clarifications of procedures related to the medical examiner's
certification as part of the CDL, modification of procedures to reflect
the Federal requirements in the CDL Testing and CLP Standards final
rule and the renumbering of sections and cross-references. Paragraph
(c) is deleted to address the incorporation by reference drafting
requirements of the Office of the Federal Register. The scope of the
incorporation by reference is otherwise unchanged.
Section 384.206. Paragraph (a)(1) is amended by clarifying that
CLPs cannot be transferred from one State to another State. The March
25, 2013 CDL Testing and CLP standards final rule made revisions to
several sections of 49 CFR parts 383 and 384 to include a prohibition
on the transfer of CLPs, but conforming changes to this section were
mistakenly omitted. This amendment addresses this omission.
Section 384.209. Paragraph (b)(2) is amended by adding the phrase
``from a foreign country'' after the phrase ``a person'' to implement
MAP-21 section 32203(b) requiring reporting of convictions of a foreign
commercial driver to the Federal Convictions and Withdrawal Database.
The current language could be seen as applying to all commercial
drivers from the United States, but that contradicts the plain language
of the statute limiting application to a foreign commercial driver.
Section 384.212. In paragraph (b), the phrase ``CLP or,''
inadvertently appears twice. The March 25, 2013 CDL Testing and CLP
Standards final rule made revisions to several sections of 49 CFR parts
383 and 384 to include a prohibition on the transfer of CLPs, but
mistakenly omitted conforming changes to this section. This amendment
addresses that omission.
Section 384.225. Paragraph (e) is amended to ensure the language
properly correlates with the section's lead in language ``the state
must,'' and, thus, is grammatically correct. The word ``allow'' is
inserted and the word ``may'' is replaced by the word ``to'' for
clarity.
Paragraph (f) is amended by changing ``The'' to ``Ensure the'' at
the beginning of the paragraph for grammatical precision. Also, the
phrase regarding the National Law Enforcement Telecommunications System
(NLETS) is removed, since NLETS is not maintaining the CDLIS system,
but only has the ability to access CDLIS data.
Section 384.228. Paragraph (j)(2) is moved to paragraph (h)(3).
Movement of this text reflects new requirements placed in paragraph
(h)(1) as part of the March 25, 2013 CDL Testing and CLP Standards
final rule (78 FR 17875), which changed background checks from an
annual requirement to a one-time event. This is a conforming amendment
to retain existing requirements for such background checks and to place
such requirements in the appropriate place within Sec. 384.228.
Section 384.229. Paragraph (b) is amended by deleting the sentence
beginning after ``examiners,'' which reads: ``For third party testers
and examiners who were granted the training and skills testing
exception under Sec. 383.75(a)(7), the covert and overt monitoring
must be performed at least once every year;.'' The March 25, 2013 CDL
Testing and CLP Standards final rule (78 FR 17875) removed the
exception under Sec. 383.75(a)(7) referenced in Sec. 384.229. This is
a conforming amendment to clarify that the exception was deleted.
Section 384.305. In the final untitled paragraph, the phrase
``Approved by the Office of Management and Budget under control number
2125-0542'' is deleted for clarity. The reference to a specific OMB
information collection is outdated and confusing in the context of the
State certification requirements.

Part 385

Section 385.308. Paragraph (a)(1) is corrected by adding the word
``motor'' after ``commercial'' and before ``vehicle'' to provide the
proper term ``commercial motor vehicle,'' as utilized in part 385 and
defined in Sec. 385.3.
Section VII of Part 385, Appendix B. In the ``List of Acute and
Critical Regulations'' the following paragraph regarding Sec.
397.101(d) is deleted: ``Requiring or permitting the operation of a
motor vehicle containing highway route-controlled quantity, as defined
in

[[Page 59453]]

Sec. 173.403, of radioactive materials that is not accompanied by a
written route plan.'' This provision was mistakenly added to part 385,
Appendix B and will therefore be deleted.

Part 387

Section 387.15. The references to OMB numbers 2125-0074 and 2125-
0075 are deleted for clarity in Illustrations I and II respectively.
Such references to specific OMB information collection approvals are
outdated, confusing, and superfluous in the context of the rules'
sample illustrations of insurance and surety bond forms.
Section 387.39. The reference to OMB approval under control number
2125-0518 is deleted for clarity. This reference to a specific OMB
information collection approval is outdated, confusing, and superfluous
in the context of the rules' sample illustration of a motor carrier
public liability surety bond.

Part 390

Section 390.5. First, under the definition of ``Conviction,'' the
word ``probated'' is removed and replaced with the word ``prorated'' to
correct an error. Second, a definition of ``Crash'' that cross-
references the existing definition of ``Accident'' in 49 CFR 390.5 is
added to clarify that these terms are synonymous.
Section 390.19. In paragraph (d), the name of the office to file
forms MCS-150, MCS-150B and MCS-150C is changed in the first sentence
from ``Office of Information Management'' to ``Office of Registration
and Safety Information.'' Also, in the first sentence after the word
``with'' the word ``the'' is inserted to correct the grammar. In the
second sentence, the office to file forms with is changed from ``Office
of Information Management, MC-RIO'' to ``Office of Registration and
Safety Information (MC-RS).''
Section 390.40. The cross-reference to Sec. 386.72(b)(1) in
paragraph (j) is an error and is replaced with the correct cross-
reference to section 386.72(b)(3).

Part 391

Section 391.63. The reference to approval under OMB control number
2125-0081 is deleted for clarity. This reference to a specific OMB
information collection approval is outdated, confusing, and superfluous
in the context of the rules' description of the obligations for motor
carriers employing multiple-employer drivers.

Part 392

Section 392.5. In paragraph (a)(3), the word ``and'' is changed to
``or'' to correct an error.

Part 395

Section 395.8. The reference to OMB approval under control number
2125-0016 is deleted for clarity. This reference to a specific OMB
information collection approval is outdated, confusing, and superfluous
in the context of the rule's sample illustration of regulations, which
generally outline drivers' record of duty status obligations and
provide a sample duty status graph grid.

Part 397

Section 397.69. Paragraph (b) is amended to reflect statutory
changes under section 33013(b) of MAP-21, which amended 49 U.S.C.
5125(c)(1) to require publication of highway route designations in the
Department's hazardous materials route registry under 49 U.S.C.
5112(c). The citation to section 105(b)(4) of the Hazardous Materials
Transportation Act is deleted since it is now obsolete. Language
regarding an effective date of November 14, 1996, is also deleted since
it is also obsolete.
In paragraph (c), the phrase ``of this subpart'' is amended to read
``of this part'' to correct an inaccurate reference.
Section 397.73. In paragraph (a), footnote 2 is deleted and
replaced by an internet link for convenience. Also, the reference to
FMCSA is replaced by the ``Federal Highway Administration (FHWA),''
since that latter agency is the correct publisher of the ``Manual on
Uniform Traffic Control Devices for Streets and Highways.''
In paragraph (b), additional text is added since section 33013(a)
of MAP-21 amended 49 U.S.C. section 5112(c) to add State reporting
requirements, which include the name of the responsible agency for
hazmat materials highway route designations. In addition, the phrase
``regarding designations existing on November 14, 1994'' is deleted as
obsolete. Also, based on a new requirement from section 33013(b) of
MAP- 21, a State or Tribally-designated route is effective only after
it is published in FMCSA's Hazardous Materials Route Registry. This
requirement is added as new paragraph (c).
The reference to OMB approval under control number 2125-0554 at the
end of the section is deleted for clarity. Such a reference to a
specific OMB information collection approval is outdated, confusing,
and superfluous in the context of the rule's public information and
reporting requirements.
Section 397.103. Based on a new publication requirement from
section 33013(b) of MAP-21, the following sentence will be added as a
new paragraph (c)(3) to clarify when a new routing designation is
effective for radioactive materials: ``The route is published in
FMCSA's Hazardous Materials Route Registry.''

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 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 makes only minor editorial corrections and
places no new requirements on the regulated industry, FMCSA certifies
that this action will not have a significant economic impact on a
substantial number of small entities.

Unfunded Mandates Reform Act

The final rule will not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et
seq.), that will result in the expenditure by State, local and tribal
governments, in the aggregate, or by the private sector, of $141.9
million (which is the value of $100 million in 2010 after adjusting for
inflation) 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

[[Page 59454]]

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

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 found in this rulemaking; therefore preparation of
an environmental assessment or environmental impact statement is not
necessary.
The FMCSA also analyzed this rule under the Clean Air Act, as
amended (CAA), section 176(c) (42 U.S.C. 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.

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 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 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, Incorporation by reference, and Motor carriers.

[[Page 59455]]

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 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 390

Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.

49 CFR Part 391

Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety,
Transportation.

49 CFR Part 392

Driving of Commercial Motor Vehicles.

49 CFR Part 395

Highway safety, Motor carriers, 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 355, 365, 369, 383, 384, 385, 387, 390, 391, 392, 395, and
397, as set forth below:

PART 355--COMPATIBILITY OF STATE LAWS AND REGULATIONS AFFECTING
INTERSTATE MOTOR CARRIER OPERATIONS

0
1. The authority citation for part 355 continues to read as follows:

Authority: 49 U.S.C. 504 and 31101 et seq.; 49 CFR 1.87.

0
2. Amend appendix A to part 355 by revising the paragraphs titled
``Hours of Service of Drivers'' to read as follows:

Appendix A to Part 355--Guidelines for the Regulatory Review

* * * * *

Hours of Service of Drivers

The following is a high-level summary of the hours-of-service
regulations governing property and passenger carriers. The
description below outlines only some of the major provisions, but
does not capture all the detailed requirements. For the detailed
provisions, which include rest breaks, sleeper berth, and records of
duty status issues, see part 395 of this subchapter.
The hours-of-service regulations prohibit both property and
passenger carriers from allowing or requiring any driver to drive as
follows:
1. Property. More than 11 hours after 10 consecutive hours off
duty within a consecutive 14-hour duty period, and more than 60/70
hours on duty in 7/8 consecutive days. A driver may restart a 7/8
consecutive day period after taking 34 or more consecutive hours off
duty, which includes two periods from 1 a.m. to 5 a.m., home
terminal time. The restart may be used only once per week, or 168
hours, measured from the beginning of the previous restart.
2. Passenger. More than 10 hours after 8 consecutive hours off
duty within a 15-hour duty period, and more than 60/70 hours on duty
in 7/8 consecutive days.
* * * * *

PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

0
3. The authority citation for part 365 continues to read as follows:

Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-
13906, 14708, 31138, and 31144; and 49 CFR 1.87.

Sec. 365.405 [Amended]

0
4. Amend Sec. 365.405(a)(1) by removing the phrase ``IT Operations
Division (MC-RIO)'' and adding in its place the phrase ``Office of
Registration and Safety Information (MC-RS)''.

Sec. 365.411 [Amended]

0
5. Amend Sec. 365.411(b) by removing the phrase ``IT Operations
Division (MC-RIO)'' and adding in its place the phrase ``Office of
Registration and Safety Information (MC-RS)''.

Sec. 365.413 [Amended]

0
6. Amend Sec. 365.413(b) introductory text by removing the phrase ``IT
Operations Division (MC-RIO)'' and adding in its place the phrase
``Office of Registration and Safety Information (MC-RS)''.

PART 369--REPORTS OF MOTOR CARRIERS

0
7. The authority citation for part 369 continues to read as follows:

Authority: 49 U.S.C. 14123; 49 CFR 1.87.

Sec. 369.6 [Amended]

0
8. Amend Sec. 369.6 by removing the phrase ``Office of Information
Technology (MC-RI)'' and adding in its place the phrase ``Office of
Registration and Safety Information (MC-RS)''.

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES

0
9. 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
10. Amend Sec. 383.5 by revising the definitions of ``Commercial motor
vehicle (CMV)'' and ``Conviction'' to read as follows:

Sec. 383.5 Definitions.

* * * * *
Commercial motor vehicle (CMV) means a motor vehicle or combination
of motor vehicles used in commerce to transport passengers or property
if the motor vehicle is a--
(1) Combination Vehicle (Group A)--having a gross combination
weight rating or gross combination weight of 11,794 kilograms or more
(26,001 pounds or more), whichever is greater, inclusive of a towed
unit(s) with a gross vehicle weight rating or gross vehicle weight of
more than 4,536 kilograms (10,000 pounds), whichever is greater; or
(2) Heavy Straight Vehicle (Group B)--having a gross vehicle weight
rating or gross vehicle weight of 11,794 or more kilograms (26,001
pounds or more), whichever is greater; or
(3) Small Vehicle (Group C)--(i) that does not meet Group A or B
requirements;
(ii) Is designed to transport 16 or more passengers, including the
driver; or
(iii) Is of any size and is used in the transportation of hazardous
materials as defined in this section.
* * * * *
Conviction means an unvacated adjudication of guilt, or a
determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or by an authorized
administrative tribunal, an unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court, a plea of guilty
or nolo contendere accepted by the court, the payment of a fine or
court cost, or violation of a condition of release without bail,
regardless of whether or

[[Page 59456]]

not the penalty is rebated, suspended, or prorated.
* * * * *

0
11. Amend Sec. 383.73 by revising paragraphs (n)(1) and (o)(4)(i)
introductory text to read as follows:

Sec. 383.73 State procedures.

* * * * *
(n) * * *
(1) Prevent the issuance of an initial, renewed or upgraded CLP or
an initial, renewed, upgraded, or transferred CDL when the results of
transactions indicate the applicant is unqualified. These controls, at
a minimum, must be established for the following transactions: State,
CDLIS, and PDPS driver record checks; and Social Security Number
verification. Knowledge and skills test scores verification controls
must be established for an initial, renewed, or upgraded CDL.
* * * * *
(o) * * *
(4) * * * (i) Beginning January 30, 2012, if a driver's medical
certification or medical variance expires, or FMCSA notifies the State
that a medical examiner's certificate is voided or rescinded or a
medical variance was removed or rescinded, the State must:
* * * * *

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
12. 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.

0
13. Revise Sec. 384.107 to read as follows:

Sec. 384.107 Matter incorporated by reference.

(a) Incorporation by reference. This part includes references to
certain matter or materials. The text of the materials is not included
in the regulations contained in this part. The materials are hereby
made a part of the regulations in this part. The Director of the Office
of the Federal Register has approved the materials incorporated by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For
materials subject to change, only the specific version approved by the
Director of the Office of the Federal Register and specified in the
regulation are incorporated. Material is incorporated as it exists on
the date of the approval and a notice of any change in these materials
will be published in the Federal Register. All of the materials
incorporated by reference are available from the sources listed below
and available for inspection at the Department of Transportation
Library, 1200 New Jersey Ave. SE., Washington, DC 20590-0001; telephone
is (202) 366-0746. These documents are also available for inspection
and copying as provided in 49 CFR part 7. They are also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) The American Association of Motor Vehicle Administrators
(AAMVA), 4301 Wilson Boulevard, Suite 400, Arlington, VA 22203, (703)
522-1300, http://www.aamva.org.
(1) ``Commercial Driver's License Information System (CDLIS) State
Procedures Manual,'' Release 5.3.2.1, August 2013, incorporation by
reference approved for Sec. Sec. 384.225(f) and 384.231(d).
(2) [Reserved]

0
14. Amend Sec. 384.206 by revising (a)(1) introductory text to read as
follows:

Sec. 384.206 State record checks.

(a) * * *
(1) Before issuing, renewing, or upgrading a CLP or issuing,
renewing, upgrading or transferring CDL to any person, the driver's
State of record must, within the period of time specified in Sec.
384.232, check its own driver records as follows:
* * * * *

Sec. 384.209 [Amended]

0
15. Amend Sec. 384.209(b)(2) by adding the phrase ``from a foreign
country'' after the phrase ``a person'' and before the phrase ``who is
unlicensed.''

0
16. Revise Sec. 384.212(b) to read as follows:

Sec. 384.212 Domicile requirement.

* * * * *
(b) The State must require any person holding a CDL issued by
another State to apply for a transfer CDL from the State within 30 days
after establishing domicile in the State, as specified in Sec.
383.71(c) of this subchapter.
0
17. Amend Sec. 384.225 by revising paragraph (e) introductory text and
paragraph (f) to read as follows:

Sec. 384.225 CDLIS driver recordkeeping.

* * * * *
(e) Only allow the following users or their authorized agents to
receive the designated information:
* * * * *
(f) Ensure the content of the report provided a user authorized by
paragraph (e) of this section from the CDLIS driver record is
comparable to the report that would be generated by a CDLIS State-to-
State request for a CDLIS driver history, as defined in the ``CDLIS
State Procedures Manual'' (incorporated by reference, see Sec.
384.107(b)), and must include the medical certification status
information of the driver in paragraph (a)(2) of this section. This
does not preclude authorized users from requesting a CDLIS driver
status.
0
18. Amend Sec. 384.228 by adding paragraph (h)(3) and revising
paragraph (j) to read as follows:

Sec. 384.228 Examiner training and record checks.

* * * * *
(h) * * *
(3) Criteria for not passing the criminal background check must
include at least the following: (i) Any felony conviction within the
last 10 years; or (ii) Any conviction involving fraudulent activities.
(j) Rescind the certification to administer CDL tests of all test
examiners who do not successfully complete the required refresher
training every 4 years.
* * * * *

0
19. Revise Sec. 384.229(b) to read as follows:

Sec. 384.229 Skills test examiner auditing and monitoring.

* * * * *
(b) At least once every 2 years, conduct covert and overt
monitoring of examinations performed by State and third party CDL
skills test examiners.
* * * * *

Sec. 384.305 [Amended]

0
20. Amend Sec. 384.305 by removing the phrase ``(Approved by the
Office of Management and Budget under control number 2125-0542)'' at
the end of the section.

PART 385--SAFETY FITNESS PROCEDURES

0
21. 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.

[[Page 59457]]

Sec. 385.308 [Amended]

0
22. Amend Sec. 385.308(a)(1) by adding the word ``motor'' after the
word ``commercial'' and before the word ``vehicle.''

Appendix B to Part 385 [Amended]

0
23. In Appendix B to Part 385, section VII, List of Acute and Critical
Regulations, remove the entry for Sec. 397.101(d), which reads
``Requiring or permitting the operation of a motor vehicle containing
highway route-controlled quantity, as defined in Sec. 173.403, of
radioactive materials that is not accompanied by a written route
plan.''

PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS

0
24. 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. 387.15 [Amended]

0
25. Amend Sec. 387.15 as follows:
0
a. Remove the designation ``OMB No. 2125-0074'' under the center
heading ``Illustration I'' and following the phrase ``Form Approved.''
0
b. Remove the phrase ``(Form approved by Office of Management and
Budget under control no. 2125-0075)'' under the center heading
``Illustration II'' and following the phrase ``Form MCS-82 (4/83).''

Sec. 387.39 [Amended]

0
26. Amend Sec. 387.39 by removing the phrase ``(Approved by the Office
of Management and Budget under control number 2125-0518)'' at the end
of the section.

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
27. The authority citation for part 390 is revised 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.

0
28. Amend Sec. 390.5 as follows:
0
a. In the definition of ``Conviction'' remove the word ``probated'' and
add in its place the word ``prorated.''
0
b. Add a definition for ``Crash'' in alphabetical order.

Sec. 390.5 Definitions.

* * * * *
Crash--See accident.
* * * * *

0
29. Revise Sec. 390.19(d) to read as follows:

Sec. 390.19 Motor carrier, hazardous material shipper, and intermodal
equipment provider identification reports.

* * * * *
(d) Where to file. The required form under paragraph (a) of this
section must be filed with the FMCSA Office of Registration and Safety
Information. The form may be filed electronically according to the
instructions at the Agency's Web site, or it may be sent to Federal
Motor Carrier Safety Administration, Office of Registration and Safety
Information (MC-RS), 1200 New Jersey Avenue SE., Washington, DC 20590.
* * * * *

Sec. 390.40 [Amended]

0
30. Amend Sec. 390.40(j) by removing the reference ``Sec.
386.72(b)(1)'' and adding in its place ``Sec. 386.72(b)(3)''.

PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS

0
31. 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. 391.63 [Amended]

0
32. Amend Sec. 391.63 by removing the phrase ``(Approved by the Office
of Management and Budget under control number 2125-0081)''.

PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES

0
33. The authority citation for part 392 continues to read as follows:

Authority: 49 U.S.C. 504, 13902, 31136, 31151, 31502; Section
112 of Pub. L. 103-311, 108 Stat. 1673, 1676 (1994), as amended by
sec. 32509 of Pub. L. 112-141, 126 Stat. 405, 805 (2012); and 49 CFR
1.87.

Sec. 392.5 [Amended]

0
34. Amend Sec. 392.5(a)(3) introductory text by removing the word
``and'' and adding in its place the word ``or.''

PART 395--HOURS OF SERVICE OF DRIVERS

0
35. 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.

Sec. 395.8 [Amended]

0
36. Amend Sec. 395.8 by removing the phrase ``(Approved by the Office
of Management and Budget under control number 2125-0016)'' at the end
of the section.

PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND
PARKING RULES

0
37. The authority citation for part 397 continues to read as follows:

Authority: 49 U.S.C. 322; 49 CFR 1.87. Subpart A also issued
under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.97. Subparts C, D,
and E also issued under 49 U.S.C. 5112, 5125.

0
38. Amend Sec. 397.69 by revising paragraphs (b) and (c) to read as
follows:

Sec. 397.69 Highway routing designations; preemption.

* * * * *
(b) Except as provided in Sec. Sec. 397.75 and 397.219, an NRHM
route designation made in violation of paragraph (a) of this section is
preempted pursuant to 49 U.S.C. 5125(c).
(c) A highway routing designation established by a State, political
subdivision, or Indian tribe before November 14, 1994 is subject to
preemption in accordance with the preemption standards in paragraphs
(a)(1) and (a)(2) of Sec. 397.203.
* * * * *

0
39. Revise Sec. 397.73 to read as follows:

Sec. 397.73 Public information and reporting requirements.

(a) Public information. Information on NRHM routing designations
must be made available by the States and Indian tribes to the public in
the form of maps, lists, road signs or some combination thereof. If
road signs are used, those signs and their placements must comply with
the provisions of the Manual on Uniform Traffic Control Devices for
Streets and Highways, published by the Federal Highway Administration

[[Page 59458]]

(FHWA), particularly the Hazardous Cargo signs identified as R14-2 and
R14-3 shown in Section 2B-62 of that Manual. This publication may be
accessed free of charge on the Internet at http://mutcd.fhwa.dot.gov/.
(b) Reporting and publishing requirements. Each State or Indian
tribe, through its routing agency, shall provide information
identifying all NRHM routing designations that exist within its
jurisdiction to the Federal Motor Carrier Safety Administration, Office
of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave. SE.,
Washington, DC 20590-0001. States shall also submit to FMCSA the
current name of the State agency responsible for NHRM highway routing
designations. The State or Indian tribe shall include descriptions of
these routing designations, along with the dates they were established.
This information may also be published in each State's official
register of State regulations. Information on any subsequent changes or
new NRHM routing designations shall be furnished within 60 days after
establishment to the FMCSA. This information will be available from the
FMCSA, consolidated by the FMCSA, and published annually in whole or as
updates in the Federal Register. Each State may also publish this
information in its official register of State regulations.
(c) A State or Tribally-designated route is effective only after it
is published in the Federal Register in FMCSA's Hazardous Materials
Route Registry.

0
40. Amend Sec. 397.103 by adding a new paragraph (c)(3) to read as
follows:

Sec. 397.103 Requirements for State routing designations.

* * * * *
(c) * * *
(3) The route is published in FMCSA's Hazardous Materials Route
Registry.
* * * * *

Issued under authority delegated in 49 CFR 1.87 on: September
23, 2014.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2014-23433 Filed 10-1-14; 8:45 am]
BILLING CODE 4910-EX-P