General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations |
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T.F. Scott Darling III
Federal Motor Carrier Safety Administration
October 1, 2015
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Rules and Regulations]
[Pages 59065-59075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24635]
[[Page 59065]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 350, 365, 375, 377, 381, 383, 384, 385, 387, 389, 390,
391, 393, 395, 396, 397, and Appendix F to Subchapter B of Chapter
III
[Docket No. FMCSA-2015-0207]
RIN 2126-AB83
General Technical, Organizational, Conforming, and Correcting
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
and ministerial 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 cross references,
restore an inadvertent deletion of the reference to an Underwriters
Laboratories' standard, and improve clarity and consistency of certain
regulatory provisions. This rule does not make any substantive changes
to the affected regulations, except to remove one obsolete provision.
DATES: The final rule is effective October 1, 2015.
FOR FURTHER INFORMATION CONTACT: Mr. David Miller, Federal Motor
Carrier Safety Administration, Regulatory Development Division, 1200
New Jersey Avenue SE., Washington, DC 20590-0001, by telephone at (202)
366-5370 or via email at FMCSAregs@dot.gov. Office hours are from 9
a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays.
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 United States Code (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 49 U.S.C.
chapter 315. The regulations issued under this authority became known
as the Federal Motor Carrier Safety Regulations (FMCSRs), appearing
generally at 49 CFR parts 350-399. The administrative powers to enforce
chapter 315 were also transferred from the ICC to the DOT in 1966 and
appear in 49 U.S.C. chapter 5. The Secretary of the DOT (Secretary)
delegated oversight of these provisions to the Federal Highway
Administration (FHWA), a predecessor agency of 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 (MCSA); 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 DOT, effective January 1, 2000. The
motor carrier safety responsibilities previously assigned to both ICC
and 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 specific regulations amended by this rule are based on the
statutes detailed above. Generally, 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)(3)(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, FMCSA finds
good cause that notice and public comment on this final rule is
unnecessary.
The APA also allows agencies to make rules effective upon
publication with good cause (5 U.S.C. 553 (d)(3)), instead of requiring
publication 30 days prior to the effective date. For the reasons
already stated, FMCSA finds there is good cause for this rule to 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 (with one exception) do they make substantive
changes to the CFR.
[[Page 59066]]
Section-by-Section Analysis
This section-by-section analysis describes the technical amendment
provisions and corrections in numerical order.
Part 350
Section 350.105. Under the section for ``Definitions,'' the term
``Basic Program Funds'' is defined to mean total Motor Carrier Safety
Assistance Program (MCSAP) funds less other funds, including ``Border
Activity Funds.'' An October 1, 2012 (77 FR 59823) rulemaking, however,
deleted the definition of ``Border Activity Funds'' because a statute
mandated that such funds be removed from MCSAP. Therefore, FMCSA
removes the words ``Border Activity'' from the definition of ``Basic
Program Funds.''
In addition, the SAFETEA-LU amendments, published July 5, 2007 (72
FR 36760), added ``New Entrant'' funds as a set aside of up to
$29,000,000 from MCSAP grant funds per fiscal year, making grants
available from this amount to State and local governments for new
entrant motor carrier audits without requiring a matching contribution
from such governments. Although references to new entrant funds were
added in various places in that final rule, the term was not added to
the definition of the term ``Basic Program Funds'' as one of the funds
to be subtracted from total MCSAP funds--similar to High Priority
Activity, Administrative Takedown, and Incentive Funds. Therefore,
Agency adds the term ``New Entrant'' to the definition of ``Basic
Program Funds.''
Section 350.201. This section answers the question ``What
conditions must a State meet to qualify for Basic Program Funds?'' MAP-
21 added a 26th condition in paragraph (z); but the October 1, 2013 (78
FR 60226, at 60230), rule did not update the introductory phrase to
change the 25 conditions to 26 conditions. This final rule adds the
reference to the 26th condition to the introductory text of the
section.
Paragraph (y) requires the State to ensure that bus inspections are
conducted at a location such as ``a border maintenance facility, . . .
or other location'' where motor carriers make planned stops. However,
the correct phrase in SAFETEA-LU is ``border crossing, maintenance
facility, . . . or other locations.'' The July 5, 2007 (72 FR 36769)
rule, which added Sec. 350.201(y), inadvertently omitted the word
``crossing,'' which FMCSA adds through this technical amendment.
Part 365
Section 365.503. Paragraph (d) references an outdated universal
resource locator (URL) on the Internet. The correct URL, which is
http://www.fmcsa.dot.gov/mission/forms, replaces the current reference.
Part 375
Section 375.201. Paragraph (d) references Sec. 375.303(g), but
paragraph (g) was redesignated as Sec. 375.303(c)(5) on March 5, 2004
(69 FR 10575). This technical amendment replaces the reference to Sec.
375.303(g) with Sec. 375.303(c)(5).
Section 375.501. This section answers the question ``Must I write
up an order for service?'' Paragraph (h) states that the valuation
statement can be included in the bill of lading or order for service.
On January 12, 2012, the Surface Transportation Board (STB) served a
decision amending its released rates order. See ``Released Rates of
Motor Common Carriers of Household Goods,'' Surface Transportation
Board, Docket No. RR 999 (Amendment No. 5), Order, January 10, 2012.
Among other things, that decision directed household goods motor
carriers to provide the STB's required valuation statement on the
shipper's bill of lading. To conform part 375 to these changes, FMCSA
published a final rule amending Sec. 375.505(b)(12) and removing Sec.
375.505(e), both of which previously stated that the carrier had the
option of including the valuation statement on either the bill of
lading or order for service. See ``Transportation of Household Goods in
Interstate Commerce; Consumer Protection Regulations: Released Rates of
Motor Carriers of Household Goods,'' Docket No. FMCSA-2012-0101, 77 FR
25371, April 30, 2012. New Sec. 375.505(b)(12) no longer includes any
language granting the choice and Sec. 375.505(e) no longer exists.
Therefore, this technical amendment removes the language granting the
choice and requires household goods motor carriers to provide the STB's
required valuation statement on the shipper's bill of lading only.
Section 375.505. Both the eCFR version and the printed CFR version
show paragraph (b)(12) incorrectly labeled. Paragraph (b)(12) should
just be labeled (12). The extra (b) in front of (12) is removed.
Appendix A, Subpart A, Definitions. For the most part, the
definitions in Appendix A mirror the definitions in Sec. 375.103. The
definition of ``Advertisement'' in Sec. 375.103 was updated on October
1, 2012 (77 FR 59823), to include the motor carrier's name and address
on an Internet Web site (``or displayed on an Internet Web site'').
FMCSA updates the definition in the appendix to conform with Sec.
375.103.
Part 377
Section 377.211. This section contains a cross-reference to Sec.
386.32(a), but that section no longer exists. It was removed by a May
18, 2005 (70 FR 28475) rule and the provision's language was moved to
Sec. 386.8. This technical amendment replaces the reference to Sec.
386.32(a) with a reference to Sec. 386.8.
Part 381
Section 381.110. In the definition for ``FMCSRs,'' this section
contains a reference to Sec. 385.21, but that section was removed on
June 2, 2000 (65 FR 35295), and its requirements were combined with
those of former Sec. 385.23 in a new Sec. 390.19. FMCSA corrects this
error by changing the reference to ``Sec. 390.19.''
Part 383
Section 383.5. On October 2, 2014 (79 FR 59455), FMCSA incorrectly
revised the definition of ``Commercial motor vehicle (CMV)'' in Sec.
383.5. The revision added paragraphs (1), (2), and (3) for Groups A, B,
and C, respectively. Paragraph (3) was further divided into three
definitions of a Group C vehicle, designated as paragraphs (3)(i),
(ii), and (iii). This part of the revised CMV definition now says:
``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 * * * (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.''
The ``or'' between paragraphs (3)(ii) and (3)(iii), in italic
above, means that paragraphs (3)(i), (ii), and (iii) are alternative
definitions of a Group C vehicle, which is clearly not the case. There
should be only two alternative definitions. Instead, paragraph (3) of
the definition of ``commercial motor vehicle'' in Sec. 383.5 should
mirror the definition of a Group C vehicle in Sec. 383.91(a)(3): ``(3)
Small Vehicle (Group C)--Any single vehicle, or combination of
vehicles, that meets neither the definition of Group A nor that of
Group B as contained in this section, but that either is designed to
transport 16 or more passengers including the driver, or is used in the
transportation of materials found to be
[[Page 59067]]
hazardous for the purposes of the hazardous materials as defined in
Sec. 383.5.''
The definition of the term ``commercial motor vehicle'' in Sec.
383.5 is corrected to clarify that there are only two alternative
definitions for a Group C vehicle. See below for a change to Sec.
383.91(a)(3), which was referenced in this explanation.
In addition, in the definitions for ``Alcohol or alcoholic
beverage,'' ``Commerce,'' and ``Driving a commercial motor vehicle
while under the influence of alcohol,'' paragraphs are renumbered to
conform to current Federal Register style. A cross reference and a
grammatical correction are also made in the definition for
``Commerce.''
Section 383.71. A number of amendments in the September 24, 2013
(78 FR 58470), technical amendments rule were incorporated into the CFR
incorrectly, and are corrected in this rule. The following corrections
comport with the September 24, 2013 (78 FR 58470) technical amendment.
In paragraphs (a)(1) introductory text and (a)(2) introductory text,
the Agency removes the date ``July 8, 2014'' in every place it appears
and replaces it with ``July 8, 2015.'' In paragraph (g), FMCSA replaces
the reference to ``Sec. 383.71'' with a reference to ``Sec.
383.71(b)(1).'' Also in paragraph (g), FMCSA removes the phrase ``on or
after January 30, 2012, but not later than January 30, 2014'' because
the requirement has been in effect for nearly 2 years since the 2014
``not later than'' date and it is no longer needed.
Section 383.72. This section cross-references ``Sec. 383.51(b),
Table 1, item (4),'' however, this does not follow the same format as
other cross-references to Sec. 383.51 tables. FMCSA revises Sec.
383.72 to change the format of the cross-reference to ``item (4) of
Table 1 to Sec. 383.51 of this subpart''.
Section 383.73. The following correction comports with the
September 24, 2013 (78 FR 58470) technical amendment. In paragraph
(a)(2) introductory text, FMCSA removes the date ``July 8, 2014'' in
every place it appears and replaces it with ``July 8, 2015.''
Section 383.91. FMCSA corrects paragraph (a)(3) by removing the
phrase ``materials found to be hazardous for the purposes of the'',
which was inadvertently not deleted from the CFR when the paragraph was
revised in an October 1, 2012 (77 FR 59825) rulemaking.
Part 384
Section 384.222. The following correction comports with the
September 24, 2013 (78 FR 58470) technical amendment. During the
codification process, the correct new reference to ``Sec. 383.37(d)''
was added, but the old reference to ``Sec. 383.37(c)'' was not
removed. Therefore, FMCSA removes the reference to Sec. 383.37(c).
Section 384.228. Paragraph (k) currently references ``six units of
training described in paragraphs (c) and (d) of this section.'' This is
corrected to ``eight units of training'' (three units in paragraph (c)
and five units in paragraph (d)).
Section 384.403. FMCSA removes paragraph (b), leaving only the text
of previous paragraph (a) in revised Sec. 384.403. Paragraph (b)
concerns Motor Carrier Safety Assistance Program (MCSAP) funds withheld
from a State under Sec. 384.401(a)(2) and (b)(2). However, paragraphs
(a)(2) and (b)(2) of Sec. 384.401 were removed in a rule, published on
July 5, 2007 (72 FR 36788), and Sec. 384.401 no longer mentions
withholding MCSAP funds. FMCSA corrects this error by removing Sec.
384.403(b).
Part 385
Section 385.3. In Sec. 385.3, the term ``HMRs'' is defined as
``the Hazardous Materials Regulations (49 CFR parts 100-178).''
However, the Materials Transportation Bureau of the Department of
Transportation, a predecessor to the Pipeline and Hazardous Materials
Safety Administration (PHMSA), established subtitle B, Chapter I,
subchapter C, as the Hazardous Materials Regulations on July 29, 1975
(40 CFR 31767). In Sec. 171.1, PHMSA continues to maintain that the
HMRs comprise 49 CFR parts 171-180. The definition of HMRs is therefore
corrected to reference 49 CFR parts 171-180.
Section 385.321. Violation 15 in the Table to Sec. 385.321
contains a reference to Sec. 396.11(c), but the information previously
in that paragraph was largely moved to Sec. 396.11(a)(3) on June 12,
2012 (77 FR 34846). Violation 15 is changed to update the reference.
Section 385.403. In paragraph (b), FMCSA clarifies that the
threshold weight of explosive material is the net weight of the
material or article. The current language creates confusion as to
whether the weight is net weight or gross weight and whether, for an
explosive article, the weight refers to the weight of the article or
the weight of the explosive contained in the article. The clarification
is based on information that is presented in FMCSA's brochure relating
to the Hazardous Materials Safety Permit (HMSP) Program (FMCSA-CMO-04-
002) \1\ that indicates net weight, as well as a 22-year old PHMSA
interpretation (93-0068) \2\ relating to PHMSA's registration
requirements that parallel the HMSP requirements.
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\1\ A copy of the brochure has been placed in the docket.
\2\ A copy of PHMSA interpretation 93-0068 has been placed in
the docket.
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FMCSA also changes the terminology in paragraph (f) to make it
consistent with the proper shipping name language in the Hazardous
Materials Table in 49 CFR 172.101.
Appendix B to Part 385--Explanation of Safety Rating Process. FMCSA
updates a citation within Section VII of Appendix B, ``List of Acute
and Critical Regulations,'' to reflect a reorganization of a regulation
published June 12, 2012 (77 FR 34852). FMCSA changes the citation from
``Sec. 396.11(c) Failing to correct Out-of-Service defects listed by
driver in a driver vehicle inspection report before the vehicle is
operated again (acute)'' to ``Sec. 396.11(a)(3) Failing to correct
Out-of-Service defects listed by driver in a driver vehicle inspection
report before the vehicle is operated again (acute).''
Part 387
Section 387.317. On November 14, 1983 (48 FR 51777), the ICC
revised former 49 CFR 1043.1, the predecessor to Sec. 387.301, and
redesignated paragraph (d) as paragraph (c). Therefore, FMCSA changes
the cross-reference in Sec. 387.317 from Sec. 387.301(d) to Sec.
387.301(c) to reflect this redesignation.
Part 389
Sections 389.21 and 389.35. These two sections specify how to
submit comments to rulemakings or petitions for reconsideration. They
have remained largely the same since they were promulgated on June 8,
1968 (33 FR 8493), except for Agency name and address changes, and a
redesignation within title 49 in 1968 from 49 CFR part 289 to 49 CFR
part 389.
The requirement that comments or petitions must be submitted in
five (5) legible copies has existed since 1968. Before the adoption of
the electronic docketing system employed by the Department of
Transportation in 1997, five legible copies were needed for the paper-
based docketing system for clerks to include a copy in the official
docket and send other copies for distribution to various Agency offices
to take appropriate action. The electronic docketing system allows the
scanning of any original paper-based comment or
[[Page 59068]]
petition, or the uploading of an electronically-submitted file of the
comment or petition. As the electronic docketing system has now been in
wide use by the Agency for over 18 years, the requirement for more than
one original comment or petition for reconsideration is unnecessary,
duplicative, and burdensome to the commenter or petitioner. Therefore,
FMCSA is removing the requirement in Sec. Sec. 389.21 and 389.35(a)
for the comment or petition to be filed with five legible copies.
Part 390
Section 390.5. In the definition of the term ``Lessee,'' the word
``of'' is added following the phrase ``in subpart F'' to correct an
inadvertent omission.
In the definition of the term ``Texting,'' paragraph (2)(iii)
references purposes that are not otherwise prohibited ``in this part.''
This reference primarily relates to the ban on texting which is found
in Sec. 392.80 rather than part 390. The reference to ``this part'' is
too limited and is, therefore, changed to reference ``this
subchapter,'' consistent with the general scope of the Sec. 390.5
definitions.
In the definition of ``Trailer,'' redesignate paragraphs (a), (b),
and (c), as paragraphs (1), (2), and (3) to conform this definition to
the style used in a definitions section and the other definitions in
Sec. 390.5.
Section 390.42. Section 390.42(b) currently contains an incorrect
cross-reference to Sec. 396.11(b)(2). On June 12, 2012 (77 FR 34852),
FMCSA revised Sec. 396.11, subdividing paragraph (b) into four
paragraphs: Paragraphs (b)(1) through (4). However, FMCSA did not
change the cross reference in Sec. 390.42(b). The October 1, 2012 (77
FR 59828) technical amendment attempted to correct the error, but
incorrectly changed the cross reference to Sec. 396.11(b)(2). This
technical amendment correctly changes the cross reference to Sec.
396.11(b)(1).
Section 390.115. FMCSA corrects an inadvertent grammatical error in
paragraph (d)(2)(iv) by removing the phrase ``performs examinations
maintain documentation'' and replaces it with the phrase ``performs
examinations and maintains documentation.'' This wording is consistent
with the wording in Sec. 390.115(f)(4).
Part 391
Section 391.1. FMCSA changes paragraph (b) to remove a grammatical
inconsistency and improve clarity. Currently, paragraph (b) reads, ``A
motor carrier who employs himself/herself as a driver . . . .'' FMCSA
changes it to read: ``An individual who meets the definition of both a
motor carrier and a driver employed by that motor carrier . . .''
Section 391.13. The introductory text of Sec. 391.13 concerning
responsibilities of drivers for determining whether cargo is properly
located, distributed, and secured in or on the CMV cross references
Sec. 393.9, but Sec. 393.9, ``Lamps operable, prohibition of
obstructions of lamps and reflectors,'' is not about cargo securement.
The incorrect reference to Sec. 393.9 was included in the final rule
that added Sec. 391.13 (June 18, 1998, 63 FR 33277) to the FMCSRs.
However, in reviewing the preamble to the 1998 final rule (see page
33259), it appears that the reference should have been to Sec.
383.111(d) rather than Sec. 393.9. Section 383.111 was revised on May
9, 2011 (76 FR 26888) and the rules on the required knowledge of the
relationship of cargo to vehicle control are now codified in Sec.
383.111(a)(16). Therefore, FMCSA changes the cross reference in the
first line of the introductory text so that it reads, ``In order to
comply with the requirements of Sec. Sec. 392.9(a) and 383.111(a)(16)
of this subchapter . . .''.
Section 391.15. The following corrections comport with the
September 24, 2013 (78 FR 58482) technical amendment. In paragraph
(c)(1)(i), FMCSA corrects the cross reference to read, ``Sec. 395.2 of
this subchapter'' rather than ``Sec. 395.2(a) of this
partsubchapter.'' In addition, FMCSA removes the semi-colon that
mistakenly follows the final period of paragraph (c)(1)(ii).
Section 391.23. Throughout paragraph (c), any reference to ``driver
investigation history file,'' ``Driver Investigation file,'' or
``driver history investigation file,'' is revised to read consistently
in each instance ``driver investigation history file.'' This clarifies
that all these references are to the same file and makes the
terminology consistent with Sec. 391.53.
The cross reference in paragraph (m)(3)(i)(C) currently references
Sec. 383.73(a)(5), but that paragraph was removed on May 9, 2011 (76
FR 26883). FMCSA replaces that reference with the correct reference to
``Sec. 383.73(a)(2)(vii).''
Section 391.41. FMCSA corrects the format of the cross reference in
paragraph (b)(12)(ii) by changing it from ``21 part 1308'' to ``21 CFR
part 1308.''
Section 391.43. FMCSA corrects paragraph (g)(4) included in the
Agency's April 23, 2015 (80 FR 22790, 22812) final rule, ``Medical
Examiner's Certification Integration.'' Currently, paragraph (g)(4)
indicates that beginning June 22, 2018, if the medical examiner
determines that a driver should not be issued a medical card until
additional medical information is considered, the examiner must so
inform the driver, etc. However, the compliance date was supposed to
have been December 22, 2015. FMCSA amends the first sentence by
changing June 22, 2018, to December 22, 2015, considering that this
paragraph has to be effective on the same date as the forms. Amendatory
instruction number 5 in the June 22, 2015, correction notice (80 FR
35578), which updated the date from June 22, 2018, to December 22,
2015, made no reference to amending paragraph (g)(4) even though (g)(4)
rule text is shown on page 35595. Amendatory instruction number 5 only
refers to amending ``paragraphs (f), (g)(5)(ii), and (h)'', therefore,
the eCFR did not make the change. FMCSA is ensuring that the printed
CFR revised as of October 1, 2015, will include the updated date.
Section 391.45. This section specifies the drivers who must be
medically examined and certified, ``[e]xcept as provided in Sec.
391.67.'' Because Sec. 391.67 no longer includes any exceptions from
the medical examination and certification requirements, the
introductory phrase ``Except as provided in Sec. 391.67'' is removed.
Section 391.47. To comport with the September 24, 2013 (78 FR
58482) technical amendment, FMCSA corrects paragraph (f) by adding a
space after the last parentheses and before the word ``orders.''
FMCSA also removes the authority citation that appears in
parentheses after the last paragraph in Sec. 391.47. The authority
citation is outdated; and the FMCSA no longer includes an authority
citation at the end of a section. Moreover, the citations for Sec.
391.47 are covered by the general authority citations for all of part
391, namely, 49 U.S.C. 31133, 31136, and 31149 of the Motor Carrier
Safety Act of 1984, as amended, and 49 U.S.C. 31502 of the Motor
Carrier Act of 1935, as amended.
Part 393
Section 393.7. FMCSA amends Sec. 393.7(b)--which lists all the
paragraphs in part 393 that have materials incorporated by reference--
to restore a reference to an Underwriters Laboratories' standard that
was mistakenly deleted. Section 393.95(j) refers to a specific
Underwriters Laboratories' standard on highway emergency signals and
then states ``See Sec. 393.7 for information on the incorporation by
reference and availability of this document.'' However, Sec. 393.7(b)
fails to include that document.
[[Page 59069]]
On August 15, 2005 (70 FR 48027), the Agency published general
amendments to 49 CFR part 393. The final rule was intended to remove
obsolete and redundant regulations; respond to several petitions for
rulemaking; provide improved definitions of vehicle types, systems, and
components; resolve inconsistencies between part 393 and the National
Highway Traffic Safety Administration's Federal Motor Vehicle Safety
Standards (49 CFR part 571); and codify certain FMCSA regulatory
guidance concerning the requirements of part 393. However, the
rulemaking resulted in the inadvertent deletion of the reference to the
Underwriters Laboratories' standard. Section 393.7(c)(1) still
references the address, but the publication is not listed in Sec.
393.7(b). To correct this error, FMCSA adds a reference to the standard
in paragraph (b)(15) to read as follows: ``Highway Emergency Signals,
Fourth Edition, Underwriters Laboratories, Inc., UL No. 912, July 30,
1979 (with an amendment dated November 9, 1981), incorporation by
reference approved for Sec. 393.95(j).''
Section 393.17. FMCSA corrects paragraph (c)(1) by removing an
obsolete cross-reference to former Sec. 392.30, ``Lighted Lamps;
Moving Vehicles.'' That section was removed on November 23, 1994 (59 FR
60319), because it was duplicative of State laws and could only be
enforced by State and local authorities.
Section 393.71. FMCSA corrects paragraph (n)(1) by removing an
obsolete cross-reference to Sec. 393.71(g)(2)(ii). Section
393.71(g)(2)(ii) was removed August 15, 2005 (70 FR 48054). Editorial
changes also are made to maintain consistency with (1) the language in
the current Sec. 393.71(n) and (2) the August 2005 final rule.
Section 393.95. FMCSA removes the outdated authority citations
following Sec. 393.95. They are obsolete, current Federal Register
style dictates that they do not belong at the end of a section, and
they are covered by the general authority citations cited for all of
part 393. That authority citation includes 49 U.S.C. 31136 and 31151
(the Motor Carrier Safety Act of 1984, as amended); 49 U.S.C. 31502
(the Motor Carrier Act of 1935, as amended); and sec. 1041(b) of Pub.
L. 102-240, 105 Stat. 1914, 1993 (1991) (the Intermodal Surface
Transportation Efficiency Act of 1991), providing that ``fusees and
flares are given equal priority with regard to use as reflecting
signs'' under Sec. 393.95.
Part 395
Section 395.1. To comport with the September 24, 2013 (78 FR 58482)
technical amendment, FMCSA corrects Sec. 395.1 by removing the
redundant paragraph (g)(1)(ii)(C). The language revised on September
24, 2013, was added but the obsolete language was inadvertently not
removed.
Part 396
Section 396.11. In the September 24, 2013 (78 FR 58485) technical
amendment, FMCSA attempted to remove a semicolon at the end of Sec.
396.11(b)(2)(ix) and add a period in its place. However, that
instruction was inaccurate, as there is no paragraph (b)(2)(ix). The
CFR now carries a note saying the CFR could not incorporate the 2013
amendment. FMCSA requests CFR editors to remove the inaccurate
instruction and the note.
Part 397
Section 397.215. This section, titled ``Waiver notice,'' is a part
of the preemption procedures that States, political subdivisions of
States, and Indian tribes must follow to apply for waivers of
preemption determinations either made pursuant to 49 U.S.C. 5125, 49
CFR 397.69, or 49 CFR 397.203, or that have been determined by a court
of competent jurisdiction to be preempted. This section requires that
copies of the application for a waiver of preemption and any subsequent
amendments or other documents relating to the application must be
mailed to each person whom the applicant reasonably ascertains will be
affected by the determination sought. The copy of the application must
be accompanied by a statement that the affected person may submit
comments to the FMCSA Administrator within 45 days. The application
filed with the Administrator must include a certification of compliance
with 49 CFR 397.215(a). A grammatical error exists in the last sentence
of paragraph (a). The phrase ``certification with the application has
complied'' is grammatically incorrect and so FMCSA replaces it with the
phrase ``certification that the application complies.''
Appendix F to Subchapter B of Chapter III--Commercial Zones
Section 31. FMCSA corrects a typographical error in paragraph (d)
of Section 31 of the ICC-defined commercial zone for Charleston, South
Carolina in 1975. This paragraph contains cross-references to
``paragraphs (1) and (c) of this section.''
Based on the 1972-1974 editions of 49 CFR part 1048, which was the
basis for Appendix F to Subchapter B of Chapter III, the correct
reference is to paragraph (b), not paragraph (1). This error was
corrected in the May 19, 1988, final rule (53 FR 18042, at 18067), but
the October 1, 1988, CFR edition reinstated the use of a (1) instead of
the correct (b).
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, Jan. 18, 2011), or
within the meaning of the DOT regulatory policies and procedures (44 FR
1103, Feb. 26, 1979). Thus, the Office of Management and Budget (OMB)
did not review this document. We expect the final rule will have no
costs; therefore, a full regulatory evaluation is unnecessary.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612),
FMCSA is not required to complete a regulatory flexibility analysis.
This is because this rule does not require publication of a general
notice of proposed rulemaking. However, 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 or clarifying revisions 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 $155
million (which is the value of $100 million in 2015 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
[[Page 59070]]
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, nor are there any revisions to existing, approved
collections of information.
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.
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 final rule is not subject to Executive Order 12898 (59 FR
7629, Feb. 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 350
Grant programs--transportation, Highway safety, Motor carriers,
Motor vehicle safety, Reporting and recordkeeping requirements.
49 CFR Part 365
Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Mexico, Motor carriers, Moving of household goods.
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 377
Credit, Freight forwarders, Maritime carriers, Motor carriers,
Moving of household goods.
[[Page 59071]]
49 CFR Part 381
Motor carriers.
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.
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 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.
Correction
In FR Rule Doc. 2013-22484 appearing on page 58470 in the Federal
Register of Tuesday, September 24, 2013, make the following correction:
0
On page 58485, in the second column, in section 396.11, amendment 117,
remove instruction c.
In consideration of the foregoing, FMCSA is amending 49 CFR chapter
III, subchapter B, parts 350, 365, 375, 377, 381, 383, 384, 385, 387,
389. 390, 391, 393, 395, 396, 397, and Appendix F, as set forth below:
PART 350--COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM
0
1. 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.
0
2. Amend Sec. 350.105 by revising the definition of the term ``Basic
Program Funds'' to read as follows:
Sec. 350.105 What definitions are used in this part?
* * * * *
Basic Program Funds means the total MCSAP funds less the High
Priority Activity, New Entrant, Administrative Takedown, and Incentive
Funds.
* * * * *
0
3. Amend Sec. 350.201 by revising the introductory text and paragraph
(y) to read as follows:
Sec. 350.201 What conditions must a State meet to qualify for Basic
Program Funds?
Each State must meet the following 26 conditions:
* * * * *
(y) Except in the case of an imminent or obvious safety hazard,
ensure that an inspection of a vehicle transporting passengers for a
motor carrier of passengers is conducted at a station, terminal, border
crossing, maintenance facility, destination, or other location where a
motor carrier may make a planned stop.
* * * * *
PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
0
4. 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.
0
5. Amend Sec. 365.503 by revising paragraph (d) to read as follows:
Sec. 365.503 Application.
* * * * *
(d) You may obtain the application forms from any FMCSA Division
Office or download them from the FMCSA Web site at: http://www.fmcsa.dot.gov/mission/forms.
PART 375--TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE;
CONSUMER PROTECTION REGULATIONS
0
6. 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
7. Amend Sec. 375.201 by revising paragraph (d) to read as follows:
Sec. 375.201 What is my normal liability for loss and damage when I
accept goods from an individual shipper?
* * * * *
(d) As required by Sec. 375.303(c)(5), you may have additional
liability if you sell liability insurance and fail to issue a copy of
the insurance policy or other appropriate evidence of insurance.
* * * * *
0
8. Amend Sec. 375.501 by revising paragraph (h) to read as follows:
Sec. 375.501 Must I write up an order for service?
* * * * *
(h) You must place the valuation statement on the bill of lading.
0
9. Amend Sec. 375.505 by revising paragraph (b)(12) to read as
follows:
Sec. 375.505 Must I write up a bill of lading?
* * * * *
(b) * * *
(12) The valuation statement provided in the Surface Transportation
Board's released rates order requires individual shippers either to
choose Full Value Protection for your liability or waive the Full Value
Protection in favor of the STB's released rates. The released rates may
be increased annually by the motor carrier based on the U.S. Department
of Commerce's Cost of Living Adjustment. Contact the STB for a copy of
the Released Rates of Motor Carrier Shipments of Household Goods. If
the individual shipper waives your Full Value Protection in writing on
the STB's valuation statement, you must include the charges, if any,
for optional valuation coverage (other than Full Value Protection).
* * * * *
0
10. Amend appendix A to part 375, under subpart A, by revising the
definition of the term ``Advertisement'' under the section heading
``What Definitions Are Used in This Pamphlet?'' to read as follows:
[[Page 59072]]
Appendix A to Part 375--Your Rights and Responsibilities When You Move
* * * * *
Subpart A--General Requirements
* * * * *
What Definitions Are Used in This Pamphlet?
* * * * *
Advertisement--This is any communication to the public in
connection with an offer or sale of any interstate household goods
transportation service. This will include written or electronic
database listings of your mover's name, address, and telephone number
in an online database or displayed on an Internet Web site. This
excludes listings of your mover's name, address, and telephone number
in a telephone directory or similar publication. However, Yellow Pages
advertising is included within the definition.
* * * * *
PART 377--PAYMENT OF TRANSPORTATION CHARGES
0
11. The authority citation for part 377 continues to read as follows:
Authority: 49 U.S.C. 13101, 13301, 13701, 13702, 13706, 13707,
and 14101; and 49 CFR 1.87.
0
12. Revise Sec. 377.211 to read as follows:
Sec. 377.211 Computation of time.
Time periods involving calendar days shall be calculated pursuant
to 49 CFR 386.8.
PART 381--WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS
0
13. 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.
0
14. Amend Sec. 381.110 by revising the definition of ``FMCSRs'' to
read as follows:
Sec. 381.110 What definitions are applicable to this part?
* * * * *
FMCSRs means Federal Motor Carrier Safety Regulations (49 CFR parts
382 and 383, Sec. Sec. 390.19, 390.21, and parts 391 through 393, 395,
396, and 399).
* * * * *
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
0
15. The authority citation for part 383 is revised to read as follows:
Authority. 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs.
214 and 215 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; sec. 32934 of Pub. L. 112-141, 126
Stat. 405, 830; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830;
and 49 CFR 1.87.
0
16. Amend Sec. 383.5 as follows:
0
a. Amend the definition of ``Alcohol or alcoholic beverage'' by
redesignating paragraphs (a) through (c) as paragraphs (1) through (3);
0
b. Revise the definitions of the terms ``Commerce'' and ``Commercial
motor vehicle (CMV)''; and
0
c. Amend the definition of ``Driving a commercial motor vehicle while
under the influence of alcohol'' by redesignating paragraphs (a)
through (c) as paragraphs (1) through (3).
The revisions read as follows:
Sec. 383.5 Definitions.
* * * * *
Commerce means
(1) Any trade, traffic or transportation within the jurisdiction of
the United States between a place in a State and a place outside of
such State, including a place outside of the United States, and
(2) Trade, traffic, and transportation in the United States that
affects any trade, traffic, and transportation described in paragraph
(1) of this definition.
* * * * *
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) that does not meet Group A or B
requirements but that either--
(i) Is designed to transport 16 or more passengers, including the
driver; or
(ii) Is of any size and is used in the transportation of hazardous
materials as defined in this section.
* * * * *
0
17. Amend Sec. 383.71 by revising paragraphs (a)(1) introductory text,
(a)(2) introductory text, and (g) to read as follows:
Sec. 383.71 Driver application and certification procedures.
(a) * * *
(1) Commercial learner's permit applications submitted prior to
July 8, 2015. CLPs issued prior to July 8, 2015, for limited time
periods according to State requirements, shall be considered valid
commercial drivers' licenses for purposes of behind-the-wheel training
on public roads or highways, if the following minimum conditions are
met:
* * * * *
(2) Commercial learner's permit applications submitted on or after
July 8, 2015. Any person applying for a CLP on or after July 8, 2015,
must meet the following conditions:
* * * * *
(g) Existing CLP and CDL Holder's Self-Certification. Every person
who holds a CLP or CDL must provide to the State the certification
contained in Sec. 383.71(b)(1) of this subpart.
* * * * *
0
18. Revise Sec. 383.72 to read as follows:
Sec. 383.72 Implied consent to alcohol testing.
Any person who holds a CLP or CDL or is required to hold a CLP or
CDL is considered to have consented to such testing as is required by
any State or jurisdiction in the enforcement of item (4) of Table 1 to
Sec. 383.51 of this subpart and Sec. 392.5(a)(2) of this subchapter.
Consent is implied by driving a commercial motor vehicle.
0
19. Amend Sec. 383.73 by revising paragraph (a)(2) introductory text
to read as follows:
Sec. 383.73 State procedures.
(a) * * *
(2) On or after July 8, 2015. Prior to issuing a CLP to a person on
or after July 8, 2015, a State must:
* * * * *
0
20. Amend Sec. 383.91 by revising paragraph (a)(3) to read as follows:
Sec. 383.91 Commercial motor vehicle groups.
(a) * * *
(3) Small Vehicle (Group C)--Any single vehicle, or combination of
vehicles, that meets neither the definition of Group A nor that of
Group B as contained in this section, but that either is designed to
transport 16 or more passengers including the driver, or is used in the
transportation of hazardous materials as defined in Sec. 383.5.
* * * * *
[[Page 59073]]
PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
0
21. 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
22. Revise Sec. 384.222 to read as follows:
Sec. 384.222 Violation of out-of-service orders.
The State must have and enforce laws and/or regulations applicable
to drivers of CMVs and their employers, as defined in Sec. 383.5 of
this subchapter, which meet the minimum requirements of Sec.
383.37(d), Table 4 to Sec. 383.51, and Sec. 383.53(b) of this
subchapter.
0
23. Amend Sec. 384.228 by revising paragraph (k) to read as follows:
Sec. 384.228 Examiner training and record checks.
* * * * *
(k) The eight units of training described in paragraphs (c) and (d)
of this section may be supplemented with State-specific material and
information related to administering CDL knowledge and skills tests.
0
24. Revise Sec. 384.403 to read as follows:
Sec. 384.403 Availability of funds withheld for noncompliance.
Federal-aid highway funds withheld from a State under Sec.
384.401(a) or (b) of this subpart shall not thereafter be available for
apportionment to the State.
PART 385-- SAFETY FITNESS PROCEDURES
0
25. The authority citation for part 385 continues to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5113,
13901-13905, 13908, 31133, 31135, 31136, 31137(a), 31144, 31148,
31151, 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
26. Amend Sec. 385.3 by revising the definition of the term ``HMRs''
to read as follows:
Sec. 385.3 Definitions and acronyms.
* * * * *
HMRs means the Hazardous Materials Regulations (49 CFR parts 171-
180).
* * * * *
0
27. Amend Sec. 385.321(b) by revising Violation 15 of the Table to
Sec. 385.321 to read as follows:
Sec. 385.321 What failures of safety management practices disclosed
by the safety audit will result in a notice to a new entrant that its
USDOT new entrant registration will be revoked?
* * * * *
(b) * * *
Table to Sec. 385.321--Violations That Will Result in Automatic
Failure of the New Entrant Safety Audit
------------------------------------------------------------------------
Guidelines for
determining automatic
Violation failure of the safety
audit
------------------------------------------------------------------------
* * * * * * *
15. Sec. 396.11(a)(3)--Failing to correct out- Single occurrence.
of-service defects listed by driver in a
driver vehicle inspection report before the
vehicle is operated.
* * * * * * *
------------------------------------------------------------------------
0
28. Amend Sec. 385.403 by revising paragraphs (b) and (f) to read as
follows:
Sec. 385.403 Who must hold a safety permit?
* * * * *
(b) More than 25 kg (55 pounds) net weight of a Division 1.1, 1.2,
or 1.3 (explosive) material or articles or an amount of a Division 1.5
(explosive) material requiring placarding under part 172 of this title;
* * * * *
(f) A shipment of methane (compressed or refrigerated liquid),
natural gas (compressed or refrigerated liquid), or any other
compressed or refrigerated liquefied gas with a methane content of at
least 85 percent, in bulk packaging having a capacity equal to or
greater than 13,248 L (3,500 gallons).
Appendix B to Part 385 [Amended]
0
29. Amend Appendix B to Part 385, in section VII, by removing the
citation for ``Sec. 396.11(c) Failing to correct Out-of-Service
defects listed by driver in a driver vehicle inspection report before
the vehicle is operated again (acute)'' and adding in its place a
citation that reads as follows: ``Sec. 396.11(a)(3) Failing to correct
Out-of-Service defects listed by driver in a driver vehicle inspection
report before the vehicle is operated again (acute)''.
PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS
0
30. The authority citation for part 387 continues to read as follows:
Authority: 49 U.S.C. 13101, 13301, 13906, 13908, 14701, 31138,
31139, and 31144; and 49 CFR 1.87.
Sec. 387.317 [Amended]
0
31. Amend Sec. 387.317 by removing the reference to ``Sec.
387.301(d)'' and adding in its place a reference to ``Sec.
387.301(c)''.
PART 389--RULEMAKING PROCEDURES--FEDERAL MOTOR CARRIER SAFETY
REGULATIONS
0
32. 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
33. Revise Sec. 389.21 to read as follows:
Sec. 389.21 Contents of written comments.
All written comments must be in English. Any interested person must
submit as part of his/her written comments all material that he/she
considers relevant to any statement of fact made by him/her.
Incorporation of material by reference is to be avoided. However, if
such incorporation is necessary, the incorporated material shall be
identified with respect to document and page.
0
34. Amend Sec. 389.35 by revising paragraph (a) to read as follows:
Sec. 389.35 Petitions for reconsideration.
(a) Any interested person may petition the Administrator for
reconsideration of any rule issued under this part. The petition must
be in English and submitted to the Administrator, Federal Motor Carrier
Safety Administration, 1200 New Jersey
[[Page 59074]]
Ave. SE., Washington, DC 20590-0001, and received not later than thirty
(30) days after publication of the rule in the Federal Register.
Petitions filed after that time will be considered as petitions filed
under Sec. 389.31 of this part. The petition must contain a brief
statement of the complaint and an explanation as to why compliance with
the rule is not practicable, is unreasonable, or is not in the public
interest.
* * * * *
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
35. The authority citation for part 390 continues to read as follows:
Authority: 49 U.S.C. 504, 508, 13301, 13902, 13908, 31132,
31133, 31136, 31144, 31151, 31502, 31504; sec. 114, Pub. L. 103-311,
108 Stat. 1673, 1677; sec. 212, 217, Pub. L. 106-159, 113 Stat.
1748, 1767, 1773; 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, 1743-44); and 49 CFR 1.81, 1.81a, and 1.87.
Sec. 390.5 [Amended]
0
36. Amend Sec. 390.5 as follows:
0
a. In the definition of the term ``Lessee,'' add the word ``of'' after
the phrase ``in subpart F'' in the first sentence;
0
b. In paragraph (2)(iii) of the definition of the term ``Texting,''
remove the phrase ``in this part'' and add in its place the phrase ``in
this subchapter''.
0
c. In the definition of the term ``Trailer,'' redesignate paragraphs
(a), (b), and (c), as paragraphs (1), (2), and (3).
Sec. 390.42 [Amended]
0
37. Amend Sec. 390.42(b) by removing the reference to ``Sec.
396.11(b)(2)'' and adding in its place a reference to ``Sec.
396.11(b)(1)''.
0
38. Amend Sec. 390.115 by revising paragraph (d)(2)(iv) to read as
follows:
Sec. 390.115 Procedure for removal from the National Registry of
Certified Medical Examiners.
* * * * *
(d) * * *
(2) * * *
(iv) Maintain documentation of State licensure, registration, or
certification to perform physical examinations for each State in which
the examiner performs examinations and maintains documentation of
completion of all training required by Sec. Sec. 390.105 and 390.111
of this part. The medical examiner must also make this documentation
available to an authorized representative of FMCSA or an authorized
representative of Federal, State, or local government. The medical
examiner must provide this documentation within 48 hours of the request
for investigations and within 10 days of the request for regular audits
of eligibility.
* * * * *
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
39. The authority citation for part 391 is revised to read as follows:
Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 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.
0
40. Amend Sec. 391.1 by revising paragraph (b) to read as follows:
Sec. 391.1 Scope of the rules in this part; additional
qualifications; duties of carrier-drivers.
* * * * *
(b) An individual who meets the definition of both a motor carrier
and a driver employed by that motor carrier must comply with both the
rules in this part that apply to motor carriers and the rules in this
part that apply to drivers.
0
41. Amend Sec. 391.13 by revising the introductory text to read as
follows:
Sec. 391.13 Responsibilities of drivers.
In order to comply with the requirements of Sec. Sec. 392.9(a) and
383.111(a)(16) of this subchapter, a motor carrier shall not require or
permit a person to drive a commercial motor vehicle unless the person--
* * * * *
0
42. Amend Sec. 391.15 by revising paragraphs (c)(1)(i) and (ii) to
read as follows:
Sec. 391.15 Disqualification of drivers.
* * * * *
(c) * * *
(1) * * *
(i) The offense was committed during on-duty time as defined in
Sec. 395.2 of this subchapter or as otherwise specified; and
(ii) The driver is employed by a motor carrier or is engaged in
activities that are in furtherance of a commercial enterprise in
interstate, intrastate, or foreign commerce.
* * * * *
0
43. Amend Sec. 391.23 by revising paragraphs (c)(3) and (4) and
(m)(3)(i)(C) to read as follows:
Sec. 391.23 Investigation and inquiries.
* * * * *
(c) * * *
(3) Prospective employers should report failures of previous
employers to respond to an investigation to the FMCSA and use the
complaint procedures specified at Sec. 386.12 of this subchapter. Keep
a copy of the reports in the driver investigation history file as part
of documenting a good faith effort to obtain the required information.
(4) Exception. For drivers with no previous employment experience
working for a DOT-regulated employer during the preceding three years,
documentation that no investigation was possible must be placed in the
driver investigation history file, after October 29, 2004, within the
required 30 days of the date the driver's employment begins.
* * * * *
(m) * * *
(3) * * *
(i) * * *
(C) Until June 22, 2018, if the driver provided the motor carrier
with a copy of the current medical examiner's certificate that was
submitted to the State in accordance with Sec. 383.73(a)(2)(vii) of
this chapter, the motor carrier may use a copy of that medical
examiner's certificate as proof of the driver's medical certification
for up to 15 days after the date it was issued.
* * * * *
0
44. Amend Sec. 391.41 by revising paragraph (b)(12)(ii) to read as
follows:
Sec. 391.41 Physical qualifications of drivers.
* * * * *
(b) * * *
(12) * * *
(ii) Does not use any non-Schedule I drug or substance that is
identified in the other Schedules in 21 CFR part 1308 except when the
use is prescribed by a licensed medical practitioner, as defined in
Sec. 382.107, who is familiar with the driver's medical history and
has advised the driver that the substance will not adversely affect the
driver's ability to safely operate a commercial motor vehicle.
* * * * *
0
45. Amend Sec. 391.43 by revising paragraph (g)(4) to read as follows:
Sec. 391.43 Medical examination; certificate of physical examination.
* * * * *
(g) * * *
(4) Beginning December 22, 2015, if the medical examiner finds that
the determination of whether the person examined is physically
qualified to
[[Page 59075]]
operate a commercial motor vehicle in accordance with Sec. 391.41(b)
should be delayed pending the receipt of additional information or the
conduct of further examination in order for the medical examiner to
make such determination, he or she must inform the person examined that
the additional information must be provided or the further examination
completed within 45 days, and that the pending status of the
examination will be reported to FMCSA.
* * * * *
0
46. Amend Sec. 391.45 by revising the introductory text to read as
follows.
Sec. 391.45 Persons who must be medically examined and certified.
The following persons must be medically examined and certified in
accordance with Sec. 391.43 of this subpart as physically qualified to
operate a commercial motor vehicle:
* * * * *
0
47. Amend Sec. 391.47 by removing the authority citation that follows
the section and by revising paragraph (f).
The revision reads as follows.
Sec. 391.47 Resolution of conflicts of medical evaluation.
* * * * *
(f) Status of driver. Once an application is submitted to the
Director, Office of Carrier, Driver and Vehicle Safety Standards (MC-
PS), the driver shall be deemed disqualified until such time as the
Director, Office of Carrier, Driver and Vehicle Safety Standards (MC-
PS) makes a determination, or until the Director, Office of Carrier,
Driver and Vehicle Safety Standards (MC-PS) orders otherwise.
PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
0
48. 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
49. Amend Sec. 393.7 by adding paragraph (b)(15) to read as follows:
Sec. 393.7 Matter incorporated by reference.
* * * * *
(b) * * *
(15) Highway Emergency Signals, Fourth Edition, Underwriters
Laboratories, Inc., UL No. 912, July 30, 1979 (with an amendment dated
November 9, 1981), incorporation by reference approved for Sec.
393.95(j).
* * * * *
0
50. Amend Sec. 393.17 by revising paragraph (c)(1) introductory text
to read as follows:
Sec. 393.17 Lamps and reflectors--combinations in driveaway-towaway
operation.
* * * * *
(c) * * *
(1) When the vehicle is operated in accordance with the terms of a
special permit prohibiting operation during the times when lighted
lamps are required, it must have on the rear--
* * * * *
0
51. Amend Sec. 393.71 by revising paragraph (n)(1) to read as follows:
Sec. 393.71 Coupling devices and towing methods, driveaway-towaway
operations.
* * * * *
(n) * * *
(1) Front axle attachment. The front axle of one motor vehicle
intended to be coupled with another vehicle or parts of motor vehicles
together to form one vehicle shall be attached with U-bolts meeting the
requirements of paragraph (j)(2) of this section.
* * * * *
Sec. 393.95 [Amended]
0
52. Amend Sec. 393.95 by removing the authority citation that follows
the section.
PART 395--HOURS OF SERVICE OF DRIVERS
0
53. 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. 395.1 [Amended]
0
54. Amend Sec. 395.1 by removing the second paragraph (g)(1)(ii)(C).
PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND
PARKING RULES
0
55. The authority citation for part 397 continues to read as follows:
Authority: 49 U.S.C. 322; 49 CFR 1.87. Subpart A also issued
under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.97. Subparts C, D,
and E also issued under 49 U.S.C. 5112, 5125.
Sec. 397.215 [Amended]
0
56. Amend Sec. 397.215(a) by removing the phrase ``certification with
the application has complied'' in the third sentence and adding in its
place the phrase ``certification that the application complies''.
0
57. Amend Appendix F to Subchapter B of Chapter III--Commercial Zones,
Section 31, Charleston, S.C., by revising paragraph (d) to read as
follows:
Appendix F to Subchapter B of Chapter III--Commercial Zones
* * * * *
Sec. 31 Charleston, S.C.
* * * * *
(d) All of any municipality any part of which is within the limits
of the combined areas defined in paragraphs (b) and (c) of this
section.
* * * * *
Issued under authority delegated in 49 CFR 1.87 on: September
23, 2015.
T. F. Scott Darling III,
Acting Administrator.
[FR Doc. 2015-24635 Filed 9-30-15; 8:45 am]
BILLING CODE 4910-EX-P