General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations |
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Raymond P. Martinez
Federal Motor Carrier Safety Administration
27 September 2018
[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Rules and Regulations]
[Pages 48721-48726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21064]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 360, 380, 382, 385, 390, 391, 395, 396, and 397
RIN 2126-AC09
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
throughout the Federal Motor Carrier Safety Regulations. The Agency
makes minor changes to correct inadvertent errors and omissions, remove
or update obsolete references, and improve the clarity and consistency
of certain regulatory provisions.
DATES: Effective September 27, 2018.
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 david.miller@dot.gov. Office hours are from
9:00 a.m. to 5:00 p.m. ET, Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
I. 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. 89-670, 80 Stat.
931, 937, Oct. 15, 1966). Section 6 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 (id. at 639). 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 (and subsequently enacted) authority
became known as the Federal Motor Carrier Safety Regulations (FMCSRs),
codified at 49 CFR parts 350-399. The administrative powers to enforce
chapter 315 (codified in 49 U.S.C. chapter 5) were also transferred
from the ICC to the DOT in 1966, and assigned first to the Federal
Highway Administration (FHWA) and then to FMCSA. The FMCSA
Administrator has been delegated authority under 49 CFR 1.87 to carry
out the motor carrier functions vested in the Secretary of
Transportation.
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, 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 (MCSA) (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 (ICCTA) (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 the
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,
[[Page 48722]]
2005); the SAFETEA-LU Technical Corrections Act of 2008 (Pub. L. 110-
244, 122 Stat. 1572, June 6, 2008); the Moving Ahead for Progress in
the 21st Century Act (MAP-21) (Pub. L. 112-141, 126 Stat. 405, July 6,
2012); and the Fixing America's Surface Transportation Act (FAST Act)
(Pub. L. 114-94, 129 Stat. 1312, Dec. 4, 2015).
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.
The Administrative Procedure Act (APA) specifically provides
exceptions to its notice and comment rulemaking procedures when an
agency finds there is good cause to dispense with them, and
incorporates the finding and a brief statement of reasons therefore, in
the rules issued (5 U.S.C. 553(b)(3)(B)). Generally, good cause exists
when the agency determines that notice and public comment procedures
are impractical, unnecessary, or contrary to the public interest (id.).
The amendments made in this final rule merely correct inadvertent
errors and omissions, remove or update obsolete references, and make
minor language changes to improve clarity and consistency. The
technical amendments do not impose any material new requirements or
increase compliance obligations. For these reasons, FMCSA finds good
cause that notice and public comment on this final rule are
unnecessary.
The APA also allows agencies to make rules effective immediately
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
immediately.
FMCSA is aware of the regulatory requirements concerning public
participation in FMCSA rulemaking (49 U.S.C. 31136(g)). These
requirements pertain to certain major rules,\1\ but, because this final
rule is not a major rule, they are not applicable. In any event, the
Agency finds that publication of an advance notice of proposed
rulemaking under 49 U.S.C. 31136(g)(1)(A), or a negotiated rulemaking
under 49 U.S.C. 31136(g)(1)(B), is unnecessary and contrary to the
public interest in accordance with the waiver provision in 49 U.S.C.
31136(g)(3).
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\1\ A ``major rule'' means any rule that the Administrator of
the Office of Information and Regulatory Affairs of the Office of
Managment and Budget (OMB) finds has resulted in or is likely to
result in (a) an annual effect on the economy of $100 million or
more; (b) a major increase in costs or prices for consumers,
individual industries, Federal agencies, State agencies, local
government agencies, or geographic regions; or (c) significant
adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic
and export markets (5 U.S.C. 804(2)). The term ``major rule'' does
not include any rule promulgated under the Telecommunications Act of
1996 and the amendments made by that Act.
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II. Section-by-Section Analysis
A. Sections 360.1 (Suspended) and 360.1T Fees for Registration-Related
Services
FMCSA amends Sec. Sec. 360.1 (suspended) and 360.1T by revising
paragraphs (a) and (d)(2) to correct the name and, where applicable,
routing code of the office where certificates of authenticity and
information on computer search fees can be obtained. Section 360.1 was
revised by the Unified Registration System final rule on August 23,
2013 (78 FR 52644). On January 17, 2017, FMCSA suspended certain
regulations relating to the new electronic Unified Registration System
and delayed their effective date indefinitely (82 FR 5292). The
suspended regulations were replaced by temporary provisions that
contain the requirements in place on January 13, 2017. Section 360.1
was one of the sections suspended and Sec. 360.1T, which is currently
in effect, was added (82 FR 5297). On May 17, 2018, FMCSA amended Sec.
360.1T to reflect that the Office of Registration and Safety
Information (MC-RS) provides certificates of authenticity and
information on computer search fees (83 FR 22873). However, the Office
of Management Information and Services (MC-MM) is currently the office
with those responsibilities. The amendments bring the name of the
office and the routing symbol of the responsible office up to date.
B. Section 380.603 Applicability
FMCSA amends Sec. 380.603(b) by clarifying that drivers issued a
Class A or Class B commercial driver's license (CDL), or a passenger
(P), school bus (S), or hazardous materials (H) endorsement before
February 7, 2020, are not required to comply with the entry-level
driver training (ELDT) requirements, set forth in subpart F of part
380, pertaining to that CDL or endorsement. The Agency makes this
change to resolve an unintended inconsistency between Sec. 380.603(b)
and the definition of ``entry-level driver'' in Sec. 380.605. Entry-
level driver is defined, in part, as ``an individual who must complete
the CDL skills test requirements under Sec. 383.71 of this subchapter
prior to receiving a CDL for the first time, upgrading to a Class A or
Class B CDL, or obtaining a hazardous materials, passenger, or school
bus endorsement for the first time'' (emphasis added).
As currently written, Sec. 380.603(b) relieves drivers who hold a
``valid'' Class A or Class B CDL or a P, S, or H endorsement issued
before February 7, 2020, of the burden of completing ELDT for that CDL
or endorsement. However, in the preamble of the ELDT final rule, FMCSA
noted its intention to delete the term ``valid CDL'' to make the
provision consistent with the scope of the final rule: ``Accordingly,
the subsection now states that anyone holding a Class A or Class B CDL,
or the passenger (P), school bus (S), or hazardous materials (H)
endorsement, issued before the compliance date [February 7, 2020,] is
not subject to ELDT requirements pertaining to that CDL or
endorsement'' (81 FR 88774, Dec. 8, 2016). Today's change conforms the
language of Sec. 380.603(b) to the Agency's original intention, as
expressed in the preamble to the ELDT final rule. An individual to whom
a specified CDL or endorsement was issued prior to February 7, 2020, is
not subject to ELDT requirements for that CDL or endorsement because
the individual is not an ``entry-level driver'' as that term is defined
in Sec. 380.605.
C. Section 382.107 Definitions
At the end of paragraph (1) in the definition of ``commerce'' in
Sec. 382.107, FMCSA changes the conjunctive ``and'' to ``or'' to be
consistent with the definition of ``commerce'' in 49 U.S.C. 31301(2).
This action corrects an error that has been in Sec. 382.107 since the
regulation was inherited from the FHWA and later revised by FMCSA on
August 17, 2001 (66 FR 43103).
Paragraph (2) of 49 U.S.C. 31301 provides that ``commerce'' means
trade, traffic, and transportation in the United States between a place
in a State and a place outside that State (including a place outside
the United States); ``or'' in the United States that affects trade,
traffic, and transportation between a place in a State and a place
outside that State. This definition applies to 49 U.S.C. 31306
(``Alcohol and controlled substances testing''), including the
definition of ``commerce'' in Sec. 382.107 of 49 CFR part 382
(``Controlled substances and alcohol use and testing''). To ensure
consistency with the applicable statutory authority, the conjunction
``and'' is replaced with ``or'' in Sec. 382.107 to correct an
inadvertent drafting error.
[[Page 48723]]
D. Appendix B to Part 385--Explanation of Safety Rating Process
FMCSA revises Appendix B to Part 385 by correcting the entry for
``Sec. 177.835(c)'' in section VII, List of Acute and Critical
Regulations, to be consistent with 49 CFR 177.835(c). While the current
entry in Appendix B to Part 385 references ``Division 1.1, 1.2, or 1.3
(explosive) materials,'' the introductory text of 49 CFR 177.835(c)
only references ``Division 1.1 or 1.2 (explosive) materials.'' The
entry for ``Sec. 177.835(c)'' in Appendix B to Part 385 was added in
the June 30, 2004, Hazardous Materials Safety Permits final rule (69 FR
39371). The Agency's August 19, 2003, supplemental notice of proposed
rulemaking, however, proposed the entry to read without the Division
1.3 reference (see 68 FR 49755). There is no discussion of a need to
change the entry for ``Sec. 177.835(c)'' in the final rule. Thus, the
addition of Division 1.3 materials to the ``Sec. 177.835(c)'' entry
appears to be an inadvertent error.
E. Sections 390.5 (Suspended) and 390.5T Definitions
The definitions of ``medical examiner'' in Sec. Sec. 390.5
(suspended) and 390.5T are revised to bring the definitions up to date.
On April 20, 2012 (77 FR 24127), FMCSA revised the definition of
``medical examiner'' in Sec. 390.5 to include the requirements of the
National Registry of Certified Medical Examiners final rule. On January
17, 2017 (82 FR 5311, 5314), Sec. 390.5 was suspended indefinitely and
Sec. 390.5T was added as part of the rule to delay the effective date
of certain provisions of the Unified Registration System rule. Because
the May 21, 2014, compliance date for the National Registry of
Certified Medical Examiners rule has passed, the current definitions
are obsolete. This change clarifies the definition by removing only the
language that provided the pre-May 21, 2014, definition of a medical
examiner, and leaving the current definition.
F. Section 391.23 Investigations and Inquiries
FMCSA amends Sec. 391.23(a)(1) by adding a time frame of 30 days
from the date a driver's employment begins, to clarify when an inquiry
must be made to a State for the motor vehicle record (MVR). Currently,
the time frame is provided in paragraph (b).
Section 391.23 was adopted on April 22, 1970 (35 FR 6461).
Paragraph (a) has not been amended in a relevant way since it was
adopted. On November 13, 1970 (35 FR 17420), paragraph (b) was amended
to provide that the inquiry to States required by paragraph (a)(1)
``must be made within 30 days of the date the driver's employment
begins.'' Section 391.23(b) was next amended on March 30, 2004 (69 FR
16720) to require that a copy of the driver's MVR obtained in response
to the inquiry to each State required by paragraph (a)(1) ``be placed
in the driver qualification file within 30 days of the date the
driver's employment begins.'' Therefore, the amendment is consistent
with the regulation's history and the language and meaning of paragraph
(b). Adding the language also does not impose any additional burden on
a motor carrier because the carrier is already required to obtain the
MVR.
G. Section 395.2 Definitions
The definition of ``farm supplies for agricultural purposes'' in
Sec. 395.2 is amended by removing the italics from the phrase ``at any
time of the year.'' The definition is adopted from a direct quotation
of section 4130(c) of SAFETEA-LU (Pub. L. 109-59, 119 Stat. 1144, 1743,
Aug. 10, 2005), except that the statute does not italicize the relevant
phrase. When the definition was added to Sec. 395.2 on July 5, 2007,
the phrase was italicized without an explanation for the need to
highlight it (72 FR 36790). Because there is no reason to highlight the
phrase ``at any time of the year,'' the italics are removed.
In the definition of ``transportation of construction material and
equipment'' in Sec. 395.2, the word ``tomovements'' is changed to read
``to movements'' to correct a typographical error. FMCSA revised the
definition on July 22, 2016 (81 FR 47721).
H. Section 397.73 Public Information and Reporting Requirements and
Section 397.103 Requirements for State Routing Designations
FMCSA amends Sec. 397.73(c) by removing the erroneous phrase ``in
the Federal Register'' and correcting the name of the registry to
``National Hazardous Materials Route Registry.'' The preamble of the
final rule modifying Sec. 397.73(c), published on October 2, 2014 (79
FR 59450), accurately stated twice that publication in the Hazardous
Materials Route Registry (e.g., not the Federal Register) was required
to make a routing designation effective (79 FR 59453). FMCSA amends
Sec. 397.103(c)(3) by correcting the name of the registry to
``National Hazardous Materials Route Registry.'' These errors were
present when the paragraphs were adopted (see 79 FR 59457-58) in
response to section 33013(b) of MAP-21 (Pub. L. 112-141, 126 Stat. 405,
839, July 6, 2012). As stakeholders have suggested, and consistent with
section 33013(b) of MAP-21, language is added to both sections to
clarify that a routing designation becomes effective after it is
published in the National Hazardous Materials Route Registry on FMCSA's
website and to provide the website's address.
The Agency notes that it will continue to periodically publish
notices in the Federal Register summarizing changes to the National
Hazardous Materials Route Registry. However, such Federal Register
notices do not affect the effective date of changes published in the
National Hazardous Materials Route Registry on FMCSA's website. The
industry should continue to consult FMCSA's website for the most up-to-
date list of all designated and restricted road and preferred highway
routes for transportation of highway route controlled quantities of
Class 7 radioactive materials and non-radioactive hazardous materials.
III. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 (Improving
Regulation and Regulatory Review), and DOT Regulatory Policies and
Procedures
FMCSA determined that this final rule is not a significant
regulatory action under section 3(f) of E.O. 12866 (58 FR 51735, Oct.
4, 1993), Regulatory Planning and Review, as supplemented by E.O. 13563
(76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory
Review, and does not require an assessment of potential costs and
benefits under section 6(a)(3) of that Order. Accordingly, OMB has not
reviewed it under that Order. It is also not significant within the
meaning of DOT regulatory policies and procedures (DOT Order 2100.5,
dated May 22, 1980; 44 FR 11034, Feb. 26, 1979). This final rule makes
changes to correct inaccurate references and citations, improve
clarity, and fix errors. None of the changes in this final rule imposes
material new requirements or increases compliance obligations;
therefore, this final rule imposes no new costs and a full regulatory
evaluation is unnecessary.
B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs)
This rulemaking is not an E.O. 13771 regulatory action and no
further action under E.O. 13771 is required.
[[Page 48724]]
C. Regulatory Flexibility Act (Small Entities)
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612),
FMCSA is not required to complete a regulatory flexibility analysis
because, as discussed earlier in the Legal Basis for the Rulemaking
section, this action is not subject to notice and public comment under
section 553(b) of the APA.
D. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this final rule so that they can better evaluate its
effects and participate in the rulemaking initiative. If the final rule
will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance; please consult the FMCSA point of contact,
David Miller, listed in the For Further Information Contact section of
this final rule.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by State, local, and tribal governments, in
the aggregate, or by the private sector of $156 million (which is the
value equivalent of $100,000,000 in 1995, adjusted for inflation to
2015 levels) or more in any 1 year. This final rule will not result in
such an expenditure.
F. Paperwork Reduction Act (Collection of Information)
This final rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
G. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' FMCSA has determined that this rule will not have
substantial direct costs on or for States, nor will it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.
H. E.O. 12988 (Civil Justice Reform)
This final rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
I. E.O. 13045 (Protection of Children)
E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies
issuing ``economically significant'' rules, if the regulation also
concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. The Agency determined this final rule is not economically
significant. Therefore, no analysis of the impacts on children is
required. In any event, the Agency does not anticipate that this
regulatory action could in any respect present an environmental or
safety risk that could disproportionately affect children.
J. E.O. 12630 (Taking of Private Property)
FMCSA reviewed this final rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it will not effect a taking of
private property or otherwise have taking implications.
K. Privacy
The Consolidated Appropriations Act, 2005 (Pub. L. 108-447, 118
Stat. 2809, 3268, 5 U.S.C. 552a note) requires the Agency to conduct a
privacy impact assessment (PIA) of a regulation that will affect the
privacy of individuals. Because this final rule does not require the
collection of personally identifiable information, the Agency is not
required to conduct a PIA.
The E-Government Act of 2002 (Pub. L. 107-347, Sec. 208, 116 Stat.
2899, 2921, Dec. 17, 2002), requires Federal agencies to conduct a PIA
for new or substantially changed technology that collects, maintains,
or disseminates information in an identifiable form. No new or
substantially changed technology would collect, maintain, or
disseminate information as a result of this rule. Accordingly, FMCSA
has not conducted a PIA.
L. E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
program.
M. E.O. 13211 (Energy Supply, Distribution, or Use)
FMCSA has analyzed this final rule under E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' likely to have a significant adverse
effect on the supply, distribution, or use of energy. Therefore, it
does not require a Statement of Energy Effects under E.O. 13211.
N. E.O. 13783 (Promoting Energy Independence and Economic Growth)
E.O. 13783 directs executive departments and agencies to review
existing regulations that potentially burden the development or use of
domestically produced energy resources, and to appropriately suspend,
revise, or rescind those that unduly burden the development of domestic
energy resources. In accordance with E.O. 13783, DOT prepared and
submitted a report to the Director of OMB that provides specific
recommendations that, to the extent permitted by law, could alleviate
or eliminate aspects of agency action that burden domestic energy
production. This rule has not been identified by DOT under E.O. 13783
as potentially alleviating unnecessary burdens on domestic energy
production.
O. E.O. 13175 (Indian Tribal Governments)
This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and
[[Page 48725]]
responsibilities between the Federal Government and Indian tribes.
P. National Technology Transfer and Advancement Act (Technical
Standards)
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through OMB,
with an explanation of why using these standards would be inconsistent
with applicable law or otherwise impractical. Voluntary consensus
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) are standards that are developed or adopted by
voluntary consensus standards bodies. This rule does not use technical
standards. Therefore, FMCSA did not consider the use of voluntary
consensus standards.
Q. Environment (NEPA and CAA)
FMCSA analyzed this rule for the purpose of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680, Mar. 1, 2004),
Appendix 2, paragraph 6.b. This Categorical Exclusion (CE) addresses
minor corrections such as those found in this rulemaking; therefore,
preparation of an environmental assessment or environmental impact
statement is not necessary. The CE determination is available for
inspection or copying in the docket.
FMCSA also analyzed this rule under section 176(c) of the Clean Air
Act, as amended (CAA) (42 U.S.C. 7406(c)), and implementing regulations
promulgated by the Environmental Protection Agency. Approval of this
action is exempt from the CAA's general conformity requirement because
it does not affect direct or indirect emissions of criteria pollutants.
List of Subjects
49 CFR Part 360
Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Hazardous materials transportation, Highway safety,
Insurance, Motor carriers, Motor vehicle safety, Moving of household
goods, Penalties, Reporting and recordkeeping requirements, Surety
bonds.
49 CFR Part 380
Administrative practice and procedure, Highway safety, Motor
carriers, Reporting and recordkeeping requirements.
49 CFR Part 382
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.
49 CFR Part 385
Administrative practice and procedure, Highway safety, Mexico,
Motor carriers, Motor vehicle safety, Reporting and recordkeeping
requirements.
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 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, Hazardous materials
transportation, Highway safety, Intergovernmental relations, Motor
carriers, Parking, Radioactive materials, Reporting and recordkeeping
requirements, Rubber and rubber products.
In consideration of the foregoing, FMCSA amends 49 CFR chapter III
as set forth below:
PART 360--FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE
0
1. The authority citation for part 360 continues to read as follows:
Authority: 31 U.S.C. 9701; 49 U.S.C. 13908; and 49 CFR 1.87.
0
2. Amend Sec. 360.1 as follows:
0
a. Lift the suspension of the section;
0
b. Revise paragraphs (a) and (d)(2); and
0
c. Suspend Sec. 360.1 indefinitely.
Sec. 360.1 Fees for registration-related services.
* * * * *
(a) Certificate of the Director, Office of Management Information
and Services, as to the authenticity of documents, $12;
* * * * *
(d) * * *
(2) The fee for computer searches will be set at the current rate
for computer service. Information on those charges can be obtained from
the Office of Management Information and Services (MC-MM).
* * * * *
0
3. Amend Sec. 360.1T by revising paragraphs (a) and (d)(2) to read as
follows:
Sec. 360.1T Fees for registration-related services.
* * * * *
(a) Certificate of the Director, Office of Management Information
and Services, as to the authenticity of documents, $9.00;
* * * * *
(d) * * *
(2) The fee for computer searches will be set at the current rate
for computer service. Information on those charges can be obtained from
the Office of Management Information and Services (MC-MM).
* * * * *
PART 380--SPECIAL TRAINING REQUIREMENTS
0
4. The authority citation for part 380 is revised to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, 31502;
sec. 4007(a) and (b), Pub. L. 102-240, 105 Stat. 1914, 2151; sec.
32304, Pub. L. 112-141, 126 Stat. 405, 791; and 49 CFR 1.87.
0
5. Amend Sec. 380.603 by revising paragraph (b) to read as follows:
Sec. 380.603 Applicability.
* * * * *
(b) Drivers issued a Class A CDL, Class B CDL, or a passenger (P),
school bus (S), or hazardous materials (H) endorsement before February
7, 2020, are not required to comply with this subpart pertaining to
that CDL or endorsement.
* * * * *
PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING
0
6. The authority citation for part 382 is revised to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec.
32934, Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.
[[Page 48726]]
0
7. Amend Sec. 382.107 by revising paragraph (1) in the definition of
``Commerce'' to read as follows:
Sec. 382.107 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; or
* * * * *
PART 385--SAFETY FITNESS PROCEDURES
0
8. The authority citation for part 385 is revised to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5113,
13901-13905, 13908, 31136, 31144, 31148, 31151, 31502; sec. 350,
Pub. L. 107-87, 115 Stat. 833, 864; and 49 CFR 1.87.
0
9. Amend Appendix B to Part 385, section VII, by revising the entry for
``Sec. 177.835(c)'' to read as follows:
Appendix B to Part 385--Explanation of Safety Rating Process
* * * * *
VII. List of Acute and Critical Regulations
* * * * *
Sec. 177.835(c) Accepting for transportation or transporting
Division 1.1 or 1.2 (explosive) materials in a motor vehicle or
combination of vehicles that is not permitted (acute).
* * * * *
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
10. The authority citation for part 390 continues to read as follows:
Authority: 49 U.S.C. 504, 508, 31132, 31133, 31134, 31136,
31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103-311, 108
Stat. 1673, 1677; sec. 212 and 217, Pub. L. 106-159, 113 Stat. 1748,
1766, 1767; sec. 229, Pub. L. 106-159 (as added and transferred by
sec. 4115 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat.
1144, 1726, 1743; sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745;
secs. 32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 830;
sec. 2, Pub. L. 113-125, 128 Stat. 1388; secs. 5403, 5518, and 5524,
Pub. L. 114-94, 129 Stat. 1312, 1548, 1558, 1560; sec. 2, Pub. L.
115-105, 131 Stat. 2263; and 49 CFR 1.81, 1.81a, 1.87.
0
11. Amend Sec. 390.5 as follows:
0
a. Lift the suspension of the section;
0
b. Revise the definition of ``Medical examiner''; and
0
c. Suspend Sec. 390.5 indefinitely.
Sec. 390.5 Definitions.
* * * * *
Medical examiner means an individual certified by FMCSA and listed
on the National Registry of Certified Medical Examiners in accordance
with subpart D of this part.
* * * * *
0
12. Amend Sec. 390.5T by revising the definition of ``Medical
examiner'' to read as follows:
Sec. 390.5T Definitions.
* * * * *
Medical examiner means an individual certified by FMCSA and listed
on the National Registry of Certified Medical Examiners in accordance
with subpart D of this part.
* * * * *
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
13. The authority citation for part 391 continues to read as follows:
Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 31502; sec.
4007(b), Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114, Pub. L.
103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159, 113 Stat.
1748, 1767; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; secs.
5403 and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1560; sec. 2,
Pub. L. 115-105, 131 Stat. 2263; and 49 CFR 1.87.
0
14. Amend Sec. 391.23 by revising paragraph (a)(1) to read as follows:
Sec. 391.23 Investigations and inquiries.
(a) * * *
(1) An inquiry, within 30 days of the date the driver's employment
begins, to each State where the driver held or holds a motor vehicle
operator's license or permit during the preceding 3 years to obtain
that driver's motor vehicle record.
* * * * *
PART 395--HOURS OF SERVICE OF DRIVERS
0
15. The authority citation for part 395 is revised to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136, 31137, 31502; sec. 113,
Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-159 (as
added and transferred by sec. 4115 and amended by secs. 4130-4132,
Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); 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;
sec. 5206(b), Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.
Sec. 395.2 [Amended]
0
16. Amend Sec. 395.2, in the definition of ``Farm supplies for
agricultural purposes'' by removing the phrase ``at any time of the
year'' and adding in its place the phrase ``at any time of the year''.
0
17. Amend Sec. 395.2, in the definition of ``Transportation of
construction material and equipment'' by removing the word
``tomovements'' and adding in its place the words ``to movements''.
PART 396--INSPECTION, REPAIR, AND MAINTENANCE
0
18. The authority citation for part 396 is revised to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136, 31151, 31502; sec.
32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524, Pub. L. 114-
94, 129 Stat. 1312, 1560; and 49 CFR 1.87.
PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND
PARKING RULES
0
19. 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
20. Amend Sec. 397.73 by revising paragraph (c) to read as follows:
Sec. 397.73 Public information and reporting requirements.
* * * * *
(c) A State or Tribally-designated route is effective only after it
is published in the National Hazardous Materials Route Registry on
FMCSA's website at https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry.
0
21. Amend Sec. 397.103 by revising paragraph (c)(3) to read as
follows:
Sec. 397.103 Requirements for State routing designations.
* * * * *
(c) * * *
(3) The route is published in the National Hazardous Materials
Route Registry on FMCSA's website at https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry.
* * * * *
Issued under the authority delegated in 49 CFR 1.87 on:
September 21, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-21064 Filed 9-26-18; 8:45 am]
BILLING CODE 4910-EX-P