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General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: John Van Steenburg Date: 14 October 2021 Subjects: American Government  , Safety
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[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Rules and Regulations]
[Pages 57060-57077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21228]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Chapter III
[Docket No. FMCSA-2021-0132]
RIN 2126-AC41
General Technical, Organizational, Conforming, and Correcting
Amendments to the Federal Motor Carrier Safety Regulations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FMCSA amends its regulations by making technical corrections
throughout the Federal Motor Carrier Safety Regulations (FMCSRs). 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. The Agency also makes
nondiscretionary, ministerial changes that merely align regulatory
requirements with the underlying statutory authority. Finally, FMCSA
adds two new provisions for transparency relating to agency management
and to FMCSA's rules of organization, procedures, or practice, and
makes corresponding changes to definitions, addresses, and employee
titles throughout the FMCSRs.
DATES: This final rule is effective October 14, 2021.
FOR FURTHER INFORMATION CONTACT: Mr. Nicholas Warren, Regulatory
Development Division, Office of Policy, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001;
(202) 366-6124; nicholas.warren@dot.gov.
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 (80 Stat. 939). 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 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, whose powers and duties are set forth
in 49 U.S.C. 113, has been delegated authority, under 49 CFR 1.81, to
exercise the authority of the Secretary over and with respect to any
personnel within their respective organizations and, under 49 CFR 1.87,
to carry out the motor carrier functions vested in the Secretary of
Transportation. In addition, under 49 CFR 1.81a, except as otherwise
specifically provided in 49 CFR part 1, the Administrator may
redelegate and authorize successive redelegations of authority within
FMCSA under the Administrator's jurisdiction.
Between 1984 and 1999, several 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 (Pub. L.
98-554, Title II, 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, Title XII, 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; the
Omnibus Transportation Employee Testing Act of 1991 (Pub. L. 102-143,
Title V, 105 Stat. 917, 952, Oct. 28, 1991), codified at 49 U.S.C.
31306; 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; and the
Transportation Equity Act for the 21st Century (Pub. L. 105-178, 112
Stat. 107, June 9, 1998).
The Motor Carrier Safety Improvement Act of 1999 (Pub. L. 106-159,
113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new operating
[[Page 57061]]
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 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); 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 (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
Code of Federal Regulations (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)). Good cause exists when an
agency determines that notice and public comment procedures are
impractical, unnecessary, or contrary to the public interest. The
amendments made in this final rule primarily correct inadvertent errors
and omissions, remove or update obsolete references, and make minor
language changes to improve clarity and consistency. Some changes
relate to previous changes that were statutorily mandated or align
regulatory requirements with the underlying statutory authority. In
accommodating those changes, the Agency is performing nondiscretionary,
ministerial acts. 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.
Moreover, the amendment adding a separation of functions provision
in new Sec. 390.8 and almost all of this rule's amendments to
definitions, addresses, and employee titles throughout the FMCSRs
concern an additional exception to the APA's notice and comment
rulemaking procedures for ``rules of agency organization, procedure, or
practice'' (5 U.S.C. 553(b)(3)(A)). These amendments are, therefore,
excepted from the notice and public comment requirements. Further, the
APA does not apply to matters ``relating to agency management or
personnel'' (5 U.S.C. 553(a)(2)); therefore, the notice and comment
rulemaking procedures do not apply to the delegations provision in new
Sec. 390.4.
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.
The Agency 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.
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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
Management and Budget 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)).
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II. Section-by-Section Analysis
This section-by-section analysis describes the changes to the
regulatory text in numerical order.
A. Part 365--Rules Governing Applications for Operating Authority
Sections 365.101 (Suspended) and 365.101T Applications Governed by
These Rules \2\
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\2\ On January 17, 2017, FMCSA suspended certain regulations
relating to the 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 365.101 was one
of the sections suspended and Sec. 365.101T, which is currently in
effect, was one of the replacement sections added (82 FR 5299).
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FMCSA revises paragraph (h) of Sec. Sec. 365.101 (Suspended) and
365.101T to reflect the termination of the North American Free Trade
Agreement and the adoption of the United States-Mexico-Canada Agreement
(USMCA), which came into effect July 1, 2020. This amended provision is
consistent with USMCA Annex I--United States (p. 9) and existing Sec.
365.501(b), which reference the prohibition against a Mexico-domiciled
motor carrier from providing point-to-point transportation services,
including express delivery services, within the United States for goods
other than international cargo.
B. Part 368--Application for a Certificate of Registration To Operate
in Municipalities in the United States on the United States-Mexico
International Border or Within the Commercial Zones of Such
Municipalities
Sections 368.8 (Suspended) and 368.8T Appeals \3\
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\3\ See Note 2. Section 368.8 was another one of the sections
suspended by the January 17, 2017 final rule, and Sec. 368.8T,
which is currently in effect, was another one of the replacement
sections added (82 FR 5304).
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Recent vacancies and organizational changes that affected the
titles of FMCSA employees and office names underscored the need for
FMCSA to add flexibility to redelegate functions internally according
to organizational needs. FMCSA simplifies many sections across various
parts of the CFR to remove or otherwise update references to specific
titles or offices and replace them with ``FMCSA'' and, where necessary
to ensure adequate mail routing, an ``ATTN'' line showing the subject
matter of the petition or request. In Sec. Sec. 368.8 (Suspended) and
368.8T, FMCSA removes the references to ``the Director'' and replaces
them with ``FMCSA'' and replaces ``the Director, Office of Data
Analysis and Information Systems'' with an address and ATTN: line
(``FMCSA, ATTN: Sec. 368.8 Appeal, 1200 New Jersey Avenue SE,
Washington, DC 20590,''). These changes relate to agency management and
do not affect the procedural rights of persons outside FMCSA;
therefore, they are excepted from notice and comment by 5 U.S.C.
553(a)(2).
C. Part 380--Special Training Requirements
Section 380.603 Applicability
FMCSA replaces ``veterans'' with ``military personnel'' in
paragraph (a)(3). This conforming change ensures consistency with Sec.
383.77, which is referenced in paragraph (a)(3). The term ``military
personnel'' is used in Sec. 383.77, and the word ``veterans'' does not
appear in that section. This change ensures that paragraph (a)(3) uses
the correct term when referencing the requirements under Sec. 383.77.
[[Page 57062]]
Section 380.723 Removal From Training Provider Registry: Procedure
As discussed in section II.C., above, FMCSA simplifies many
sections across various parts of the CFR to remove or otherwise update
references to specific titles or offices to provide greater flexibility
in delegations. In paragraph (a) of this section, FMCSA replaces
``FMCSA's Director, Office of Carrier, Driver, and Vehicle Safety
Standards (Director)'' with ``FMCSA, ATTN: Training Provider Registry
Removal, 1200 New Jersey Avenue SE, Washington, DC 20590.'' Throughout
paragraphs (c) and (f), FMCSA replaces ``the Director'' and ``The
Director'' with ``FMCSA.'' In the introductory text of paragraph (d),
FMCSA replaces ``the FMCSA Associate Administrator for Policy
(Associate Administrator)'' with an address and ATTN: line (``FMCSA,
ATTN: Sec. 380.723 Training Provider Registry Removal Proceedings,
1200 New Jersey Avenue SE, Washington, DC 20590,'') and throughout the
rest of paragraph (d) replaces the shorthand references to ``The
Associate Administrator'' and ``the Associate Administrator'' with
``FMCSA.''
Section 380.725 Documentation and Record Retention
FMCSA removes paragraph (b)(4), which currently requires all
training providers on the Training Provider Registry (TPR) to retain
the Training Provider Registration Form submitted to the TPR (see 81 FR
88732, Dec. 8, 2016). This revision reflects that FMCSA recognizes
there is a duplicative record keeping requirement because the TPR will
retain the same information provided on the Training Provider
Registration Form, both as submitted under Sec. 380.703 and as updated
under Sec. 380.719. This amendment simply eliminates that duplicative
record keeping requirement.
Appendix B to Part 380--Class B--CDL Training Curriculum
In Unit B1.1.6 Backing and Docking, FMCSA removes the word
``combination,'' which was inadvertently included. The subject of
appendix B is Class B training and Class B vehicles are not combination
vehicles.
D. Part 381--Waivers, Exemptions, and Pilot Programs
Section 381.200 What is a waiver?
FMCSA amends paragraph (c) to more closely align its language with
the statutory language in 49 U.S.C. 31315(a)(3), which provides that
the Secretary may grant a waiver (after making the specified
determination) ``for nonemergency and unique events.'' The current
language in paragraph (c), ``for unique, non-emergency events,''
implies that waivers are available only for events that are both unique
and nonemergency in nature. This amendment is necessary to ensure
consistency of interpretation and clarify that FMCSA has the authority
to grant waivers under either circumstance.
E. Part 382--Controlled Substances and Alcohol Use and Testing
Section 382.107 Definitions
In the definition of Consortium/Third party administrator (C/TPA)
in Sec. 382.107, FMCSA adds the phrase ``except as provided in Sec.
382.705(c)'' after ``for purposes of this part.'' The Agency makes this
change to conform the definition of C/TPA to the requirement, set forth
in Sec. 382.705(c), that a C/TPA acting on behalf of a self-employed
driver is acting as an ``employer'' when reporting that driver's drug
and alcohol violations to the Clearinghouse, and is therefore
ultimately responsible for compliance with the reporting requirements
in Sec. 382.705(b). The sentence now provides that C/TPAs are not
employers for purposes of the part, except as provided in Sec.
382.705(c).
Section 382.305 Random Testing
This amendment relates to the higher minimum annual percentage rate
for random controlled substances testing made effective for all testing
in 2020 and later. FMCSA amends Sec. 382.305(b)(2) to reflect that the
minimum annual percentage rate for random controlled substances testing
shall be 50 percent of the average number of driver positions, as it
has been effective since January 1, 2020. On December 27, 2019 (84 FR
71527), FMCSA announced the increase of the minimum annual percentage
rate for random controlled substances testing for drivers of CMVs
requiring a CDL from 25 percent of the average number of driver
positions to 50 percent of the average number of driver positions,
effective in calendar year 2020.
The FMCSA Administrator must increase the minimum annual random
testing percentage rate when the data received under the reporting
requirements for any calendar year indicate that the reported positive
rate is equal to or greater than 1.0 percent. Based on the results of
the 2018 FMCSA Drug and Alcohol Testing Survey, the positive rate for
controlled substances random testing increased to 1.0 percent.\4\ As a
result, the Agency increased the controlled substances minimum annual
percentage rate for random controlled substances testing to 50 percent
of the average number of driver positions. (84 FR 71528)
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\4\ FMCSA, Results from the 2018 Drug and Alcohol Testing Survey
(Dec. 2019), available at https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2019-12/RRA-19-015%28b%29-Drug_and_Alcohol_Survey_Results_FINAL-508C.pdf.
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Section 382.703 Driver Consent To Permit Access to Information in the
Clearinghouse
FMCSA replaces the word ``and'' with ``or'' in paragraph (c). This
amendment would correct the erroneous use of ``and'' in paragraph (c).
Paragraph (a) provides that employers must obtain an employee's general
consent before conducting a limited query of the Clearinghouse.
Paragraph (b) provides that employers must obtain an employee's
specific consent before conducting a full query of the Clearinghouse.
The inadvertent use of the word ``and'' in paragraph (c) implies that
employees are precluded from performing safety-sensitive functions only
if they refuse to grant consent for both queries, rather than being
precluded upon refusal to grant consent for either query as was
originally intended. See 81 FR 87686, 87713 (``This section provides
that no employer may obtain information about an individual from the
Clearinghouse without that individual's express consent. It also
provides that an employee cannot perform safety-sensitive functions if
he or she refuses to give this consent.'').
Section 382.717 Procedures for Correcting Information in the Database
As discussed in section II.C., above, FMCSA simplifies many
sections across various parts of the CFR to remove or otherwise update
references to specific titles or offices to provide greater flexibility
in delegations. In paragraph (c) of this section, FMCSA replaces
``Office of Enforcement and Compliance, Attention: Drug and Alcohol
Program Manager'' with ``ATTN: Drug and Alcohol Clearinghouse Petition
for Review.'' In paragraph (f)(2), FMCSA replaces ``the Associate
Administrator for Enforcement (MC-E)'' with ``FMCSA, ATTN: Drug and
Alcohol Clearinghouse Administrative Review.'' Finally, in paragraph
(f)(4), FMCSA replaces the shorthand reference to ``The Associate
Administrator's'' with ``FMCSA's.''
[[Page 57063]]
F. Part 383--Commercial Driver's License Standards; Requirements and
Penalties
Section 383.71 Driver Application and Certification Procedures
FMCSA removes paragraph (a)(1), removes the introductory text from
paragraph (a)(2), and renumbers paragraphs (a)(2)(i) through (ix) as
paragraphs (a)(1) through (9). These revisions remove requirements
relating to commercial learner's permit applications submitted prior to
July 18, 2015, which are no longer necessary. These revisions will
clarify and streamline the section by removing requirements that are
out-of-date.
Section 383.73 State Procedures
FMCSA revises the introductory text to paragraph (a), removes
paragraph (a)(1), removes the introductory text from paragraph (a)(2),
renumbers paragraphs (a)(2)(i) through (vii) as paragraphs (a)(1)
through (7), and renumbers paragraphs (a)(7)(A) and (B) as paragraphs
(a)(7)(i) and (ii). These changes remove requirements relating to
commercial learner's permit issued prior to July 18, 2015, similar to
the changes above in Sec. 383.71. FMCSA also updates cross-references
to Sec. 383.71 to reflect the changes in that section above.
FMCSA replaces ``CMV'' with ``CDL'' in paragraphs (o)(4)(i)(A)(1)
and (2). This amendment corrects an inadvertent error in the
terminology used in this section. A ``CDL downgrade'' involves the
State removing the ``CDL'' privilege from the driver license, not the
``CMV'' privilege. See 49 CFR 383.5 (definition of CDL Downgrade,
paragraph 4).
FMCSA replaces ``insure'' with ``ensure'' in paragraph (o)(5). This
revision corrects an inadvertent word choice error. The word ``insure''
generally means to cover something with insurance, while the word
``ensure'' generally means to make sure something happens. It is clear
from the context of the last sentence in paragraph (o)(5) that
``ensure'' is the word with the intended meaning.
G. Part 385--Safety Fitness Procedures
Sections 385.15 Administrative Review and 385.423 Does a motor carrier
have a right to an administrative review of a denial, suspension, or
revocation of a safety permit?
Under 49 U.S.C. 113(e) and 49 CFR 386.1(a), the Chief Safety
Officer is the Assistant Administrator of FMCSA. To be consistent with
other sections within the FMCSRs, FMCSA replaces the term ``Chief
Safety Officer'' with ``Assistant Administrator'' throughout Sec. Sec.
385.15 and 385.423. In addition, in Sec. 385.15(c), FMCSA adds a comma
after ``Assistant Administrator'' and ``ATTN: Adjudications Counsel''
to clarify that requests for administrative review under this section
should be directed to FMCSA's Adjudications Counsel to ensure that
these requests are promptly received by the appropriate office for
processing. This practice is consistent with other proceedings before
the Assistant Administrator. See 49 CFR 383.52(c), 385.423(c),
385.911(e), 385.915(f), and 386.73(g). These updates are merely
intended to provide greater clarity and transparency; they do not
change existing authorities or practices.
Sections 385.113 Administrative Review and 385.711 Administrative
Review
As discussed in section II.C., above, FMCSA simplifies many
sections across various parts of the CFR to remove or otherwise update
references to specific titles or offices to provide greater flexibility
in delegations. In Sec. Sec. 385.113(b) and 385.711(b), FMCSA replaces
``the Associate Administrator for Enforcement and Program Delivery (MC-
E), Federal Motor Carrier Safety Administration'' and the same text
without the ``(MC-E)'' routing designation with ``FMCSA'' and an ATTN:
line (``FMCSA, ATTN: Sec. 385.113 Request for Administrative
Review''). In Sec. Sec. 385.113(d) and 385.711(d), FMCSA replaces
``The Associate Administrator's'' with ``FMCSA's.''
Sections 385.903 Definitions and 385.1003 Definitions
As part of the effort (discussed in section II.C., above) to update
references to specific titles or offices and provide greater
flexibility in delegations, FMCSA amends the definition of the term
Agency Official in Sec. Sec. 385.903 and 385.1003. The term was
defined in both sections to mean ``the Director of FMCSA's Office of
Enforcement and Compliance or his or her designee'' but is now amended
to mean ``the FMCSA employee with delegated authority under this
subpart.''
H. Part 386--Rules of Practice for FMCSA Proceedings
Section 386.2 Definitions
In Sec. 386.2, FMCSA revises the definition of Assistant
Administrator to use language that is consistent with the new
definition of Assistant Administrator in Sec. Sec. 390.5 (Suspended)
and 390.5T. In addition, FMCSA replaces the term Decisionmaker in Sec.
386.2 with Agency decisionmaker, which is the term used throughout part
386, and clarifies that the Agency decisionmaker makes the final
decision for all administrative proceedings under part 386, not merely
civil penalty proceedings. See, e.g., 49 CFR 386.73(g)(9). Finally,
FMCSA revises the definition of Field Administrator by adding ``or an
authorized delegee'' to the end of the definition, which is consistent
with the clarification made to the definition of Assistant
Administrator in this section (and in the new definition in Sec. Sec.
390.5 (Suspended) and 390.5T). These updates are merely intended to
provide greater clarity and transparency; they do not change existing
authorities or practices.
Section 386.3 Separation of Functions
In Sec. 386.3, FMCSA expands the application of its separation of
functions provision in part 386 from civil penalty proceedings to also
include proceedings under Sec. 386.11, Sec. 386.72, or Sec. 386.73.
This change streamlines the amendments made to part 386 in this rule
because FMCSA would otherwise have needed to add a separation of
functions provision to each of those sections, for clarity. This
amendment codifies the separation of functions practices that FMCSA has
maintained relating to these proceedings. FMSCA also adds a comma after
the words ``Hearing Officer''.
Sections 386.11 Commencement of Proceedings, 386.48 Medical Records and
Physicians' Reports, 386.71 Injunctions, 386.72 Imminent Hazard, and
386.73 Operations Out of Service and Record Consolidation Proceedings
(Reincarnated Carriers)
As discussed in section II.C., above, FMCSA simplifies many
sections across various parts of the CFR to remove or otherwise update
references to specific titles or offices to provide greater flexibility
in delegations. In Sec. Sec. 386.11(a) introductory text and 386.48,
FMCSA replaces ``the Director, Office of Carrier, Driver and Vehicle
Safety Standards (MC-PS)'' with ``FMCSA.'' FMCSA also inserts ``FMCSA''
in lieu of ``the Chief Counsel'' (Sec. 386.71), ``the Director of the
Office of Enforcement and Compliance or a Division Administrator, or
his or her delegate,'' (Sec. 386.72(b)(1) introductory text), ``An
FMCSA Field Administrator or the Director of FMCSA's Office of
Enforcement and Compliance (Director)'' (Sec. 386.73(a) introductory
text), and ``The Field Administrator or Director'' or ``the Field
Administrator or Director'' (throughout Sec. 386.73). Similarly, FMCSA
replaces ``Field Administrator or Director'' with ``FMCSA official.''
[[Page 57064]]
Sections 386.83 Sanction for Failure To Pay Civil Penalties or Abide by
Payment Plan; Operation in Interstate Commerce Prohibited and 386.84
Sanction for Failure To Pay Civil Penalties or Abide by Payment Plan;
Suspension or Revocation of Registration
Under 49 U.S.C. 113(e) and 49 CFR 386.1(a), the Chief Safety
Officer is the Assistant Administrator of FMCSA. To be consistent with
other sections within the FMCSRs, FMCSA replaces the term ``Chief
Safety Officer'' with ``Assistant Administrator'' in Sec. Sec.
386.83(b)(2) and 386.84(b)(2). These updates are merely intended to
provide greater clarity and transparency; they do not change existing
authorities or practices.
I. Part 387--Minimum Levels of Financial Responsibility for Motor
Carriers
Section 387.9 Financial Responsibility, Minimum Levels
FMCSA revises the table in Sec. 387.9. The table, as currently
written, switches between ``in bulk,'' ``any quantity,'' and ``in
excess of 3,500 gallons.'' All of these terms refer to the definition
of In bulk in Sec. 387.5. The table is revised to replace all these
terms with ``in bulk'' throughout the table. This revision eliminates
confusion and increases consistency by replacing a variety of similar
terms with a singular, defined term throughout the table.
Sections 387.323 (Suspended) and 387.323T Electronic Filing of Surety
Bonds, Trust Fund Agreements, Certificates of Insurance and
Cancellations \5\
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\5\ See Note 2. Section 387.323 was another one of the sections
suspended by the January 17, 2017 final rule, and Sec. 387.323T,
which is currently in effect, was another one of the replacement
sections added (82 FR 5309).
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FMCSA revises paragraph (c) of Sec. 387.323 (Suspended) and
387.323T to reflect an updated link for filings that are transmitted
online. Filers should use the updated link at https://li-public.fmcsa.dot.gov.
J. Part 390--Federal Motor Carrier Safety Regulations; General
Section 390.3T General Applicability
In Sec. 390.3T, FMCSA removes the reference date in the
introductory text of paragraph (h). The introductory text of paragraph
(h) states that certain provisions apply to intermodal equipment
providers ``[o]n and after December 17, 2009.'' This reference date is
over 11 years old and can be safely removed without changing the
requirements in paragraph (h).
Section 390.4 Delegations and Redelegations of Authority of FMCSA
Employees To Perform Assigned Actions or Duties
New Sec. 390.4 clarifies internal delegations of authority and
assignments of responsibility within FMCSA and does not affect the
procedural rights of persons outside FMCSA. As such, the clarifications
are rules related to management and personnel. 5 U.S.C. 553(a)(2).
Moreover, these clarifications relate solely to agency organization,
procedure, or practice and do not constitute a substantive rule. 5
U.S.C. 553(b)(3)(A). These changes do not affect the regulatory
requirements imposed upon regulated entities. Therefore, they are
excepted from notice and comment. Clarifying the responsibilities for
personnel delegated authority in agency regulations is an internal
management function. See United States v. Saunders, 951 F.2d 1065, 1068
(9th Cir. 1991) (delegations of authority have ``no legal impact on, or
significance for, the general public,'' and ``simply effect[ ] a
shifting of responsibilities wholly internal to the Treasury
Department''); Lonsdale v. United States, 919 F.2d 1440, 1446 (10th
Cir. 1990) (``APA does not require publication of [rules] which
internally delegate authority to enforce the Internal Revenue laws'').
It should be noted, however, that the decision to memorialize some
internal agency management procedures in regulation does not limit an
agency's general authority, without changing rule text, to establish or
make changes to other internal agency management procedures (i.e.,
those not already memorialized in regulation).
Sections 390.5 (Suspended) and 390.5T Definitions \6\
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\6\ See Note 2. Section 390.5 was another one of the sections
suspended by the January 17, 2017 final rule, and Sec. 390.5T,
which is currently in effect, was another one of the replacement
sections added (82 FR 5309).
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In Sec. Sec. 390.5 (suspended) and 390.5T, FMCSA adds a definition
of the term Assistant Administrator to clarify that references to the
Assistant Administrator may include an individual who has been
delegated the authority of the Assistant Administrator.
FMCSA modifies the definition of Emergency in these sections by
replacing, in paragraph (1), ``the FMCSA Field Administrator for the
geographical area in which the occurrence happens'' with ``FMCSA.'' As
discussed in section II.C., above, FMCSA simplifies many sections
across various parts of the CFR to remove or otherwise update
references to specific titles or offices to provide greater flexibility
in delegations. This edit conforms and relates to the edits made to
Sec. Sec. 390.23 and 390.25, as discussed below.
In addition, FMCSA modifies the definition of Exempt intracity zone
by replacing the reference to ``appendix F of subchapter B of this
chapter'' with ``appendix A to part 372'' in both sections to reflect
the new location of this appendix per the redesignation edits in
chapter III, subchapter B. The redesignation of this appendix is
discussed further in Section II.P, below.
FMCSA also adds a definition of Field Administrator identical to
the revised definition of that term in Sec. 386.2, which has been
slightly modified to clarify that the actions or duties assigned to the
Field Administrator may be carried out by an authorized delegee. This
definition applies throughout 49 CFR chapter III, subchapter B, whereas
the definition in Sec. 386.2 applies only to part 386. Adding the
definition of Field Administrator to Sec. 390.5T clarifies that,
throughout subchapter B, the term refers to the head of the Service
Center, regardless of changes to the title of that position (e.g., the
head of the Service Center was previously the ``Field Administrator,''
but is now the ``Regional Field Administrator''), which is consistent
with how the term has been applied in the context of Sec. 386.2. These
updates are merely intended to provide greater clarity and
transparency; they do not change existing authorities or practices.
Section 390.8 Separation of Functions
In new Sec. 390.8, FMCSA adds a separation of functions provision
that applies to various administrative review proceedings under parts
380, 382, 390, 391, and 395. This amendment clarifies that FMCSA
applies a separation of functions between Agency employees engaged in
investigative or prosecutorial functions and the initial Agency
determination, and those who participate or advise in the final Agency
decision. This new section codifies separation of functions practices
that FMCSA has maintained relating to these procedures. FMCSA adopts
language similar to the language in Sec. Sec. 385.21 and 386.3, which
are the separation of functions provisions applicable to administrative
reviews of safety ratings and proposed civil penalties, respectively.
Sections 390.23 Relief From Regulations and 390.25 Extension of Relief
From Regulations--Emergencies
As discussed in section II.C., above, FMCSA simplifies many
sections across
[[Page 57065]]
various parts of the CFR to remove or otherwise update references to
specific titles or offices to provide greater flexibility in
delegations. In Sec. Sec. 390.23(a) (paragraphs (a)(1)(i)(B),
(a)(1)(ii)(A), (a)(2)(i)(B), and (a)(2)(ii)) and 390.25, FMCSA replaces
``The FMCSA Field Administrator'' and ``the FMCSA Field Administrator''
with ``FMCSA.''
Sections 390.115 Procedure for Removal From the National Registry of
Certified Medical Examiners and 390.135 Procedure for Removal of a
Certified VA Medical Examiner From the National Registry of Certified
Medical Examiners
As discussed in section II.C., above, FMCSA simplifies many
sections across various parts of the CFR to remove or otherwise update
references to specific titles or offices to provide greater flexibility
in delegations. In Sec. Sec. 390.115(a) and 390.135(a), FMCSA replaces
``the FMCSA Director, Office of Carrier, Driver and Vehicle Safety
Standards'' with ``FMCSA'' and an ATTN: line (``FMCSA, ATTN: Removal
from National Registry of Certified Medical Examiners''). Similarly, in
Sec. Sec. 390.115(d) and 390.135(d), FMCSA replaces ``the FMCSA
Associate Administrator for Policy'' with ``FMCSA'' and an ATTN: line
(``FMCSA, ATTN: National Registry of Certified Medical Examiners--
Request for Administrative Review'').
FMCSA also inserts ``FMCSA'' in lieu of ``the Director, Office of
Carrier, Driver and Vehicle Safety Standards'' and its slight variation
``The Director, Office of Carrier, Driver and Vehicle Safety
Standards'' throughout Sec. Sec. 390.115 and 390.135. The table in the
amendatory instructions for these sections identifies each paragraph
where these changes occur. In Sec. Sec. 390.115(c)(1)(i) and (ii) and
390.135(c)(1)(i) and (ii), FMCSA replaces this same title and the words
that immediately follow (``finds it'') with ``FMCSA finds it'' so as to
read (in the first of six instances) ``If FMCSA finds it has wholly
relied on . . .'' rather than ``If the Director Office of Carrier,
Driver and Vehicle Safety Standards finds FMCSA has wholly relied on .
. .''. Finally, FMCSA inserts ``FMCSA'' in lieu of ``The Associate
Administrator'' and its slight variation ``the Associate
Administrator'' throughout Sec. Sec. 390.115(d) and 390.135(d), as
described in the table in the amendatory instructions for these
sections.
K. Part 391--Qualifications of Drivers and Longer Combination Vehicle
(LCV) Driver Instructors
Sections 391.43 Medical Examination; Certificate of Physical
Examination and 391.47 Resolution of Conflicts of Medical Evaluation
As discussed in section II.C., above, FMCSA simplifies many
sections across various parts of the CFR to remove or otherwise update
references to specific titles or offices to provide greater flexibility
in delegations. In Sec. Sec. 391.43(g)(5)(i)(A) and (B) and 391.47(c),
(d)(1) and (2), and (f), FMCSA replaces ``the Director, Office of
Carrier, Driver and Vehicle Safety Standards'' and its slight variant
``The Director, Office of Carrier, Driver and Vehicle Safety
Standards'' with ``FMCSA.'' FMCSA also replaces the shorthand terms
``The Director'' and ``The Director's'' with ``FMCSA'' and ``FMCSA's''
in Sec. 391.47(c) and (e), respectively.
Section 391.49 Alternative Physical Qualification Standards for the
Loss or Impairment of Limbs
As discussed in section II.C., above, FMCSA simplifies many
sections across various parts of the CFR to remove or otherwise update
references to specific titles or offices to provide greater flexibility
in delegations. In Sec. 391.49(a), (g), (h), (j)(1), and (k), FMCSA
removes the references to ``the Division Administrator, FMCSA,'' or to
the ``The Division Administrator/State Director, FMCSA,'' as
applicable, leaving only the references to FMCSA. In paragraph (b)(2),
FMCSA specifies the application must be submitted to ``the SPE
Certificate Program at the applicable FMCSA service center'' rather
than ``the applicable field service center, FMCSA.'' In paragraphs
(e)(1) introductory text, (e)(1)(i) and (ii), and (i), the Agency
replaces ``Medical Program Specialist, FMCSA service center,''
``Medical Program Specialist, FMCSA field service center,'' and
``Medical Program Specialist, FMCSA'' with ``SPE Certificate Program,
FMCSA service center.'' In paragraph (j)(2), FMCSA simplifies ``the
Division Administrator/State Director, FMCSA, for the State where the
driver applicant has legal residence'' to ``FMCSA.''
In addition, in Sec. 391.49(d)(1) after ``A copy of the,'' FMCSA
adds ``Medical Examination Report Form, MCSA-5875, documenting the.''
In paragraph (i)(7), FMCSA replaces ``medical examination report'' with
``Medical Examination Report Form, MCSA-5875.'' In paragraph (d)(2),
FMCSA changes ``medical certificate'' to ``Medical Examiner's
Certificate, Form MCSA-5876.'' These changes provide clarity and assist
the reader by specifying the current forms required and adopted in 2015
(see 80 FR 22790, Apr. 23, 2015). In addition to the change above in
paragraph (j)(2), the Agency replaces ``a Skill Performance Evaluation
Program Specialist'' with ``an SPE Evaluator'' to be consistent with
the terminology used in the program and to avoid confusion with an SPE
Medical Program Specialist.
FMCSA removes the paragraph headings for paragraphs (b) and (e) to
ensure consistency throughout the section. FMCSA also adds hyphens to
the term ``co-applicants'' throughout the section and the term ``above-
named'' in the form under paragraph (j)(2).
Section 391.51 General Requirements for Driver Qualification Files
In Sec. 391.51, FMCSA makes edits to conform to the edits made to
paragraph (a) of Sec. 391.49, which Sec. 391.51(b)(8) cross-
references. Specifically, rather than state that the qualification file
for a driver must include a ``Skill Performance Evaluation Certificate
obtained from a Field Administrator, Division Administrator, or State
Director issued in accordance with Sec. 391.49,'' paragraph (b)(8)
will refer to a ``Skill Performance Evaluation Certificate issued by
FMCSA in accordance with Sec. 391.49.'' This language is also
structured to parallel the structure in the rest of the paragraph
regarding a ``Medical Exemption document issued by a Federal medical
program in accordance with part 381 of this chapter.''
Section 391.61 Drivers Who Were Regularly Employed Before January 1,
1971
FMCSA revises Sec. 391.61 by changing the reference in that
section from Sec. 391.33 to Sec. 391.31. This revision corrects an
earlier mistake when FHWA inadvertently changed the reference in Sec.
391.61 from Sec. 391.31 to Sec. 391.33. When Sec. 391.61 was adopted
in 1971, the regulation referenced Sec. 391.31 (35 FR 6458, 6466, Apr.
22, 1970).
On January 27, 1997, FHWA proposed to eliminate the requirement for
a road test in Sec. 391.31 and stated the removal of the regulation
affects Sec. 391.61 (62 FR 3855, 3858). There was no discussion of
changes made to Sec. 391.61 (see 62 FR 3859). In the June 18, 1998
final rule, FHWA decided to retain Sec. 391.31 and the road test
requirement, but amended Sec. 391.61 to include Sec. 391.33 instead
of Sec. 391.31 in error (see 63 FR 33254, 33263-64, 33278).
[[Page 57066]]
L. Part 393--Parts and Accessories Necessary for Safe Operation
Section 393.47 Brake Actuators, Slack Adjusters, Linings/Pads, and
Drums/Rotors
FMCSA amends this section in response to a December 17, 2018
petition for rulemaking from the Commercial Vehicle Safety Alliance
(CVSA). After consulting with a major brake chamber supplier concerning
the manufacturer's recommended adjustment limits for type 36 clamp-type
chambers, CVSA requested that FMCSA amend the FMCSRs to specify the
correct readjustment limit for such chambers in Sec. 393.47(e)(l) and
appendix G, section 1. Brake System. CVSA noted its belief that the
incorrect value was taken directly from the 2001 edition of Society for
Automotive Engineers (SAE) standard J1817 (SAE J1817), which also
contains the error, and informed FMCSA that SAE was in the process of
correcting the error.
FMCSA has reviewed the February 2018 edition of SAE J1817 (as well
as the June 2017 edition of SAE J2899) and confirmed that the
readjustment limit for type 36 clamp-type brake chambers is 2.5 in.
(63.5 mm.). The readjustment limits specified in the August 6, 2012
final rule (77 FR 46633, 46638) were based on the July 2001 SAE J1817
that had been incorporated by reference in Sec. 393.7(b)(15) on August
15, 2005 (70 FR 48008, 48027). Because SAE has since corrected the
error, FMCSA makes conforming amendments to the entries for type 36
clamp-type chambers in Sec. 393.47(e)(l) and appendix G, section 1.
Brake System. FMCSA has placed a copy of CVSA's 2018 petition in the
docket for this rulemaking.
Section 393.71 Coupling Devices and Towing Methods, Driveaway-Towaway
Operations
FMCSA replaces ``insure'' with ``ensure'' throughout the section.
This revision corrects an inadvertent word choice error and follows the
rationale of the change to Sec. 383.73 in section II.I., above.
M. Part 395--Hours of Service of Drivers
Section 395.13 Drivers Ordered Out of Service
In Sec. 395.13, FMCSA replaces the words ``declared,''
``declare,'' and ``declaring'' with ``ordered,'' ``order,'' and
``ordering,'' respectively, in both the text of the section and in the
title of the section. Section 383.5 defines an out-of-service ``order''
to include Sec. Sec. 396.9, 395.13, 392.5, and 386.72. However, Sec.
395.13 uses the word ``declared'' instead of ``ordered,'' which is
inconsistent with Sec. Sec. 392.5 and 386.72, both of which state
``order.'' These amendments would provide clarity and consistency; now
Sec. 395.13 will use ``ordered'' instead of ``declared'' to mirror the
language of Sec. 383.37(d), which provides when a driver or vehicle is
subject to an out-of-service ``order.'' FMCSA also adds the word
``the'' before ``motor carrier'' in paragraph (d)(3).
Appendix A to Subpart B of Part 395 Functional Specifications for All
Electronic Logging Devices (ELDs)
In reference sections 5.4.3, 5.4.4(b), and 5.4.4(d), FMCSA replaces
``the Director, Office of Carrier Driver, and Vehicle Safety
Standards'' and its slight variants (one with a comma at the end and
the other beginning with a capital ``t'' in ``The'') with simply
``FMCSA.'' FMCSA also inserts ``FMCSA'' in lieu of the shorthand
version (``the Director'') in reference sections 5.4.4(c) and 5.4.4(d).
In reference section 5.4.4.(b), FMCSA replaces ``the Associate
Administrator for Policy'' with ``FMCSA, ATTN: ELD Removal--Request for
Administrative Review.'' FMCSA also replaces ``The Associate
Administrator'' (in reference sections 5.4.5(c) and (d)) and its slight
variant ``the Associate Administrator'' (in reference section 5.4.5(c))
with ``FMCSA.''
In addition, in reference section 7.19 Engine Hours, FMCSA corrects
a typographical error. Namely, FMCSA removes a comma from the stated
range to ensure the value is within the required data length of 3-7
characters and the range for elapsed engine hours reflects the proper
value.
N. Part 396--Inspection, Repair, and Maintenance
Section 396.9 Inspection of Motor Vehicles and Intermodal Equipment in
Operation
In Sec. 396.9(c), FMCSA replaces the words ``declared'' and
``declare'' with ``ordered,'' and ``order,'' respectively, and replaces
the word ``notice'' (in the phrase ``out-of-service notice'' with
``order'' (to read ``out-of-service order''). Section 383.5 defines an
out-of-service ``order'' to include Sec. Sec. 396.9, 395.13, 392.5,
and 386.72. However, Sec. 396.9 uses the word ``declared'' instead of
``ordered,'' which is inconsistent with Sec. Sec. 392.5 and 386.72,
both of which use the word ``order.'' These amendments provide clarity
and consistency; Sec. 396.9(c) will use ``ordered'' instead of
``declared'' to mirror the language of Sec. 395.13, as modified in
section II..M, above.
Sections 396.17 Periodic Inspection, 396.19 Inspector Qualifications,
and 396.21 Periodic Inspection Recordkeeping Requirements
As further discussed in section II.P. below, FMCSA redesignates
appendix G to subchapter B of chapter III (``Minimum Periodic
Inspection Standards'') as appendix A to part 396. Accordingly, FMCSA
amends Sec. Sec. 396.17, 396.19, and 396.21 to change the cross-
references to ``appendix G of this subchapter'' and ``appendix G of
this subchapter'' to reflect the new name and location of the appendix
(i.e., ``appendix A to part 396--. . .'').
O. Part 398--Transportation of Migrant Workers
Section 398.4 Driving of Motor Vehicles
FMCSA replaces ``insure'' with ``ensure'' in paragraph (a). This
revision corrects an inadvertent word choice error and follows the
rationale of the change to Sec. 383.73 in section II..I, above.
Section 398.7 Inspection and Maintenance of Motor Vehicles
FMCSA replaces ``insure'' with ``ensure'' in Sec. 398.7. This
revision corrects an inadvertent word choice error and follows the
rationale of the change to Sec. 383.73 in section II..I, above.
P. Chapter III--Federal Motor Carrier Safety Administration, Department
of Transportation, Subchapter B--Federal Motor Carrier Safety
Regulations Appendix F to Subchapter B of Chapter III--Commercial Zones
and Appendix G to Subchapter B of Chapter III--Minimum Periodic
Inspection Standards
FMCSA currently has a number of appendices listed as appendices to
subchapter B of chapter III that directly pertain to other parts of the
CFR. FMCSA believes it would be beneficial to move two of those
appendices, appendices F and G, to the parts of title 49 of the CFR to
which they pertain. FMCSA implements these changes by redesignating
appendix F as appendix A to part 372, and redesignating appendix G as
appendix A to part 396.
FMCSA also makes amendments to the entry for type 36 clamp-type
chambers in the ``Clamp-Type Brake Chambers'' table in section 1 of the
newly redesignated appendix A to part 396 as discussed in section II.L.
[[Page 57067]]
III. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
FMCSA has considered the impact of this final rule under E.O. 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563
(76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory
Review, and DOT's regulatory policies and procedures. The Office of
Information and Regulatory Affairs within the Office of Management and
Budget (OMB) determined that this final rule is not a significant
regulatory action under section 3(f) of E.O. 12866, as supplemented by
E.O. 13563, 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 E.O.
The amendments made in this final rule primarily correct
inadvertent errors and omissions, remove or update obsolete references,
and make minor language changes to improve clarity and consistency.
Some changes relate to previous changes that were statutorily mandated
or merely align regulatory requirements with the underlying statutory
authority. In accommodating those changes, the Agency is performing
nondiscretionary, ministerial acts. Two new provisions relate to agency
management and to FMCSA's rules of organization, procedures, or
practice. 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. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801-808), the
Office of Information and Regulatory Affairs designated this rule as
not a ``major rule,'' as defined by 5 U.S.C. 804(2).
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 (Pub. L. 104-121, 110 Stat. 857, Mar.
29, 1996), FMCSA wants to assist small entities in understanding this
final rule so they can better evaluate its effects on themselves 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 person listed under 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 a State, local, or Tribal government, in
the aggregate, or by the private sector of $170 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2020 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 contains no new information collection requirements
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. Privacy
The Consolidated Appropriations Act, 2005 (Pub. L. 108-447, 118
Stat. 2809, 3268, Dec. 8, 2004 (5 U.S.C. 552a note)), requires the
Agency to conduct a privacy impact assessment of a regulation that will
affect the privacy of individuals. Because this rule does not require
the collection of personally identifiable information, the Agency is
not required to conduct a privacy impact assessment.
The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program.
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
privacy impact assessment for new or substantially changed technology
that collects, maintains, or disseminates information in an
identifiable form. No new or substantially changed technology will
collect, maintain, or disseminate information as a result of this rule.
Accordingly, FMCSA has not conducted a privacy impact assessment.
I. 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 responsibilities between
the Federal Government and Indian Tribes.
J. National Environmental Policy Act of 1969
FMCSA analyzed this rule pursuant to the National Environmental
Policy Act of 1969 (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, paragraphs 6.b and
c. These Categorical Exclusions address minor corrections and
regulations concerning internal agency functions, organization, or
personnel administration such as those
[[Page 57068]]
found in this rulemaking. Therefore, preparation of an environmental
assessment or environmental impact statement is not necessary.
List of Subjects
49 CFR Part 365
Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Maritime carriers, Mexico, Motor carriers, Moving of
household goods.
49 CFR Part 368
Administrative practice and procedure, Mexico, Motor carriers.
49 CFR Part 380
Administrative practice and procedure, Highway safety, Motor
carriers, Reporting and recordkeeping requirements.
49 CFR Part 381
Motor carriers.
49 CFR Part 382
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.
49 CFR Part 383
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.
49 CFR Part 385
Administrative practice and procedure, Highway safety,
Incorporation by reference, Mexico, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.
49 CFR Part 386
Administrative practice and procedure, Brokers, Freight forwarders,
Hazardous materials transportation, Highway safety, Motor carriers,
Motor vehicle safety, Penalties.
49 CFR Part 387
Buses, Freight, Freight forwarders, Hazardous materials
transportation, Highway safety, Insurance, Intergovernmental relations,
Motor carriers, Motor vehicle safety, Moving of household goods,
Penalties, Reporting and recordkeeping requirements, Surety bonds.
49 CFR Part 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 398
Highway safety, Migrant labor, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, FMCSA amends 49 CFR chapter III
as set forth below:
Appendix F to Subchapter B of Chapter III [Transferred to Part 372 and
Redesignated as Appendix A to Part 372]
0
1. Under the authority of 44 U.S.C. 1505 and 1510, appendix F to
subchapter B of chapter III is transferred to part 372 and redesignated
as appendix A to part 372.
Appendix G to Subchapter B of Chapter III [Transferred to Part 396 and
Redesignated as Appendix A to Part 396]
0
2. Under the authority of 44 U.S.C. 1505 and 1510, appendix G to
subchapter B of chapter III is transferred to part 396 and redesignated
as appendix A to part 396.
PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
0
3. The authority citation for part 365 continues to read as follows:
Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-
13906, 13908, 14708, 31133, 31138, and 31144; 49 CFR 1.87.
0
4. Amend Sec. 365.101 as follows:
0
a. Lift the suspension of the section;
0
b. Revise paragraph (h); and
0
c. Suspend the section indefinitely.
The revision reads as follows:
Sec. 365.101 Applications governed by these rules.
* * * * *
(h) Applications for Mexico-domiciled motor carriers to operate in
foreign commerce as common, contract or private motor carriers of
property (including exempt items) between Mexico and all points in the
United States. A Mexico-domiciled motor carrier may not provide point-
to-point transportation services, including express delivery services,
within the United States for goods other than international cargo.
* * * * *
0
5. Amend Sec. 365.101T by revising paragraph (h) to read as follows:
Sec. 365.101T Applications governed by these rules.
* * * * *
(h) Applications for Mexico-domiciled motor carriers to operate in
foreign commerce as for-hire or private motor carriers of property
(including exempt items) between Mexico and all points in the United
States. A Mexico-domiciled motor carrier may not provide point-to-point
transportation services, including express delivery services, within
the United States for goods other than international cargo.
* * * * *
PART 368--APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE
IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO
INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH
MUNICIPALITIES
0
6. The authority citation for part 368 is revised to read as follows:
Authority: 49 U.S.C. 13301, 13902, 13908; Pub. L. 106-159, 113
Stat. 1748; and 49 CFR 1.87.
0
7. Amend Sec. 368.8 as follows:
0
a. Lift the suspension of the section;
0
b. Revise the third sentence; and
0
c. Suspend the section indefinitely.
The revision reads as follows:
Sec. 368.8 Appeals.
* * * The appeal must be filed with FMCSA, ATTN: Sec. 368.8
Appeal, 1200 New Jersey Avenue SE, Washington, DC 20590, within 20 days
of the date of the letter denying the application.
0
8. Amend Sec. 368.8T by revising the third and fourth sentences to
read as follows:
Sec. 368.8T Appeals.
* * * The appeal must be filed with FMCSA, ATTN: Sec. 368.8
Appeal, 1200 New Jersey Avenue SE, Washington, DC 20590, within 20 days
of the date of the letter denying the application. The decision will be
the final agency order.
[[Page 57069]]
PART 380--SPECIAL TRAINING REQUIREMENTS
0
9. 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, 2151-2152;
sec. 32304, Pub. L. 112-141, 126 Stat. 405, 791; and 49 CFR 1.87.
0
10. Amend Sec. 380.603 by revising paragraph (a)(3) to read as
follows:
Sec. 380.603 Applicability.
(a) * * *
(3) Military personnel with military CMV experience who meet all
the requirements and conditions of Sec. 383.77 of this chapter; and
* * * * *
Sec. 380.723 [Amended]
0
11. In the table below, for each paragraph of Sec. 380.723 indicated
in the left column, remove the text indicated in the middle column from
wherever it appears, and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Paragraph Remove Add
------------------------------------------------------------------------
(a)............................. FMCSA's Director, FMCSA, ATTN:
Office of Training Provider
Carrier, Driver, Registry Removal,
and Vehicle 1200 New Jersey
Safety Standards Avenue SE,
(Director). Washington, DC
20590.
(c) introductory text, (c)(1)(i) the Director...... FMCSA.
and (ii), and (c)(2)(i).
(c)(1) introductory text and The Director...... FMCSA.
(c)(2)(i) and (ii).
(d) introductory text........... the FMCSA FMCSA, ATTN: Sec.
Associate 380.723 Training
Administrator for Provider Registry
Policy (Associate Removal
Administrator). Proceedings, 1200
New Jersey Avenue
SE, Washington,
DC 20590.
(d)(1) and (2).................. The Associate FMCSA.
Administrator.
(d)(1) and (2).................. the Associate FMCSA.
Administrator.
(e) introductory text and (f)(1) the Director...... FMCSA.
and (2).
------------------------------------------------------------------------
Sec. 380.725 [Amended]
0
12. Amend Sec. 380.725 by:
0
a. Removing paragraph (b)(4); and
0
b. Redesignating paragraphs (b)(5) and (6) as paragraphs (b)(4) and
(5), respectively.
Appendix B to Part 380--[Amended]
0
13. Amend appendix B to part 380 by removing the word ``combination''
in unit B1.1.6.
PART 381--WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS
0
14. The authority citation for part 381 is revised to read as follows:
Authority: 49 U.S.C. 31136(e), 31315; and 49 CFR 1.87.
0
15. Amend Sec. 381.200 by revising paragraph (c) to read as follows:
Sec. 381.200 What is a waiver?
* * * * *
(c) A waiver is intended for nonemergency and unique events, and is
subject to conditions imposed by the Administrator.
* * * * *
PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING
0
16. The authority citation for part 382 continues to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec.
32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.
0
17. Amend Sec. 382.107 by revising the definition of ``Consortium/
Third party administrator (C/TPA)'' to read as follows:
Sec. 382.107 Definitions.
* * * * *
Consortium/Third party administrator (C/TPA) means a service agent
that provides or coordinates one or more drug and/or alcohol testing
services to DOT-regulated employers. C/TPAs typically provide or
coordinate the provision of a number of such services and perform
administrative tasks concerning the operation of the employers' drug
and alcohol testing programs. This term includes, but is not limited
to, groups of employers who join together to administer, as a single
entity, the DOT drug and alcohol testing programs of its members (e.g.,
having a combined random testing pool). C/TPAs are not ``employers''
for purposes of this part, except as provided in Sec. 382.705(c).
* * * * *
Sec. 382.305 [Amended]
0
18. Amend Sec. 382.305 in paragraph (b)(2) by removing ``25 percent''
and adding in its place ``50 percent''.
0
19. Amend Sec. 382.703 by revising paragraph (c) to read as follows:
Sec. 382.703 Driver consent to permit access to information in the
Clearinghouse.
* * * * *
(c) No employer may permit a driver to perform a safety-sensitive
function if the driver refuses to grant the consent required by
paragraph (a) or (b) of this section.
* * * * *
Sec. 382.717 [Amended]
0
20. In the table below, for each paragraph of Sec. 382.717 indicated
in the left column, remove the text indicated in the middle column from
wherever it appears, and add in its place the text indicated in the
right column:
------------------------------------------------------------------------
Paragraph Remove Add
------------------------------------------------------------------------
(c)............................. Office of ATTN: Drug and
Enforcement and Alcohol
Compliance, Clearinghouse
Attention: Drug Petition for
and Alcohol Review.
Program Manager.
(f)(2).......................... the Associate FMCSA, ATTN: Drug
Administrator for and Alcohol
Enforcement (MC- Clearinghouse
E). Administrative
Review.
(f)(4).......................... The Associate FMCSA's.
Administrator's.
------------------------------------------------------------------------
[[Page 57070]]
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
0
21. The authority citation for part 383 continues to read as follows:
Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs.
214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec.
1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of Pub. L.
109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141, 126
Stat. 405, 830; and 49 CFR 1.87.
Sec. 383.71 [Amended]
0
22. Amend Sec. 383.71 by:
0
a. Redesignating paragraph (a)(3) as paragraph (a)(10);
0
b. Removing paragraph (a)(1);
0
c. Removing the heading and introductory text to paragraph (a)(2); and
0
d. Redesignating paragraphs (a)(2)(i) through (ix) as paragraphs (a)(1)
through (9), respectively.
0
23. Amend Sec. 383.73 by:
0
a. Adding introductory text to paragraph (a);
0
b. Removing paragraph (a)(1);
0
c. Removing the heading and introductory text to paragraph (a)(2);
0
d. Redesignating paragraphs (a)(2)(i) through (vii) as paragraphs
(a)(1) through (7), respectively;
0
e. Revising newly redesignated paragraphs (a)(1) and (6);
0
f. Further redesignating paragraphs (a)(7)(A) and (B) as paragraphs
(a)(7)(i) and (ii), respectively; and
0
g. Revising paragraphs (o)(4)(i)(A) and (o)(5) and (6).
The addition and revisions read as follows:
Sec. 383.73 State procedures.
(a) * * * Prior to issuing a CLP to a person, a State must:
(1) Require the applicant to make the certifications, pass the
tests, and provide the information as described in Sec. 383.71(a).
* * * * *
(6) Require compliance with the standards for providing proof of
citizenship or lawful permanent residency specified in Sec.
383.71(a)(5) and proof of State of domicile specified in Sec.
383.71(a)(6). Exception: A State is required to check the proof of
citizenship or legal presence specified in this paragraph only for
initial issuance, renewal or upgrade of a CLP or Non-domiciled CLP and
for initial issuance, renewal, upgrade or transfer of a CDL or Non-
domiciled CDL for the first time after July 8, 2011, provided a
notation is made on the driver's record confirming that the proof of
citizenship or legal presence check required by this paragraph has been
made and noting the date it was done.
* * * * *
(o) * * *
(4) * * *
(i) * * *
(A)(1) Before June 23, 2025, notify the CLP or CDL holder of his/
her CLP or CDL ``not-certified'' medical certification status and that
the CDL privileges will be removed from the CLP or CDL unless the
driver submits a current medical examiner's certificate and/or medical
variance, or changes his/her self-certification to driving only in
excepted or intrastate commerce (if permitted by the State).
(2) On or after June 23, 2025, notify the CLP or CDL holder of his/
her CLP or CDL ``not-certified'' medical certification status and that
the CDL privileges will be removed from the CLP or CDL unless the
driver has been medically examined and certified in accordance with 49
CFR 391.43 as physically qualified to operate a commercial motor
vehicle by a medical examiner, as defined in 49 CFR 390.5, or the
driver changes his/her self-certification to driving only in excepted
or intrastate commerce (if permitted by the State).
* * * * *
(5) State contacts for medical variances. FMCSA Medical Programs is
designated as the keeper of the list of State contacts for receiving
medical variance information from FMCSA. Beginning January 30, 2012,
States are responsible for ensuring their medical variance contact
information is always up-to-date with FMCSA's Medical Programs.
(6) Conflicting medical certification information. In the event of
a conflict between the medical certification information provided
electronically by FMCSA and a paper copy of the medical examiner's
certificate, the medical certification information provided
electronically by FMCSA shall control.
* * * * *
PART 385--SAFETY FITNESS PROCEDURES
0
24. The authority citation for part 385 continues to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113,
13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec.
113(a), Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 408, Pub. L.
104-88, 109 Stat. 803, 958; sec. 350, Pub. L. 107-87, 115 Stat. 833,
864; sec. 5205, Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR
1.87.
Sec. 385.15 [Amended]
0
25. Amend Sec. 385.15(c) introductory text by removing the words
``Chief Safety Officer'' and adding in their place the words
``Assistant Administrator, ATTN: Adjudications Counsel''.
Sec. Sec. 385.113 and 385.711 [Amended]
0
26. In the table below, for each section indicated in the left column,
remove the text indicated in the middle column from wherever it
appears, and add in its place the text indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
385.113(b)............... the Associate FMCSA, ATTN: Sec.
Administrator for 385.113 Request for
Enforcement and Administrative
Program Delivery (MC- Review.
E), Federal Motor
Carrier Safety
Administration.
385.113(d)............... The Associate FMCSA's/
Administrator's.
385.711(b)............... the Associate FMCSA, ATTN: Sec.
Administrator for 385.113 Request for
Enforcement and Administrative
Program Delivery, Review.
Federal Motor Carrier
Safety Administration.
385.711(d)............... The Associate FMCSA's.
Administrator's.
------------------------------------------------------------------------
Sec. 385.423 [Amended]
0
27. Amend Sec. 385.423 in paragraphs (b), (c)(1) introductory text,
(c)(1)(i), (c)(3) and (4), (c)(5) introductory text, (c)(5)(ii), and
(c)(6) and (7) by removing the words ``Chief Safety Officer'' every
time they appear and adding in their place the words ``Assistant
Administrator''.
0
28. Amend Sec. 385.903 by revising the definition of ``Agency
Official'' to read as follows:
Sec. 385.903 Definitions.
* * * * *
Agency Official means the FMCSA employee with delegated authority
under this subpart.
* * * * *
[[Page 57071]]
0
29. Amend Sec. 385.1003 by revising the definition of ``Agency
Official'' to read as follows:
Sec. 385.1003 Definitions.
* * * * *
Agency Official means the FMCSA employee with delegated authority
under this subpart.
* * * * *
PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS
0
30. The authority citation for part 386 is revised to read as follows:
Authority: 28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note,
31306a; 49 U.S.C. chapters 5, 51, 131-141, 145-149, 311, 313, and
315; and 49 CFR 1.81, 1.87.
0
31. Amend Sec. 386.2 by:
0
a. Adding a definition of ``Agency decisionmaker'' in alphabetical
order;
0
b. Revising the definition of ``Assistant Administrator'';
0
c. Removing the definition of ``Decisionmaker''; and
0
d. Revising the definition of ``Field Administrator''.
The addition and revisions read as follows:
Sec. 386.2 Definitions.
* * * * *
Agency decisionmaker means the FMCSA official authorized to issue a
final decision and order of the Agency in an administrative proceeding
under this part. The Agency decisionmaker is the Assistant
Administrator or any person to whom this decisionmaking authority has
been delegated.
Assistant Administrator means the Assistant Administrator of the
Federal Motor Carrier Safety Administration or an authorized delegee.
The Assistant Administrator is the Agency decisionmaker who issues
final decisions under this part.
* * * * *
Field Administrator means the head of an FMCSA Service Center who
has been delegated authority to initiate compliance and enforcement
actions on behalf of FMCSA or an authorized delegee.
* * * * *
0
32. Amend Sec. 386.3 by revising paragraph (b) to read as follows:
Sec. 386.3 Separation of functions.
* * * * *
(b) An Agency employee, including those listed in paragraph (c) of
this section, engaged in the performance of investigative or
prosecutorial functions in a civil penalty proceeding or in a
proceeding under Sec. 386.11, Sec. 386.72, or Sec. 386.73 may not,
in that case or a factually related case, discuss or communicate the
facts or issues involved with the Agency decisionmaker, Administrative
Law Judge, Hearing Officer, or others listed in paragraph (d) of this
section, except as counsel or a witness in the public proceedings. The
prohibition in this paragraph (b) also includes the staff of those
covered by this section.
* * * * *
Sec. Sec. 386.11, 386.48, 386.71, 386.72, and 386.73 [Amended]
0
33. In the table below, for each section indicated in the left column,
remove the text indicated in the middle column from wherever it
appears, and add in its place the text indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
386.11(a) introductory text.. the Director, FMCSA.
Office of
Carrier,
Driver, and
Vehicle Safety
Standards (MC-
PS).
386.48....................... the Director, FMCSA.
Office of
Carrier,
Driver, and
Vehicle Safety
Standards (MC-
PS).
386.71....................... the Chief FMCSA.
Counsel.
386.72(b)(1) introductory the Director of FMCSA.
text. the Office of
Enforcement and
Compliance or a
Division
Administrator,
or his or her
delegate.
386.73(a) introductory text.. An FMCSA Field FMCSA.
Administrator
or the Director
of FMCSA's
Office of
Enforcement and
Compliance
(Director).
386.73(a) introductory text, the Field FMCSA.
(b) introductory text, (c) Administrator
introductory text, (c)(1), or Director.
(g)(2), and (h)(3), (5), and
(6).
386.73(c) introductory text, The Field FMCSA.
(d), (f) introductory text, Administrator
(g)(5), and (h)(4). or Director.
386.73(g)(1) and (h)(1)...... Field FMCSA official.
Administrator
or Director.
386.73(g)(7)................. the Field FMCSA.
Administrator
or the Director.
------------------------------------------------------------------------
Sec. 386.83 [Amended]
0
34. Amend Sec. 386.83(b)(2) introductory text by removing the words
``Chief Safety Officer'' and adding in their place the words
``Assistant Administrator''.
Sec. 386.84 [Amended]
0
35. Amend Sec. 386.84(b)(2) introductory text by removing the words
``Chief Safety Officer'' and adding in their place the words
``Assistant Administrator''.
PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS
0
36. The authority citation for part 387 is revised to read as follows:
Authority: 49 U.S.C. 13101, 13301, 13906, 13908, 14701, 31138,
31139; sec. 204(a), Pub. L. 104-88, 109 Stat. 803, 941; and 49 CFR
1.87.
0
37. Revise Sec. 387.9 to read as follows:
Sec. 387.9 Financial responsibility, minimum levels.
The minimum levels of financial responsibility referred to in Sec.
387.7 are hereby prescribed as follows:
Table 1 to Sec. 387.9--Schedule of Limits--Public Liability
------------------------------------------------------------------------
Type of carriage Commodity transported January 1, 1985
------------------------------------------------------------------------
(1) For-hire (In interstate or Property $750,000
foreign commerce, with a (nonhazardous).
gross vehicle weight rating
of 10,001 or more pounds).
[[Page 57072]]
(2) For-hire and Private (In Hazardous substances, 5,000,000
interstate, foreign, or as defined in 49 CFR
intrastate commerce, with a 171.8, transported
gross vehicle weight rating in bulk in cargo
of 10,001 or more pounds). tanks, portable
tanks, or hopper-
type vehicles with
capacities in bulk;
in bulk Division
1.1, 1.2 or 1.3
materials; Division
2.3, Hazard Zone A
material; in bulk
Division 6.1,
Packing Group I,
Hazard Zone A
material; in bulk
Division 2.1 or 2.2
material; or highway
route controlled
quantities of a
Class 7 material, as
defined in 49 CFR
173.403.
(3) For-hire and Private (In Oil listed in 49 CFR 1,000,000
interstate or foreign 172.101; hazardous
commerce, in any quantity; or waste, hazardous
in intrastate commerce, in materials, or
bulk only; with a gross hazardous substances
vehicle weight rating of defined in 49 CFR
10,001 or more pounds). 171.8 and listed in
49 CFR 172.101, but
not mentioned in
entry (2) or (4) of
this table.
(4) For-hire and Private (In In bulk Division 1.1, 5,000,000
interstate or foreign 1.2, or 1.3
commerce, with a gross material; in bulk
vehicle weight rating of less Division 2.3, Hazard
than 10,001 pounds). Zone A material; in
bulk Division 6.1,
Packing Group I,
Hazard Zone A
material; or highway
route controlled
quantities of a
Class 7 material as
defined in 49 CFR
173.403.
------------------------------------------------------------------------
0
38. Amend Sec. 387.323 as follows:
0
a. Lift the suspension of the section;
0
b. Revise paragraph (c); and
0
c. Suspend the section indefinitely.
The revision reads as follows:
Sec. 387.323 Electronic filing of surety bonds, trust fund
agreements, certificates of insurance and cancellations.
* * * * *
(c) Filings may be transmitted online via the internet at: https://li-public.fmcsa.dot.gov.
* * * * *
0
39. Amend Sec. 387.323T by revising paragraph (c) introductory text to
read as follows:
Sec. 387.323T Electronic filing of surety bonds, trust fund
agreements, certificates of insurance and cancellations.
* * * * *
(c) Filings may be transmitted online via the internet at: https://li-public.fmcsa.dot.gov or via American Standard Code Information
Interchange (ASCII). All ASCII transmission must be in fixed format,
i.e., all records must have the same number of fields and same length.
The record layouts for ASCII electronic transactions are described in
the following table:
* * * * *
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
40. The authority citation for part 390 is revised to read as follows:
Authority: 49 U.S.C. 113, 504, 508, 31132, 31133, 31134, 31136,
31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103-311, 108
Stat. 1673, 1677; secs. 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, 1744), 113 Stat. 1748, 1773;
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
41. Amend Sec. 390.3T by revising the introductory text of paragraph
(h) to read as follows:
Sec. 390.3T General applicability.
* * * * *
(h) Intermodal equipment providers. The rules in the following
provisions of this subchapter apply to intermodal equipment providers:
* * * * *
0
42. Add Sec. 390.4 to read as follows:
Sec. 390.4 Delegations and redelegations of authority of FMCSA
employees to perform assigned actions or duties.
(a) General. FMCSA may apply the guidelines and procedures of this
section to delegate or redelegate the authority of FMCSA employees to
perform assigned actions or duties under this chapter.
(b) FMCSA Administrator authority to delegate and redelegate. (1)
The FMCSA Administrator is authorized to delegate and redelegate
authority and authorize successive redelegations.
(2) The FMCSA Administrator retains concurrent authority to
exercise or redelegate any authority that he or she has delegated to an
employee in regulation, directive, or memorandum.
(c) Redelegations by FMCSA employees. Unless specifically
prohibited by law, and in consultation with the FMCSA Office of the
Chief Counsel, an FMCSA employee with delegated authority is authorized
to--
(1) Redelegate that authority to another FMCSA employee, as
appropriate; and
(2) Maintain concurrent authority to exercise or redelegate the
authority he or she has delegated to another FMCSA employee.
(d) Exercise of delegated authority in special circumstances. In
consultation with the FMCSA Office of the Chief Counsel, if the FMCSA
employee to whom a regulation assigns the authority to perform an
action or a duty is unavailable or otherwise unable to perform such
action or duty (e.g., due to a conflict of interest or a vacancy in the
position), a supervisor of the FMCSA employee may exercise that
authority or redelegate such authority to another FMCSA employee, as
appropriate.
(e) Format of delegations and redelegations. Delegations and
redelegations authorized under this section must be in writing and may
be made by regulation, directive, or memorandum.
(f) Actions or duties performed under delegated or redelegated
authority. Each action or duty performed by any FMCSA employee pursuant
to authority delegated or redelegated to him or her in accordance with
this section, whether directly or by redelegation, shall be a valid
exercise of that authority, notwithstanding any regulation that
provides that such action or duty shall be performed by another FMCSA
employee.
0
43. Amend Sec. 390.5 as follows:
0
a. Lift the suspension of the section;
0
b. Add the definition of ``Assistant Administrator'' in alphabetical
order;
0
c. Revise the definitions of ``Emergency'' and ``Exempt intracity
zone'';
[[Page 57073]]
0
d. Add the definition of ``Field Administrator'' in alphabetical order;
and
0
e. Suspend the section indefinitely.
The additions and revisions read as follows:
Sec. 390.5 Definitions.
* * * * *
Assistant Administrator means the Assistant Administrator of the
Federal Motor Carrier Safety Administration or an authorized delegee.
* * * * *
Emergency means any hurricane, tornado, storm (e.g. thunderstorm,
snowstorm, icestorm, blizzard, sandstorm, etc.), high water, wind-
driven water, tidal wave, tsunami, earthquake, volcanic eruption, mud
slide, drought, forest fire, explosion, blackout, or other occurrence,
natural or man-made, which interrupts the delivery of essential
services (such as, electricity, medical care, sewer, water,
telecommunications, and telecommunication transmissions) or essential
supplies (such as, food and fuel) or otherwise immediately threatens
human life or public welfare, provided such hurricane, tornado, or
other event results in:
(1) A declaration of an emergency by the President of the United
States, the Governor of a State, or their authorized representatives
having authority to declare emergencies; by FMCSA; or by other Federal,
State, or local government officials having authority to declare
emergencies; or
(2) A request by a police officer for tow trucks to move wrecked or
disabled motor vehicles.
* * * * *
Exempt intracity zone means the geographic area of a municipality
or the commercial zone of that municipality described in appendix A to
part 372 of this chapter. The term ``exempt intracity zone'' does not
include any municipality or commercial zone in the State of Hawaii. For
purposes of Sec. 391.62 of this chapter, a driver may be considered to
operate a commercial motor vehicle wholly within an exempt intracity
zone notwithstanding any common control, management, or arrangement for
a continuous carriage or shipment to or from a point without such zone.
* * * * *
Field Administrator means the head of an FMCSA Service Center who
has been delegated authority to initiate compliance and enforcement
actions on behalf of FMCSA or an authorized delegee.
* * * * *
0
44. Amend Sec. 390.5T by:
0
a. Adding the definition of ``Assistant Administrator'' in alphabetical
order;
0
b. Revising the definitions of ``Emergency'' and ``Exempt intracity
zone''; and
0
c. Adding the definition of ``Field Administrator'' in alphabetical
order.
The additions and revisions read as follows:
Sec. 390.5T Definitions.
* * * * *
Assistant Administrator means the Assistant Administrator of the
Federal Motor Carrier Safety Administration or an authorized delegee.
* * * * *
Emergency means any hurricane, tornado, storm (e.g. thunderstorm,
snowstorm, icestorm, blizzard, sandstorm, etc.), high water, wind-
driven water, tidal wave, tsunami, earthquake, volcanic eruption, mud
slide, drought, forest fire, explosion, blackout, or other occurrence,
natural or man-made, which interrupts the delivery of essential
services (such as, electricity, medical care, sewer, water,
telecommunications, and telecommunication transmissions) or essential
supplies (such as, food and fuel) or otherwise immediately threatens
human life or public welfare, provided such hurricane, tornado, or
other event results in:
(1) A declaration of an emergency by the President of the United
States, the Governor of a State, or their authorized representatives
having authority to declare emergencies; by FMCSA; or by other Federal,
State, or local government officials having authority to declare
emergencies; or
(2) A request by a police officer for tow trucks to move wrecked or
disabled motor vehicles.
* * * * *
Exempt intracity zone means the geographic area of a municipality
or the commercial zone of that municipality described in appendix A to
part 372 of this chapter. The term ``exempt intracity zone'' does not
include any municipality or commercial zone in the State of Hawaii. For
purposes of Sec. 391.62 of this chapter, a driver may be considered to
operate a commercial motor vehicle wholly within an exempt intracity
zone notwithstanding any common control, management, or arrangement for
a continuous carriage or shipment to or from a point without such zone.
* * * * *
Field Administrator means the head of an FMCSA Service Center who
has been delegated authority to initiate compliance and enforcement
actions on behalf of FMCSA or an authorized delegee.
* * * * *
0
45. Add Sec. 390.8 to subpart A to read as follows:
Sec. 390.8 Separation of functions.
(a) An Agency employee who has taken an active part in
investigating, prosecuting, advocating, or making an initial Agency
determination in a proceeding under Sec. 380.723, Sec. 382.717, Sec.
390.115, Sec. 390.135, or Sec. 391.47 of this chapter or section 5.4
to appendix A to subpart B of part 395 of this chapter may not, in that
case or a factually-related case, advise or assist the Agency official
authorized to issue a final decision in the applicable proceeding.
(b) Nothing in this section shall preclude the Agency official
authorized to issue a final decision or anyone advising that Agency
official from taking part in a determination to launch an investigation
or issue a complaint, or similar preliminary decision.
Sec. Sec. 390.23 and 390.25 [Amended]
0
46. In the table below, for each section indicated in the left column,
remove the text indicated in the middle column from wherever it
appears, and add in its place the text indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
390.23(a)(1)(i)(B) and The FMCSA Field FMCSA
(a)(2)(i)(B). Administrator.
390.23(a)(1)(ii)(A) and the FMCSA Field FMCSA
(a)(2)(ii). Administrator.
390.25.......................... the FMCSA Field FMCSA
Administrator.
390.25.......................... The FMCSA Field FMCSA
Administrator.
------------------------------------------------------------------------
[[Page 57074]]
Sec. Sec. 390.115 and 390.135 [Amended]
0
47. In the table below, for each section indicated in the left column,
remove the text indicated in the middle column from wherever it
appears, and add in its place the text indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
390.115(a)...................... the FMCSA FMCSA, ATTN:
Director, Office Removal from
of Carrier, National Registry
Driver and of Certified
Vehicle Safety Medical
Standards. Examiners.
390.115(a), (c) introductory the Director, FMCSA.
text, (c)(2)(i), (c)(3), Office of
(d)(2)(v), (e), (f) Carrier, Driver
introductory text, and (f)(5). and Vehicle
Safety Standards.
390.115(c)(1) introductory text The Director, FMCSA.
and (c)(2)(i) and (ii). Office of
Carrier, Driver
and Vehicle
Safety Standards.
390.115(c)(1)(i) and (ii)....... the Director, FMCSA finds it.
Office of
Carrier, Driver
and Vehicle
Safety Standards
finds FMCSA.
390.115(c)(1)(i) and (ii)....... the Director, FMCSA will.
Office of
Carrier, Driver
and Vehicle
Safety Standards
will.
390.115(c)(1)(i)................ the Director, FMCSA modifies.
Office of
Carrier, Driver
and Vehicle
Safety Standards
modifies.
390.115(c)(1)(ii)............... the Director, FMCSA affirms.
Office of
Carrier, Driver
and Vehicle
Safety Standards
affirms.
390.115(d) introductory text.... the FMCSA FMCSA, ATTN:
Associate National Registry
Administrator for of Certified
Policy. Medical
Examiners--Reques
t for
Administrative
Review.
390.115(d)(1) and (d)(2) The Associate FMCSA.
introductory text. Administrator.
390.115(d)(1) and (d)(2) the Associate FMCSA.
introductory text. Administrator.
390.135(a)...................... the FMCSA FMCSA, ATTN:
Director, Office Removal from
of Carrier, National Registry
Driver and of Certified
Vehicle Safety Medical
Standards. Examiners.
390.135(a), (c) introductory the Director, FMCSA.
text, (c)(2)(i), (c)(3), Office of
(d)(2)(v), (e), (f) Carrier, Driver
introductory text, and (f)(5). and Vehicle
Safety Standards.
390.135(c)(1) introductory text The Director, FMCSA.
and (c)(2)(i) and (ii). Office of
Carrier, Driver
and Vehicle
Safety Standards.
390.135(c)(1)(i) and (ii)....... the Director, FMCSA finds it.
Office of
Carrier, Driver
and Vehicle
Safety Standards
finds FMCSA.
390.135(c)(1)(i) and (ii)....... the Director, FMCSA will.
Office of
Carrier, Driver
and Vehicle
Safety Standards
will.
390.135(c)(1)(i)................ the Director, FMCSA modifies.
Office of
Carrier, Driver
and Vehicle
Safety Standards
modifies.
390.135(c)(1)(ii)............... the Director, FMCSA affirms.
Office of
Carrier, Driver
and Vehicle
Safety Standards
affirms.
390.135(d) introductory text.... the FMCSA FMCSA, ATTN:
Associate National Registry
Administrator for of Certified
Policy. Medical
Examiners--Reques
t for
Administrative
Review.
390.135(d)(1) and (d)(2) The Associate FMCSA.
introductory text. Administrator.
390.135(d)(1) and (d)(2) the Associate FMCSA.
introductory text. Administrator.
------------------------------------------------------------------------
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
48. 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.
Sec. Sec. 391.43 and 391.47 [Amended]
0
49. In the table below, for each section indicated in the left column,
remove the text indicated in the middle column from wherever it
appears, and add in its place the text indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
391.43(g)(5)(i)(A) and (B)...... the Director, FMCSA.
Office of Carrier,
Driver and Vehicle
Safety Standards.
391.47(c)....................... The Director, FMCSA.
Office of Carrier,
Driver and Vehicle
Safety Standards.
391.47(c)....................... the Director....... FMCSA.
391.47(d)(1) and (2) and (f).... the Director, FMCSA.
Office of Carrier,
Driver and Vehicle
Safety Standards.
391.47(e)....................... the Director's..... FMCSA's.
------------------------------------------------------------------------
[[Page 57075]]
0
50. Amend Sec. 391.49 by:
0
a. Revising paragraph (a);
0
b. Removing the heading from paragraph (b);
0
c. Revising paragraphs (b)(2), (c)(1)(i), (c)(2)(i), (c)(4)(i),
(c)(5)(ii), (d)(1) and (2), (d)(3) introductory text, and (d)(5)(i);
0
d. Removing the heading from paragraph (e);
0
e. Revising paragraphs (e)(1), (g), (h), (i) introductory text, (i)(7),
(j), and (k).
The revisions read as follows:
Sec. 391.49 Alternative physical qualification standards for the
loss or impairment of limbs.
(a) A person who is not physically qualified to drive under Sec.
391.41(b)(1) or (2) and who is otherwise qualified to drive a
commercial motor vehicle, may drive a commercial motor vehicle if FMCSA
has granted a Skill Performance Evaluation (SPE) Certificate to that
person.
(b) * * *
(2) Application address. The application must be addressed to the
SPE Certificate Program at the applicable FMCSA service center for the
State in which the co-applicant motor carrier's principal place of
business is located. The address of each, and the States serviced, are
listed in Sec. 390.27 of this chapter.
* * * * *
(c) * * *
(1) * * *
(i) Name and complete address of the motor carrier co-applicant;
* * * * *
(2) * * *
(i) State(s) in which the driver will operate for the motor carrier
co-applicant (if more than 10 States, designate general geographic area
only);
* * * * *
(4) * * *
(i) The co-applicant motor carrier must certify that the driver
applicant is otherwise qualified under the regulations of this part;
* * * * *
(5) * * *
(ii) Motor carrier official's signature (if application has a co-
applicant), title, and date signed. Depending upon the motor carrier's
organizational structure (corporation, partnership, or proprietorship),
the signer of the application shall be an officer, partner, or the
proprietor.
(d) * * *
(1) A copy of the Medical Examination Report Form, MCSA-5875,
documenting the results of the medical examination performed pursuant
to Sec. 391.43;
(2) A copy of the Medical Examiner's Certificate, Form MCSA-5876,
completed pursuant to Sec. 391.43(h);
(3) A medical evaluation summary completed by either a board
qualified or board certified physiatrist (doctor of physical medicine)
or orthopedic surgeon. The co-applicant motor carrier or the driver
applicant shall provide the physiatrist or orthopedic surgeon with a
description of the job-related tasks the driver applicant will be
required to perform;
* * * * *
(5) * * *
(i) A copy of the driver applicant's road test administered by the
motor carrier co-applicant and the certificate issued pursuant to Sec.
391.31(b) through (g); or
* * * * *
(e) * * *
(1) File promptly (within 30 days of the involved incident) with
the SPE Certificate Program, FMCSA service center, such documents and
information as may be required about driving activities, accidents,
arrests, license suspensions, revocations, or withdrawals, and
convictions which involve the driver applicant. This paragraph (e)(1)
applies whether the driver SPE certificate is a unilateral one or has a
co-applicant motor carrier;
(i) A motor carrier who is a co-applicant must file the required
documents with the SPE Certificate Program, FMCSA service center, for
the State in which the carrier's principal place of business is
located; or
(ii) A motor carrier who employs a driver who has been issued a
unilateral SPE certificate must file the required documents with the
SPE Certificate Program, FMCSA service center, for the State in which
the driver has legal residence.
* * * * *
(g) FMCSA may require the driver applicant to demonstrate his or
her ability to safely operate the commercial motor vehicle(s) the
driver intends to drive to an agent of FMCSA. The SPE certificate form
will identify the power unit (bus, truck, truck tractor) for which the
SPE certificate has been granted. The SPE certificate forms will also
identify the trailer type used in the Skill Performance Evaluation;
however, the SPE certificate is not limited to that specific trailer
type. A driver may use the SPE certificate with other trailer types if
a successful trailer road test is completed in accordance with
paragraph (e)(2) of this section. Job tasks, as stated in paragraph
(e)(3) of this section, are not evaluated during the Skill Performance
Evaluation.
(h) FMCSA may deny the application for SPE certificate or may grant
it totally or in part and issue the SPE certificate subject to such
terms, conditions, and limitations as deemed consistent with the public
interest. The SPE certificate is valid for a period not to exceed 2
years from date of issue, and may be renewed 30 days prior to the
expiration date.
(i) The SPE certificate renewal application shall be submitted to
the SPE Certificate Program, FMCSA service center, for the State in
which the driver has legal residence, if the SPE certificate was issued
unilaterally. If the SPE certificate has a co-applicant, then the
renewal application is submitted to the SPE Certificate Program, FMCSA
service center, for the State in which the co-applicant motor carrier's
principal place of business is located. The SPE certificate renewal
application shall contain the following:
* * * * *
(7) A current Medical Examination Report Form, MCSA-5875;
* * * * *
(j)(1) Upon granting an SPE certificate, FMCSA will notify the
driver applicant and co-applicant motor carrier (if applicable) by
letter. The terms, conditions, and limitations of the SPE certificate
will be set forth. A motor carrier shall maintain a copy of the SPE
certificate in its driver qualification file. A copy of the SPE
certificate shall be retained in the motor carrier's file for a period
of 3 years after the driver's employment is terminated. The driver
applicant shall have the SPE certificate (or a legible copy) in his/her
possession whenever on duty.
(2) Upon successful completion of the skill performance evaluation,
FMCSA must notify the driver by letter and enclose an SPE certificate
substantially in the following form:
Skill Performance Evaluation Certificate
Name of Issuing Agency:------------------------------------------------
Agency Address:--------------------------------------------------------
Telephone Number: ( )--------------------------------------------------
Issued Under 49 CFR 391.49, subchapter B of the Federal Motor
Carrier Safety Regulations
Driver's Name:---------------------------------------------------------
Effective Date:--------------------------------------------------------
SSN:-------------------------------------------------------------------
DOB:-------------------------------------------------------------------
Expiration Date:-------------------------------------------------------
Address:---------------------------------------------------------------
Driver Disability:-----------------------------------------------------
Check One: ___New ___Renewal
Driver's License:------------------------------------------------------
(State) (Number)
In accordance with 49 CFR 391.49, subchapter B of the Federal
Motor Carrier Safety Regulations (FMCSRs), the driver application
for a skill performance evaluation (SPE) certificate is hereby
granted authorizing the above-named driver to operate in interstate
or foreign commerce under the provisions set forth below. This
[[Page 57076]]
certificate is granted for the period shown above, not to exceed 2
years, subject to periodic review as may be found necessary. This
certificate may be renewed upon submission of a renewal application.
Continuation of this certificate is dependent upon strict adherence
by the above-named driver to the provisions set forth below and
compliance with the FMCSRs. Any failure to comply with provisions
herein may be cause for cancellation.
CONDITIONS: As a condition of this certificate, reports of all
accidents, arrests, suspensions, revocations, withdrawals of driver
licenses or permits, and convictions involving the above-named
driver shall be reported in writing to the Issuing Agency by the
EMPLOYING MOTOR CARRIER within 30 days after occurrence.
LIMITATIONS:
1. Vehicle Type (power unit):*-----------------------------------------
2. Vehicle modification(s):--------------------------------------------
3. Prosthetic or Orthotic device(s) (Required to be Worn While
Driving):--------------------------------------------------------------
4. Additional Provision(s):--------------------------------------------
NOTICE: To all MOTOR CARRIERS employing a driver with an SPE
certificate. This certificate is granted for the operation of the
power unit only. It is the responsibility of the employing motor
carrier to evaluate the driver with a road test using the trailer
type(s) the motor carrier intends the driver to transport, or in
lieu of, accept the trailer road test done during the SPE if it is a
similar trailer type(s) to that of the prospective motor carrier.
Also, it is the responsibility of the employing motor carrier to
evaluate the driver for those non-driving safety-related job tasks
associated with the type of trailer(s) utilized, as well as, any
other non-driving safety-related or job-related tasks unique to the
operations of the employing motor carrier.
The SPE of the above-named driver was given by an SPE Evaluator.
It was successfully completed utilizing the above-named power unit
and ____ (trailer, if applicable)
The tractor or truck had a ____ transmission.
Please read the NOTICE paragraph above.
Name:------------------------------------------------------------------
Signature:-------------------------------------------------------------
Title:-----------------------------------------------------------------
Date:------------------------------------------------------------------
(k) FMCSA may revoke an SPE certificate after the person to whom it
was issued is given notice of the proposed revocation and has been
allowed a reasonable opportunity to appeal.
* * * * *
0
51. Amend Sec. 391.51 by revising paragraph (b)(8) to read as follows:
Sec. 391.51 General requirements for driver qualification files.
* * * * *
(b) * * *
(8) A Skill Performance Evaluation Certificate issued by FMCSA in
accordance with Sec. 391.49; or the Medical Exemption document issued
by a Federal medical program in accordance with part 381 of this
chapter; and
* * * * *
0
52. Revise Sec. 391.61 to read as follows:
Sec. 391.61 Drivers who were regularly employed before January 1,
1971.
The provisions of Sec. Sec. 391.21 (relating to applications for
employment), 391.23 (relating to investigations and inquiries), and
391.31 (relating to road tests) do not apply to a driver who has been a
single-employer driver (as defined in Sec. 390.5 of this subchapter)
of a motor carrier for a continuous period which began before January
1, 1971, as long as he/she continues to be a single-employer driver of
that motor carrier.
PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
0
53. The authority citation for part 393 is revised to read as follows:
Authority: 49 U.S.C. 31136, 31151, 31502; sec. 1041(b), Pub. L.
102-240, 105 Stat. 1914, 1993; secs. 5301 and 5524, Pub. L. 114-94,
129 Stat. 1312, 1543, 1560; and 49 CFR 1.87.
0
54. Amend Sec. 393.47(e)(1) in the table titled ``Clamp-Type Brake
Chambers'' by revising the entry for type 36 chambers to read as
follows:
Sec. 393.47 Brake actuators, slack adjusters, linings/pads and
drums/rotors.
* * * * *
(e) * * *
(1) * * *
Clamp-Type Brake Chambers
--------------------------------------------------------------------------------------------------------------------------------------------------------
Brake readjustment limit: Brake readjustment limit:
Type Outside diameter standard stroke chamber long stroke chamber
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
36......................................................... 9 in. (229 mm) 2\1/2\ in. (63.5 mm)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 393.71 [Amended]
0
55. Amend Sec. 393.71 by removing the word ``insure'' adding in its
place the word ``ensure'' in paragraphs (h)(1) introductory text,
(j)(5)(i), (k)(2), and (k)(3)(i).
PART 395--HOURS OF SERVICE OF DRIVERS
0
56. The authority citation for part 395 is revised to read as follows:
Authority: 49 U.S.C. 504, 21104(e), 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), 113
Stat. 1748, 1773; sec. 4133, Pub. L. 109-59, 119 Stat. 1144, 1744;
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.
0
57. Amend Sec. 395.13 by revising the section heading and paragraphs
(a), (c)(1)(i) and (ii), and (d)(1) through (3) to read as follows:
Sec. 395.13 Drivers ordered out of service.
(a) Authority to order drivers out of service. Every special agent
of the Federal Motor Carrier Safety Administration (as defined in
appendix B to this subchapter) is authorized to order a driver out of
service and to notify the motor carrier of that order, upon finding at
the time and place of examination that the driver has violated the out-
of- service criteria as set forth in paragraph (b) of this section.
* * * * *
(c) * * *
(1) * * *
(i) Require or permit a driver who has been ordered out of service
to operate a commercial motor vehicle until that driver may lawfully do
so under the rules in this part.
(ii) Require a driver who has been ordered out of service for
failure to prepare a record of duty status to operate a commercial
motor vehicle until that driver has been off duty for the appropriate
number of consecutive hours required by this part and is in compliance
with this section. The appropriate consecutive hours off duty may
include sleeper berth time.
* * * * *
(d) * * *
(1) No driver who has been ordered out of service shall operate a
commercial motor vehicle until that driver may lawfully do so under the
rules of this part.
[[Page 57077]]
(2) No driver who has been ordered out of service, for failing to
prepare a record of duty status, shall operate a commercial motor
vehicle until the driver has been off duty for the appropriate number
of consecutive hours required by this part and is in compliance with
this section.
(3) A driver to whom a form has been tendered ordering the driver
out of service shall within 24 hours thereafter deliver or mail the
copy to a person or place designated by the motor carrier to receive
it.
* * * * *
0
58. Amend appendix A to subpart B of part 395 as follows:
0
a. In the table below, for each section indicated in the left column,
remove the text indicated in the middle column from wherever it
appears, and add in its place the text indicated in the right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
5.4.3 introductory text....... the Director, Office FMCSA.
of Carrier Driver,
and Vehicle Safety
Standards.
5.4.4(b)...................... the Director, Office FMCSA.
of Carrier, Driver,
and Vehicle Safety
Standards.
5.4.4(c)...................... the Director.......... FMCSA.
5.4.4(d)...................... The Director, Office FMCSA.
of Carrier, Driver,
and Vehicle Safety
Standards.
5.4.4(d)...................... the Director.......... FMCSA.
5.4.5(b)...................... the FMCSA Associate FMCSA, ATTN: ELD
Administrator for Removal--Reques
Policy. t for
Administrative
Review.
5.4.5(c) and (d).............. The Associate FMCSA.
Administrator.
5.4.5(c)...................... the Associate FMCSA.
Administrator.
------------------------------------------------------------------------
0
b. In section 7.19, revise the entry for ``Data Range''.
The revision reads as follows:
Appendix A to Subpart B of Part 395--Functional Specifications for All
Electronic Logging Devices (ELDs)
* * * * *
7.19. * * *
Data Range: For <{Total{time} Engine hours>, range is between 0.0
and 99999.9; for <{Elapsed{time} Engine hours>, range is between 0.0
and 99999.9.
* * * * *
PART 396--INSPECTION, REPAIR, AND MAINTENANCE
0
59. The authority citation for part 396 continues 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, Public Law
114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87.
Sec. Sec. 396.17, 396.19, and 396.21 [Amended]
0
60. In the table below, for each section indicated in the left column,
remove the text indicated in the middle column from wherever it
appears, and in its place add the text indicated in the right column:
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
396.17(a), (c) introductory text, and appendix G of this appendix A to this part.
(f). subchapter.
396.17(g)............................... appendix G to this appendix A to this part.
subchapter.
396.19(a)(1)............................ appendix G of this appendix A to this part.
subchapter.
396.21(a)(5)............................ appendix G to this appendix A to this part.
subchapter.
----------------------------------------------------------------------------------------------------------------
0
61. Amend newly redesignated appendix A to part 396 in section 1 in the
table titled ``Clamp-Type Brake Chambers'' by revising the entry for
type 36 chambers to read as follows:
Appendix A to Part 396--Minimum Periodic Inspection Standards
* * * * *
1. * * *
Clamp-Type Brake Chambers
------------------------------------------------------------------------
Brake
readjustment Brake
Type Outside limit: readjustment
diameter standard stroke limit: long
chamber stroke chamber
------------------------------------------------------------------------
* * * * * * *
36................... 9 in. (229 mm). 2 \1/2\ in.
(63.5 mm).
------------------------------------------------------------------------
* * * * *
PART 398--TRANSPORTATION OF MIGRANT WORKERS
0
62. The authority citation for part 398 is revised to read as follows:
Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502,
31504; sec. 204, Pub. L. 104-88, 109 Stat. 803, 941; sec. 212, Pub.
L. 106-159, 113 Stat. 1748, 1766; and 49 CFR 1.87.
Sec. 398.4 [Amended]
0
63. Amend Sec. 398.4 by removing the word ``insure'' and adding in its
place the word ``ensure'' in paragraph (a).
Sec. 398.7 [Amended]
0
64. Amend Sec. 398.7 by removing the word ``insure'' and adding in its
place the word ``ensure.''
Issued under authority delegated in 49 CFR 1.87.
John Van Steenburg,
Executive Director.
[FR Doc. 2021-21228 Filed 10-13-21; 8:45 am]
BILLING CODE 4910-EX-P