Technical Amendments to Federal Motor Carrier Safety Regulations, 55697-55704 [E7-19196]
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Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
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§ 180.212
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ACTION:
[Amended]
68. In § 180.212, in paragraph (b)(2),
the wording ‘‘by the original
manufacturer of the cylinder’’ is revised
to read: ‘‘by a cylinder manufacturer of
these types of cylinders’’.
I 69. In § 180.215, paragraph (b)
introductory text is revised to read as
follows:
I
§ 180.215 Reporting and record retention
requirements.
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(b) Requalification records. Daily
records of visual inspection, pressure
test, and ultrasonic examination if
permitted under a special permit, as
applicable, must be maintained by the
person who performs the requalification
until either the expiration of the
requalification period or until the
cylinder is again requalified, whichever
occurs first. A single date may be used
for each test sheet, provided each test on
the sheet was conducted on that date.
Ditto marks or a solid vertical line may
be used to indicate repetition of the
preceding entry for the following entries
only: date; actual dimensions;
manufacturer’s name or symbol, if
present; owner’s name or symbol, if
present; and test operator. Blank spaces
may not be used to indicate repetition
of a prior entry. The records must
include the following information:
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§ 180.409
[Amended]
70. In § 180.409, in paragraph (d)(2),
remove the wording ‘‘400 Seventh
Street, SW.’’ and add in its place ‘‘East
Building, 1200 New Jersey Avenue,
SE.’’.
I
Issued in Washington, DC, on September
24, 2007, under authority delegated in 49
CFR part 1.
Krista L. Edwards,
Acting Administrator.
[FR Doc. E7–19138 Filed 9–28–07; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 365, 369, 381, 382, 383,
384, 385, 386, 387, 388, 389, 390, 391,
392, 393, 395, and 397
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Technical Amendments to Federal
Motor Carrier Safety Regulations
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
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Final rule.
SUMMARY: This final rule makes
technical corrections throughout 49
Code of Federal Regulations subtitle B,
chapter III. In 2007, the FMCSA moved
to 1200 New Jersey Avenue, SE.,
Washington, DC 20590. This rule
changes obsolete references to the old
address. In addition, we are making
minor editorial changes to correct errors
and omissions and improve clarity. This
rule does not make any substantive
changes to the affected parts of the
Federal Motor Carrier Safety
Regulations.
DATES:
Effective October 1, 2007.
FOR FURTHER INFORMATION CONTACT:
Jason Hartman, Regulatory Development
Division, (202) 366–5043,
jason.hartman@dot.gov. Office hours are
from 8 a.m. to 4:30 p.m., e.t., Monday
through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Legal Basis for the Rulemaking
The provisions of the Federal Motor
Carrier Safety Regulations (FMCSRs)
amended by this rule are based on many
different statutes. The legal authority for
each of those provisions was explained
when the requirement was originally
adopted and is summarized at the
beginning of each part in title 49, Code
of Federal Regulations (CFR). No further
analysis is required here.
A few of the amendments made by
this rule are required by the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU), Public Law 109–
59, August 10, 2005. Because the
SAFETEA–LU mandates left the Federal
Motor Carrier Administration (FMCSA)
no discretion, the changes (described
later in the preamble) are appropriate
for a technical amendment.
Title 49 CFR, subtitle B, chapter III
contains all the FMCSRs.
Background
In 2007, FMCSA moved its
headquarters from 400 Seventh Street,
SW., Washington, DC 20590 to 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001. The move makes it
necessary to amend the CFR to change
references to our address wherever they
occur in the regulations.
This document also makes editorial
changes to correct inaccurate references
and citations, improve clarity, and fix
errors. These minor editorial changes
are set out below, in a section-by-section
description of the changes.
Changes in SAFETEA–LU affected the
financial responsibility requirements of
both property and passenger carriers.
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55697
Section 4120(b)(1) of SAFETEA–LU
amended the reach of the financial
responsibility statute for property
carriers from ‘‘transportation of property
for compensation by motor vehicle
* * *’’ [49 U.S.C. 31139(b)(1)] to
‘‘transportation of property by
commercial motor vehicle * * *’’
Section 4120(a)(1) changed the reach of
the financial responsibility statute from
‘‘transportation of passengers for
compensation by motor vehicle* * *’’
[49 U.S.C. 31138(a)] to ‘‘transportation
of passengers by commercial motor
vehicle * * *’’
A commercial motor vehicle, for these
purposes, means a self-propelled or
towed vehicle used on the highways in
interstate commerce to transport
passengers or property, if the vehicle—
(A) Has a gross vehicle weight rating or
gross vehicle weight of at least 10,001
pounds, whichever is greater;
(B) Is designed or used to transport more
than 8 passengers (including the driver) for
compensation;
(C) Is designed or used to transport more
than 15 passengers, including the driver, and
is not used to transport passengers for
compensation * * * [49 U.S.C. 31132(1)(A)–
(C)].
Part 387 of 49 CFR has to be changed
to reflect these modifications to
FMCSA’s authority to set insurance
standards.
As a result of the change by section
4120(b)(1), the FMCSA no longer has
the authority to set insurance standards
for small freight vehicles with a GVW/
GVR under 10,001 pounds (unless they
are hauling placardable quantities of
hazardous materials). We are deleting
§ 387.303(b)(1)(i) to remove the
reference to those small freight vehicles.
In addition, section 4120(a)(1) modified
FMCSA’s authority to set insurance
standards for passenger carriers. At or
below the 15-passenger threshold,
FMCSA’s authority is limited to
passenger vehicles ‘‘designed or used to
transport more than 8 passengers
(including the driver) for
compensation.’’ We are removing the
reference in § 387.303 (b)(1)(ii) to ‘‘Any
vehicle with a seating capacity of 15
passengers or less.’’ We are adding,
instead, a reference to ‘‘Any vehicle
designed or used to transport more than
8 passengers (including the driver) for
compensation.’’
These amendments do not impose any
new requirements and make no
substantive changes to the CFR. Notice
and comment are unnecessary.
Section by Section
Section 381.315. Paragraph (d)(2) is
amended by replacing the old uniform
resource locator (URL) for the DOT
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Dockets Management System with a
new reference to the Federal Docket
Management System at https://
www.regulations.gov.
Section 385.13. We are amending
paragraph (d) by renumbering the
subparagraphs and making wording
changes to improve clarity.
Section 385.423. Paragraph (c) is
amended by replacing the reference to
§§ 386.31 and 386.33 with a new
reference to §§ 386.5, 386.6, and 386.8.
Sections 386.31 and 386.33 were
deleted and superseded by §§ 386.6 and
386.5, respectively, on May 18, 2005 (70
FR 28467–28486). The cross reference to
§ 386.8 is added for clarification.
Part 385 Appendix B, Explanation of
Safety Rating Process, is changed to
reflect previous amendments to the CFR
that were inadvertently never
incorporated in the appendix. Before
part 382 was revised on August 17, 2001
(66 FR 43103), the post-accident testing
requirements for alcohol and controlled
substances testing were both in
§ 382.303(a). For clarification, the
revision kept the alcohol testing
requirement in paragraph (a) and put
the controlled substances testing
requirement in paragraph (b). The same
2001 revision of § 382.115 clarified that
all the previous implementation dates
had elapsed and required all motor
carriers, both domestic and foreign, to
implement the testing program
requirements when they begin operating
commercial motor vehicles in the
United States. We are changing part 385
Appendix B to correctly reflect those
2001 revisions.
Section 386.2. In the definition of
‘‘Assistant Administrator,’’ § 386.2 is
amended by correcting the reference to
the United States Code (U.S.C.). The
citation, which now reads ‘‘49 U.S.C.
113(d),’’ is changed to read ‘‘49 U.S.C.
113(e).’’
Section 386.7. We are removing the
paragraph designation (a) to correct the
section.
Section 387.303. Because of the
changes in SAFETEA–LU, described in
the ‘‘Background’’ section above,
paragraph (b)(1)(i) is rescinded and the
table in (b)(1)(ii) is changed. In
paragraph (b)(1)(ii), the second entry in
the table, which used to cover any
passenger vehicle with ‘‘a seating
capacity of 15 passengers or less,’’ now
is limited to vehicles ‘‘designed or used
to transport more than 8 passengers
(including the driver) for
compensation.’’ Paragraph (b)(1)(ii) is
also corrected to remove an obsolete
reference to effective dates.
Section 389.5. We are clarifying
paragraph (b) by renumbering and by
adding a reference to the regulations.gov
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Web site where readers can have access
to the Federal Docket Management
System. We are also changing the
address in paragraph (a).
Section 390.27. The table is corrected
by moving New Mexico into the
Western Service Center, which now has
responsibility for that State. This
document also changes the addresses for
the Eastern, Southern, and Western
Service Centers.
Section 391.23. Paragraph (c)(4) is
corrected by changing ‘‘For a drivers’’ to
‘‘For drivers,’’ to make the sentence
grammatically correct.
Section 392.9. Paragraph (a)(1) is
amended to correct the cross reference
to reflect changes published in the
Federal Register on September 27, 2002
(67 FR 61225). The new reference is to
§§ 393.100 through 393.136
Section 395.1. On August 25, 2005 (70
FR 50071), the Agency amended the
hours of service rules but in instructing
the revision of paragraph (g), the Agency
inadvertently omitted paragraphs
(g)(3)(i) through (iv) of § 395.1 from the
annual Code of Federal Regulations for
October 1, 2005, and October 1, 2006.
The 2005 amendment should have
specified the revision of paragraph (g)(3)
introductory text; the Agency never
intended to remove paragraphs (g)(3)(i)
through (iv). We are reinstating those
paragraphs to correct that omission.
Therefore, amendatory instruction 39 in
this rule revises paragraph (g)(3) to
correctly reinstate paragraphs (g)(3)(i)
through (iv).
Rulemaking Analyses and Notices
Administrative Procedure Act
The Administrative Procedure Act
provides exceptions to its notice and
public comment procedures when an
agency finds there is good cause on the
basis that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ (See 5 U.S.C.
553(b).) As stated above, the
amendments made by this final rule
merely update mailing addresses,
correct inadvertent errors and
omissions, remove obsolete references,
and make minor editorial changes to
improve clarity and consistency. These
amendments do not impose any new
requirements, nor do they make any
substantive changes to the CFR. For
these reasons, the FMCSA finds good
cause that notice and public comment
are unnecessary. Further, the Agency
finds good cause under 5 U.S.C.
553(d)(3) to make the amendments
effective upon publication.
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Executive Order 12866 (Regulatory
Planning and Review) and DOT
Regulatory Policies and Procedures
The FMCSA has determined that this
action is not a significant regulatory
action within the meaning of Executive
Order 12866 or within the meaning of
Department of Transportation regulatory
policies and procedures. The Office of
Management and Budget (OMB) did not
review this document. We expect the
final rule will have minimal costs;
therefore, a full regulatory evaluation is
unnecessary.
Regulatory Flexibility Act
In compliance with the Regulatory
Flexibility Act (5 U.S.C. 601–612),
FMCSA has evaluated the effects of this
rule on small entities. Because the rule
only makes editorial corrections and
places no new requirements on the
regulated industry, FMCSA certifies that
this action will not have a significant
economic impact on a substantial
number of small entities.
Unfunded Mandates Reform Act of 1995
This rulemaking will not impose an
unfunded Federal mandate, as defined
by the Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1532, et seq.), that will
result in the expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $120 million
or more in any 1 year.
Executive Order 12988 (Civil Justice
Reform)
This action will meet applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Executive Order 13045 (Protection of
Children)
The FMCSA analyzed this action
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. We determined that this
rulemaking will not concern an
environmental risk to health or safety
that may disproportionately affect
children.
Executive Order 12630 (Taking of
Private Property)
This rulemaking does not effect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
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Executive Order 13132 (Federalism)
National Environmental Policy Act
The FMCSA analyzed this rule in
accordance with the principles and
criteria contained in Executive Order
13132. The FMCSA has determined that
this rulemaking will not have a
substantial direct effect on States, nor
will it limit the policy-making
discretion of the States. Nothing in this
document will preempt any State law or
regulation. The FMCSA has therefore
determined this rule does not have
federalism implications.
The FMCSA analyzed this final rule
for the purpose of the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and determined
under our environmental procedures
Order 5610.1, issued March 1, 2004 (69
FR 9680), that this action would not
have any effect on the quality of the
environment. Therefore, this final rule
is categorically excluded from further
analysis and documentation in an
environmental assessment or
environmental impact statement.
The FMCSA also analyzed this rule
under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 7401 et
seq.), and implementing regulations
promulgated by the Environmental
Protection Agency. Approval of this
action is exempt from the CAA’s general
conformity requirement since it will
have no effect on the environment.
Executive Order 12372
(Intergovernmental Review)
The regulations implementing
Executive Order 12372 regarding
intergovernmental consultation on
Federal programs and activities do not
apply to this action.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that FMCSA
consider the impact of paperwork and
other information collection burdens
imposed on the public. We have
determined that no new information
collection requirements are associated
with this final rule.
Executive Order 13211 (Energy Effects)
The FMCSA analyzed this action
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We determined
that it is not a ‘‘significant energy
action’’ under that Executive Order
Section
FMCSA, Licensing Team; (MC–PSDRIS), 400 Seventh
Street, SW., Room 8214, Washington, DC 20590.
365.411(b) ............................
FMCSA Licensing Team (MC–PSDRIS), 400 Seventh
Street, SW., Room 8214, Washington, DC 20590.
365.413(b) introductory text
FMCSA, Licensing Team (MC–PSDRIS), Washington,
DC 20590.
because it will not be economically
significant and will not be likely to have
an adverse effect on the supply,
distribution, or use of energy.
List of Subjects in 49 CFR Parts 385,
386, 387, 390, 391, 392, and 395
Highway safety, Motor carriers,
Insurance, Motor vehicle safety,
Reporting and recordkeeping
requirements, and Surety bonds.
I In consideration of the foregoing,
FMCSA amends title 49, Code of
Federal Regulations, subtitle B, chapter
III, as follows:
PART 365—RULES GOVERNING
APPLICATIONS FOR OPERATING
AUTHORITY
1. The authority citation for part 365
continues to read as follows:
I
Authority: 5 U.S.C. 553 and 559; 16 U.S.C.
1456; 49 U.S.C. 13101, 13301, 13901–13906,
14708, 31138, and 31144; 49 CFR 1.73.
§§ 365.405, 365.411, and 365.413
[Amended]
2. In the table below, for each section
indicated in the left column, remove the
words indicated in the middle column,
and add the words indicated in the right
column.
I
Remove
365.405(a)(1) .......................
PART 369—REPORTS OF MOTOR
CARRIERS
3. The authority citation for part 369
continues to read as follows:
I
Authority: 5 U.S.C. 553 and 559; 16 U.S.C.
1456; 49 U.S.C. 14123; 49 CFR 1.73.
§ 369.6
[Amended]
4. In § 369.6, remove the words
‘‘Federal Motor Carrier Safety
Administration, Office of Information
I
55699
Add
Federal Motor Carrier Safety Administration, IT
ations Division (MC–RIO), 1200 New Jersey
SE., Washington, DC 20590–0001.
Federal Motor Carrier Safety Administration, IT
ations Division (MC–RIO), 1200 New Jersey
SE., Washington, DC 20590–0001.
Federal Motor Carrier Safety Administration, IT
ations Division (MC–RIO), 1200 New Jersey
SE., Washington, DC 20590–0001.
Management, 400 Seventh St., SW.,
Washington, DC 20590’’ and add, in
their place, the words ‘‘Federal Motor
Carrier Safety Administration, Office of
Information Technology (MC–RI), 1200
New Jersey Ave., SE., Washington, DC
20590–0001’’.
PART 381—WAIVERS, EXEMPTIONS,
AND PILOT PROGRAMS
OperAve.,
OperAve.,
OperAve.,
Authority: 49 U.S.C. 31136(e) and 31315;
49 CFR 1.73.
§§ 381.210, 381.225, 381.310, 381.315,
381.325, 381.410, 381.415 [Amended]
6. In the table below, for each section
indicated in the left column, remove the
words indicated in the middle column,
and add the words indicated in the right
column.
I
5. The authority citation for part 381
continues to read as follows:
I
Remove
Add
381.210(a) ............................
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Section
Federal Motor Carrier safety Administrator, U.S. Department of Transportation, 400 Seventh Street, SW.,
Washington, DC 20490.
Office of Bus and Truck Research Standards and Operations, Federal Motor Carrier Safety Administration,
400 Seventh Street, SW., Washington, DC 20590.
The telephone number is (202) 366–1790.
Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC
20590–0001.
Federal Motor Carrier Safety Administration, Office of
Bus and Truck Standards and Operations (MC–PS),
1200 New Jersey Ave., SE., Washington, DC 20590–
0001.
381.225 ................................
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Section
Remove
Add
381.310(a) ............................
Federal Motor Carrier Safety Administrator, U.S. Department of Transportation, Federal Motor Carrier
Safety Administration, 400 Seventh Street, SW.,
Washington, DC 20590.
Department of Transportation, U.S. DOT Dockets,
Room PL–410, 400 Seventh Street, SW., Washington, DC.
U.S. DOT Dockets, Room PL–401, by using the universal resources locator (URL): https://dms.dot.gov.
Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC
20590–0001.
381.315(d)(1) .......................
381.315(d)(2) .......................
381.325 ................................
381.410(a) ............................
381.415 ................................
Office of Bus and Truck Standards and Operations,
Federal Motor Carrier Safety Administration, 400
Seventh Street, SW., Washington, DC 20590. The
telephone number is (202) 366–1790.
Federal Motor Carrier Safety Administrator, U.S. Department of Transportation, 400 Seventh Street, SW.,
Washington, DC 20590.
Office of Bus and Truck Standards and Operations,
Federal Motor Carrier Safety Administration, 400
Seventh Street, SW., Washington, DC 20590. The
telephone number is (202) 366–1790.
Department of Transportation, Docket Management Facility, 1200 New Jersey Ave., SE., Washington, DC
20590–0001.
Department of Transportation, Docket Management Facility by using the Federal Docket Management System using the uniform resources locator (URL): https://
www.regulations.gov.
Federal Motor Carrier Safety Administration, Office of
Bus and Truck Standards and Operations (MC–PS),
1200 New Jersey Ave., SE., Washington, DC 20590–
0001.
Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC
20590–0001.
Federal Motor Carrier Safety Administration, Office of
Bus and Truck Standards and Operations (MC–PS),
1200 New Jersey Ave., SE., Washington, DC 20590–
0001.
PART 382—CONTROLLED
SUBSTANCES AND ALCOHOL USE
AND TESTING
Authority: 49 U.S.C. 31133, 31136, 31301
et seq., 31502; and 49 CFR 1.73.
7. The authority citation for part 382
continues to read as follows:
I
§ 382.119
[Amended]
words indicated in the middle column,
and add the words indicated in the right
column.
8. In the table below, for each section
indicated in the left column, remove the
I
Section
Remove
Add
382.119(b) ............................
Federal Motor Carrier Safety Administrator (or the Administrator’s designee), U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC
20590.
Office of Enforcement and Compliance, Federal Motor
Carrier Safety Administration, 400 Seventh Street,
SW., Washington, DC 20590. The telephone number
is (202) 366–5720.
Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC
20590–0001.
382.119(e) ............................
Federal Motor Carrier Safety Administration, Office of
Enforcement and Compliance (MC–EC), 1200 New
Jersey Ave., SE., Washington, DC 20590–0001.
PART 383—COMMERCIAL DRIVER’S
LICENSE STANDARDS;
REQUIREMENTS AND PENALTIES
PART 384—STATE COMPLIANCE
WITH COMMERCIAL DRIVER’S
LICENSE PROGRAM
Authority: 49 U.S.C. 113, 504, 521(b),
5105(e), 5109, 5113, 13901–13905, 31136,
31144, 31148, and 31502; sec. 350 of Pub. L.
107–87; and 49 CFR 1.73.
9. The authority citation for part 383
continues to read as follows:
I
11. The authority citation for part 384
continues to read as follows:
§ 385.4
Authority: 49 U.S.C. 521, 31136, 31301 et
seq., 31502; sec. 214 of Pub. L. 106–159, 113
Stat. 1766, 1767; sec. 1012(b) of Pub. L. 107–
56, 115 Stat. 397; sec. 4140 of Pub. L. 109–
59, 119 Stat. 1144; and 49 CFR 1.73.
Authority: 49 U.S.C. 31136, 31301 et seq.,
31502; sec. 103 of Pub. L. 106–159, 113 Stat.
1753, 1767; sec. 4140 of Pub. L. 109–59, 119
Stat. 1144; and 49 CFR 1.73.
§ 383.52
I
I
[Amended]
10. In § 383.52(c), remove the words
‘‘Assistant Administrator, Adjudications
Counsel, Federal Motor Carrier Safety
Administration (Room 8217), 400
Seventh Street, SW., Washington, DC
20590’’ and add, in their place, the
words ‘‘Assistant Administrator,
Adjudications Counsel (MC–CC),
Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave.,
SE., Washington, DC 20590–0001’’.
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§ 384.107
[Amended]
12. In § 384.107(c)(1)(i), remove the
words ‘‘Department of Transportation
Library, 400 Seventh Street, SW.,
Washington, DC 20590 in Room 2200’’
and add, in their place, the words
‘‘Department of Transportation Library,
1200 New Jersey Ave., SE., Washington,
DC 20590–0001’’.
PART 385—SAFETY FITNESS
PROCEDURES
13. The authority citation for part 385
continues to read as follows:
I
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[Amended]
14. In § 385.4(b)(2), remove the words
‘‘Federal Motor Carrier Safety
Administration, Office of Enforcement
and Compliance, 400 Seventh Street,
SW., Washington, DC 20590’’ and add
in their place the words ‘‘Federal Motor
Carrier Safety Administration, Office of
Enforcement and Compliance (MC–EC),
1200 New Jersey Ave., SE., Washington,
DC 20590–0001’’.
I 15. Amend § 385.13 to revise
paragraph (d) to read as follows:
I
§ 385.13 Unsatisfactory rated motor
carriers; prohibition on transportation;
ineligibility for Federal contracts.
*
*
*
*
*
(d) Penalties. (1) If a proposed
‘‘unsatisfactory’’ safety rating becomes
final, FMCSA will issue an order
placing out of service the motor carrier’s
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operations in commerce. The out-ofservice order shall apply both to the
motor carrier’s operations in interstate
commerce and to its operations
affecting interstate commerce.
(2) If a motor carrier’s intrastate
operations are declared out of service by
a State, FMCSA must issue an order
placing out of service the carrier’s
operations in interstate commerce. The
following conditions apply:
(i) The State that issued the intrastate
out-of-service order participates in the
Motor Carrier Safety Assistance Program
and uses the FMCSA safety rating
methodology provided in this part; and
(ii) The motor carrier has its principal
place of business in the State that issued
the out-of-service order.
(iii) The order prohibiting the motor
carrier from operating a CMV in
interstate commerce shall remain in
effect until the State determines that the
carrier is fit.
(3) Any motor carrier that operates
CMVs in violation of this section is
Section
§§ 385.15, 385.19, 385.113, 385.203, 385.303,
385.405, 385.415, 385.423 [Amended]
16. In the table below, for each section
indicated in the left column, remove the
words indicated in the middle column,
and add the words indicated in the right
column.
I
Chief Safety Officer, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington
DC 20590.
Office of Data Analysis and Information Systems (MC
RIS), Federal Motor Carrier Safety Administration,
400 Seventh Street, SW., Washington, DC 20590.
Associate Administrator for Enforcement, Federal Motor
Carrier Safety Administration, 400 Seventh Street,
SW., Washington DC 20590.
385.19(c) ..............................
385.113(b) ............................
385.203(c) ............................
385.303 ................................
385.405(b) ............................
385.415(b)(2) .......................
385.423(c) introductory text
385.423(c)(1)(i) ....................
385.423(c)(1)(ii) ....................
17. Amend Appendix B to Part 385—
Explanation of Safety Rating Process,
section VII, List of Acute and Critical
Regulations, by:
I a. Adding in numerical order a new
entry for § 382.115(b), to read
‘‘§ 382.115(b) Failing to implement an
alcohol and/or controlled substances
testing program (foreign motor carrier)
(acute).’’;
I b. Amending the entry for § 382.303(a)
by removing the words ‘‘and/or
controlled substances’’; and
I c. Adding in numerical order a new
entry for § 382.303(b), to read
‘‘§ 382.303(b) Failing to conduct post
accident testing on driver for controlled
substances (critical).’’
I
PART 386—RULES OF PRACTICE FOR
MOTOR CARRIER, BROKER, FREIGHT
FORWARDER, AND HAZARDOUS
MATERIALS PROCEEDINGS
18. The authority citation for part 386
continues to read as follows:
I
Authority: 49 U.S.C. 521, 5123, 13301,
13902, 14915, 31132–31133, 31136, 31144,
31502, 31504; sec. 204, Pub. L. 104–88, 109
Stat. 803, 941 (49 U.S.C. 701 note); sec. 217,
Pub. L. 105–159, 113 Stat. 1748, 1767; and
49 CFR 1.73.
§ 386.2
17:12 Sep 28, 2007
Jkt 214001
[Amended]
19. In § 386.2, in the definition of
‘‘Assistant Administrator,’’ remove ‘‘49
U.S.C. 113(d)’’ and add in its place ‘‘49
U.S.C. 113(e)’’.
I
§ 386.7
I
VerDate Aug<31>2005
Add
Chief Safety Officer, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590–0001.
Federal Motor Carrier Safety Administration, Office of
Information Technology (MC–RI), 1200 New Jersey
Ave., SE., Washington, DC 20590–0001.
Associate Administrator for Enforcement and Program
Delivery (MC–E), Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC 20590–0001.
Office of Professional Development and Training, Federal Motor Carrier Safety Administration, ProfesFMCSA, 400 7th Street, SW., Washington, DC 20590.
sional Development and Training Division (MC–
MHT), 4600 N. Fairfax Drive, Suite 700, Arlington,
Virginia 22203.
FMCSA, 400 7th Street SW., Washington, DC 20590 ... Federal Motor Carrier Safety Administration, 1200 New
Jersey Ave., SE., Washington, DC 20590–0001.
Federal Motor Carrier Safety Administration, MC– Federal Motor Carrier Safety Administration, Office of
PSDRIS, Room 8214, 400 7th Street, SW, WashInformation Technology (MC–RI), 1200 New Jersey
ington, DC 20590.
Ave., SE., Washington, DC 20590–0001.
Federal Motor Carrier Safety Administration, Office of Federal Motor Carrier Safety Administration, Office of
Enforcement and Compliance, 400 Seventh Street,
Enforcement and Compliance (MC–EC), 1200 New
SW., Washington, DC 20590.
Jersey Ave., SE., Washington, DC 20590–0001.
§§ 386.31 and 386.33 ..................................................... §§ 386.5, 386.6, and 386.8.
FMCSA Chief Safety Officer, Federal Motor Carrier Chief Safety Officer, Federal Motor Carrier Safety AdSafety Administration, c/o Adjudications Counsel
ministration, 1200 New Jersey Ave., SE., Wash(MC–PSDCC), 400 Seventh Street, SW., Washington, DC 20590–0001 Attention: Adjudications
ington, DC 20590.
Counsel (MC–CC).
FMCSA Chief Counsel, Federal Motor Carrier Safety Chief Counsel (MC–CC), Federal Motor Carrier Safety
Administration, Office of the Chief Counsel, Room
Administration, 1200 New Jersey Ave., SE., Wash8125, 400 Seventh Street, SW., Washington, DC
ington, DC 20590–0001.
20590.
Appendix B to Part 385—[Amended]
jlentini on PROD1PC65 with RULES
subject to the penalty provisions of 49
U.S.C. 521(b) and Appendix B to part
386 of the FMCSRs.
Remove
385.15(c) introductory text ...
55701
[Amended]
Frm 00047
Fmt 4700
PART 387—MINIMUM LEVELS OF
FINANCIAL RESPONSIBILITY FOR
MOTOR CARRIERS
21. The authority citation for part 387
continues to read as follows:
I
Authority: 49 U.S.C. 13101, 13301, 13906,
14701, 31138, and 31139; and 49 CFR 1.73.
22. Revise § 387.303(b)(1) to read as
follows:
I
20. Amend § 386.7(a) by:
PO 00000
a. Removing the paragraph
designation ‘‘(a)’’.
I b. Removing the words ‘‘U.S. DOT
Dockets, 400 7th Street, SW., Room PL–
401, Washington, DC 20590’’ and
adding in their place the words
‘‘Department of Transportation Docket
Management Facility, 1200 New Jersey
Ave., SE., Washington, DC 20590–
0001’’.
I
Sfmt 4700
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01OCR1
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Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
§ 387.303 Security for the protection of the
public: Minimum limits.
Authority: 49 U.S.C. 113 and 502; 49 CFR
1.73.
*
§ 388.1
*
*
*
*
(b)(1) Motor carriers subject to
§ 387.301(a)(1) are required to have
security for the required minimum
limits as follows:
Passenger Carriers: Kind of Equipment
Minimum
limit
Vehicle seating capacity
PART 389—RULEMAKING
PROCEDURES—FEDERAL MOTOR
CARRIER SAFETY REGULATIONS
25. The authority citation for part 389
continues to read as follows:
I
(i) Any vehicle with a seating
capacity of 16 passengers or
more ......................................
(ii) Any vehicle designed or
used to transport more than
8 passengers (including the
driver) for compensation .......
$5,000,000
1,500,000
Authority: 49 U.S.C. 113, 501 et seq.,
31101 et seq., 31138, 31139, 31301 et seq.,
and 31502; 42 U.S.C. 4917; and 49 CFR 1.73.
I
26. Revise § 389.5 to read as follows:
§ 389.5
*
*
*
*
[Amended]
24. In § 388.1, remove the words
‘‘Washington, DC 20590’’ and add, in
their place, the words ‘‘Administrator,
Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave.,
SE., Washington, DC 20590–0001’’.
I
*
PART 388—COOPERATIVE
AGREEMENTS WITH STATES
23. The authority citation for part 388
continues to read as follows:
I
Regulatory docket.
(a) Information and data deemed
relevant by the Administrator relating to
rulemaking actions, including notices of
proposed rulemaking; comments
received in response to notices;
petitions for rulemaking and
reconsideration; denials of petitions for
Section
Administrator, Federal Motor Carrier Safety Administration,
400 Seventh Street, SW., Washington, DC 20590.
Administrator, Federal Motor Carrier Safety Administration,
400 Seventh Street, SW., Washington, DC 20590.
389.35(a) .......
27. In the table below, for each section
indicated in the left column, remove the
words indicated in the middle column,
and add the words indicated in the right
column.
I
Administrator, Federal Motor
1200 New Jersey Ave., SE.,
Administrator, Federal Motor
1200 New Jersey Ave., SE.,
[Amended]
29. In § 390.19(c)(1), remove the
words ‘‘Federal Motor Carrier Safety
Administration, Data Analysis and
Information Systems, MC–PSDRIS, 400
Seventh Street, SW., Washington, DC
20590’’ and add in their place the words
‘‘Federal Motor Carrier Safety
Administration, Office of Information
Technology (MC–RI), 1200 New Jersey
I
28. The authority citation for part 390
continues to read as follows:
I
Authority: 49 U.S.C. 508, 13301, 13902,
31133, 31136, 31502, 31504; sec. 204, Pub. L.
104–88, 109 Stat. 803, 941 (49 U.S.C. 701
note); sec. 114, Pub. L. 103–311, 108 Stat.
1673, 1677; sec. 217, 229, Pub. L. 106–159,
113 Stat. 1748, 1767; and 49 CFR 1.73.
Section
390.27 ............
City Crescent Building, #10 South Howard Street, Suite 4000,
Baltimore, MD 21201–2819.
61 Forsyth Street, SW., Suite 17T75, Atlanta, GA 30303–3104
390.27 ............
§ 390.27
VerDate Aug<31>2005
17:12 Sep 28, 2007
Jkt 214001
[Amended]
30. Amend the table in § 390.27 by:
I a. Removing the words from the
‘‘location of office’’ column indicated
below in the middle column, and
adding the words indicated in the right
column.
I
Add
201 Mission Street, Suite 2100, San Francisco, CA 94105–
1838.
I b. Removing ‘‘NM’’ from the ‘‘territory
included’’ column for the Southern
service center and adding ‘‘NM’’ to the
‘‘territory included’’ column for the
Western service center in alphabetical
order.
802 Cromwell Park Drive, Suite N, Glen Burnie, MD 21061.
1800 Century Boulevard, Suite 1700, Atlanta, GA 30345–
3220.
Golden Hills Office Centre, 12600 West Colfax Avenue, Suite
B–300, Lakewood, CO 80215.
PART 391—QUALIFICATIONS OF
DRIVERS AND LONGER
COMBINATION VEHICLE (LCV)
DRIVER INSTRUCTORS
Authority: 49 U.S.C. 322, 504, 508, 31133,
31136 and 31502; sec. 4007(b) of Pub. L. 102–
240 (105 Stat. 2152); sec. 114, Pub. L. 103–
311 (108 Stat. 1673, 1677); and 49 CFR 1.73.
31. The authority citation for part 391
continues to read as follows:
I
PO 00000
Carrier Safety Administration,
Washington, DC 20590–0001.
Carrier Safety Administration,
Washington, DC 20590–0001.
Ave., SE., Washington, DC 20590–
0001’’.
Remove
390.27 ............
[Amended]
Add
§ 390.19
PART 390—FEDERAL MOTOR
CARRIER SAFETY REGULATIONS;
GENERAL
jlentini on PROD1PC65 with RULES
§§ 389.31, 389.35
Remove
389.31(b)(1) ...
rulemaking and reconsideration; records
of additional rule making proceedings
under § 389.25; and final rules are
maintained at headquarters, Federal
Motor Carrier Safety Administration,
1200 New Jersey Ave., SE., Washington,
DC 20590–0001.
(b) Except for material ordered
withheld from the public under section
552(b) of title 5 of the United States
Code, any person may examine
docketed material in the Department of
Transportation Docket Management
Facility in the following ways:
(1) At headquarters at any time during
regular business hours. Copies may be
obtained upon payment of a fee.
(2) On the Web site regulations.gov, at
any time, by using the uniform
resources locator (URL) https://
www.regulations.gov. Copies may be
downloaded or printed.
Frm 00048
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Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
§ 391.23
[Amended]
32. In § 391.23(c)(4), remove the
words ‘‘For a drivers’’ and add in their
place the words ‘‘For drivers’’.
I
1200 New Jersey Ave., SE., Washington,
DC 20590–0001’’.
§ 393.93
[Amended]
33. The authority citation for part 392
continues to read as follows:
37. In the footnote to § 393.93(a)
remove the words ‘‘Nassif Building, 400
Seventh Street, SW., Washington, DC
20590’’ and add in their place the words
‘‘1200 New Jersey Ave., SE.,
Washington, DC 20590–0001’’.
Authority: 49 U.S.C. 322, 31136, and
31502; section 1041(b) of Pub. L. 102–240,
105 Stat. 1914, 1993 (1991); and 49 CFR 1.73.
PART 395—HOURS OF SERVICE OF
DRIVERS
§ 392.9
I
PART 392—DRIVING OF COMMERCIAL
VEHICLES
I
[Amended]
34. In § 392.9(a)(1) remove the words
‘‘§§ 393.100 through 393.142 of this
subchapter’’ and add in their place the
words ‘‘§§ 393.100 through 393.136 of
this subchapter.’’
I
I
38. The authority citation for part 395
continues to read as follows:
Authority: 49 U.S.C. 504, 14122, 31133,
31136, 31502; sec. 229, Pub. L. 106–159, 113
Stat. 1748; sec. 113, Pub. L. 103–311, 108
Stat. 1673, 1676; and 49 CFR 1.73.
I
35. The authority citation for part 393
continues to read as follows:
*
§ 395.1
I
Authority: 49 U.S.C. 322, 31136, and
31502; section 1041(b) of Pub. L. 102–240,
105 Stat. 1914, 1993 (1991); and 49 CFR 1.73.
§ 393.7
[Amended]
36. In § 393.7(c)(10)(i), remove the
words ‘‘The Federal Motor Carrier
Safety Administration, Office of Bus and
Truck Standards and Operations, 400
Seventh Street, SW., Washington, DC
20590’’ and add in their place the words
‘‘Federal Motor Carrier Safety
Administration, Office of Bus and Truck
Standards and Operations (MC–PS),
I
(ii) The driving time in the period
immediately before and after each rest
period, when added together, does not
exceed 10 hours;
(iii) The on-duty time in the period
immediately before and after each rest
period, when added together, does not
include any driving time after the 15th
hour; and
(iv) The driver may not return to
driving subject to the normal limits
under § 395.5 without taking at least 8
consecutive hours off duty, at least 8
consecutive hours in the sleeper berth,
or a combination of at least 8
consecutive hours off duty and sleeper
berth time.
*
*
*
*
*
PART 397—TRANSPORTATION OF
HAZARDOUS MATERIALS; DRIVING
AND PARKING RULES
39. In § 395.1, paragraph (g)(3) is
revised to read as follows:
PART 393—PARTS AND
ACCESSORIES NECESSARY FOR
SAFE OPERATION
55703
Scope of the rules in this part.
*
*
*
*
(g) * * *
(3) Passenger-carrying commercial
motor vehicles. A driver who is driving
a passenger-carrying commercial motor
vehicle that is equipped with a sleeper
berth, as defined in §§ 395.2 and 393.76
of this subchapter, may accumulate the
equivalent of 8 consecutive hours of offduty time by taking a combination of at
least 8 consecutive hours off-duty and
sleeper berth time; or by taking two
periods of rest in the sleeper berth,
providing:
(i) Neither rest period is shorter than
two hours;
40. The authority citation for part 397
continues to read as follows:
I
Authority: 49 U.S.C. 322; 49 CFR 1.73.
Subpart A also issued under 49 U.S.C. 5103,
31136, 31502, and 49 CFR 1.53. Subparts C,
D, and E also issued under 49 U.S.C. 5112,
5125.
§§ 397.71, 397.73, 397.75, 397.101, 397.103,
397.205, 397.213 [Amended]
41. In the table below, for each section
indicated in the left column, remove the
words indicated in the middle column,
and add the words indicated in the right
column.
I
Section
Remove
Add
397.71(b)(1)(ii) footnote .......
Office of Enforcement and Compliance (MC–PSDECH),
Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 400 7th Street, SW.,
Washington, DC 20590–0001.
FMCSA, Office of Enforcement and Compliance (MC–
PSDECH), 400 7th St., SW., Washington, DC
20590–0001 by March 13, 1995.
Administrator, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 400 7th
Street, SW., Washington, DC 20590–0001. Attention:
Office of the Chief Counsel (MC–PSDCC).
Office of Enforcement and Compliance (MC–PSDECH),
Federal Motor Carrier Safety Administration, 400
Seventh Street, SW., Washington, DC 20590–0001.
Office of Enforcement and Compliance (MC–PSDECH),
Attn: National Hazardous Materials Route Registry,
400 Seventh Street, SW., Washington, DC 20590.
Federal Motor Carrier Safety Administration, Office of
Enforcement and Compliance (MC–EC), 1200 New
Jersey Ave., SE., Washington, DC 20590–0001.
397.73(b) ..............................
397.75(b)(1) .........................
397.101(g) introductory text
397.103(c)(1) ........................
jlentini on PROD1PC65 with RULES
397.103(d) ............................
Office of Enforcement and Compliance (MC–PSDECH),
400 Seventh Street, SW., Washington, DC 20590.
397.205(b)(1) .......................
Administrator, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, Washington,
DC 20590–0001. Attention: Office of the Chief Counsel (MC–PSDCC), Hazardous Materials Preemption.
VerDate Aug<31>2005
17:12 Sep 28, 2007
Jkt 214001
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
Federal Motor Carrier Safety Administration, Office of
Enforcement and Compliance (MC–EC), 1200 New
Jersey Ave., SE., Washington, DC 20590–0001.
Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC
20590–0001. Attention: Office of the Chief Counsel
(MC–CC).
Federal Motor Carrier Safety Administration, Office of
Enforcement and Compliance (MC–EC), 1200 New
Jersey Ave., SE., Washington, DC 20590–0001.
Federal Motor Carrier Safety Administration, Office of
Enforcement and Compliance (MC–EC), 1200 New
Jersey Ave., SE., Washington, DC 20590–0001. Attention: National Hazardous Materials Route Registry.
Federal Motor Carrier Safety Administration, Office of
Enforcement and Compliance (MC–EC), 1200 New
Jersey Ave., SE., Washington, DC 20590–0001.
Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC
20590–0001. Attention: Office of the Chief Counsel,
Enforcement and Litigation Division (MC–CCE).
E:\FR\FM\01OCR1.SGM
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Federal Register / Vol. 72, No. 189 / Monday, October 1, 2007 / Rules and Regulations
Section
Remove
Add
397.213(b)(1) .......................
Administrator, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, Washington,
DC 20590–0001. Attention: Office of the Chief Counsel (MC–CC), Hazardous Materials Preemption Docket.
Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., SE., Washington, DC
20590–0001. Attention: Office of the Chief Counsel,
Enforcement and Litigation Division (MC–CCE).
Issued on: September 24, 2007.
John H. Hill,
Administrator.
[FR Doc. E7–19196 Filed 9–28–07; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Classification
50 CFR Part 648
This action is taken under 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
[Docket No. 061109296–7009–02]
RIN 0648–XC67
Authority: 16 U.S.C. 1801 et seq.
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery;
Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason quota
transfer.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: NMFS announces that State of
Florida is transferring commercial
bluefish quota to the State of New Jersey
from its 2007 quota. By this action,
NMFS adjusts the quotas and announces
the revised commercial quota for each
state involved.
DATES: Effective September 26, 2007
through December 31, 2007.
FOR FURTHER INFORMATION CONTACT:
Emily Bryant, Fishery Management
Specialist, (978) 281–9244, fax (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the Atlantic
bluefish fishery are found at 50 CFR part
648. The regulations require annual
specification of a commercial quota that
is apportioned among the coastal states
from Florida through Maine. The
process to set the annual commercial
quota and the percent allocated to each
state is described in § 648.160.
Two or more states, under mutual
agreement and with the concurrence of
the Administrator, Northeast Region,
NMFS (Regional Administrator), can
transfer or combine bluefish commercial
quota under § 648.160(f). The Regional
Administrator is required to consider
the criteria set forth in § 648.160(f)(1) in
VerDate Aug<31>2005
17:12 Sep 28, 2007
the evaluation of requests for quota
transfers or combinations.
Florida has agreed to transfer 309,125
lb (140,160 kg) of its 2007 commercial
quota to New Jersey. The Regional
Administrator has determined that the
criteria set forth in § 648.160(f)(1) have
been met. The revised bluefish quotas
for calendar year 2007 are: New Jersey,
1,579,605 lb (716,496 kg); and Florida,
553,488 lb (251,057 kg).
Jkt 214001
Dated: September 25, 2007.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 07–4832 Filed 9–26–07; 2:07 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 070706268–7513–02]
RIN 0648–AV21
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; Framework
Adjustment 7
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues this final rule to
implement measures contained in
Framework Adjustment 7 (Framework
7) to the Summer Flounder, Scup, and
Black Sea Bass Fishery Management
Plan (FMP). Framework 7 will broaden
the FMP stock status determination
criteria for summer flounder, scup, and
black sea bass, while maintaining
objective and measurable criteria for
identifying when the FMP stocks are
overfished or approaching an overfished
condition. The framework action will
also establish acceptable categories of
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
peer review for providing new or
revised stock status determination
criteria for the Council to use in its
annual management measures for each
species. This action is necessary to
ensure that changes or modification to
the stock status determination criteria
constituting the best available peer
reviewed scientific information are
accessible for the management of these
three species in as timely a manner as
is possible. The intended effect of this
action is to improve the timeliness and
efficiency of incorporating the best
available scientific information,
consistent with National Standards 1
and 2 of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), into the
management processes for the three
species covered by the FMP.
DATES: This rule is effective October 31,
2007.
ADDRESSES: Copies of Framework
Adjustment 7 are available from Daniel
T. Furlong, Executive Director, MidAtlantic Fishery Management Council,
Room 2115, Federal Building, 300 South
New Street, Dover, DE 19901–6790. The
framework document is also accessible
via the Internet at https://
www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Michael Ruccio, Fishery Policy Analyst,
(978) 281–9104.
SUPPLEMENTARY INFORMATION:
Background
The proposed rule for Framework 7
was published in the Federal Register
on August 6, 2007 (72 FR 43587). A
complete discussion of the development
and rationale for the framework
appeared in the preamble of the
proposed rule and is not repeated here.
The current stock status
determination criteria for summer
flounder (Paralichthys dentatus), scup
(Stenotomus chrysops), and black sea
bass (Centropristas striata) are found in
Amendment 12 to the FMP. Prior to the
development of Framework 7, the MidAtlantic Fishery Management Council
(Council) would be required to enact a
framework adjustment or an amendment
to the FMP to modify or replace these
stock status determination criteria on a
case-by-case basis.
E:\FR\FM\01OCR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 189 (Monday, October 1, 2007)]
[Rules and Regulations]
[Pages 55697-55704]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19196]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 365, 369, 381, 382, 383, 384, 385, 386, 387, 388, 389,
390, 391, 392, 393, 395, and 397
RIN 2126-AB13
Technical Amendments to Federal Motor Carrier Safety Regulations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule makes technical corrections throughout 49 Code
of Federal Regulations subtitle B, chapter III. In 2007, the FMCSA
moved to 1200 New Jersey Avenue, SE., Washington, DC 20590. This rule
changes obsolete references to the old address. In addition, we are
making minor editorial changes to correct errors and omissions and
improve clarity. This rule does not make any substantive changes to the
affected parts of the Federal Motor Carrier Safety Regulations.
DATES: Effective October 1, 2007.
FOR FURTHER INFORMATION CONTACT: Jason Hartman, Regulatory Development
Division, (202) 366-5043, jason.hartman@dot.gov. Office hours are from
8 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Legal Basis for the Rulemaking
The provisions of the Federal Motor Carrier Safety Regulations
(FMCSRs) amended by this rule are based on many different statutes. The
legal authority for each of those provisions was explained when the
requirement was originally adopted and is summarized at the beginning
of each part in title 49, Code of Federal Regulations (CFR). No further
analysis is required here.
A few of the amendments made by this rule are required by the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU), Public Law 109-59, August 10, 2005. Because the
SAFETEA-LU mandates left the Federal Motor Carrier Administration
(FMCSA) no discretion, the changes (described later in the preamble)
are appropriate for a technical amendment.
Title 49 CFR, subtitle B, chapter III contains all the FMCSRs.
Background
In 2007, FMCSA moved its headquarters from 400 Seventh Street, SW.,
Washington, DC 20590 to 1200 New Jersey Avenue, SE., Washington, DC
20590-0001. The move makes it necessary to amend the CFR to change
references to our address wherever they occur in the regulations.
This document also makes editorial changes to correct inaccurate
references and citations, improve clarity, and fix errors. These minor
editorial changes are set out below, in a section-by-section
description of the changes.
Changes in SAFETEA-LU affected the financial responsibility
requirements of both property and passenger carriers. Section
4120(b)(1) of SAFETEA-LU amended the reach of the financial
responsibility statute for property carriers from ``transportation of
property for compensation by motor vehicle * * *'' [49 U.S.C.
31139(b)(1)] to ``transportation of property by commercial motor
vehicle * * *'' Section 4120(a)(1) changed the reach of the financial
responsibility statute from ``transportation of passengers for
compensation by motor vehicle* * *'' [49 U.S.C. 31138(a)] to
``transportation of passengers by commercial motor vehicle * * *''
A commercial motor vehicle, for these purposes, means a self-
propelled or towed vehicle used on the highways in interstate commerce
to transport passengers or property, if the vehicle--
(A) Has a gross vehicle weight rating or gross vehicle weight of
at least 10,001 pounds, whichever is greater;
(B) Is designed or used to transport more than 8 passengers
(including the driver) for compensation;
(C) Is designed or used to transport more than 15 passengers,
including the driver, and is not used to transport passengers for
compensation * * * [49 U.S.C. 31132(1)(A)-(C)].
Part 387 of 49 CFR has to be changed to reflect these modifications to
FMCSA's authority to set insurance standards.
As a result of the change by section 4120(b)(1), the FMCSA no
longer has the authority to set insurance standards for small freight
vehicles with a GVW/GVR under 10,001 pounds (unless they are hauling
placardable quantities of hazardous materials). We are deleting Sec.
387.303(b)(1)(i) to remove the reference to those small freight
vehicles. In addition, section 4120(a)(1) modified FMCSA's authority to
set insurance standards for passenger carriers. At or below the 15-
passenger threshold, FMCSA's authority is limited to passenger vehicles
``designed or used to transport more than 8 passengers (including the
driver) for compensation.'' We are removing the reference in Sec.
387.303 (b)(1)(ii) to ``Any vehicle with a seating capacity of 15
passengers or less.'' We are adding, instead, a reference to ``Any
vehicle designed or used to transport more than 8 passengers (including
the driver) for compensation.''
These amendments do not impose any new requirements and make no
substantive changes to the CFR. Notice and comment are unnecessary.
Section by Section
Section 381.315. Paragraph (d)(2) is amended by replacing the old
uniform resource locator (URL) for the DOT
[[Page 55698]]
Dockets Management System with a new reference to the Federal Docket
Management System at https://www.regulations.gov.
Section 385.13. We are amending paragraph (d) by renumbering the
subparagraphs and making wording changes to improve clarity.
Section 385.423. Paragraph (c) is amended by replacing the
reference to Sec. Sec. 386.31 and 386.33 with a new reference to
Sec. Sec. 386.5, 386.6, and 386.8. Sections 386.31 and 386.33 were
deleted and superseded by Sec. Sec. 386.6 and 386.5, respectively, on
May 18, 2005 (70 FR 28467-28486). The cross reference to Sec. 386.8 is
added for clarification.
Part 385 Appendix B, Explanation of Safety Rating Process, is
changed to reflect previous amendments to the CFR that were
inadvertently never incorporated in the appendix. Before part 382 was
revised on August 17, 2001 (66 FR 43103), the post-accident testing
requirements for alcohol and controlled substances testing were both in
Sec. 382.303(a). For clarification, the revision kept the alcohol
testing requirement in paragraph (a) and put the controlled substances
testing requirement in paragraph (b). The same 2001 revision of Sec.
382.115 clarified that all the previous implementation dates had
elapsed and required all motor carriers, both domestic and foreign, to
implement the testing program requirements when they begin operating
commercial motor vehicles in the United States. We are changing part
385 Appendix B to correctly reflect those 2001 revisions.
Section 386.2. In the definition of ``Assistant Administrator,''
Sec. 386.2 is amended by correcting the reference to the United States
Code (U.S.C.). The citation, which now reads ``49 U.S.C. 113(d),'' is
changed to read ``49 U.S.C. 113(e).''
Section 386.7. We are removing the paragraph designation (a) to
correct the section.
Section 387.303. Because of the changes in SAFETEA-LU, described in
the ``Background'' section above, paragraph (b)(1)(i) is rescinded and
the table in (b)(1)(ii) is changed. In paragraph (b)(1)(ii), the second
entry in the table, which used to cover any passenger vehicle with ``a
seating capacity of 15 passengers or less,'' now is limited to vehicles
``designed or used to transport more than 8 passengers (including the
driver) for compensation.'' Paragraph (b)(1)(ii) is also corrected to
remove an obsolete reference to effective dates.
Section 389.5. We are clarifying paragraph (b) by renumbering and
by adding a reference to the regulations.gov Web site where readers can
have access to the Federal Docket Management System. We are also
changing the address in paragraph (a).
Section 390.27. The table is corrected by moving New Mexico into
the Western Service Center, which now has responsibility for that
State. This document also changes the addresses for the Eastern,
Southern, and Western Service Centers.
Section 391.23. Paragraph (c)(4) is corrected by changing ``For a
drivers'' to ``For drivers,'' to make the sentence grammatically
correct.
Section 392.9. Paragraph (a)(1) is amended to correct the cross
reference to reflect changes published in the Federal Register on
September 27, 2002 (67 FR 61225). The new reference is to Sec. Sec.
393.100 through 393.136
Section 395.1. On August 25, 2005 (70 FR 50071), the Agency amended
the hours of service rules but in instructing the revision of paragraph
(g), the Agency inadvertently omitted paragraphs (g)(3)(i) through (iv)
of Sec. 395.1 from the annual Code of Federal Regulations for October
1, 2005, and October 1, 2006. The 2005 amendment should have specified
the revision of paragraph (g)(3) introductory text; the Agency never
intended to remove paragraphs (g)(3)(i) through (iv). We are
reinstating those paragraphs to correct that omission. Therefore,
amendatory instruction 39 in this rule revises paragraph (g)(3) to
correctly reinstate paragraphs (g)(3)(i) through (iv).
Rulemaking Analyses and Notices
Administrative Procedure Act
The Administrative Procedure Act provides exceptions to its notice
and public comment procedures when an agency finds there is good cause
on the basis that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' (See 5 U.S.C. 553(b).) As stated
above, the amendments made by this final rule merely update mailing
addresses, correct inadvertent errors and omissions, remove obsolete
references, and make minor editorial changes to improve clarity and
consistency. These amendments do not impose any new requirements, nor
do they make any substantive changes to the CFR. For these reasons, the
FMCSA finds good cause that notice and public comment are unnecessary.
Further, the Agency finds good cause under 5 U.S.C. 553(d)(3) to make
the amendments effective upon publication.
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FMCSA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866 or within
the meaning of Department of Transportation regulatory policies and
procedures. The Office of Management and Budget (OMB) did not review
this document. We expect the final rule will have minimal costs;
therefore, a full regulatory evaluation is unnecessary.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), FMCSA has evaluated the effects of this rule on small entities.
Because the rule only makes editorial corrections and places no new
requirements on the regulated industry, FMCSA certifies that this
action will not have a significant economic impact on a substantial
number of small entities.
Unfunded Mandates Reform Act of 1995
This rulemaking will not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et
seq.), that will result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $120
million or more in any 1 year.
Executive Order 12988 (Civil Justice Reform)
This action will meet applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
Executive Order 13045 (Protection of Children)
The FMCSA analyzed this action under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. We determined that this rulemaking will not concern an
environmental risk to health or safety that may disproportionately
affect children.
Executive Order 12630 (Taking of Private Property)
This rulemaking does not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
[[Page 55699]]
Executive Order 13132 (Federalism)
The FMCSA analyzed this rule in accordance with the principles and
criteria contained in Executive Order 13132. The FMCSA has determined
that this rulemaking will not have a substantial direct effect on
States, nor will it limit the policy-making discretion of the States.
Nothing in this document will preempt any State law or regulation. The
FMCSA has therefore determined this rule does not have federalism
implications.
Executive Order 12372 (Intergovernmental Review)
The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this action.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that FMCSA consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that no
new information collection requirements are associated with this final
rule.
National Environmental Policy Act
The FMCSA analyzed this final rule for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined under our environmental procedures Order 5610.1, issued
March 1, 2004 (69 FR 9680), that this action would not have any effect
on the quality of the environment. Therefore, this final rule is
categorically excluded from further analysis and documentation in an
environmental assessment or environmental impact statement.
The FMCSA also analyzed this rule under the Clean Air Act, as
amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and
implementing regulations promulgated by the Environmental Protection
Agency. Approval of this action is exempt from the CAA's general
conformity requirement since it will have no effect on the environment.
Executive Order 13211 (Energy Effects)
The FMCSA analyzed this action under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We determined that it is not a ``significant
energy action'' under that Executive Order because it will not be
economically significant and will not be likely to have an adverse
effect on the supply, distribution, or use of energy.
List of Subjects in 49 CFR Parts 385, 386, 387, 390, 391, 392, and
395
Highway safety, Motor carriers, Insurance, Motor vehicle safety,
Reporting and recordkeeping requirements, and Surety bonds.
0
In consideration of the foregoing, FMCSA amends title 49, Code of
Federal Regulations, subtitle B, chapter III, as follows:
PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
0
1. The authority citation for part 365 continues to read as follows:
Authority: 5 U.S.C. 553 and 559; 16 U.S.C. 1456; 49 U.S.C.
13101, 13301, 13901-13906, 14708, 31138, and 31144; 49 CFR 1.73.
Sec. Sec. 365.405, 365.411, and 365.413 [Amended]
0
2. In the table below, for each section indicated in the left column,
remove the words indicated in the middle column, and add the words
indicated in the right column.
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
365.405(a)(1)............... FMCSA, Licensing Federal Motor
Team; (MC-PSDRIS), Carrier Safety
400 Seventh Street, Administration, IT
SW., Room 8214, Operations Division
Washington, DC (MC-RIO), 1200 New
20590. Jersey Ave., SE.,
Washington, DC
20590-0001.
365.411(b).................. FMCSA Licensing Team Federal Motor
(MC-PSDRIS), 400 Carrier Safety
Seventh Street, Administration, IT
SW., Room 8214, Operations Division
Washington, DC (MC-RIO), 1200 New
20590. Jersey Ave., SE.,
Washington, DC
20590-0001.
365.413(b) introductory text FMCSA, Licensing Federal Motor
Team (MC-PSDRIS), Carrier Safety
Washington, DC Administration, IT
20590. Operations Division
(MC-RIO), 1200 New
Jersey Ave., SE.,
Washington, DC
20590-0001.
------------------------------------------------------------------------
PART 369--REPORTS OF MOTOR CARRIERS
0
3. The authority citation for part 369 continues to read as follows:
Authority: 5 U.S.C. 553 and 559; 16 U.S.C. 1456; 49 U.S.C.
14123; 49 CFR 1.73.
Sec. 369.6 [Amended]
0
4. In Sec. 369.6, remove the words ``Federal Motor Carrier Safety
Administration, Office of Information Management, 400 Seventh St., SW.,
Washington, DC 20590'' and add, in their place, the words ``Federal
Motor Carrier Safety Administration, Office of Information Technology
(MC-RI), 1200 New Jersey Ave., SE., Washington, DC 20590-0001''.
PART 381--WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS
0
5. The authority citation for part 381 continues to read as follows:
Authority: 49 U.S.C. 31136(e) and 31315; 49 CFR 1.73.
Sec. Sec. 381.210, 381.225, 381.310, 381.315, 381.325, 381.410,
381.415 [Amended]
0
6. In the table below, for each section indicated in the left column,
remove the words indicated in the middle column, and add the words
indicated in the right column.
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
381.210(a).................. Federal Motor Administrator,
Carrier safety Federal Motor
Administrator, U.S. Carrier Safety
Department of Administration,
Transportation, 400 1200 New Jersey
Seventh Street, Ave., SE.,
SW., Washington, DC Washington, DC
20490. 20590-0001.
381.225..................... Office of Bus and Federal Motor
Truck Research Carrier Safety
Standards and Administration,
Operations, Federal Office of Bus and
Motor Carrier Truck Standards and
Safety Operations (MC-PS),
Administration, 400 1200 New Jersey
Seventh Street, Ave., SE.,
SW., Washington, DC Washington, DC
20590. The 20590-0001.
telephone number is
(202) 366-1790.
[[Page 55700]]
381.310(a).................. Federal Motor Administrator,
Carrier Safety Federal Motor
Administrator, U.S. Carrier Safety
Department of Administration,
Transportation, 1200 New Jersey
Federal Motor Ave., SE.,
Carrier Safety Washington, DC
Administration, 400 20590-0001.
Seventh Street,
SW., Washington, DC
20590.
381.315(d)(1)............... Department of Department of
Transportation, Transportation,
U.S. DOT Dockets, Docket Management
Room PL-410, 400 Facility, 1200 New
Seventh Street, Jersey Ave., SE.,
SW., Washington, DC. Washington, DC
20590-0001.
381.315(d)(2)............... U.S. DOT Dockets, Department of
Room PL-401, by Transportation,
using the universal Docket Management
resources locator Facility by using
(URL): https:// the Federal Docket
dms.dot.gov. Management System
using the uniform
resources locator
(URL): https://
www.regulations.gov
.
381.325..................... Office of Bus and Federal Motor
Truck Standards and Carrier Safety
Operations, Federal Administration,
Motor Carrier Office of Bus and
Safety Truck Standards and
Administration, 400 Operations (MC-PS),
Seventh Street, 1200 New Jersey
SW., Washington, DC Ave., SE.,
20590. The Washington, DC
telephone number is 20590-0001.
(202) 366-1790.
381.410(a).................. Federal Motor Administrator,
Carrier Safety Federal Motor
Administrator, U.S. Carrier Safety
Department of Administration,
Transportation, 400 1200 New Jersey
Seventh Street, Ave., SE.,
SW., Washington, DC Washington, DC
20590. 20590-0001.
381.415..................... Office of Bus and Federal Motor
Truck Standards and Carrier Safety
Operations, Federal Administration,
Motor Carrier Office of Bus and
Safety Truck Standards and
Administration, 400 Operations (MC-PS),
Seventh Street, 1200 New Jersey
SW., Washington, DC Ave., SE.,
20590. The Washington, DC
telephone number is 20590-0001.
(202) 366-1790.
------------------------------------------------------------------------
PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING
0
7. The authority citation for part 382 continues to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; and 49
CFR 1.73.
Sec. 382.119 [Amended]
0
8. In the table below, for each section indicated in the left column,
remove the words indicated in the middle column, and add the words
indicated in the right column.
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
382.119(b).................. Federal Motor Administrator,
Carrier Safety Federal Motor
Administrator (or Carrier Safety
the Administrator's Administration,
designee), U.S. 1200 New Jersey
Department of Ave., SE.,
Transportation, 400 Washington, DC
Seventh Street, 20590-0001.
SW., Washington, DC
20590.
382.119(e).................. Office of Federal Motor
Enforcement and Carrier Safety
Compliance, Federal Administration,
Motor Carrier Office of
Safety Enforcement and
Administration, 400 Compliance (MC-EC),
Seventh Street, 1200 New Jersey
SW., Washington, DC Ave., SE.,
20590. The Washington, DC
telephone number is 20590-0001.
(202) 366-5720.
------------------------------------------------------------------------
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
0
9. The authority citation for part 383 continues to read as follows:
Authority: 49 U.S.C. 521, 31136, 31301 et seq., 31502; sec. 214
of Pub. L. 106-159, 113 Stat. 1766, 1767; sec. 1012(b) of Pub. L.
107-56, 115 Stat. 397; sec. 4140 of Pub. L. 109-59, 119 Stat. 1144;
and 49 CFR 1.73.
Sec. 383.52 [Amended]
0
10. In Sec. 383.52(c), remove the words ``Assistant Administrator,
Adjudications Counsel, Federal Motor Carrier Safety Administration
(Room 8217), 400 Seventh Street, SW., Washington, DC 20590'' and add,
in their place, the words ``Assistant Administrator, Adjudications
Counsel (MC-CC), Federal Motor Carrier Safety Administration, 1200 New
Jersey Ave., SE., Washington, DC 20590-0001''.
PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
0
11. The authority citation for part 384 continues to read as follows:
Authority: 49 U.S.C. 31136, 31301 et seq., 31502; sec. 103 of
Pub. L. 106-159, 113 Stat. 1753, 1767; sec. 4140 of Pub. L. 109-59,
119 Stat. 1144; and 49 CFR 1.73.
Sec. 384.107 [Amended]
0
12. In Sec. 384.107(c)(1)(i), remove the words ``Department of
Transportation Library, 400 Seventh Street, SW., Washington, DC 20590
in Room 2200'' and add, in their place, the words ``Department of
Transportation Library, 1200 New Jersey Ave., SE., Washington, DC
20590-0001''.
PART 385--SAFETY FITNESS PROCEDURES
0
13. The authority citation for part 385 continues to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5113,
13901-13905, 31136, 31144, 31148, and 31502; sec. 350 of Pub. L.
107-87; and 49 CFR 1.73.
Sec. 385.4 [Amended]
0
14. In Sec. 385.4(b)(2), remove the words ``Federal Motor Carrier
Safety Administration, Office of Enforcement and Compliance, 400
Seventh Street, SW., Washington, DC 20590'' and add in their place the
words ``Federal Motor Carrier Safety Administration, Office of
Enforcement and Compliance (MC-EC), 1200 New Jersey Ave., SE.,
Washington, DC 20590-0001''.
0
15. Amend Sec. 385.13 to revise paragraph (d) to read as follows:
Sec. 385.13 Unsatisfactory rated motor carriers; prohibition on
transportation; ineligibility for Federal contracts.
* * * * *
(d) Penalties. (1) If a proposed ``unsatisfactory'' safety rating
becomes final, FMCSA will issue an order placing out of service the
motor carrier's
[[Page 55701]]
operations in commerce. The out-of-service order shall apply both to
the motor carrier's operations in interstate commerce and to its
operations affecting interstate commerce.
(2) If a motor carrier's intrastate operations are declared out of
service by a State, FMCSA must issue an order placing out of service
the carrier's operations in interstate commerce. The following
conditions apply:
(i) The State that issued the intrastate out-of-service order
participates in the Motor Carrier Safety Assistance Program and uses
the FMCSA safety rating methodology provided in this part; and
(ii) The motor carrier has its principal place of business in the
State that issued the out-of-service order.
(iii) The order prohibiting the motor carrier from operating a CMV
in interstate commerce shall remain in effect until the State
determines that the carrier is fit.
(3) Any motor carrier that operates CMVs in violation of this
section is subject to the penalty provisions of 49 U.S.C. 521(b) and
Appendix B to part 386 of the FMCSRs.
Sec. Sec. 385.15, 385.19, 385.113, 385.203, 385.303, 385.405, 385.415,
385.423 [Amended]
0
16. In the table below, for each section indicated in the left column,
remove the words indicated in the middle column, and add the words
indicated in the right column.
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
385.15(c) introductory text. Chief Safety Chief Safety
Officer, Federal Officer, Federal
Motor Carrier Motor Carrier
Safety Safety
Administration, 400 Administration,
Seventh Street, 1200 New Jersey
SW., Washington DC Ave., SE.,
20590. Washington, DC
20590-0001.
385.19(c)................... Office of Data Federal Motor
Analysis and Carrier Safety
Information Systems Administration,
(MC RIS), Federal Office of
Motor Carrier Information
Safety Technology (MC-RI),
Administration, 400 1200 New Jersey
Seventh Street, Ave., SE.,
SW., Washington, DC Washington, DC
20590. 20590-0001.
385.113(b).................. Associate Associate
Administrator for Administrator for
Enforcement, Enforcement and
Federal Motor Program Delivery
Carrier Safety (MC-E), Federal
Administration, 400 Motor Carrier
Seventh Street, Safety
SW., Washington DC Administration,
20590. 1200 New Jersey
Ave., SE.,
Washington, DC
20590-0001.
385.203(c).................. Office of Federal Motor
Professional Carrier Safety
Development and Administration,
Training, FMCSA, Professional
400 7th Street, Development and
SW., Washington, DC Training Division
20590. (MC-MHT), 4600 N.
Fairfax Drive,
Suite 700,
Arlington, Virginia
22203.
385.303..................... FMCSA, 400 7th Federal Motor
Street SW., Carrier Safety
Washington, DC Administration,
20590. 1200 New Jersey
Ave., SE.,
Washington, DC
20590-0001.
385.405(b).................. Federal Motor Federal Motor
Carrier Safety Carrier Safety
Administration, MC- Administration,
PSDRIS, Room 8214, Office of
400 7th Street, SW, Information
Washington, DC Technology (MC-RI),
20590. 1200 New Jersey
Ave., SE.,
Washington, DC
20590-0001.
385.415(b)(2)............... Federal Motor Federal Motor
Carrier Safety Carrier Safety
Administration, Administration,
Office of Office of
Enforcement and Enforcement and
Compliance, 400 Compliance (MC-EC),
Seventh Street, 1200 New Jersey
SW., Washington, DC Ave., SE.,
20590. Washington, DC
20590-0001.
385.423(c) introductory text Sec. Sec. 386.31 Sec. Sec. 386.5,
and 386.33. 386.6, and 386.8.
385.423(c)(1)(i)............ FMCSA Chief Safety Chief Safety
Officer, Federal Officer, Federal
Motor Carrier Motor Carrier
Safety Safety
Administration, c/o Administration,
Adjudications 1200 New Jersey
Counsel (MC-PSDCC), Ave., SE.,
400 Seventh Street, Washington, DC
SW., Washington, DC 20590-0001
20590. Attention:
Adjudications
Counsel (MC-CC).
385.423(c)(1)(ii)........... FMCSA Chief Counsel, Chief Counsel (MC-
Federal Motor CC), Federal Motor
Carrier Safety Carrier Safety
Administration, Administration,
Office of the Chief 1200 New Jersey
Counsel, Room 8125, Ave., SE.,
400 Seventh Street, Washington, DC
SW., Washington, DC 20590-0001.
20590.
------------------------------------------------------------------------
Appendix B to Part 385--[Amended]
0
17. Amend Appendix B to Part 385--Explanation of Safety Rating Process,
section VII, List of Acute and Critical Regulations, by:
0
a. Adding in numerical order a new entry for Sec. 382.115(b), to read
``Sec. 382.115(b) Failing to implement an alcohol and/or controlled
substances testing program (foreign motor carrier) (acute).'';
0
b. Amending the entry for Sec. 382.303(a) by removing the words ``and/
or controlled substances''; and
0
c. Adding in numerical order a new entry for Sec. 382.303(b), to read
``Sec. 382.303(b) Failing to conduct post accident testing on driver
for controlled substances (critical).''
PART 386--RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT
FORWARDER, AND HAZARDOUS MATERIALS PROCEEDINGS
0
18. The authority citation for part 386 continues to read as follows:
Authority: 49 U.S.C. 521, 5123, 13301, 13902, 14915, 31132-
31133, 31136, 31144, 31502, 31504; sec. 204, Pub. L. 104-88, 109
Stat. 803, 941 (49 U.S.C. 701 note); sec. 217, Pub. L. 105-159, 113
Stat. 1748, 1767; and 49 CFR 1.73.
Sec. 386.2 [Amended]
0
19. In Sec. 386.2, in the definition of ``Assistant Administrator,''
remove ``49 U.S.C. 113(d)'' and add in its place ``49 U.S.C. 113(e)''.
Sec. 386.7 [Amended]
0
20. Amend Sec. 386.7(a) by:
0
a. Removing the paragraph designation ``(a)''.
0
b. Removing the words ``U.S. DOT Dockets, 400 7th Street, SW., Room PL-
401, Washington, DC 20590'' and adding in their place the words
``Department of Transportation Docket Management Facility, 1200 New
Jersey Ave., SE., Washington, DC 20590-0001''.
PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS
0
21. The authority citation for part 387 continues to read as follows:
Authority: 49 U.S.C. 13101, 13301, 13906, 14701, 31138, and
31139; and 49 CFR 1.73.
0
22. Revise Sec. 387.303(b)(1) to read as follows:
[[Page 55702]]
Sec. 387.303 Security for the protection of the public: Minimum
limits.
* * * * *
(b)(1) Motor carriers subject to Sec. 387.301(a)(1) are required
to have security for the required minimum limits as follows:
------------------------------------------------------------------------
Passenger Carriers: Kind of Equipment
-------------------------------------------------------------------------
Minimum
Vehicle seating capacity limit
------------------------------------------------------------------------
(i) Any vehicle with a seating capacity of 16 passengers or $5,000,000
more......................................................
(ii) Any vehicle designed or used to transport more than 8 1,500,000
passengers (including the driver) for compensation........
------------------------------------------------------------------------
* * * * *
PART 388--COOPERATIVE AGREEMENTS WITH STATES
0
23. The authority citation for part 388 continues to read as follows:
Authority: 49 U.S.C. 113 and 502; 49 CFR 1.73.
Sec. 388.1 [Amended]
0
24. In Sec. 388.1, remove the words ``Washington, DC 20590'' and add,
in their place, the words ``Administrator, Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001''.
PART 389--RULEMAKING PROCEDURES--FEDERAL MOTOR CARRIER SAFETY
REGULATIONS
0
25. The authority citation for part 389 continues to read as follows:
Authority: 49 U.S.C. 113, 501 et seq., 31101 et seq., 31138,
31139, 31301 et seq., and 31502; 42 U.S.C. 4917; and 49 CFR 1.73.
0
26. Revise Sec. 389.5 to read as follows:
Sec. 389.5 Regulatory docket.
(a) Information and data deemed relevant by the Administrator
relating to rulemaking actions, including notices of proposed
rulemaking; comments received in response to notices; petitions for
rulemaking and reconsideration; denials of petitions for rulemaking and
reconsideration; records of additional rule making proceedings under
Sec. 389.25; and final rules are maintained at headquarters, Federal
Motor Carrier Safety Administration, 1200 New Jersey Ave., SE.,
Washington, DC 20590-0001.
(b) Except for material ordered withheld from the public under
section 552(b) of title 5 of the United States Code, any person may
examine docketed material in the Department of Transportation Docket
Management Facility in the following ways:
(1) At headquarters at any time during regular business hours.
Copies may be obtained upon payment of a fee.
(2) On the Web site regulations.gov, at any time, by using the
uniform resources locator (URL) https://www.regulations.gov. Copies may
be downloaded or printed.
Sec. Sec. 389.31, 389.35 [Amended]
0
27. In the table below, for each section indicated in the left column,
remove the words indicated in the middle column, and add the words
indicated in the right column.
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
389.31(b)(1)............... Administrator, Federal Motor Carrier Administrator, Federal Motor Carrier
Safety Administration, 400 Seventh Safety Administration, 1200 New Jersey
Street, SW., Washington, DC 20590. Ave., SE., Washington, DC 20590-0001.
389.35(a).................. Administrator, Federal Motor Carrier Administrator, Federal Motor Carrier
Safety Administration, 400 Seventh Safety Administration, 1200 New Jersey
Street, SW., Washington, DC 20590. Ave., SE., Washington, DC 20590-0001.
----------------------------------------------------------------------------------------------------------------
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
28. The authority citation for part 390 continues to read as follows:
Authority: 49 U.S.C. 508, 13301, 13902, 31133, 31136, 31502,
31504; sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C. 701
note); sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677; sec. 217,
229, Pub. L. 106-159, 113 Stat. 1748, 1767; and 49 CFR 1.73.
Sec. 390.19 [Amended]
0
29. In Sec. 390.19(c)(1), remove the words ``Federal Motor Carrier
Safety Administration, Data Analysis and Information Systems, MC-
PSDRIS, 400 Seventh Street, SW., Washington, DC 20590'' and add in
their place the words ``Federal Motor Carrier Safety Administration,
Office of Information Technology (MC-RI), 1200 New Jersey Ave., SE.,
Washington, DC 20590-0001''.
Sec. 390.27 [Amended]
0
30. Amend the table in Sec. 390.27 by:
0
a. Removing the words from the ``location of office'' column indicated
below in the middle column, and adding the words indicated in the right
column.
----------------------------------------------------------------------------------------------------------------
Section Remove Add
----------------------------------------------------------------------------------------------------------------
390.27..................... City Crescent Building, 10 South 802 Cromwell Park Drive, Suite N, Glen
Howard Street, Suite 4000, Baltimore, MD Burnie, MD 21061.
21201-2819.
390.27..................... 61 Forsyth Street, SW., Suite 17T75, 1800 Century Boulevard, Suite 1700,
Atlanta, GA 30303-3104. Atlanta, GA 30345-3220.
390.27..................... 201 Mission Street, Suite 2100, San Golden Hills Office Centre, 12600 West
Francisco, CA 94105-1838. Colfax Avenue, Suite B-300, Lakewood,
CO 80215.
----------------------------------------------------------------------------------------------------------------
0
b. Removing ``NM'' from the ``territory included'' column for the
Southern service center and adding ``NM'' to the ``territory included''
column for the Western service center in alphabetical order.
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
31. The authority citation for part 391 continues to read as follows:
Authority: 49 U.S.C. 322, 504, 508, 31133, 31136 and 31502; sec.
4007(b) of Pub. L. 102-240 (105 Stat. 2152); sec. 114, Pub. L. 103-
311 (108 Stat. 1673, 1677); and 49 CFR 1.73.
[[Page 55703]]
Sec. 391.23 [Amended]
0
32. In Sec. 391.23(c)(4), remove the words ``For a drivers'' and add
in their place the words ``For drivers''.
PART 392--DRIVING OF COMMERCIAL VEHICLES
0
33. The authority citation for part 392 continues to read as follows:
Authority: 49 U.S.C. 322, 31136, and 31502; section 1041(b) of
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.73.
Sec. 392.9 [Amended]
0
34. In Sec. 392.9(a)(1) remove the words ``Sec. Sec. 393.100 through
393.142 of this subchapter'' and add in their place the words
``Sec. Sec. 393.100 through 393.136 of this subchapter.''
PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
0
35. The authority citation for part 393 continues to read as follows:
Authority: 49 U.S.C. 322, 31136, and 31502; section 1041(b) of
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.73.
Sec. 393.7 [Amended]
0
36. In Sec. 393.7(c)(10)(i), remove the words ``The Federal Motor
Carrier Safety Administration, Office of Bus and Truck Standards and
Operations, 400 Seventh Street, SW., Washington, DC 20590'' and add in
their place the words ``Federal Motor Carrier Safety Administration,
Office of Bus and Truck Standards and Operations (MC-PS), 1200 New
Jersey Ave., SE., Washington, DC 20590-0001''.
Sec. 393.93 [Amended]
0
37. In the footnote to Sec. 393.93(a) remove the words ``Nassif
Building, 400 Seventh Street, SW., Washington, DC 20590'' and add in
their place the words ``1200 New Jersey Ave., SE., Washington, DC
20590-0001''.
PART 395--HOURS OF SERVICE OF DRIVERS
0
38. The authority citation for part 395 continues to read as follows:
Authority: 49 U.S.C. 504, 14122, 31133, 31136, 31502; sec. 229,
Pub. L. 106-159, 113 Stat. 1748; sec. 113, Pub. L. 103-311, 108
Stat. 1673, 1676; and 49 CFR 1.73.
0
39. In Sec. 395.1, paragraph (g)(3) is revised to read as follows:
Sec. 395.1 Scope of the rules in this part.
* * * * *
(g) * * *
(3) Passenger-carrying commercial motor vehicles. A driver who is
driving a passenger-carrying commercial motor vehicle that is equipped
with a sleeper berth, as defined in Sec. Sec. 395.2 and 393.76 of this
subchapter, may accumulate the equivalent of 8 consecutive hours of
off-duty time by taking a combination of at least 8 consecutive hours
off-duty and sleeper berth time; or by taking two periods of rest in
the sleeper berth, providing:
(i) Neither rest period is shorter than two hours;
(ii) The driving time in the period immediately before and after
each rest period, when added together, does not exceed 10 hours;
(iii) The on-duty time in the period immediately before and after
each rest period, when added together, does not include any driving
time after the 15th hour; and
(iv) The driver may not return to driving subject to the normal
limits under Sec. 395.5 without taking at least 8 consecutive hours
off duty, at least 8 consecutive hours in the sleeper berth, or a
combination of at least 8 consecutive hours off duty and sleeper berth
time.
* * * * *
PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND
PARKING RULES
0
40. The authority citation for part 397 continues to read as follows:
Authority: 49 U.S.C. 322; 49 CFR 1.73. Subpart A also issued
under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.53. Subparts C, D,
and E also issued under 49 U.S.C. 5112, 5125.
Sec. Sec. 397.71, 397.73, 397.75, 397.101, 397.103, 397.205,
397.213 [Amended]
0
41. In the table below, for each section indicated in the left column,
remove the words indicated in the middle column, and add the words
indicated in the right column.
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
397.71(b)(1)(ii) footnote... Office of Federal Motor
Enforcement and Carrier Safety
Compliance (MC- Administration,
PSDECH), Federal Office of
Motor Carrier Enforcement and
Safety Compliance (MC-EC),
Administration, 1200 New Jersey
U.S. Department of Ave., SE.,
Transportation, 400 Washington, DC
7th Street, SW., 20590-0001.
Washington, DC
20590-0001.
397.73(b)................... FMCSA, Office of Federal Motor
Enforcement and Carrier Safety
Compliance (MC- Administration,
PSDECH), 400 7th Office of
St., SW., Enforcement and
Washington, DC Compliance (MC-EC),
20590-0001 by March 1200 New Jersey
13, 1995. Ave., SE.,
Washington, DC
20590-0001.
397.75(b)(1)................ Administrator, Administrator,
Federal Motor Federal Motor
Carrier Safety Carrier Safety
Administration, Administration,
U.S. Department of 1200 New Jersey
Transportation, 400 Ave., SE.,
7th Street, SW., Washington, DC
Washington, DC 20590-0001.
20590-0001. Attention: Office
Attention: Office of the Chief
of the Chief Counsel (MC-CC).
Counsel (MC-PSDCC).
397.101(g) introductory text Office of Federal Motor
Enforcement and Carrier Safety
Compliance (MC- Administration,
PSDECH), Federal Office of
Motor Carrier Enforcement and
Safety Compliance (MC-EC),
Administration, 400 1200 New Jersey
Seventh Street, Ave., SE.,
SW., Washington, DC Washington, DC
20590-0001. 20590-0001.
397.103(c)(1)............... Office of Federal Motor
Enforcement and Carrier Safety
Compliance (MC- Administration,
PSDECH), Attn: Office of
National Hazardous Enforcement and
Materials Route Compliance (MC-EC),
Registry, 400 1200 New Jersey
Seventh Street, Ave., SE.,
SW., Washington, DC Washington, DC
20590. 20590-0001.
Attention: National
Hazardous Materials
Route Registry.
397.103(d).................. Office of Federal Motor
Enforcement and Carrier Safety
Compliance (MC- Administration,
PSDECH), 400 Office of
Seventh Street, Enforcement and
SW., Washington, DC Compliance (MC-EC),
20590. 1200 New Jersey
Ave., SE.,
Washington, DC
20590-0001.
397.205(b)(1)............... Administrator, Administrator,
Federal Motor Federal Motor
Carrier Safety Carrier Safety
Administration, Administration,
U.S. Department of 1200 New Jersey
Transportation, Ave., SE.,
Washington, DC Washington, DC
20590-0001. 20590-0001.
Attention: Office Attention: Office
of the Chief of the Chief
Counsel (MC-PSDCC), Counsel,
Hazardous Materials Enforcement and
Preemption. Litigation Division
(MC-CCE).
[[Page 55704]]
397.213(b)(1)............... Administrator, Administrator,
Federal Motor Federal Motor
Carrier Safety Carrier Safety
Administration, Administration,
U.S. Department of 1200 New Jersey
Transportation, Ave., SE.,
Washington, DC Washington, DC
20590-0001. 20590-0001.
Attention: Office Attention: Office
of the Chief of the Chief
Counsel (MC-CC), Counsel,
Hazardous Materials Enforcement and
Preemption Docket. Litigation Division
(MC-CCE).
------------------------------------------------------------------------
Issued on: September 24, 2007.
John H. Hill,
Administrator.
[FR Doc. E7-19196 Filed 9-28-07; 8:45 am]
BILLING CODE 4910-EX-P
