Electronic On-Board Recorders for Hours-of-Service Compliance; Removal of Final Rule Vacated by Court, 28448-28451 [2012-11437]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28448-28451]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11437]



[[Page 28447]]

Vol. 77

Monday,

No. 93

May 14, 2012

Part III





Department of Transportation





-----------------------------------------------------------------------





Federal Motor Carrier Safety Administration





-----------------------------------------------------------------------





49 CFR Parts 350, 385, 395 et al.





 Electronic On-Board Recorders for Hours-of-Service Compliance; Removal 
of Final Rule Vacated by Court; Unsatisfactory Safety Rating; 
Revocation of Operating Authority Registration; Technical Amendments; 
Final Rules

Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and 
Regulations

[[Page 28448]]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 350, 385, 395, and 396

[Docket No. FMCSA-2012-0006]
RIN 2126-AB45


Electronic On-Board Recorders for Hours-of-Service Compliance; 
Removal of Final Rule Vacated by Court

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule rescinds the final rule published on April 5, 
2010, entitled ``Electronic On-Board Recorders for Hours-of-Service 
Compliance'' and amended by a September 13, 2010, technical amendment. 
This action responds to a decision of the Court of Appeals for the 
Seventh Circuit that vacated the April 2010 final rule.

DATES: Effective May 14, 2012.

ADDRESSES: For access to the docket to read background documents, 
including those referenced in this document, go to:
     Regulations.gov, https://www.regulations.gov, at any time 
and insert FMCSA-2012-0006 in the ``Keyword'' box, and then click 
``Search.''
     Docket Management Facility, Room W12-140, DOT Building, 
1200 New Jersey Avenue SE., Washington, DC 20590. You may view the 
docket online by visiting the facility between 9 a.m. and 5 p.m. e.t., 
Monday through Friday except Federal holidays. For documents related to 
the April 2010 final rule, see docket number FMCSA-2004-18940.

FOR FURTHER INFORMATION CONTACT: Mr. William Varga, Office of Chief 
Counsel, Federal Motor Carrier Safety Administration, 1200 New Jersey 
Avenue SE., Washington, DC 20590; telephone (202) 493-0349. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

I. Legal Basis for Rulemaking

    The legal basis for the April 2010 final rule is fully addressed in 
the rule and available at 75 FR 17209-17210. However, this final 
rulemaking is made necessary by the Court of Appeals for the Seventh 
Circuit's vacatur of the April 2010 rulemaking.
    While the Administrative Procedure Act (APA) normally requires 
issuance of a notice of proposed rulemaking (NPRM) and an opportunity 
for public comment, the APA provides an exception when an agency ``for 
good cause finds * * * that notice and public procedure * * * are 
impracticable, unnecessary, or contrary to the public interest.'' 5 
U.S.C. 553(b)(B). Because this rule only makes changes that are 
necessary in light of the court's decision vacating the April 2010 
rulemaking and has no substantive effect on the public, FMCSA finds 
that notice and opportunity for public comment is unnecessary and 
contrary to the public interest under the APA.
    Similarly, given that the changes included in this rulemaking 
reflect the regulatory requirements currently in place as a result of 
the court's decision, FMCSA finds that the normal 30-day minimum 
delayed effective date following publication of a final rule under the 
APA does not apply. 5 U.S.C. 553(d)(3). The 30-day delay would serve no 
purpose other than continue the inconsistency between the regulations 
reflected in the CFR system and regulations actually in effect.

II. Background Information

    On April 5, 2010, FMCSA published a final rule entitled 
``Electronic On-Board Recorders for Hours-of-Service Compliance'' 
(EOBRs). See 75 FR 17208, as amended by 75 FR 55488 (September 13, 
2010). Among other changes, the April 2010 final rule: (1) Prescribed 
new performance standards for EOBRs installed in commercial motor 
vehicles (CMVs) manufactured on or after June 4, 2012; (2) provided for 
the issuance of remedial directives to carriers that demonstrated 
noncompliance with Hours of Service rules at a prescribed level during 
the course of compliance reviews, requiring such carriers to use EOBRs 
for a 2-year period; (3) altered the Agency's safety fitness standard 
to take into account issuance of a remedial directive when determining 
a carrier's fitness; and (4) modified supporting document requirements 
and compliance review procedures for those carriers that voluntarily 
chose to use EOBRs. The final rule took effect on June 4, 2010.\1\
---------------------------------------------------------------------------

    \1\ The September 13, 2010 rulemaking, referenced above, made 
technical changes to the April 2010 rule, including changes to the 
temperature range in which EOBRs must be able to operate and the 
connector type specified for the Universal Serial Bus interface.
---------------------------------------------------------------------------

    On June 3, 2010, the Owner-Operator Independent Drivers 
Association, Inc., filed a petition in the United States Court of 
Appeals for the Seventh Circuit challenging the April 2010 final rule. 
Owner-Operator Indep. Drivers Ass'n v. Federal Motor Carrier Safety 
Admin., 656 F.3d 580 (7th Cir. 2011). The court found that FMCSA's 
failure to address the issue of harassment as part of the rulemaking--a 
factor the Agency was required to address under 49 U.S.C. 31137(a)--
rendered the rulemaking arbitrary and capricious. 656 F.3d at 582, 589. 
Although the court's opinion focused on the remedial directive for 
carriers that demonstrated noncompliance with hours of service rules, 
the court vacated the entire rule. 656 F.3d at 584, 589.
    On October 7, 2011, FMCSA announced in a Federal Register notice 
that it would not appeal the court's decision. 76 FR 62496.

III. Impact of Seventh Circuit Decision

    The effect of the court's decision was to void the changes to Title 
49 of the CFR that were part of the April 2010 final rule.\2\ Stated 
otherwise, the provisions of Title 49 affected by the rulemaking were 
modified as a result of the court's action so as to return the 
regulatory text to its posture on June 3, 2010, immediately before the 
effective date of the rule vacated by the court.
---------------------------------------------------------------------------

    \2\ The court's decision did not affect carriers that 
voluntarily elect to use EOBRs that satisfy preexisting regulatory 
requirements to track compliance with Hours of Service regulations. 
See 49 CFR 395.15, as modified by this rulemaking. Nor did the 
court's decision affect carriers that agree to use electronic 
monitors that go beyond the minimal requirements of 49 CFR 395.15 
under settlement agreements entered as part of the Agency's 
enforcement proceedings. The court's decision eliminated the 
supporting document relief adopted as part of the April 2010 final 
rule and reflected in 49 CFR 395.11, but it did not affect an Agency 
policy encouraging carriers to employ qualifying electronic mobile 
communication/tracking technology by reducing the type of supporting 
documents the carrier must maintain. See 75 FR 32984 (June 10, 
2010).
---------------------------------------------------------------------------

    This final rule takes the administrative steps necessary to remove 
language from the Code of Federal Regulations (CFR) that was added by 
the April 2010 final rule and to reinstate prior regulatory language, 
consistent with the court's decision.

IV. Statutory and Regulatory Reviews

Executive Order 12866 (Regulatory Planning and Review), Executive Order 
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory 
Policies and Procedures

    FMCSA has determined that this action does not meet the criteria 
for a ``significant regulatory action'' as specified in Executive Order 
12866, as supplemented by Executive Order 13563, or within the meaning 
of the Department of Transportation regulatory policies and procedures 
(44 FR 11034, Feb. 26, 1979). While the April 2010 final rule was an 
economically

[[Page 28449]]

significant regulatory action, as explained above, this final rule is 
made necessary by the court's decision vacating the April 2010 
rulemaking. The rule simply codifies in Title 49 of the CFR the effect 
of the court's decision.

Regulatory Flexibility Act

    FMCSA is not required to prepare a final regulatory flexibility 
analysis for this final rule under the Regulatory Flexibility Act, as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996, 5 U.S.C. 601, et seq., because the Agency has not issued an NPRM 
prior to this action. This final rule also complies with the 
President's memorandum of January 18, 2011, entitled Regulatory 
Flexibility, Small Business, and Job Creation (76 FR 3827). As 
addressed above, promulgation of this final rule is required as a 
result of the court's decision. Additionally, the rule was vacated 
before it took effect, so neither costs nor benefits were ever 
realized.

Unfunded Mandates Reform Act of 1995

    FMCSA is not required to prepare an assessment under the Unfunded 
Mandates Reform Act of 1995, 2 U.S.C. 1531, et seq., evaluating a 
discretionary regulatory action because the Agency has not issued an 
NPRM prior to this action. Further, as addressed above, promulgation of 
this final rule is required as a result of the court's decision.

Paperwork Reduction Act

    In the April 2010 final rule, FMCSA estimated a reduced annual 
burden for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501, et 
seq., of 3,110,000 hours for FMCSA's information collection OMB Control 
Number 2126-0001, based on the remedial provisions of the final rule. 
On August 20, 2010, OMB approved FMCSA's most recent calculation of the 
paperwork burden of the Hours of Service rule. As a result of the 
court's action, FMCSA removed the reduction contemplated in the April 
2010 final rule in its most recent application for an extension of this 
information collection. OMB approved the application on December 11, 
2011.

National Environmental Policy Act and Clean Air Act

    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 does 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 under FMCSA 
Order 5610.1, paragraph 6(b) of Appendix 2. This categorical exclusion 
covers editorial and procedural regulations. A Categorical Exclusion 
determination is available for inspection or copying in the 
Regulations.gov Web site listed under ADDRESSES.
    FMCSA also analyzed this action under section 176(c) of the Clean 
Air Act (CAA), as amended (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 would result in no emissions increase or an 
increase in emissions that is clearly de minimis.

Executive Order 12372 (Intergovernmental Review of Federal Programs)

    The regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this action.

Executive Order 12630 (Constitutionally Protected Property Rights)

    This final rule does not effect a taking of private property or 
otherwise have implications under Executive Order 12630.

Executive Order 12898 (Environmental Justice)

    This final rule raises no environmental justice issues, nor is 
there any collective environmental impact resulting from its 
promulgation.

Executive Order 12988 (Civil Justice Reform)

    This final rule meets applicable standards in section 3(a) and 
3(b)(2) of Executive Order 12988 to minimize litigation, eliminate 
ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    This final rule does not pose an environmental risk to health or 
safety that may disproportionately affect children.

Executive Order 13132 (Federalism)

    A rulemaking has implications for Federalism under Executive Order 
13132, Federalism, if it has a substantial direct effect on State or 
local governments and would either preempt State law or impose a 
substantial direct cost of compliance on State or local governments. 
FMCSA analyzed this action in accordance with Executive Order 13132. 
This final rule does not preempt or modify any provision of State law, 
impose substantial direct unreimbursed compliance costs on any State, 
or diminish the power of any State to enforce its own laws. 
Accordingly, this rulemaking does not have Federalism implications 
warranting the application of Executive Order 13132.

Executive Order 13211 (Energy Supply, Distribution, or Use)

    FMCSA analyzed this action under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. FMCSA determined that it is not a ``significant 
energy action'' under that Executive Order because it is not 
economically significant and is not likely to have an adverse effect on 
the supply, distribution, or use of energy.

List of Subjects

49 CFR Part 350

    Grant programs--transportation, Highway safety, Motor carriers, 
Motor vehicle safety, Reporting and recordkeeping requirements.

49 CFR Part 385

    Administrative practice and procedure, Highway safety, Motor 
carriers, Motor vehicle safety, Reporting and recordkeeping.

49 CFR Part 395

    Highway safety, Motor carriers, Reporting and recordkeeping.

49 CFR Part 396

    Highways and roads, Motor carriers, Motor vehicle equipment, Motor 
vehicle safety.

    For the reasons discussed in the preamble, FMCSA amends 49 CFR 
chapter III as set forth below:

PART 350--COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM

0
1. The authority citation for part 350 continues to read as follows:

    Authority: 49 U.S.C. 13902, 31101-31104, 31108, 31136, 31140-
31141, 31161, 31310-31311, 31502; and 49 CFR 1.73.

0
2. Amend Sec.  350.201 by revising the introductory text and removing 
paragraph (z) to read as follows:

[[Page 28450]]

Sec.  350.201  What conditions must a State meet to qualify for Basic 
Program Funds?

    Each State must meet the following twenty-two conditions:
* * * * *

PART 385--SAFETY FITNESS PROCEDURES

0
3. The authority citation for part 385 continues to read as follows:

    Authority:  49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 13901-
13905, 31133, 31135, 31136, 31137(a), 31144, 31148, and 31502; Sec. 
113(a), Pub. L. 103-311; Sec. 408, Pub. L. 104-88; Sec. 350 of Pub. 
L. 107-87; and 49 CFR 1.73.


0
4. Amend Sec.  385.1 by revising paragraph (a) to read as follows:


Sec.  385.1  Purpose and scope.

    (a) This part establishes the FMCSA's procedures to determine the 
safety fitness of motor carriers, to assign safety ratings, to direct 
motor carriers to take remedial action when required, and to prohibit 
motor carriers receiving a safety rating of ``unsatisfactory'' from 
operating a CMV.
* * * * *
0
5. Amend Sec.  385.3 by removing the definitions of the terms ``safety 
fitness determination'' and ``safety rating or ratings'' and by adding 
a definition for the term ``safety ratings,'' in alphabetical order, to 
read as follows:


Sec.  385.3  Definitions and acronyms.

* * * * *
    Safety ratings. (1) Satisfactory safety rating means that a motor 
carrier has in place and functioning adequate safety management 
controls to meet the safety fitness standard prescribed in Sec.  385.5. 
Safety management controls are adequate if they are appropriate for the 
size and type of operation of the particular motor carrier.
    (2) Conditional safety rating means a motor carrier does not have 
adequate safety management controls in place to ensure compliance with 
the safety fitness standard that could result in occurrences listed in 
Sec.  385.5 (a) through (k).
    (3) Unsatisfactory safety rating means a motor carrier does not 
have adequate safety management controls in place to ensure compliance 
with the safety fitness standard which has resulted in occurrences 
listed in Sec.  385.5 (a) through (k).
    (4) Unrated carrier means that a safety rating has not been 
assigned to the motor carrier by the FMCSA.
* * * * *

0
6. Revise Sec.  385.5 to read as follows:


Sec.  385.5  Safety fitness standard.

    The Satisfactory safety rating is based on the degree of compliance 
with the safety fitness standard for motor carriers. For intrastate 
motor carriers subject to the hazardous materials safety permit 
requirements of subpart E of this part, the motor carrier must meet the 
equivalent State requirements. To meet the safety fitness standard, the 
motor carrier must demonstrate it has adequate safety management 
controls in place, which function effectively to ensure acceptable 
compliance with applicable safety requirements to reduce the risk 
associated with:
    (a) Commercial driver's license standard violations (part 383),
    (b) Inadequate levels of financial responsibility (part 387),
    (c) The use of unqualified drivers (part 391),
    (d) Improper use and driving of motor vehicles (part 392),
    (e) Unsafe vehicles operating on the highways (part 393),
    (f) Failure to maintain accident registers and copies of accident 
reports (part 390),
    (g) The use of fatigued drivers (part 395),
    (h) Inadequate inspection, repair, and maintenance of vehicles 
(part 396),
    (i) Transportation of hazardous materials, driving and parking rule 
violations (part 397),
    (j) Violation of hazardous materials regulations (parts 170 through 
177), and
    (k) Motor vehicle accidents and hazardous materials incidents.

0
7. Amend Sec.  385.9 by revising paragraph (a) to read as follows:


Sec.  385.9  Determination of a safety rating.

    (a) Following a compliance review of a motor carrier operation, the 
FMCSA, using the factors prescribed in Sec.  385.7 as computed under 
the Safety Fitness Rating Methodology set forth in appendix B of this 
part, shall determine whether the present operations of the motor 
carrier are consistent with the safety fitness standard set forth in 
Sec.  385.5, and assign a safety rating accordingly.
* * * * *

0
8. Amend Sec.  385.11 by revising the section heading to read as set 
forth below, and by removing paragraph (g).


Sec.  385.11  Notification of safety fitness determination.

* * * * *


Sec.  385.13  [Amended]

0
9. Amend Sec.  385.13 by removing paragraph (e).
0
10. Amend Sec.  385.15 by revising paragraph (a) to read as follows:


Sec.  385.15  Administrative review.

    (a) A motor carrier may request the FMCSA to conduct an 
administrative review if it believes the FMCSA has committed an error 
in assigning its proposed safety rating in accordance with Sec.  
385.15(c) or its final safety rating in accordance with Sec.  
385.11(b).
* * * * *


Sec.  385.17  [Amended]

0
11. Amend Sec.  385.17 by removing paragraphs (k) and (l).
0
12. Amend Sec.  385.19 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  385.19  Safety fitness information.

    (a) Final ratings will be made available to other Federal and State 
agencies in writing, telephonically or by remote computer access.
    (b) The final safety rating assigned to a motor carrier will be 
made available to the public upon request. Any person requesting the 
assigned rating of a motor carrier shall provide the FMCSA with the 
motor carrier's name, principal office address, and, if known, the 
USDOT number or the ICCMC docket number, if any.
* * * * *

0
13. Amend Sec.  385.407 by revising paragraph (a) to read as follows:


Sec.  385.407  What conditions must a motor carrier satisfy for FMCSA 
to issue a safety permit?

    (a) Motor carrier safety performance. (1) The motor carrier must 
have a ``Satisfactory'' safety rating assigned by either FMCSA, 
pursuant to the Safety Fitness Procedures of this part, or the State in 
which the motor carrier has its principal place of business, if the 
State has adopted and implemented safety fitness procedures that are 
equivalent to the procedures in subpart A of this part; and
    (2) FMCSA will not issue a safety permit to a motor carrier that:
    (i) Does not certify that it has a satisfactory security program as 
required in Sec.  385.407(b);
    (ii) Has a crash rate in the top 30 percent of the national average 
as indicated in the FMCSA Motor Carrier Management Information System 
(MCMIS); or
    (iii) Has a driver, vehicle, hazardous materials, or total out-of-
service rate in the top 30 percent of the national average as indicated 
in the MCMIS.
* * * * *

Subpart J--[Removed]

0
14. Remove and reserve subpart J to part 385, consisting of Sec.  
385.801 through Sec.  385.819.

[[Page 28451]]


0
15. Amend Appendix B to part 385 by revising paragraphs (b), (c), and 
(d) and section VI, paragraph (a), to read follows:

Appendix B to Part 385--Explanation of Safety Rating Process

* * * * *
    (b) As directed, FMCSA promulgated a safety fitness regulation, 
entitled ``Safety Fitness Procedures,'' which established a 
procedure to determine the safety fitness of motor carriers through 
the assignment of safety ratings and established a ``safety fitness 
standard'' which a motor carrier must meet to obtain a satisfactory 
safety rating.
    (c) Critical regulations are those identified as such where 
noncompliance relates to management and/or operational controls. 
These are indicative of breakdowns in a carrier's management 
controls. An example of a critical regulation is Sec.  395.3(a)(1), 
requiring or permitting a property-carrying commercial motor vehicle 
driver to drive more than 11 hours.
    (d) The safety rating process developed by FMCSA is used to:
    1. Evaluate safety fitness and assign one of three safety 
ratings (satisfactory, conditional, or unsatisfactory) to motor 
carriers operating in interstate commerce. This process conforms to 
49 CFR 385.5, Safety fitness standard, and Sec.  385.7, Factors to 
be considered in determining a safety rating.
    2. Identify motor carriers needing improvement in their 
compliance with the Federal Motor Carrier Safety Regulations 
(FMCSRs) and applicable Hazardous Material Regulations (HMRs). These 
are carriers rated unsatisfactory or conditional.
* * * * *

VI. Conclusion

    (a) The FMCSA believes this ``safety fitness rating 
methodology'' is a reasonable approach for assigning a safety rating 
which best describes the current safety fitness posture of a motor 
carrier as required by the safety fitness regulations (Sec.  385.9). 
This methodology has the capability to incorporate regulatory 
changes as they occur.
* * * * *

Appendix C to Part 385--[Removed]

0
16. Remove Appendix C to part 385.

PART 395--HOURS OF SERVICE OF DRIVERS

0
17. The authority citation for part 395 continues to read as follows:

    Authority:  49 U.S.C. 504, 31133, 31136, 31137, and 31502; sec. 
113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-
159 (as transferred by sec. 4115 and amended by secs. 4130-4132, 
Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); sec. 4133, Pub. 
L. 109-59, 119 Stat. 1144, 1744; sec. 108, Pub. L. 110-432, 122 
Stat. 4860-4866; and 49 CFR 1.73.


Sec.  395.2  [Amended]

0
18. Amend 395.2 by removing the definitions of ``CD-RW,'' ``CMRS,'' 
``802.11,'' ``Electronic on-board recording device (EOBR),'' 
``Integrally synchronized,'' ``USB,'' and ``UTC.''
0
19. Amend Sec.  395.8 by revising paragraphs (a)(2) and (e) to read as 
follows:


Sec.  395.8  Driver's record of duty status.

    (a) * * *
    (2) Every driver who operates a commercial motor vehicle shall 
record his/her duty status by using an automatic on-board recording 
device that meets the requirements of Sec.  395.15 of this part. The 
requirements of Sec.  395.8 shall not apply, except paragraphs (e) and 
(k)(1) and (2) of this section.
* * * * *
    (e) Failure to complete the record of duty activities of this 
section or Sec.  395.15, failure to preserve a record of such duty 
activities, or making of false reports in connection with such duty 
activities shall make the driver and/or the carrier liable to 
prosecution.
* * * * *


Sec.  395.11  [Removed and Reserved]

0
20. Remove and reserve Sec.  395.11.
0
21. Amend Sec.  395.13 by revising paragraph (b)(2) to read as set 
forth below and removing paragraph (b)(4).


Sec.  395.13  Drivers declared out of service.

* * * * *
    (b) * * *
    (2) No driver required to maintain a record of duty status under 
Sec.  395.8 or Sec.  395.15 of this part shall fail to have a record of 
duty status current on the day of examination and for the prior seven 
consecutive days.
* * * * *

0
22. Amend Sec.  395.15 by revising the heading of paragraph (a) and 
paragraph (a)(1) to read as follows:


Sec.  395.15  Automatic on-board recording devices.

    (a) Authority to use automatic on-board recording device. (1) A 
motor carrier may require a driver to use an automatic on-board 
recording device to record the driver's hours of service in lieu of 
complying with the requirements of Sec.  395.8 of this part.
* * * * *


Sec.  395.16  [Removed]

0
23. Remove Sec.  395.16.


Sec.  395.18  [Removed]

0
24. Remove Sec.  395.18.

Appendix A to Part 395--[Removed]

0
25. Remove Appendix A to part 395.

PART 396--INSPECTION, REPAIR AND MAINTENANCE

0
26. The authority citation for part 396 continues to read as follows:

    Authority:  49 U.S.C. 31133, 31136, 31151, and 31502; and 49 CFR 
1.73.


0
27. Amend Sec.  396.9 by revising the section heading, the heading of 
paragraph (c), and paragraph (c)(1) to read as follows:


Sec.  396.9  Inspection of motor vehicles and intermodal equipment in 
operation.

* * * * *
    (c) Motor vehicles and intermodal equipment declared ``out-of-
service.'' (1) Authorized personnel shall declare and mark ``out-of-
service'' any motor vehicle or intermodal equipment which by reason of 
its mechanical condition or loading would likely cause an accident or a 
breakdown. An ``out-of-Service Vehicle'' sticker shall be used to mark 
vehicles and intermodal equipment ``out-of-service.''
* * * * *

    Issued on: May 1, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-11437 Filed 5-11-12; 8:45 am]
BILLING CODE P