General Technical, Organizational, and Conforming Amendments to the Federal Motor Carrier Safety Regulations, 59450-59458 [2014-23433]
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Federal Register / Vol. 79, No. 191 / Thursday, October 2, 2014 / Rules and Regulations
also consider whether extraordinary
circumstances are present that would
warrant the preparation of an EA or EIS.
Id. Paragraph 3.c.5 of DOT Order
5610.1C incorporates by reference the
categorical exclusions for all DOT
Operating Administrations. This action
is covered by the categorical exclusion
listed in the Federal Highway
Administration’s implementing
procedures, ‘‘[p]romulgation of rules,
regulations, and directives.’’ 23 CFR
771.117(c)(20). The purpose of this
rulemaking is to make a correction to
the Appendix to DOT’s Privacy Act
regulations. The agency does not
anticipate any environmental impacts
and there are no extraordinary
circumstances present in connection
with this rulemaking.
D. Executive Order 13132
This action has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13132 dated August 4, 1999, and it has
been determined that it does not have a
substantial direct effect on, or sufficient
federalism implications for, the States,
nor would it limit the policymaking
discretion of the States. Therefore, the
preparation of a Federalism Assessment
is not necessary.
E. Executive Order 13084
This action has been analyzed in
accordance with the principles and
criteria contained in Executive Order
13084 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because it has no effect on Indian Tribal
Governments, the funding and
consultation requirements of Executive
Order 13084 do not apply.
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F. Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3501, et seq.),
Federal agencies must obtain approval
from the Office of Management and
Budget for each collection of
information they conduct, sponsor, or
require through regulations. The DOT
has determined that this action does not
contain a collection of information
requirement for the purposes of the
PRA.
G. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4, 109 Stat. 48, March 22, 1995)
requires Federal agencies to assess the
effects of certain regulatory actions on
State, local, and tribal governments, and
the private sector. The UMRA requires
a written statement of economic and
regulatory alternatives for proposed and
final rules that contain Federal
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mandates. A ‘‘Federal mandate’’ is a
new or additional enforceable duty,
imposed on any State, local, or tribal
Government, or the private sector. If any
Federal mandate causes those entities to
spend, in aggregate, $143.1 million or
more in any one year (adjusted for
inflation), an UMRA analysis is
required. This rule would not impose
Federal mandates on any State, local, or
tribal governments or the private sector.
List of Subjects in 49 CFR Part 10
Penalties, Privacy.
In consideration of the foregoing, DOT
amends part 10 of title 49, Code of
Federal Regulations, as follows:
■ 1. The authority citation for part 10
continues to read as follows:
Authority: 5 U.S.C. 552a; 49 U.S.C. 322.
2. Amend the Appendix to Part 10 by:
a. In Part I, adding paragraph D; and
b. In Part II, adding paragraphs B.3.,
D.4, and F.4. and revising paragraph F.2.
The revisions and additions read as
follows:
■
■
■
Appendix to Part 10—Exemptions
Part I. General Exemptions
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D. General Investigations Record System,
maintained by the Office of Investigations
and Security, Office of the Secretary (DOT/
OST 016).
*
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*
Part II. Specific Exemptions
*
*
*
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*
B. * * *
3. General Investigations Record System,
maintained by the Office of Investigations
and Security, Office of the Secretary (DOT/
OST 016).
*
*
*
*
*
D. * * *
4. Personnel Security Records System,
maintained by the Office of Investigations
and Security, Office of the Secretary (DOT/
OST 035).
*
*
*
*
*
F. * * *
2. Personnel Security Records System,
maintained by the Office of Investigations
and Security, Office of the Secretary (DOT/
OST 035).
*
*
*
*
*
4. General Investigations Record System,
maintained by the Office of Investigations
and Security, Office of the Secretary (DOT/
OST 016).
*
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*
Issued in Washington, DC, on September
24th, 2014, under authority delegated in 49
CFR 1.27(c).
Kathryn B. Thomson,
General Counsel.
[FR Doc. 2014–23470 Filed 10–1–14; 8:45 am]
BILLING CODE 4910–9X–P
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 355, 365, 369, 383, 384,
385, 387, 390, 391, 392, 395, and 397
[Docket No. FMCSA–2014–0262]
RIN 2126–AB76
General Technical, Organizational, and
Conforming Amendments to the
Federal Motor Carrier Safety
Regulations
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
FMCSA amends its
regulations by making technical
corrections throughout title 49 of the
Code of Federal Regulations (CFR),
subtitle B, chapter III. The Agency is
making minor changes to correct errors
and omissions, ensure conformity with
Office of the Federal Register style
guidelines, update references, and
improve clarity and consistency of
certain regulatory provisions. This rule
does not make any substantive changes
to the affected regulations.
DATES: Effective October 2, 2014. The
incorporation by reference of certain
publications listed in the rule is
approved by the Director of the Federal
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51 as of October
2, 2014.
FOR FURTHER INFORMATION CONTACT: Mr.
Alan Strasser, Federal Motor Carrier
Safety Administration, Office of the
Chief Counsel, Regulatory Affairs
Division, 1200 New Jersey Avenue SE.,
Washington, DC 20590–0001, by
telephone at (202) 366–0286 or via
email at alan.strasser@dot.gov. Office
hours are from 8:00 a.m. to 5:30 p.m.
e.t., Monday through Friday, except
Federal holidays.
If you have questions on viewing the
docket, please call Ms. Cheryl Collins,
Program Manager, Docket Operations,
telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Legal Basis for the Rulemaking
Congress delegated certain powers to
regulate interstate commerce to the
United States Department of
Transportation (DOT or Department) in
numerous pieces of legislation, most
notably in section 6 of the Department
of Transportation Act (DOT Act) (Pub.
L. 85–670, 80 Stat. 931 (1966)). Section
55 of the DOT Act transferred to the
Department the authority of the former
Interstate Commerce Commission (ICC)
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to regulate the qualifications and
maximum hours-of-service of
employees, the safety of operations, and
the equipment of motor carriers in
interstate commerce. See 49 U.S.C. 104.
This authority, first granted to the ICC
in the Motor Carrier Act of 1935 (Pub.
L. 74–255, 49 Stat. 543, Aug. 9, 1935),
now appears in chapter 315 of title 49
of the U.S. Code. The regulations issued
under this authority became known as
the Federal Motor Carrier Safety
Regulations, appearing generally at 49
CFR parts 350–399. The administrative
powers to enforce chapter 315 were also
transferred from the ICC to the DOT in
1966 and appear in chapter 5 of title 49
of the U.S. Code. The Secretary of the
U.S. DOT (Secretary) delegated
oversight of these provisions to the
Federal Highway Administration
(FHWA), a predecessor agency of the
FMCSA. The FMCSA Administrator has
been delegated authority under 49 CFR
1.87 to carry out the motor carrier
functions vested in the Secretary.
Between 1984 and 1999, a number of
statutes added to FHWA’s authority.
Various statutes authorize the
enforcement of the FMCSRs, the
Hazardous Materials Regulations
(HMRs), and the Commercial
Regulations, and provide both civil and
criminal penalties for violations of these
requirements. These statutes include the
Motor Carrier Safety Act of 1984 (Pub.
L. 98–554, 98 Stat. 2832, Oct. 30, 1984),
codified at 49 U.S.C. chapter 311,
subchapter III; the Commercial Motor
Vehicle Safety Act of 1986 (Pub. L. 99–
570, 100 Stat. 3207–170, Oct. 27, 1986),
codified at 49 U.S.C. chapter 313; the
Hazardous Materials Transportation
Uniform Safety Act of 1990, as amended
(Pub. L. 101–615, 104 Stat. 3244, Nov.
16, 1990), codified at 49 U.S.C. chapter
51; and the ICC Termination Act of 1995
(Pub. L. 104–88, 109 Stat. 803, Dec. 29,
1995), codified at 49 U.S.C. chapters
131–149.
The Motor Carrier Safety
Improvement Act of 1999 (MCSIA) (Pub.
L. 106–159, 113 Stat. 1748, Dec. 9, 1999)
established FMCSA as a new operating
administration within the DOT,
effective January 1, 2000. The motor
carrier safety responsibilities previously
assigned to both the ICC and the FHWA
are now assigned to FMCSA. Congress
expanded, modified, and amended
FMCSA’s authority in the Uniting and
Strengthening America by Providing
Appropriate Tools Required to Intercept
and Obstruct Terrorism (USA PATRIOT)
Act of 2001 (Pub. L. 107–56, 115 Stat.
272, Oct. 26, 2001), the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU) (Pub. L. 109–59,
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119 Stat. 1144, Aug. 10, 2005), the
SAFETEA–LU Technical Corrections
Act of 2008 (Pub. L. 110–244, 122 Stat.
1572, June 6, 2008), and the Moving
Ahead for Progress in the 21st Century
Act (MAP–21) (Pub. L. 112–141, 126
Stat. 405, July 6, 2012).
The provisions of the FMCSRs
amended by this rule are based on the
statutes detailed above. The legal
authority for each of those provisions
was explained when the requirement
was originally adopted and is noted at
the beginning of each part in title 49 of
the CFR. Title 49 CFR subtitle B, chapter
III, contains all of the FMCSRs.
The Administrative Procedure Act
(APA) (5 U.S.C. 551–706) specifically
provides exceptions to its notice and
public comment rulemaking procedures
where the Agency finds there is good
cause (and incorporates the finding and
a brief statement of reasons therefore in
the rules issued) to dispense with them.
Generally, good cause exists where the
Agency determines that notice and
public procedures are impractical,
unnecessary, or contrary to the public
interest (5 U.S.C. 553(b)). The
amendments made in this final rule
merely correct inadvertent errors and
omissions, remove or update obsolete
references, and make minor changes to
improve clarity and consistency. The
technical amendments do not impose
any new requirements, nor do they
make any substantive changes to the
CFR. For these reasons, the FMCSA
finds good cause that notice and public
comment on this final rule is
unnecessary; thus this rule will be
effective on the date of publication in
the Federal Register.
Background
This document makes editorial
changes to correct inaccurate references
and citations, improve clarity, and fix
errors. The reasons for each of these
minor revisions are set out below, in a
section-by-section description of the
changes. These amendments do not
impose any new requirements, nor do
they make substantive changes to the
CFR.
Section-by-Section Analysis
This section-by-section analysis
describes the technical amendment
provisions in numerical order.
Part 355
Appendix A to Part 355. Under the
section for ‘‘Regulatory Review,’’ the
paragraph titled ‘‘Hours of Service of
Drivers’’ is revised to account for the
final rules of December 27, 2011 (76 FR
81134) and October 28, 2013 (78 FR
64179). In addition, new text
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summarizing requirements for passenger
carriers is added.
Part 365
Section 365.405. In paragraph (a)(1),
the name of the office that receives
filings of Form OP–FC–1 is changed
from the former name ‘‘IT Operations
Division (MC–RIO)’’ to ‘‘Office of
Registration and Safety Information
(MC–RS).’’
Section 365.411. In paragraph (b), the
name of the office that receives filings
of protests and petitions for
reconsideration is changed from the
former ‘‘IT Operations Division (MC–
RIO)’’ to ‘‘Office of Registration and
Safety Information (MC–RS).’’
Section 365.413. In paragraph (b), the
name of the office that receives filings
of protests and petitions for
reconsideration is changed from the
former ‘‘IT Operations Division (MC–
RIO)’’ to ‘‘Office of Registration and
Safety Information (MC–RS).’’
Part 369
Section 369.6. The phrase ‘‘Office of
Information Technology’’ (MC–RI) is
removed and replaced with the phrase
‘‘Office of Registration and Safety
Information (MC–RS)’’ to reflect the
proper name of the office with such
responsibilities.
Part 383
Section 383.3. The Interpretative rule
referenced in Question 18 and
responsive Guidance to § 383.3 is
removed. Question 18 was published
April 4, 1997 (65 FR 16394). FMCSA
rescinds that interpretation and motor
carriers should no longer rely on that
guidance since it was made obsolete by
the Hazardous Materials Transportation
Uniform Safety Act of 1990 § 4, (Pub. L.
101–615, Nov. 16, 1990), which granted
the Pipeline and Hazardous Materials
Safety Administration jurisdiction over
intrastate hazardous materials. The
Hazardous Materials Regulations
(HMRs) apply to the transport of
hazardous materials requiring
placarding, regardless of the type of
vehicle utilized. Also note that this
deletion ensures internal consistency
with related guidance. Specifically,
guidance to § 383.97, Question 7,
clarifies that all drivers of vehicles
required to be placarded need to have a
Commercial Driver’s License (CDL) with
an HM endorsement.
Section 383.5. First, under the
definition for ‘‘Conviction,’’ the word
‘‘probated’’ is removed and replaced
with the word ‘‘prorated’’ to correct an
error. Second, the definition of
commercial motor vehicle is amended
to add the names of the three vehicle
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groups listed in 49 CFR 383.91(a):
Combination Vehicle (Group A), Heavy
Straight Vehicle (Group B), and those
vehicles that meet neither the Group A
nor Group B requirements (Group C).
This amendment does not change the
applicability of the commercial driver’s
license (CDL) requirements in any way,
but provides a practical means for the
reader to understand how the four
individual components of the definition
in § 383.5 align with the three vehicle
groups listed in § 383.91. As such, the
amended definition provides a valuable
reference tool for CDL applicants and
holders, employers, and motor carrier
enforcement personnel by eliminating
the need to reference multiple sections
within part 383.
Section 383.73. The March 25, 2013
CDL Testing and CLP Standards final
rule (78 FR 17875) made revisions to
several provisions of parts 383 and 384
to include a prohibition on the transfer
of Commercial Learner’s Permits (CLPs)
as provided in the Commercial Driver’s
License Information System (CDLIS)
State Procedures Manual incorporated
by reference in 49 CFR 384.107. The
March 2013 final rule inadvertently
omitted from paragraph (n)(1)
conforming changes to reflect the CLP
transfer prohibition. To correct this
omission, first, in paragraph (n)(1), the
phrase ‘‘or upgraded CLP, or an initial,
renewed’’ is added after the word
‘‘renewed.’’ Also, after the first instance
of the word ‘‘upgraded’’ the phrase ‘‘or
transferred CLP or’’ is removed. The
other change in paragraph (n)(1)
concerns knowledge and skills test
scores verification before a transferred
CDL is issued. Verification of test scores
is not needed when a CDL is transferred
to another State because the scores were
previously verified when the CDL was
initially issued in the former State of
record. This change is consistent with
the requirements in §§ 383.135(c) and
384.225 that exclude the test scores
from being part of the CDLIS driver
record (as defined by 49 CFR 383.5) that
is required to be sent to the new State
of record upon transfer of a CDL.
Therefore, States cannot and need not
enforce the knowledge and skills test
scores verification requirements for a
CDL transferred to a new State of record
under § 383.73(n)(1). This amendment
addresses this issue by removing the
requirement to verify knowledge and
skills test scores when a CDL is
transferred to a new State of record.
In paragraph (o)(4), after the third
instance of the word ‘‘medical’’ the
following phrase is added: ‘‘examiner’s
certificate is voided or rescinded or a
medical.’’ This clarifies statutory
authority granted to FMCSA under 49
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U.S.C. section 31149(c)(2) for FMCSA to
void a medical examiner’s certificate for
a CLP or CDL under certain
circumstances.
Part 384
Section 384.107. The entire section
was revised according to the
incorporation by reference drafting
requirements of the Office of the Federal
Register. In paragraph (b), the
incorporation by reference of the
AAMVA ‘‘Commercial Driver’s License
Information System (CDLIS) State
Procedures Manual,’’ Release 5.2.0,
February 2011, is replaced by the
updated version, Commercial Driver’s
License Information System (CDLIS)
State Procedures Manual,’’ Release
5.3.2.1, August 2013. This change
reflects a routine update of the
referenced manual to include
clarifications of procedures related to
the medical examiner’s certification as
part of the CDL, modification of
procedures to reflect the Federal
requirements in the CDL Testing and
CLP Standards final rule and the
renumbering of sections and crossreferences. Paragraph (c) is deleted to
address the incorporation by reference
drafting requirements of the Office of
the Federal Register. The scope of the
incorporation by reference is otherwise
unchanged.
Section 384.206. Paragraph (a)(1) is
amended by clarifying that CLPs cannot
be transferred from one State to another
State. The March 25, 2013 CDL Testing
and CLP standards final rule made
revisions to several sections of 49 CFR
parts 383 and 384 to include a
prohibition on the transfer of CLPs, but
conforming changes to this section were
mistakenly omitted. This amendment
addresses this omission.
Section 384.209. Paragraph (b)(2) is
amended by adding the phrase ‘‘from a
foreign country’’ after the phrase ‘‘a
person’’ to implement MAP–21 section
32203(b) requiring reporting of
convictions of a foreign commercial
driver to the Federal Convictions and
Withdrawal Database. The current
language could be seen as applying to
all commercial drivers from the United
States, but that contradicts the plain
language of the statute limiting
application to a foreign commercial
driver.
Section 384.212. In paragraph (b), the
phrase ‘‘CLP or,’’ inadvertently appears
twice. The March 25, 2013 CDL Testing
and CLP Standards final rule made
revisions to several sections of 49 CFR
parts 383 and 384 to include a
prohibition on the transfer of CLPs, but
mistakenly omitted conforming changes
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to this section. This amendment
addresses that omission.
Section 384.225. Paragraph (e) is
amended to ensure the language
properly correlates with the section’s
lead in language ‘‘the state must,’’ and,
thus, is grammatically correct. The word
‘‘allow’’ is inserted and the word ‘‘may’’
is replaced by the word ‘‘to’’ for clarity.
Paragraph (f) is amended by changing
‘‘The’’ to ‘‘Ensure the’’ at the beginning
of the paragraph for grammatical
precision. Also, the phrase regarding the
National Law Enforcement
Telecommunications System (NLETS) is
removed, since NLETS is not
maintaining the CDLIS system, but only
has the ability to access CDLIS data.
Section 384.228. Paragraph (j)(2) is
moved to paragraph (h)(3). Movement of
this text reflects new requirements
placed in paragraph (h)(1) as part of the
March 25, 2013 CDL Testing and CLP
Standards final rule (78 FR 17875),
which changed background checks from
an annual requirement to a one-time
event. This is a conforming amendment
to retain existing requirements for such
background checks and to place such
requirements in the appropriate place
within § 384.228.
Section 384.229. Paragraph (b) is
amended by deleting the sentence
beginning after ‘‘examiners,’’ which
reads: ‘‘For third party testers and
examiners who were granted the
training and skills testing exception
under § 383.75(a)(7), the covert and
overt monitoring must be performed at
least once every year;.’’ The March 25,
2013 CDL Testing and CLP Standards
final rule (78 FR 17875) removed the
exception under § 383.75(a)(7)
referenced in § 384.229. This is a
conforming amendment to clarify that
the exception was deleted.
Section 384.305. In the final untitled
paragraph, the phrase ‘‘Approved by the
Office of Management and Budget under
control number 2125–0542’’ is deleted
for clarity. The reference to a specific
OMB information collection is outdated
and confusing in the context of the State
certification requirements.
Part 385
Section 385.308. Paragraph (a)(1) is
corrected by adding the word ‘‘motor’’
after ‘‘commercial’’ and before ‘‘vehicle’’
to provide the proper term ‘‘commercial
motor vehicle,’’ as utilized in part 385
and defined in § 385.3.
Section VII of Part 385, Appendix B.
In the ‘‘List of Acute and Critical
Regulations’’ the following paragraph
regarding § 397.101(d) is deleted:
‘‘Requiring or permitting the operation
of a motor vehicle containing highway
route-controlled quantity, as defined in
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§ 173.403, of radioactive materials that
is not accompanied by a written route
plan.’’ This provision was mistakenly
added to part 385, Appendix B and will
therefore be deleted.
Part 387
Section 387.15. The references to
OMB numbers 2125–0074 and 2125–
0075 are deleted for clarity in
Illustrations I and II respectively. Such
references to specific OMB information
collection approvals are outdated,
confusing, and superfluous in the
context of the rules’ sample illustrations
of insurance and surety bond forms.
Section 387.39. The reference to OMB
approval under control number 2125–
0518 is deleted for clarity. This
reference to a specific OMB information
collection approval is outdated,
confusing, and superfluous in the
context of the rules’ sample illustration
of a motor carrier public liability surety
bond.
Part 390
Section 390.5. First, under the
definition of ‘‘Conviction,’’ the word
‘‘probated’’ is removed and replaced
with the word ‘‘prorated’’ to correct an
error. Second, a definition of ‘‘Crash’’
that cross-references the existing
definition of ‘‘Accident’’ in 49 CFR
390.5 is added to clarify that these terms
are synonymous.
Section 390.19. In paragraph (d), the
name of the office to file forms MCS–
150, MCS–150B and MCS–150C is
changed in the first sentence from
‘‘Office of Information Management’’ to
‘‘Office of Registration and Safety
Information.’’ Also, in the first sentence
after the word ‘‘with’’ the word ‘‘the’’ is
inserted to correct the grammar. In the
second sentence, the office to file forms
with is changed from ‘‘Office of
Information Management, MC–RIO’’ to
‘‘Office of Registration and Safety
Information (MC–RS).’’
Section 390.40. The cross-reference to
§ 386.72(b)(1) in paragraph (j) is an error
and is replaced with the correct crossreference to section 386.72(b)(3).
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Part 391
Section 391.63. The reference to
approval under OMB control number
2125–0081 is deleted for clarity. This
reference to a specific OMB information
collection approval is outdated,
confusing, and superfluous in the
context of the rules’ description of the
obligations for motor carriers employing
multiple-employer drivers.
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Part 395
Section 395.8. The reference to OMB
approval under control number 2125–
0016 is deleted for clarity. This
reference to a specific OMB information
collection approval is outdated,
confusing, and superfluous in the
context of the rule’s sample illustration
of regulations, which generally outline
drivers’ record of duty status obligations
and provide a sample duty status graph
grid.
the context of the rule’s public
information and reporting requirements.
Section 397.103. Based on a new
publication requirement from section
33013(b) of MAP–21, the following
sentence will be added as a new
paragraph (c)(3) to clarify when a new
routing designation is effective for
radioactive materials: ‘‘The route is
published in FMCSA’s Hazardous
Materials Route Registry.’’
Rulemaking Analyses
Part 392
Section 392.5. In paragraph (a)(3), the
word ‘‘and’’ is changed to ‘‘or’’ to
correct an error.
Part 397
Section 397.69. Paragraph (b) is
amended to reflect statutory changes
under section 33013(b) of MAP–21,
which amended 49 U.S.C. 5125(c)(1) to
require publication of highway route
designations in the Department’s
hazardous materials route registry under
49 U.S.C. 5112(c). The citation to
section 105(b)(4) of the Hazardous
Materials Transportation Act is deleted
since it is now obsolete. Language
regarding an effective date of November
14, 1996, is also deleted since it is also
obsolete.
In paragraph (c), the phrase ‘‘of this
subpart’’ is amended to read ‘‘of this
part’’ to correct an inaccurate reference.
Section 397.73. In paragraph (a),
footnote 2 is deleted and replaced by an
internet link for convenience. Also, the
reference to FMCSA is replaced by the
‘‘Federal Highway Administration
(FHWA),’’ since that latter agency is the
correct publisher of the ‘‘Manual on
Uniform Traffic Control Devices for
Streets and Highways.’’
In paragraph (b), additional text is
added since section 33013(a) of MAP–
21 amended 49 U.S.C. section 5112(c) to
add State reporting requirements, which
include the name of the responsible
agency for hazmat materials highway
route designations. In addition, the
phrase ‘‘regarding designations existing
on November 14, 1994’’ is deleted as
obsolete. Also, based on a new
requirement from section 33013(b) of
MAP- 21, a State or Tribally-designated
route is effective only after it is
published in FMCSA’s Hazardous
Materials Route Registry. This
requirement is added as new paragraph
(c).
The reference to OMB approval under
control number 2125–0554 at the end of
the section is deleted for clarity. Such
a reference to a specific OMB
information collection approval is
outdated, confusing, and superfluous in
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Executive Order 12866 (Regulatory
Planning and Review) and DOT
Regulatory Policies and Procedures
FMCSA has determined that this
action is not a significant regulatory
action within the meaning of Executive
Order 12866, as supplemented by
Executive Order 13563 (76 FR 3821,
January 18, 2011), or within the
meaning of the DOT regulatory policies
and procedures (44 FR 1103, February
26, 1979). Thus, 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 of 1980 (5 U.S.C. 601–
612), FMCSA has evaluated the effects
of this rule on small entities. Because
the rule makes only minor editorial
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
The final rule will not impose an
unfunded Federal mandate, as defined
by the Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1532, et seq.), that will
result in the expenditure by State, local
and tribal governments, in the aggregate,
or by the private sector, of $141.9
million (which is the value of $100
million in 2010 after adjusting for
inflation) or more in any 1 year.
E.O. 13132 (Federalism)
A rule has implications for
Federalism under section 1(a) of
Executive Order 13132 if it has
‘‘substantial direct effects on the States,
on the relationship between national
government and the States, or on the
distribution of power and
responsibilities among various levels of
government.’’ FMCSA has determined
that this rule will not have substantial
direct effects on States, nor will it limit
the policymaking discretion of States.
Nothing in this document preempts or
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modifies any provision of State law or
regulation, imposes substantial direct
unreimbursed compliance costs on any
State, or diminishes the power of any
State to enforce its own laws.
Accordingly, this rulemaking does not
have Federalism implications
warranting the application of E.O.
13132.
E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O.
12372 regarding intergovernmental
consultation on Federal programs and
activities do not apply to this rule.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175 titled, ‘‘Consultation and
Coordination with Indian Tribal
Governments,’’ because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
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Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3501 et seq.),
Federal agencies must obtain approval
from the Office of Management and
Budget (OMB) for each collection of
information they conduct, sponsor, or
require through regulations. FMCSA
determined that no new information
collection requirements are associated
with this final rule.
National Environmental Policy Act
FMCSA analyzed this final rule for
the purpose of ascertaining the
applicability of the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and determined
under our Environmental Procedures
Order 5610.1, issued March 1, 2004 (69
FR 9680), that this action would not
have any effect on the quality of the
environment. In addition, this final rule
is categorically excluded from further
analysis and documentation under the
Categorical Exclusion (CE) in paragraph
6(b) of Appendix 2 of FMCSA Order
5610.1. This CE addresses minor
editorial corrections such as found in
this rulemaking; therefore preparation of
an environmental assessment or
environmental impact statement is not
necessary.
The FMCSA also analyzed this rule
under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 42
U.S.C. 7506(c)), and implementing
regulations promulgated by the
Environmental Protection Agency.
Approval of this action is exempt from
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the CAA’s general conformity
requirement since it does not affect
direct or indirect emissions of criteria
pollutants.
E.O. 12898 (Environmental Justice)
This technical amendment final rule
is not subject to Executive Order 12898
(59 FR 7629, February 16, 1994).
Executive Order 12898 establishes
Federal executive policy on
environmental justice. Its main
provision directs Federal agencies, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
FMCSA determined that this rule will
not have disproportionately high and
adverse human health or environmental
effects on minority or low-income
populations because it does not change
the substance of any of the FMCSRs.
E.O. 13211 (Energy Effects)
FMCSA has analyzed this rule under
Executive Order 13211 titled, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.’’ The Agency has
determined that it is not a ‘‘significant
energy action’’ under that Executive
Order because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 and is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Therefore,
no Statement of Energy Effects is
required.
E.O. 13045 (Protection of Children)
Executive Order 13045 titled,
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, Apr. 23, 1997),
requires agencies issuing ‘‘economically
significant’’ rules, if the regulation also
concerns an environmental health or
safety risk that an agency has reason to
believe may disproportionately affect
children, to include an evaluation of the
regulation’s environmental health and
safety effects on children. As discussed
previously, this rule is not economically
significant. Therefore, no analysis of the
impacts on children is required.
E.O. 12988 (Civil Justice Reform)
This action meets applicable
standards in sections 3(a) and 3(b)(2) of
E.O. 12988 titled, ‘‘Civil Justice
Reform,’’ to minimize litigation,
eliminate ambiguity, and reduce
burden.
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E.O. 12630 (Taking of Private Property)
This rule will not effect a taking of
private property or otherwise have
taking implications under E.O. 12630
titled, ‘‘Governmental Actions and
Interference with Constitutionally
Protected Property Rights.’’
National Technology Transfer and
Advancement Act
The National Technology Transfer
and Advancement Act (15 U.S.C. 272
note) requires Federal agencies
proposing to adopt technical standards
to consider whether voluntary
consensus standards are available. If the
Agency chooses to adopt its own
standards in place of existing voluntary
consensus standards, it must explain its
decision in a separate statement to
OMB. Because FMCSA does not intend
to adopt technical standards, there is no
need to submit a separate statement to
OMB on this matter.
Privacy Impact Assessment
Section 522(a)(5) of the
Transportation, Treasury, Independent
Agencies, and General Government
Appropriations Act, 2005 (Pub. L. 108–
447, Division H, Title I, 118 Stat. 2809
at 3268, Dec. 8, 2004) requires DOT and
certain other Federal agencies to
conduct a privacy impact assessment of
each rule that will affect the privacy of
individuals. Because this final rule will
not affect the privacy of individuals,
FMCSA did not conduct a separate
privacy impact assessment.
List of Subjects
49 CFR Part 355
Highway safety, Intergovernmental
relations, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping
requirements.
49 CFR Part 365
Administrative practice and
procedure, Brokers, Buses, Freight
forwarders, Maritime carriers, Mexico,
Motor carriers, Moving of household
goods.
49 CFR Part 369
Reporting and recordkeeping
requirements.
49 CFR Part 383
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Highway safety and motor carriers.
49 CFR Part 384
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Highway safety, Incorporation by
reference, and Motor carriers.
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49 CFR Part 385
Administrative practice and
procedure, Highway safety,
Incorporation by reference. Mexico,
Motor carriers, Motor vehicle safety,
Reporting and recordkeeping
requirements.
49 CFR Part 387
Buses, Freight, Freight forwarders,
Hazardous materials transportation,
Highway safety, Insurance,
Intergovernmental relations, Motor
carriers, Motor vehicle safety, Moving of
household goods, Penalties, Reporting
and recordkeeping requirements, Surety
bonds.
49 CFR Part 390
Highway safety, Intermodal
transportation, Motor carriers, Motor
vehicle safety, Reporting and
recordkeeping requirements.
49 CFR Part 391
Alcohol abuse, Drug abuse, Drug
testing, Highway safety, Motor carriers,
Reporting and recordkeeping
requirements, Safety, Transportation.
49 CFR Part 392
Driving of Commercial Motor
Vehicles.
Hours of Service of Drivers
The following is a high-level summary of
the hours-of-service regulations governing
property and passenger carriers. The
description below outlines only some of the
major provisions, but does not capture all the
detailed requirements. For the detailed
provisions, which include rest breaks,
sleeper berth, and records of duty status
issues, see part 395 of this subchapter.
The hours-of-service regulations prohibit
both property and passenger carriers from
allowing or requiring any driver to drive as
follows:
1. Property. More than 11 hours after 10
consecutive hours off duty within a
consecutive 14-hour duty period, and more
than 60/70 hours on duty in 7/8 consecutive
days. A driver may restart a 7/8 consecutive
day period after taking 34 or more
consecutive hours off duty, which includes
two periods from 1 a.m. to 5 a.m., home
terminal time. The restart may be used only
once per week, or 168 hours, measured from
the beginning of the previous restart.
2. Passenger. More than 10 hours after 8
consecutive hours off duty within a 15-hour
duty period, and more than 60/70 hours on
duty in 7/8 consecutive days.
*
*
*
*
*
PART 365—RULES GOVERNING
APPLICATIONS FOR OPERATING
AUTHORITY
49 CFR Part 395
3. The authority citation for part 365
continues to read as follows:
Highway safety, Motor carriers,
Reporting and recordkeeping
requirements.
Authority: 5 U.S.C. 553 and 559; 49 U.S.C.
13101, 13301, 13901–13906, 14708, 31138,
and 31144; and 49 CFR 1.87.
49 CFR Part 397
§ 365.405
■
Administrative practice and
procedure, Highway safety,
Intergovernmental relations, Motor
carriers, Parking, Radioactive materials,
Reporting and recordkeeping
requirements, Tires.
In consideration of the foregoing,
FMCSA is amending 49 CFR chapter III,
parts 355, 365, 369, 383, 384, 385, 387,
390, 391, 392, 395, and 397, as set forth
below:
PART 355—COMPATIBILITY OF STATE
LAWS AND REGULATIONS
AFFECTING INTERSTATE MOTOR
CARRIER OPERATIONS
1. The authority citation for part 355
continues to read as follows:
■
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Authority: 49 U.S.C. 504 and 31101 et seq.;
49 CFR 1.87.
2. Amend appendix A to part 355 by
revising the paragraphs titled ‘‘Hours of
Service of Drivers’’ to read as follows:
■
Appendix A to Part 355—Guidelines for
the Regulatory Review
*
*
*
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*
*
12:56 Oct 01, 2014
[Amended]
4. Amend § 365.405(a)(1) by removing
the phrase ‘‘IT Operations Division
(MC–RIO)’’ and adding in its place the
phrase ‘‘Office of Registration and
Safety Information (MC–RS)’’.
■
§ 365.411
[Amended]
5. Amend § 365.411(b) by removing
the phrase ‘‘IT Operations Division
(MC–RIO)’’ and adding in its place the
phrase ‘‘Office of Registration and
Safety Information (MC–RS)’’.
■
§ 365.413
[Amended]
6. Amend § 365.413(b) introductory
text by removing the phrase ‘‘IT
Operations Division (MC–RIO)’’ and
adding in its place the phrase ‘‘Office of
Registration and Safety Information
(MC–RS)’’.
■
PART 369—REPORTS OF MOTOR
CARRIERS
7. The authority citation for part 369
continues to read as follows:
■
Authority: 49 U.S.C. 14123; 49 CFR 1.87.
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§ 369.6
59455
[Amended]
8. Amend § 369.6 by removing the
phrase ‘‘Office of Information
Technology (MC–RI)’’ and adding in its
place the phrase ‘‘Office of Registration
and Safety Information (MC–RS)’’.
■
PART 383—COMMERCIAL DRIVER’S
LICENSE STANDARDS;
REQUIREMENTS AND PENALTIES
9. The authority citation for part 383
continues to read as follows:
■
Authority: 49 U.S.C. 521, 31136, 31301 et
seq., and 31502; secs. 214 and 215 of Pub. L.
106–159, 113 Stat. 1748, 1766, 1767; sec.
1012(b) of Pub. L. 107–56, 115 Stat. 272, 297,
sec. 4140 of Pub. L. 109–59, 119 Stat. 1144,
1746; and 49 CFR 1.87.
10. Amend § 383.5 by revising the
definitions of ‘‘Commercial motor
vehicle (CMV)’’ and ‘‘Conviction’’ to
read as follows:
■
§ 383.5
Definitions.
*
*
*
*
*
Commercial motor vehicle (CMV)
means a motor vehicle or combination
of motor vehicles used in commerce to
transport passengers or property if the
motor vehicle is a—
(1) Combination Vehicle (Group A)—
having a gross combination weight
rating or gross combination weight of
11,794 kilograms or more (26,001
pounds or more), whichever is greater,
inclusive of a towed unit(s) with a gross
vehicle weight rating or gross vehicle
weight of more than 4,536 kilograms
(10,000 pounds), whichever is greater;
or
(2) Heavy Straight Vehicle (Group
B)—having a gross vehicle weight rating
or gross vehicle weight of 11,794 or
more kilograms (26,001 pounds or
more), whichever is greater; or
(3) Small Vehicle (Group C)—(i) that
does not meet Group A or B
requirements;
(ii) Is designed to transport 16 or more
passengers, including the driver; or
(iii) Is of any size and is used in the
transportation of hazardous materials as
defined in this section.
*
*
*
*
*
Conviction means an unvacated
adjudication of guilt, or a determination
that a person has violated or failed to
comply with the law in a court of
original jurisdiction or by an authorized
administrative tribunal, an unvacated
forfeiture of bail or collateral deposited
to secure the person’s appearance in
court, a plea of guilty or nolo
contendere accepted by the court, the
payment of a fine or court cost, or
violation of a condition of release
without bail, regardless of whether or
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not the penalty is rebated, suspended, or
prorated.
*
*
*
*
*
■ 11. Amend § 383.73 by revising
paragraphs (n)(1) and (o)(4)(i)
introductory text to read as follows:
§ 383.73
State procedures.
*
*
*
*
*
(n) * * *
(1) Prevent the issuance of an initial,
renewed or upgraded CLP or an initial,
renewed, upgraded, or transferred CDL
when the results of transactions indicate
the applicant is unqualified. These
controls, at a minimum, must be
established for the following
transactions: State, CDLIS, and PDPS
driver record checks; and Social
Security Number verification.
Knowledge and skills test scores
verification controls must be established
for an initial, renewed, or upgraded
CDL.
*
*
*
*
*
(o) * * *
(4) * * * (i) Beginning January 30,
2012, if a driver’s medical certification
or medical variance expires, or FMCSA
notifies the State that a medical
examiner’s certificate is voided or
rescinded or a medical variance was
removed or rescinded, the State must:
*
*
*
*
*
PART 384—STATE COMPLIANCE
WITH COMMERCIAL DRIVER’S
LICENSE PROGRAM
12. The authority citation for part 384
continues to read as follows:
■
Authority: 49 U.S.C. 31136, 31301, et seq.,
and 31502; secs. 103 and 215 of Pub. L. 106–
59, 113 Stat. 1753, 1767; and 49 CFR 1.87.
13. Revise § 384.107 to read as
follows:
■
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Jkt 235001
§ 384.206
State record checks.
(a) * * *
(1) Before issuing, renewing, or
upgrading a CLP or issuing, renewing,
upgrading or transferring CDL to any
person, the driver’s State of record must,
within the period of time specified in
§ 384.232, check its own driver records
as follows:
*
*
*
*
*
[Amended]
15. Amend § 384.209(b)(2) by adding
the phrase ‘‘from a foreign country’’
after the phrase ‘‘a person’’ and before
the phrase ‘‘who is unlicensed.’’
■
(a) Incorporation by reference. This
part includes references to certain
matter or materials. The text of the
materials is not included in the
regulations contained in this part. The
materials are hereby made a part of the
regulations in this part. The Director of
the Office of the Federal Register has
approved the materials incorporated by
reference in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. For materials
subject to change, only the specific
version approved by the Director of the
Office of the Federal Register and
specified in the regulation are
incorporated. Material is incorporated
as it exists on the date of the approval
and a notice of any change in these
materials will be published in the
12:56 Oct 01, 2014
14. Amend § 384.206 by revising (a)(1)
introductory text to read as follows:
■
§ 384.209
§ 384.107 Matter incorporated by
reference.
VerDate Sep<11>2014
Federal Register. All of the materials
incorporated by reference are available
from the sources listed below and
available for inspection at the
Department of Transportation Library,
1200 New Jersey Ave. SE., Washington,
DC 20590–0001; telephone is (202) 366–
0746. These documents are also
available for inspection and copying as
provided in 49 CFR part 7. They are also
available for inspection at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
(b) The American Association of
Motor Vehicle Administrators
(AAMVA), 4301 Wilson Boulevard,
Suite 400, Arlington, VA 22203, (703)
522–1300, https://www.aamva.org.
(1) ‘‘Commercial Driver’s License
Information System (CDLIS) State
Procedures Manual,’’ Release 5.3.2.1,
August 2013, incorporation by reference
approved for §§ 384.225(f) and
384.231(d).
(2) [Reserved]
16. Revise § 384.212(b) to read as
follows:
■
§ 384.212
Domicile requirement.
*
*
*
*
*
(b) The State must require any person
holding a CDL issued by another State
to apply for a transfer CDL from the
State within 30 days after establishing
domicile in the State, as specified in
§ 383.71(c) of this subchapter.
■ 17. Amend § 384.225 by revising
paragraph (e) introductory text and
paragraph (f) to read as follows:
§ 384.225
CDLIS driver recordkeeping.
*
*
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*
Frm 00034
*
Fmt 4700
*
Sfmt 4700
(e) Only allow the following users or
their authorized agents to receive the
designated information:
*
*
*
*
*
(f) Ensure the content of the report
provided a user authorized by paragraph
(e) of this section from the CDLIS driver
record is comparable to the report that
would be generated by a CDLIS State-toState request for a CDLIS driver history,
as defined in the ‘‘CDLIS State
Procedures Manual’’ (incorporated by
reference, see § 384.107(b)), and must
include the medical certification status
information of the driver in paragraph
(a)(2) of this section. This does not
preclude authorized users from
requesting a CDLIS driver status.
■ 18. Amend § 384.228 by adding
paragraph (h)(3) and revising paragraph
(j) to read as follows:
§ 384.228
checks.
Examiner training and record
*
*
*
*
*
(h) * * *
(3) Criteria for not passing the
criminal background check must
include at least the following: (i) Any
felony conviction within the last 10
years; or (ii) Any conviction involving
fraudulent activities.
(j) Rescind the certification to
administer CDL tests of all test
examiners who do not successfully
complete the required refresher training
every 4 years.
*
*
*
*
*
■ 19. Revise § 384.229(b) to read as
follows:
§ 384.229 Skills test examiner auditing and
monitoring.
*
*
*
*
*
(b) At least once every 2 years,
conduct covert and overt monitoring of
examinations performed by State and
third party CDL skills test examiners.
*
*
*
*
*
§ 384.305
[Amended]
20. Amend § 384.305 by removing the
phrase ‘‘(Approved by the Office of
Management and Budget under control
number 2125–0542)’’ at the end of the
section.
■
PART 385—SAFETY FITNESS
PROCEDURES
21. 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 1.87.
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§ 385.308
[Amended]
b. Add a definition for ‘‘Crash’’ in
alphabetical order.
PART 395—HOURS OF SERVICE OF
DRIVERS
§ 390.5
■
■
22. Amend § 385.308(a)(1) by adding
the word ‘‘motor’’ after the word
‘‘commercial’’ and before the word
‘‘vehicle.’’
■
Appendix B to Part 385 [Amended]
23. In Appendix B to Part 385, section
VII, List of Acute and Critical
Regulations, remove the entry for
§ 397.101(d), which reads ‘‘Requiring or
permitting the operation of a motor
vehicle containing highway routecontrolled quantity, as defined in
§ 173.403, of radioactive materials that
is not accompanied by a written route
plan.’’
■
Definitions.
*
*
*
*
*
Crash—See accident.
*
*
*
*
*
■ 29. Revise § 390.19(d) to read as
follows:
§ 390.19 Motor carrier, hazardous material
shipper, and intermodal equipment provider
identification reports.
Authority: 49 U.S.C. 13101, 13301, 13906,
14701, 31138, 31139, and 31144; and 49 CFR
1.87.
*
*
*
*
(d) Where to file. The required form
under paragraph (a) of this section must
be filed with the FMCSA Office of
Registration and Safety Information. The
form may be filed electronically
according to the instructions at the
Agency’s Web site, or it may be sent to
Federal Motor Carrier Safety
Administration, Office of Registration
and Safety Information (MC–RS), 1200
New Jersey Avenue SE., Washington,
DC 20590.
*
*
*
*
*
§ 387.15
§ 390.40
PART 387—MINIMUM LEVELS OF
FINANCIAL RESPONSIBILITY FOR
MOTOR CARRIERS
24. The authority citation for part 387
continues to read as follows:
■
[Amended]
25. Amend § 387.15 as follows:
a. Remove the designation ‘‘OMB No.
2125–0074’’ under the center heading
‘‘Illustration I’’ and following the phrase
‘‘Form Approved.’’
■ b. Remove the phrase ‘‘(Form
approved by Office of Management and
Budget under control no. 2125–0075)’’
under the center heading ‘‘Illustration
II’’ and following the phrase ‘‘Form
MCS–82 (4/83).’’
■
■
§ 387.39
[Amended]
26. Amend § 387.39 by removing the
phrase ‘‘(Approved by the Office of
Management and Budget under control
number 2125–0518)’’ at the end of the
section.
■
27. The authority citation for part 390
is revised to read as follows:
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Authority: 49 U.S.C. 504, 508, 31132,
31133, 31136, 31144, 31151, 31502; sec. 114,
Pub. L. 103–311, 108 Stat. 1673, 1677–1678;
sec. 212, 217, 229, Pub. L. 106–159, 113 Stat.
1748, 1766, 1767; sec. 229, Pub. L. 106–159
(as transferred by sec. 4114 and amended by
secs. 4130–4132, Pub. L. 109–59, 119 Stat.
1144, 1726, 1743–1744); sec. 4136, Pub. L.
109–59, 119 Stat. 114, 1745; sections
32101(d) and 32934, Pub. L. 112–141, 126
Stat. 405, 778, 830; and 49 CFR 1.87.
28. Amend § 390.5 as follows:
a. In the definition of ‘‘Conviction’’
remove the word ‘‘probated’’ and add in
its place the word ‘‘prorated.’’
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12:56 Oct 01, 2014
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[Amended]
30. Amend § 390.40(j) by removing
the reference ‘‘§ 386.72(b)(1)’’ and
adding in its place ‘‘§ 386.72(b)(3)’’.
■
35. The authority citation for part 395
continues to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136,
31137, and 31502; sec. 113, Pub. L. 103–311,
108 Stat. 1673, 1676; sec. 229, Pub. L. 106–
159 (as transferred by sec. 4115 and amended
by secs. 4130–4132, Pub. L. 109–59, 119 Stat.
1144, 1726, 1743, 1744); sec. 4133, Pub. L.
109–59, 119 Stat. 1144, 1744; sec. 108, Pub.
L. 110–432, 122 Stat. 4860–4866; sec. 32934,
Pub. L. 112–141, 126 Stat. 405, 830; and 49
CFR 1.87.
§ 395.8
[Amended]
36. Amend § 395.8 by removing the
phrase ‘‘(Approved by the Office of
Management and Budget under control
number 2125–0016)’’ at the end of the
section.
■
PART 397—TRANSPORTATION OF
HAZARDOUS MATERIALS; DRIVING
AND PARKING RULES
37. The authority citation for part 397
continues to read as follows:
■
Authority: 49 U.S.C. 322; 49 CFR 1.87.
Subpart A also issued under 49 U.S.C. 5103,
31136, 31502, and 49 CFR 1.97. Subparts C,
D, and E also issued under 49 U.S.C. 5112,
5125.
PART 391—QUALIFICATIONS OF
DRIVERS AND LONGER
COMBINATION VEHICLE (LCV)
DRIVER INSTRUCTORS
■
31. The authority citation for part 391
continues to read as follows:
*
■
Authority: 49 U.S.C. 504, 508, 31133,
31136, and 31502; sec. 4007(b) of Pub. L.
102–240, 105 Stat. 1914, 2152; sec. 114 of
Pub. L. 103–311, 108 Stat. 1673, 1677; sec.
215 of Pub. L. 106–159, 113 Stat. 1748, 1767;
sec. 32934 of Pub. L. 112–141, 126 Stat. 405,
830; and 49 CFR 1.87.
[Amended]
32. Amend § 391.63 by removing the
phrase ‘‘(Approved by the Office of
Management and Budget under control
number 2125–0081)’’.
■
■
■
■
*
§ 391.63
PART 390—FEDERAL MOTOR
CARRIER SAFETY REGULATIONS;
GENERAL
59457
PART 392—DRIVING OF COMMERCIAL
MOTOR VEHICLES
33. The authority citation for part 392
continues to read as follows:
■
Authority: 49 U.S.C. 504, 13902, 31136,
31151, 31502; Section 112 of Pub. L. 103–
311, 108 Stat. 1673, 1676 (1994), as amended
by sec. 32509 of Pub. L. 112–141, 126 Stat.
405, 805 (2012); and 49 CFR 1.87.
§ 392.5
[Amended]
34. Amend § 392.5(a)(3) introductory
text by removing the word ‘‘and’’ and
adding in its place the word ‘‘or.’’
■
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
38. Amend § 397.69 by revising
paragraphs (b) and (c) to read as follows:
§ 397.69 Highway routing designations;
preemption.
*
*
*
*
(b) Except as provided in §§ 397.75
and 397.219, an NRHM route
designation made in violation of
paragraph (a) of this section is
preempted pursuant to 49 U.S.C.
5125(c).
(c) A highway routing designation
established by a State, political
subdivision, or Indian tribe before
November 14, 1994 is subject to
preemption in accordance with the
preemption standards in paragraphs
(a)(1) and (a)(2) of § 397.203.
*
*
*
*
*
■ 39. Revise § 397.73 to read as follows:
§ 397.73 Public information and reporting
requirements.
(a) Public information. Information on
NRHM routing designations must be
made available by the States and Indian
tribes to the public in the form of maps,
lists, road signs or some combination
thereof. If road signs are used, those
signs and their placements must comply
with the provisions of the Manual on
Uniform Traffic Control Devices for
Streets and Highways, published by the
Federal Highway Administration
E:\FR\FM\02OCR1.SGM
02OCR1
59458
Federal Register / Vol. 79, No. 191 / Thursday, October 2, 2014 / Rules and Regulations
rmajette on DSK2VPTVN1PROD with RULES
(FHWA), particularly the Hazardous
Cargo signs identified as R14–2 and
R14–3 shown in Section 2B–62 of that
Manual. This publication may be
accessed free of charge on the Internet
at https://mutcd.fhwa.dot.gov/.
(b) Reporting and publishing
requirements. Each State or Indian tribe,
through its routing agency, shall provide
information identifying all NRHM
routing designations that exist within its
jurisdiction to the Federal Motor Carrier
Safety Administration, Office of
Enforcement and Compliance (MC–EC),
1200 New Jersey Ave. SE., Washington,
DC 20590–0001. States shall also submit
to FMCSA the current name of the State
agency responsible for NHRM highway
routing designations. The State or
VerDate Sep<11>2014
12:56 Oct 01, 2014
Jkt 235001
Indian tribe shall include descriptions
of these routing designations, along with
the dates they were established. This
information may also be published in
each State’s official register of State
regulations. Information on any
subsequent changes or new NRHM
routing designations shall be furnished
within 60 days after establishment to
the FMCSA. This information will be
available from the FMCSA, consolidated
by the FMCSA, and published annually
in whole or as updates in the Federal
Register. Each State may also publish
this information in its official register of
State regulations.
(c) A State or Tribally-designated
route is effective only after it is
published in the Federal Register in
PO 00000
Frm 00036
Fmt 4700
Sfmt 9990
FMCSA’s Hazardous Materials Route
Registry.
■ 40. Amend § 397.103 by adding a new
paragraph (c)(3) to read as follows:
§ 397.103 Requirements for State routing
designations.
*
*
*
*
*
(c) * * *
(3) The route is published in
FMCSA’s Hazardous Materials Route
Registry.
*
*
*
*
*
Issued under authority delegated in 49 CFR
1.87 on: September 23, 2014.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2014–23433 Filed 10–1–14; 8:45 am]
BILLING CODE 4910–EX–P
E:\FR\FM\02OCR1.SGM
02OCR1
]]>Agencies
[Federal Register Volume 79, Number 191 (Thursday, October 2, 2014)]
[Rules and Regulations]
[Pages 59450-59458]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23433]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 355, 365, 369, 383, 384, 385, 387, 390, 391, 392, 395,
and 397
[Docket No. FMCSA-2014-0262]
RIN 2126-AB76
General Technical, Organizational, and Conforming Amendments to
the Federal Motor Carrier Safety Regulations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: FMCSA amends its regulations by making technical corrections
throughout title 49 of the Code of Federal Regulations (CFR), subtitle
B, chapter III. The Agency is making minor changes to correct errors
and omissions, ensure conformity with Office of the Federal Register
style guidelines, update references, and improve clarity and
consistency of certain regulatory provisions. This rule does not make
any substantive changes to the affected regulations.
DATES: Effective October 2, 2014. The incorporation by reference of
certain publications listed in the rule is approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51 as of October 2, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. Alan Strasser, Federal Motor
Carrier Safety Administration, Office of the Chief Counsel, Regulatory
Affairs Division, 1200 New Jersey Avenue SE., Washington, DC 20590-
0001, by telephone at (202) 366-0286 or via email at
alan.strasser@dot.gov. Office hours are from 8:00 a.m. to 5:30 p.m.
e.t., Monday through Friday, except Federal holidays.
If you have questions on viewing the docket, please call Ms. Cheryl
Collins, Program Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Legal Basis for the Rulemaking
Congress delegated certain powers to regulate interstate commerce
to the United States Department of Transportation (DOT or Department)
in numerous pieces of legislation, most notably in section 6 of the
Department of Transportation Act (DOT Act) (Pub. L. 85-670, 80 Stat.
931 (1966)). Section 55 of the DOT Act transferred to the Department
the authority of the former Interstate Commerce Commission (ICC)
[[Page 59451]]
to regulate the qualifications and maximum hours-of-service of
employees, the safety of operations, and the equipment of motor
carriers in interstate commerce. See 49 U.S.C. 104. This authority,
first granted to the ICC in the Motor Carrier Act of 1935 (Pub. L. 74-
255, 49 Stat. 543, Aug. 9, 1935), now appears in chapter 315 of title
49 of the U.S. Code. The regulations issued under this authority became
known as the Federal Motor Carrier Safety Regulations, appearing
generally at 49 CFR parts 350-399. The administrative powers to enforce
chapter 315 were also transferred from the ICC to the DOT in 1966 and
appear in chapter 5 of title 49 of the U.S. Code. The Secretary of the
U.S. DOT (Secretary) delegated oversight of these provisions to the
Federal Highway Administration (FHWA), a predecessor agency of the
FMCSA. The FMCSA Administrator has been delegated authority under 49
CFR 1.87 to carry out the motor carrier functions vested in the
Secretary.
Between 1984 and 1999, a number of statutes added to FHWA's
authority. Various statutes authorize the enforcement of the FMCSRs,
the Hazardous Materials Regulations (HMRs), and the Commercial
Regulations, and provide both civil and criminal penalties for
violations of these requirements. These statutes include the Motor
Carrier Safety Act of 1984 (Pub. L. 98-554, 98 Stat. 2832, Oct. 30,
1984), codified at 49 U.S.C. chapter 311, subchapter III; the
Commercial Motor Vehicle Safety Act of 1986 (Pub. L. 99-570, 100 Stat.
3207-170, Oct. 27, 1986), codified at 49 U.S.C. chapter 313; the
Hazardous Materials Transportation Uniform Safety Act of 1990, as
amended (Pub. L. 101-615, 104 Stat. 3244, Nov. 16, 1990), codified at
49 U.S.C. chapter 51; and the ICC Termination Act of 1995 (Pub. L. 104-
88, 109 Stat. 803, Dec. 29, 1995), codified at 49 U.S.C. chapters 131-
149.
The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L.
106-159, 113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new
operating administration within the DOT, effective January 1, 2000. The
motor carrier safety responsibilities previously assigned to both the
ICC and the FHWA are now assigned to FMCSA. Congress expanded,
modified, and amended FMCSA's authority in the Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 (Pub. L.
107-56, 115 Stat. 272, Oct. 26, 2001), the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
(Pub. L. 109-59, 119 Stat. 1144, Aug. 10, 2005), the SAFETEA-LU
Technical Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572,
June 6, 2008), and the Moving Ahead for Progress in the 21st Century
Act (MAP-21) (Pub. L. 112-141, 126 Stat. 405, July 6, 2012).
The provisions of the FMCSRs amended by this rule are based on the
statutes detailed above. The legal authority for each of those
provisions was explained when the requirement was originally adopted
and is noted at the beginning of each part in title 49 of the CFR.
Title 49 CFR subtitle B, chapter III, contains all of the FMCSRs.
The Administrative Procedure Act (APA) (5 U.S.C. 551-706)
specifically provides exceptions to its notice and public comment
rulemaking procedures where the Agency finds there is good cause (and
incorporates the finding and a brief statement of reasons therefore in
the rules issued) to dispense with them. Generally, good cause exists
where the Agency determines that notice and public procedures are
impractical, unnecessary, or contrary to the public interest (5 U.S.C.
553(b)). The amendments made in this final rule merely correct
inadvertent errors and omissions, remove or update obsolete references,
and make minor changes to improve clarity and consistency. The
technical amendments do not impose any new requirements, nor do they
make any substantive changes to the CFR. For these reasons, the FMCSA
finds good cause that notice and public comment on this final rule is
unnecessary; thus this rule will be effective on the date of
publication in the Federal Register.
Background
This document makes editorial changes to correct inaccurate
references and citations, improve clarity, and fix errors. The reasons
for each of these minor revisions are set out below, in a section-by-
section description of the changes. These amendments do not impose any
new requirements, nor do they make substantive changes to the CFR.
Section-by-Section Analysis
This section-by-section analysis describes the technical amendment
provisions in numerical order.
Part 355
Appendix A to Part 355. Under the section for ``Regulatory
Review,'' the paragraph titled ``Hours of Service of Drivers'' is
revised to account for the final rules of December 27, 2011 (76 FR
81134) and October 28, 2013 (78 FR 64179). In addition, new text
summarizing requirements for passenger carriers is added.
Part 365
Section 365.405. In paragraph (a)(1), the name of the office that
receives filings of Form OP-FC-1 is changed from the former name ``IT
Operations Division (MC-RIO)'' to ``Office of Registration and Safety
Information (MC-RS).''
Section 365.411. In paragraph (b), the name of the office that
receives filings of protests and petitions for reconsideration is
changed from the former ``IT Operations Division (MC-RIO)'' to ``Office
of Registration and Safety Information (MC-RS).''
Section 365.413. In paragraph (b), the name of the office that
receives filings of protests and petitions for reconsideration is
changed from the former ``IT Operations Division (MC-RIO)'' to ``Office
of Registration and Safety Information (MC-RS).''
Part 369
Section 369.6. The phrase ``Office of Information Technology'' (MC-
RI) is removed and replaced with the phrase ``Office of Registration
and Safety Information (MC-RS)'' to reflect the proper name of the
office with such responsibilities.
Part 383
Section 383.3. The Interpretative rule referenced in Question 18
and responsive Guidance to Sec. 383.3 is removed. Question 18 was
published April 4, 1997 (65 FR 16394). FMCSA rescinds that
interpretation and motor carriers should no longer rely on that
guidance since it was made obsolete by the Hazardous Materials
Transportation Uniform Safety Act of 1990 Sec. 4, (Pub. L. 101-615,
Nov. 16, 1990), which granted the Pipeline and Hazardous Materials
Safety Administration jurisdiction over intrastate hazardous materials.
The Hazardous Materials Regulations (HMRs) apply to the transport of
hazardous materials requiring placarding, regardless of the type of
vehicle utilized. Also note that this deletion ensures internal
consistency with related guidance. Specifically, guidance to Sec.
383.97, Question 7, clarifies that all drivers of vehicles required to
be placarded need to have a Commercial Driver's License (CDL) with an
HM endorsement.
Section 383.5. First, under the definition for ``Conviction,'' the
word ``probated'' is removed and replaced with the word ``prorated'' to
correct an error. Second, the definition of commercial motor vehicle is
amended to add the names of the three vehicle
[[Page 59452]]
groups listed in 49 CFR 383.91(a): Combination Vehicle (Group A), Heavy
Straight Vehicle (Group B), and those vehicles that meet neither the
Group A nor Group B requirements (Group C). This amendment does not
change the applicability of the commercial driver's license (CDL)
requirements in any way, but provides a practical means for the reader
to understand how the four individual components of the definition in
Sec. 383.5 align with the three vehicle groups listed in Sec. 383.91.
As such, the amended definition provides a valuable reference tool for
CDL applicants and holders, employers, and motor carrier enforcement
personnel by eliminating the need to reference multiple sections within
part 383.
Section 383.73. The March 25, 2013 CDL Testing and CLP Standards
final rule (78 FR 17875) made revisions to several provisions of parts
383 and 384 to include a prohibition on the transfer of Commercial
Learner's Permits (CLPs) as provided in the Commercial Driver's License
Information System (CDLIS) State Procedures Manual incorporated by
reference in 49 CFR 384.107. The March 2013 final rule inadvertently
omitted from paragraph (n)(1) conforming changes to reflect the CLP
transfer prohibition. To correct this omission, first, in paragraph
(n)(1), the phrase ``or upgraded CLP, or an initial, renewed'' is added
after the word ``renewed.'' Also, after the first instance of the word
``upgraded'' the phrase ``or transferred CLP or'' is removed. The other
change in paragraph (n)(1) concerns knowledge and skills test scores
verification before a transferred CDL is issued. Verification of test
scores is not needed when a CDL is transferred to another State because
the scores were previously verified when the CDL was initially issued
in the former State of record. This change is consistent with the
requirements in Sec. Sec. 383.135(c) and 384.225 that exclude the test
scores from being part of the CDLIS driver record (as defined by 49 CFR
383.5) that is required to be sent to the new State of record upon
transfer of a CDL. Therefore, States cannot and need not enforce the
knowledge and skills test scores verification requirements for a CDL
transferred to a new State of record under Sec. 383.73(n)(1). This
amendment addresses this issue by removing the requirement to verify
knowledge and skills test scores when a CDL is transferred to a new
State of record.
In paragraph (o)(4), after the third instance of the word
``medical'' the following phrase is added: ``examiner's certificate is
voided or rescinded or a medical.'' This clarifies statutory authority
granted to FMCSA under 49 U.S.C. section 31149(c)(2) for FMCSA to void
a medical examiner's certificate for a CLP or CDL under certain
circumstances.
Part 384
Section 384.107. The entire section was revised according to the
incorporation by reference drafting requirements of the Office of the
Federal Register. In paragraph (b), the incorporation by reference of
the AAMVA ``Commercial Driver's License Information System (CDLIS)
State Procedures Manual,'' Release 5.2.0, February 2011, is replaced by
the updated version, Commercial Driver's License Information System
(CDLIS) State Procedures Manual,'' Release 5.3.2.1, August 2013. This
change reflects a routine update of the referenced manual to include
clarifications of procedures related to the medical examiner's
certification as part of the CDL, modification of procedures to reflect
the Federal requirements in the CDL Testing and CLP Standards final
rule and the renumbering of sections and cross-references. Paragraph
(c) is deleted to address the incorporation by reference drafting
requirements of the Office of the Federal Register. The scope of the
incorporation by reference is otherwise unchanged.
Section 384.206. Paragraph (a)(1) is amended by clarifying that
CLPs cannot be transferred from one State to another State. The March
25, 2013 CDL Testing and CLP standards final rule made revisions to
several sections of 49 CFR parts 383 and 384 to include a prohibition
on the transfer of CLPs, but conforming changes to this section were
mistakenly omitted. This amendment addresses this omission.
Section 384.209. Paragraph (b)(2) is amended by adding the phrase
``from a foreign country'' after the phrase ``a person'' to implement
MAP-21 section 32203(b) requiring reporting of convictions of a foreign
commercial driver to the Federal Convictions and Withdrawal Database.
The current language could be seen as applying to all commercial
drivers from the United States, but that contradicts the plain language
of the statute limiting application to a foreign commercial driver.
Section 384.212. In paragraph (b), the phrase ``CLP or,''
inadvertently appears twice. The March 25, 2013 CDL Testing and CLP
Standards final rule made revisions to several sections of 49 CFR parts
383 and 384 to include a prohibition on the transfer of CLPs, but
mistakenly omitted conforming changes to this section. This amendment
addresses that omission.
Section 384.225. Paragraph (e) is amended to ensure the language
properly correlates with the section's lead in language ``the state
must,'' and, thus, is grammatically correct. The word ``allow'' is
inserted and the word ``may'' is replaced by the word ``to'' for
clarity.
Paragraph (f) is amended by changing ``The'' to ``Ensure the'' at
the beginning of the paragraph for grammatical precision. Also, the
phrase regarding the National Law Enforcement Telecommunications System
(NLETS) is removed, since NLETS is not maintaining the CDLIS system,
but only has the ability to access CDLIS data.
Section 384.228. Paragraph (j)(2) is moved to paragraph (h)(3).
Movement of this text reflects new requirements placed in paragraph
(h)(1) as part of the March 25, 2013 CDL Testing and CLP Standards
final rule (78 FR 17875), which changed background checks from an
annual requirement to a one-time event. This is a conforming amendment
to retain existing requirements for such background checks and to place
such requirements in the appropriate place within Sec. 384.228.
Section 384.229. Paragraph (b) is amended by deleting the sentence
beginning after ``examiners,'' which reads: ``For third party testers
and examiners who were granted the training and skills testing
exception under Sec. 383.75(a)(7), the covert and overt monitoring
must be performed at least once every year;.'' The March 25, 2013 CDL
Testing and CLP Standards final rule (78 FR 17875) removed the
exception under Sec. 383.75(a)(7) referenced in Sec. 384.229. This is
a conforming amendment to clarify that the exception was deleted.
Section 384.305. In the final untitled paragraph, the phrase
``Approved by the Office of Management and Budget under control number
2125-0542'' is deleted for clarity. The reference to a specific OMB
information collection is outdated and confusing in the context of the
State certification requirements.
Part 385
Section 385.308. Paragraph (a)(1) is corrected by adding the word
``motor'' after ``commercial'' and before ``vehicle'' to provide the
proper term ``commercial motor vehicle,'' as utilized in part 385 and
defined in Sec. 385.3.
Section VII of Part 385, Appendix B. In the ``List of Acute and
Critical Regulations'' the following paragraph regarding Sec.
397.101(d) is deleted: ``Requiring or permitting the operation of a
motor vehicle containing highway route-controlled quantity, as defined
in
[[Page 59453]]
Sec. 173.403, of radioactive materials that is not accompanied by a
written route plan.'' This provision was mistakenly added to part 385,
Appendix B and will therefore be deleted.
Part 387
Section 387.15. The references to OMB numbers 2125-0074 and 2125-
0075 are deleted for clarity in Illustrations I and II respectively.
Such references to specific OMB information collection approvals are
outdated, confusing, and superfluous in the context of the rules'
sample illustrations of insurance and surety bond forms.
Section 387.39. The reference to OMB approval under control number
2125-0518 is deleted for clarity. This reference to a specific OMB
information collection approval is outdated, confusing, and superfluous
in the context of the rules' sample illustration of a motor carrier
public liability surety bond.
Part 390
Section 390.5. First, under the definition of ``Conviction,'' the
word ``probated'' is removed and replaced with the word ``prorated'' to
correct an error. Second, a definition of ``Crash'' that cross-
references the existing definition of ``Accident'' in 49 CFR 390.5 is
added to clarify that these terms are synonymous.
Section 390.19. In paragraph (d), the name of the office to file
forms MCS-150, MCS-150B and MCS-150C is changed in the first sentence
from ``Office of Information Management'' to ``Office of Registration
and Safety Information.'' Also, in the first sentence after the word
``with'' the word ``the'' is inserted to correct the grammar. In the
second sentence, the office to file forms with is changed from ``Office
of Information Management, MC-RIO'' to ``Office of Registration and
Safety Information (MC-RS).''
Section 390.40. The cross-reference to Sec. 386.72(b)(1) in
paragraph (j) is an error and is replaced with the correct cross-
reference to section 386.72(b)(3).
Part 391
Section 391.63. The reference to approval under OMB control number
2125-0081 is deleted for clarity. This reference to a specific OMB
information collection approval is outdated, confusing, and superfluous
in the context of the rules' description of the obligations for motor
carriers employing multiple-employer drivers.
Part 392
Section 392.5. In paragraph (a)(3), the word ``and'' is changed to
``or'' to correct an error.
Part 395
Section 395.8. The reference to OMB approval under control number
2125-0016 is deleted for clarity. This reference to a specific OMB
information collection approval is outdated, confusing, and superfluous
in the context of the rule's sample illustration of regulations, which
generally outline drivers' record of duty status obligations and
provide a sample duty status graph grid.
Part 397
Section 397.69. Paragraph (b) is amended to reflect statutory
changes under section 33013(b) of MAP-21, which amended 49 U.S.C.
5125(c)(1) to require publication of highway route designations in the
Department's hazardous materials route registry under 49 U.S.C.
5112(c). The citation to section 105(b)(4) of the Hazardous Materials
Transportation Act is deleted since it is now obsolete. Language
regarding an effective date of November 14, 1996, is also deleted since
it is also obsolete.
In paragraph (c), the phrase ``of this subpart'' is amended to read
``of this part'' to correct an inaccurate reference.
Section 397.73. In paragraph (a), footnote 2 is deleted and
replaced by an internet link for convenience. Also, the reference to
FMCSA is replaced by the ``Federal Highway Administration (FHWA),''
since that latter agency is the correct publisher of the ``Manual on
Uniform Traffic Control Devices for Streets and Highways.''
In paragraph (b), additional text is added since section 33013(a)
of MAP-21 amended 49 U.S.C. section 5112(c) to add State reporting
requirements, which include the name of the responsible agency for
hazmat materials highway route designations. In addition, the phrase
``regarding designations existing on November 14, 1994'' is deleted as
obsolete. Also, based on a new requirement from section 33013(b) of
MAP- 21, a State or Tribally-designated route is effective only after
it is published in FMCSA's Hazardous Materials Route Registry. This
requirement is added as new paragraph (c).
The reference to OMB approval under control number 2125-0554 at the
end of the section is deleted for clarity. Such a reference to a
specific OMB information collection approval is outdated, confusing,
and superfluous in the context of the rule's public information and
reporting requirements.
Section 397.103. Based on a new publication requirement from
section 33013(b) of MAP-21, the following sentence will be added as a
new paragraph (c)(3) to clarify when a new routing designation is
effective for radioactive materials: ``The route is published in
FMCSA's Hazardous Materials Route Registry.''
Rulemaking Analyses
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
FMCSA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866, as
supplemented by Executive Order 13563 (76 FR 3821, January 18, 2011),
or within the meaning of the DOT regulatory policies and procedures (44
FR 1103, February 26, 1979). Thus, 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 of 1980 (5 U.S.C.
601-612), FMCSA has evaluated the effects of this rule on small
entities. Because the rule makes only minor editorial 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
The final rule will not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et
seq.), that will result in the expenditure by State, local and tribal
governments, in the aggregate, or by the private sector, of $141.9
million (which is the value of $100 million in 2010 after adjusting for
inflation) or more in any 1 year.
E.O. 13132 (Federalism)
A rule has implications for Federalism under section 1(a) of
Executive Order 13132 if it has ``substantial direct effects on the
States, on the relationship between national government and the States,
or on the distribution of power and responsibilities among various
levels of government.'' FMCSA has determined that this rule will not
have substantial direct effects on States, nor will it limit the
policymaking discretion of States. Nothing in this document preempts or
[[Page 59454]]
modifies any provision of State law or regulation, imposes substantial
direct unreimbursed compliance costs on any State, or diminishes the
power of any State to enforce its own laws. Accordingly, this
rulemaking does not have Federalism implications warranting the
application of E.O. 13132.
E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
rule.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175 titled, ``Consultation and Coordination with Indian Tribal
Governments,'' because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. FMCSA determined that
no new information collection requirements are associated with this
final rule.
National Environmental Policy Act
FMCSA analyzed this final rule for the purpose of ascertaining the
applicability of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and determined under our Environmental Procedures
Order 5610.1, issued March 1, 2004 (69 FR 9680), that this action would
not have any effect on the quality of the environment. In addition,
this final rule is categorically excluded from further analysis and
documentation under the Categorical Exclusion (CE) in paragraph 6(b) of
Appendix 2 of FMCSA Order 5610.1. This CE addresses minor editorial
corrections such as found in this rulemaking; therefore preparation of
an environmental assessment or environmental impact statement is not
necessary.
The FMCSA also analyzed this rule under the Clean Air Act, as
amended (CAA), section 176(c) (42 U.S.C. 42 U.S.C. 7506(c)), and
implementing regulations promulgated by the Environmental Protection
Agency. Approval of this action is exempt from the CAA's general
conformity requirement since it does not affect direct or indirect
emissions of criteria pollutants.
E.O. 12898 (Environmental Justice)
This technical amendment final rule is not subject to Executive
Order 12898 (59 FR 7629, February 16, 1994). Executive Order 12898
establishes Federal executive policy on environmental justice. Its main
provision directs Federal agencies, to make environmental justice part
of their mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States. FMCSA
determined that this rule will not have disproportionately high and
adverse human health or environmental effects on minority or low-income
populations because it does not change the substance of any of the
FMCSRs.
E.O. 13211 (Energy Effects)
FMCSA has analyzed this rule under Executive Order 13211 titled,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use.'' The Agency has determined that it is
not a ``significant energy action'' under that Executive Order because
it is not a ``significant regulatory action'' under Executive Order
12866 and is not likely to have a significant adverse effect on the
supply, distribution, or use of energy. Therefore, no Statement of
Energy Effects is required.
E.O. 13045 (Protection of Children)
Executive Order 13045 titled, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, Apr. 23,
1997), requires agencies issuing ``economically significant'' rules, if
the regulation also concerns an environmental health or safety risk
that an agency has reason to believe may disproportionately affect
children, to include an evaluation of the regulation's environmental
health and safety effects on children. As discussed previously, this
rule is not economically significant. Therefore, no analysis of the
impacts on children is required.
E.O. 12988 (Civil Justice Reform)
This action meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988 titled, ``Civil Justice Reform,'' to minimize litigation,
eliminate ambiguity, and reduce burden.
E.O. 12630 (Taking of Private Property)
This rule will not effect a taking of private property or otherwise
have taking implications under E.O. 12630 titled, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights.''
National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) requires Federal agencies proposing to adopt technical standards
to consider whether voluntary consensus standards are available. If the
Agency chooses to adopt its own standards in place of existing
voluntary consensus standards, it must explain its decision in a
separate statement to OMB. Because FMCSA does not intend to adopt
technical standards, there is no need to submit a separate statement to
OMB on this matter.
Privacy Impact Assessment
Section 522(a)(5) of the Transportation, Treasury, Independent
Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108-
447, Division H, Title I, 118 Stat. 2809 at 3268, Dec. 8, 2004)
requires DOT and certain other Federal agencies to conduct a privacy
impact assessment of each rule that will affect the privacy of
individuals. Because this final rule will not affect the privacy of
individuals, FMCSA did not conduct a separate privacy impact
assessment.
List of Subjects
49 CFR Part 355
Highway safety, Intergovernmental relations, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.
49 CFR Part 365
Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Maritime carriers, Mexico, Motor carriers, Moving of
household goods.
49 CFR Part 369
Reporting and recordkeeping requirements.
49 CFR Part 383
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety and motor carriers.
49 CFR Part 384
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Incorporation by reference, and Motor carriers.
[[Page 59455]]
49 CFR Part 385
Administrative practice and procedure, Highway safety,
Incorporation by reference. Mexico, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.
49 CFR Part 387
Buses, Freight, Freight forwarders, Hazardous materials
transportation, Highway safety, Insurance, Intergovernmental relations,
Motor carriers, Motor vehicle safety, Moving of household goods,
Penalties, Reporting and recordkeeping requirements, Surety bonds.
49 CFR Part 390
Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.
49 CFR Part 391
Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety,
Transportation.
49 CFR Part 392
Driving of Commercial Motor Vehicles.
49 CFR Part 395
Highway safety, Motor carriers, Reporting and recordkeeping
requirements.
49 CFR Part 397
Administrative practice and procedure, Highway safety,
Intergovernmental relations, Motor carriers, Parking, Radioactive
materials, Reporting and recordkeeping requirements, Tires.
In consideration of the foregoing, FMCSA is amending 49 CFR chapter
III, parts 355, 365, 369, 383, 384, 385, 387, 390, 391, 392, 395, and
397, as set forth below:
PART 355--COMPATIBILITY OF STATE LAWS AND REGULATIONS AFFECTING
INTERSTATE MOTOR CARRIER OPERATIONS
0
1. The authority citation for part 355 continues to read as follows:
Authority: 49 U.S.C. 504 and 31101 et seq.; 49 CFR 1.87.
0
2. Amend appendix A to part 355 by revising the paragraphs titled
``Hours of Service of Drivers'' to read as follows:
Appendix A to Part 355--Guidelines for the Regulatory Review
* * * * *
Hours of Service of Drivers
The following is a high-level summary of the hours-of-service
regulations governing property and passenger carriers. The
description below outlines only some of the major provisions, but
does not capture all the detailed requirements. For the detailed
provisions, which include rest breaks, sleeper berth, and records of
duty status issues, see part 395 of this subchapter.
The hours-of-service regulations prohibit both property and
passenger carriers from allowing or requiring any driver to drive as
follows:
1. Property. More than 11 hours after 10 consecutive hours off
duty within a consecutive 14-hour duty period, and more than 60/70
hours on duty in 7/8 consecutive days. A driver may restart a 7/8
consecutive day period after taking 34 or more consecutive hours off
duty, which includes two periods from 1 a.m. to 5 a.m., home
terminal time. The restart may be used only once per week, or 168
hours, measured from the beginning of the previous restart.
2. Passenger. More than 10 hours after 8 consecutive hours off
duty within a 15-hour duty period, and more than 60/70 hours on duty
in 7/8 consecutive days.
* * * * *
PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
0
3. The authority citation for part 365 continues to read as follows:
Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-
13906, 14708, 31138, and 31144; and 49 CFR 1.87.
Sec. 365.405 [Amended]
0
4. Amend Sec. 365.405(a)(1) by removing the phrase ``IT Operations
Division (MC-RIO)'' and adding in its place the phrase ``Office of
Registration and Safety Information (MC-RS)''.
Sec. 365.411 [Amended]
0
5. Amend Sec. 365.411(b) by removing the phrase ``IT Operations
Division (MC-RIO)'' and adding in its place the phrase ``Office of
Registration and Safety Information (MC-RS)''.
Sec. 365.413 [Amended]
0
6. Amend Sec. 365.413(b) introductory text by removing the phrase ``IT
Operations Division (MC-RIO)'' and adding in its place the phrase
``Office of Registration and Safety Information (MC-RS)''.
PART 369--REPORTS OF MOTOR CARRIERS
0
7. The authority citation for part 369 continues to read as follows:
Authority: 49 U.S.C. 14123; 49 CFR 1.87.
Sec. 369.6 [Amended]
0
8. Amend Sec. 369.6 by removing the phrase ``Office of Information
Technology (MC-RI)'' and adding in its place the phrase ``Office of
Registration and Safety Information (MC-RS)''.
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., and 31502; secs.
214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec.
1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of Pub. L.
109-59, 119 Stat. 1144, 1746; and 49 CFR 1.87.
0
10. Amend Sec. 383.5 by revising the definitions of ``Commercial motor
vehicle (CMV)'' and ``Conviction'' to read as follows:
Sec. 383.5 Definitions.
* * * * *
Commercial motor vehicle (CMV) means a motor vehicle or combination
of motor vehicles used in commerce to transport passengers or property
if the motor vehicle is a--
(1) Combination Vehicle (Group A)--having a gross combination
weight rating or gross combination weight of 11,794 kilograms or more
(26,001 pounds or more), whichever is greater, inclusive of a towed
unit(s) with a gross vehicle weight rating or gross vehicle weight of
more than 4,536 kilograms (10,000 pounds), whichever is greater; or
(2) Heavy Straight Vehicle (Group B)--having a gross vehicle weight
rating or gross vehicle weight of 11,794 or more kilograms (26,001
pounds or more), whichever is greater; or
(3) Small Vehicle (Group C)--(i) that does not meet Group A or B
requirements;
(ii) Is designed to transport 16 or more passengers, including the
driver; or
(iii) Is of any size and is used in the transportation of hazardous
materials as defined in this section.
* * * * *
Conviction means an unvacated adjudication of guilt, or a
determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or by an authorized
administrative tribunal, an unvacated forfeiture of bail or collateral
deposited to secure the person's appearance in court, a plea of guilty
or nolo contendere accepted by the court, the payment of a fine or
court cost, or violation of a condition of release without bail,
regardless of whether or
[[Page 59456]]
not the penalty is rebated, suspended, or prorated.
* * * * *
0
11. Amend Sec. 383.73 by revising paragraphs (n)(1) and (o)(4)(i)
introductory text to read as follows:
Sec. 383.73 State procedures.
* * * * *
(n) * * *
(1) Prevent the issuance of an initial, renewed or upgraded CLP or
an initial, renewed, upgraded, or transferred CDL when the results of
transactions indicate the applicant is unqualified. These controls, at
a minimum, must be established for the following transactions: State,
CDLIS, and PDPS driver record checks; and Social Security Number
verification. Knowledge and skills test scores verification controls
must be established for an initial, renewed, or upgraded CDL.
* * * * *
(o) * * *
(4) * * * (i) Beginning January 30, 2012, if a driver's medical
certification or medical variance expires, or FMCSA notifies the State
that a medical examiner's certificate is voided or rescinded or a
medical variance was removed or rescinded, the State must:
* * * * *
PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
0
12. The authority citation for part 384 continues to read as follows:
Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103
and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; and 49 CFR 1.87.
0
13. Revise Sec. 384.107 to read as follows:
Sec. 384.107 Matter incorporated by reference.
(a) Incorporation by reference. This part includes references to
certain matter or materials. The text of the materials is not included
in the regulations contained in this part. The materials are hereby
made a part of the regulations in this part. The Director of the Office
of the Federal Register has approved the materials incorporated by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For
materials subject to change, only the specific version approved by the
Director of the Office of the Federal Register and specified in the
regulation are incorporated. Material is incorporated as it exists on
the date of the approval and a notice of any change in these materials
will be published in the Federal Register. All of the materials
incorporated by reference are available from the sources listed below
and available for inspection at the Department of Transportation
Library, 1200 New Jersey Ave. SE., Washington, DC 20590-0001; telephone
is (202) 366-0746. These documents are also available for inspection
and copying as provided in 49 CFR part 7. They are also available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) The American Association of Motor Vehicle Administrators
(AAMVA), 4301 Wilson Boulevard, Suite 400, Arlington, VA 22203, (703)
522-1300, https://www.aamva.org.
(1) ``Commercial Driver's License Information System (CDLIS) State
Procedures Manual,'' Release 5.3.2.1, August 2013, incorporation by
reference approved for Sec. Sec. 384.225(f) and 384.231(d).
(2) [Reserved]
0
14. Amend Sec. 384.206 by revising (a)(1) introductory text to read as
follows:
Sec. 384.206 State record checks.
(a) * * *
(1) Before issuing, renewing, or upgrading a CLP or issuing,
renewing, upgrading or transferring CDL to any person, the driver's
State of record must, within the period of time specified in Sec.
384.232, check its own driver records as follows:
* * * * *
Sec. 384.209 [Amended]
0
15. Amend Sec. 384.209(b)(2) by adding the phrase ``from a foreign
country'' after the phrase ``a person'' and before the phrase ``who is
unlicensed.''
0
16. Revise Sec. 384.212(b) to read as follows:
Sec. 384.212 Domicile requirement.
* * * * *
(b) The State must require any person holding a CDL issued by
another State to apply for a transfer CDL from the State within 30 days
after establishing domicile in the State, as specified in Sec.
383.71(c) of this subchapter.
0
17. Amend Sec. 384.225 by revising paragraph (e) introductory text and
paragraph (f) to read as follows:
Sec. 384.225 CDLIS driver recordkeeping.
* * * * *
(e) Only allow the following users or their authorized agents to
receive the designated information:
* * * * *
(f) Ensure the content of the report provided a user authorized by
paragraph (e) of this section from the CDLIS driver record is
comparable to the report that would be generated by a CDLIS State-to-
State request for a CDLIS driver history, as defined in the ``CDLIS
State Procedures Manual'' (incorporated by reference, see Sec.
384.107(b)), and must include the medical certification status
information of the driver in paragraph (a)(2) of this section. This
does not preclude authorized users from requesting a CDLIS driver
status.
0
18. Amend Sec. 384.228 by adding paragraph (h)(3) and revising
paragraph (j) to read as follows:
Sec. 384.228 Examiner training and record checks.
* * * * *
(h) * * *
(3) Criteria for not passing the criminal background check must
include at least the following: (i) Any felony conviction within the
last 10 years; or (ii) Any conviction involving fraudulent activities.
(j) Rescind the certification to administer CDL tests of all test
examiners who do not successfully complete the required refresher
training every 4 years.
* * * * *
0
19. Revise Sec. 384.229(b) to read as follows:
Sec. 384.229 Skills test examiner auditing and monitoring.
* * * * *
(b) At least once every 2 years, conduct covert and overt
monitoring of examinations performed by State and third party CDL
skills test examiners.
* * * * *
Sec. 384.305 [Amended]
0
20. Amend Sec. 384.305 by removing the phrase ``(Approved by the
Office of Management and Budget under control number 2125-0542)'' at
the end of the section.
PART 385--SAFETY FITNESS PROCEDURES
0
21. 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 1.87.
[[Page 59457]]
Sec. 385.308 [Amended]
0
22. Amend Sec. 385.308(a)(1) by adding the word ``motor'' after the
word ``commercial'' and before the word ``vehicle.''
Appendix B to Part 385 [Amended]
0
23. In Appendix B to Part 385, section VII, List of Acute and Critical
Regulations, remove the entry for Sec. 397.101(d), which reads
``Requiring or permitting the operation of a motor vehicle containing
highway route-controlled quantity, as defined in Sec. 173.403, of
radioactive materials that is not accompanied by a written route
plan.''
PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS
0
24. The authority citation for part 387 continues to read as follows:
Authority: 49 U.S.C. 13101, 13301, 13906, 14701, 31138, 31139,
and 31144; and 49 CFR 1.87.
Sec. 387.15 [Amended]
0
25. Amend Sec. 387.15 as follows:
0
a. Remove the designation ``OMB No. 2125-0074'' under the center
heading ``Illustration I'' and following the phrase ``Form Approved.''
0
b. Remove the phrase ``(Form approved by Office of Management and
Budget under control no. 2125-0075)'' under the center heading
``Illustration II'' and following the phrase ``Form MCS-82 (4/83).''
Sec. 387.39 [Amended]
0
26. Amend Sec. 387.39 by removing the phrase ``(Approved by the Office
of Management and Budget under control number 2125-0518)'' at the end
of the section.
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
27. The authority citation for part 390 is revised to read as follows:
Authority: 49 U.S.C. 504, 508, 31132, 31133, 31136, 31144,
31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677-1678;
sec. 212, 217, 229, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767;
sec. 229, Pub. L. 106-159 (as transferred by sec. 4114 and amended
by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743-
1744); sec. 4136, Pub. L. 109-59, 119 Stat. 114, 1745; sections
32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 830; and 49
CFR 1.87.
0
28. Amend Sec. 390.5 as follows:
0
a. In the definition of ``Conviction'' remove the word ``probated'' and
add in its place the word ``prorated.''
0
b. Add a definition for ``Crash'' in alphabetical order.
Sec. 390.5 Definitions.
* * * * *
Crash--See accident.
* * * * *
0
29. Revise Sec. 390.19(d) to read as follows:
Sec. 390.19 Motor carrier, hazardous material shipper, and intermodal
equipment provider identification reports.
* * * * *
(d) Where to file. The required form under paragraph (a) of this
section must be filed with the FMCSA Office of Registration and Safety
Information. The form may be filed electronically according to the
instructions at the Agency's Web site, or it may be sent to Federal
Motor Carrier Safety Administration, Office of Registration and Safety
Information (MC-RS), 1200 New Jersey Avenue SE., Washington, DC 20590.
* * * * *
Sec. 390.40 [Amended]
0
30. Amend Sec. 390.40(j) by removing the reference ``Sec.
386.72(b)(1)'' and adding in its place ``Sec. 386.72(b)(3)''.
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. 504, 508, 31133, 31136, and 31502; sec.
4007(b) of Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114 of Pub.
L. 103-311, 108 Stat. 1673, 1677; sec. 215 of Pub. L. 106-159, 113
Stat. 1748, 1767; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830;
and 49 CFR 1.87.
Sec. 391.63 [Amended]
0
32. Amend Sec. 391.63 by removing the phrase ``(Approved by the Office
of Management and Budget under control number 2125-0081)''.
PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES
0
33. The authority citation for part 392 continues to read as follows:
Authority: 49 U.S.C. 504, 13902, 31136, 31151, 31502; Section
112 of Pub. L. 103-311, 108 Stat. 1673, 1676 (1994), as amended by
sec. 32509 of Pub. L. 112-141, 126 Stat. 405, 805 (2012); and 49 CFR
1.87.
Sec. 392.5 [Amended]
0
34. Amend Sec. 392.5(a)(3) introductory text by removing the word
``and'' and adding in its place the word ``or.''
PART 395--HOURS OF SERVICE OF DRIVERS
0
35. The authority citation for part 395 continues to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136, 31137, and 31502; sec.
113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-
159 (as transferred by sec. 4115 and amended by secs. 4130-4132,
Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); sec. 4133, Pub.
L. 109-59, 119 Stat. 1144, 1744; sec. 108, Pub. L. 110-432, 122
Stat. 4860-4866; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830;
and 49 CFR 1.87.
Sec. 395.8 [Amended]
0
36. Amend Sec. 395.8 by removing the phrase ``(Approved by the Office
of Management and Budget under control number 2125-0016)'' at the end
of the section.
PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND
PARKING RULES
0
37. The authority citation for part 397 continues to read as follows:
Authority: 49 U.S.C. 322; 49 CFR 1.87. Subpart A also issued
under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.97. Subparts C, D,
and E also issued under 49 U.S.C. 5112, 5125.
0
38. Amend Sec. 397.69 by revising paragraphs (b) and (c) to read as
follows:
Sec. 397.69 Highway routing designations; preemption.
* * * * *
(b) Except as provided in Sec. Sec. 397.75 and 397.219, an NRHM
route designation made in violation of paragraph (a) of this section is
preempted pursuant to 49 U.S.C. 5125(c).
(c) A highway routing designation established by a State, political
subdivision, or Indian tribe before November 14, 1994 is subject to
preemption in accordance with the preemption standards in paragraphs
(a)(1) and (a)(2) of Sec. 397.203.
* * * * *
0
39. Revise Sec. 397.73 to read as follows:
Sec. 397.73 Public information and reporting requirements.
(a) Public information. Information on NRHM routing designations
must be made available by the States and Indian tribes to the public in
the form of maps, lists, road signs or some combination thereof. If
road signs are used, those signs and their placements must comply with
the provisions of the Manual on Uniform Traffic Control Devices for
Streets and Highways, published by the Federal Highway Administration
[[Page 59458]]
(FHWA), particularly the Hazardous Cargo signs identified as R14-2 and
R14-3 shown in Section 2B-62 of that Manual. This publication may be
accessed free of charge on the Internet at https://mutcd.fhwa.dot.gov/.
(b) Reporting and publishing requirements. Each State or Indian
tribe, through its routing agency, shall provide information
identifying all NRHM routing designations that exist within its
jurisdiction to the Federal Motor Carrier Safety Administration, Office
of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave. SE.,
Washington, DC 20590-0001. States shall also submit to FMCSA the
current name of the State agency responsible for NHRM highway routing
designations. The State or Indian tribe shall include descriptions of
these routing designations, along with the dates they were established.
This information may also be published in each State's official
register of State regulations. Information on any subsequent changes or
new NRHM routing designations shall be furnished within 60 days after
establishment to the FMCSA. This information will be available from the
FMCSA, consolidated by the FMCSA, and published annually in whole or as
updates in the Federal Register. Each State may also publish this
information in its official register of State regulations.
(c) A State or Tribally-designated route is effective only after it
is published in the Federal Register in FMCSA's Hazardous Materials
Route Registry.
0
40. Amend Sec. 397.103 by adding a new paragraph (c)(3) to read as
follows:
Sec. 397.103 Requirements for State routing designations.
* * * * *
(c) * * *
(3) The route is published in FMCSA's Hazardous Materials Route
Registry.
* * * * *
Issued under authority delegated in 49 CFR 1.87 on: September
23, 2014.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2014-23433 Filed 10-1-14; 8:45 am]
BILLING CODE 4910-EX-P
