Amendments To Implement Certain Provisions of the Fixing America's Surface Transportation Act or “FAST Act”, 47714-47722 [2016-17114]

Download as PDF 47714 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations EPA-APPROVED RHODE ISLAND REGULATIONS—Continued State effective date EPA approval date Explanations * Control of Volatile Organic Compounds from Automobile Refinishing Operations. * 7/19/2007 * ................................ * * * All of Air Pollution Control Regulation 30 is approved with the exception of section 30.9.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision, and section 30.2.2 which was not submitted as part of the SIP revision. * Air Pollution Control Regulation 32. * Control of Volatile Organic Compounds from Marine Vessel Loading Operations. * 7/19/2007 * ................................ * * * All of Air Pollution Control Regulation 32 is approved with the exception of section 32.7.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision, and section 32.2.2 which was not submitted as part of the SIP revision. * Air Pollution Control Regulation 35. * Control of Volatile Organic Compounds and Volatile Hazardous Air Pollutants from Wood Product Manufacturing Operations. * 7/19/2007 * 7/22/2016 [Insert Federal Register citation]. * * * All of Air Pollution Control Regulation 35 is approved with the exception of section 35.9.3 of the General Provisions which was formally withdrawn from consideration as part of the SIP revision, and section 35.2.3 which was not submitted as part of the SIP revision. State citation Title/subject * Air Pollution Control Regulation 30. * * * BILLING CODE 6560–50–P Federal Motor Carrier Safety Administration 49 CFR Parts 365, 381, 383, 390, 391, 392, 393, 395, and 396 DEPARTMENT OF HEALTH AND HUMAN SERVICES [Docket No. FMCSA–2016–0091] 45 CFR Part 170 RIN 2126–AB89 Health Information Technology Standards, Implementation Specifications, and Certification Criteria and Certification Programs for Health Information Technology In Title 45 of the Code of Federal Regulations, Parts 1 to 199, revised as of October 1, 2015, on page 1235, in § 170.102, add, in alphabetical order, the definition ‘‘Day or Days means a calendar day or calendar days.’’ ■ [FR Doc. 2016–17365 Filed 7–21–16; 8:45 am] BILLING CODE 1505–01–D ehiers on DSK5VPTVN1PROD with RULES Amendments To Implement Certain Provisions of the Fixing America’s Surface Transportation Act or ‘‘FAST Act’’ Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. AGENCY: CFR Correction 14:57 Jul 21, 2016 * DEPARTMENT OF TRANSPORTATION [FR Doc. 2016–17184 Filed 7–21–16; 8:45 am] VerDate Sep<11>2014 * Jkt 238001 The Federal Motor Carrier Safety Administration (FMCSA) adopts, as final, certain regulations required by the Fixing America’s Surface Transportation Act (FAST Act) enacted on December 4, 2015. The statutory changes went into effect on October 1, 2015, retroactively, and require that FMCSA make conforming changes to its regulations to ensure they are current and consistent with the statutory requirements. Adoption of these rules is a nondiscretionary, ministerial action that FMCSA may take without issuing a notice of proposed rulemaking and receiving public comment, in accordance with the good cause exception available to Federal agencies under the Administrative Procedure Act (APA). SUMMARY: PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 * * This final rule is effective July 22, 2016. Petitions for Reconsideration must be received by the Agency no later than August 22, 2016. ADDRESSES: Petitions for reconsideration must be submitted to: Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. FOR FURTHER INFORMATION CONTACT: Kathryn Sinniger, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; by telephone at (202) 493–0908, or by electronic mail at kathryn.sinniger@ dot.gov. If you have questions regarding the docket, call Docket Services, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: DATES: I. Executive Summary A. Purpose and Summary of the Major Provisions This rule makes nondiscretionary, ministerial changes to FMCSA regulations that are required by the FAST Act (Pub. L. 114–94, 129 Stat. 1312, December 4, 2015). The FAST Act made several notable changes to the authorities implemented by requirements in the Code of Federal Regulations (CFR). For example, it exempts welding trucks used in the construction and maintenance of pipelines from FMCSA’s regulations. It excepts drivers of ready-mixed concrete trucks and hi-rail vehicles, as well as E:\FR\FM\22JYR1.SGM 22JYR1 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations drivers of commercial motor vehicles (CMVs) transporting livestock and bees, from some of the hours of service (HOS) requirements in 49 CFR part 395. It also extends the length of the time (from 2 years to 5 years) that an exemption or renewal of an exemption may provide relief from the regulations. A full explanation of all changes made in this rule is included below in section III. Fast Act Provisions Implemented by this Rulemaking. A copy of the FAST Act has been placed in the docket for this rulemaking for reference. B. Benefits and Costs The economic impact of this rule’s provisions, considered both individually and in the aggregate, does not rise to the level of economic significance, and a cost-benefit analysis is therefore not required. II. Legal Basis for the Rulemaking A. FAST Act This rule is based on the FAST Act. Certain provisions of the FAST Act made mandatory, non-discretionary changes to FMCSA programs. The majority of these statutory changes went into effect on October 1, 2015, while others will go into effect on October 1, 2016.1 This rule makes only those changes that went into effect on October 1, 2015, that can be implemented without prior notice and opportunity for comment as addressed in section II(B) below. Publication of today’s rule triggers the 3-year period during which the States are required to adopt compatible provisions under FMCSA’s Motor Carrier Safety Assistance Program (MCSAP). 49 CFR 350.331(d), 350.335(b), and part 355, appendix A. At a later date, before October 1, 2016, the Agency will issue another final rule to implement additional ministerial requirements that will become effective on October 1, 2016.2 The Agency also expects that there will be rulemakings required to address additional provisions of the FAST Act, where Congress either provided the Agency with some discretion regarding implementation, or specifically required that notice and comment rulemaking procedures be followed. It is necessary to make conforming changes to ensure that FMCSA’s regulations are current and consistent with the applicable statutes. The provisions implemented in this final rule are from the following sections of the FAST Act, which impacted Title 49, United States Code (U.S.C.): 1. Section 5206 Applications. 2. Section 5507 Electronic Logging Device Requirements. 3. Section 5518 Covered Farm Vehicles. 4. Section 5519 Operators of Hi-Rail Vehicles. 5. Section 5521 Ready Mix Concrete Delivery Vehicles. 6. Section 5522 Transportation of Construction Materials and Equipment. 7. Section 5524 Exemptions from Requirements for Certain Welding Trucks Used in Pipeline Industry. 8. Section 7208 Hazardous Materials Endorsement Exemption. FMCSA is authorized to implement these statutory provisions by delegation from the Secretary of Transportation in 49 CFR 1.87. B. Administrative Procedure Act Generally, agencies may promulgate final rules only after issuing a notice of proposed rulemaking and providing an opportunity for public comment under procedures required by the APA [5 U.S.C. 553(b) and (c)]. Section 553(b)(3)(B) allows an exception from these requirements when notice and public comment procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ FMCSA finds that prior notice and an opportunity for comment are unnecessary because the changes adopted in this final rule are statutorily mandated, and the Agency is performing a nondiscretionary, ministerial act. For these same reasons, 47715 the rule will be effective upon publication, as these statutory changes went into effect on October 1, 2015 [5 U.S.C. 553(d)]. C. FAST Act Waiver of Advance Notice of Proposed Rulemaking/Negotiated Rulemaking FMCSA is aware of the regulatory reform requirements imposed by section 5202 of the FAST Act concerning public participation in rulemaking (49 U.S.C. 31136(g)). These requirements pertain to certain major rules, but because this final rule is not major, they are not applicable. In any event, the Agency finds that, for the reasons stated below, publication of an advance notice of proposed rulemaking under 49 U.S.C. 31136(g)(1)(A), or a negotiated rulemaking under 49 U.S.C. 31136(g)(1)(B), is unnecessary and contrary to the public interest in accordance with the waiver provision in 49 U.S.C. 31136(g)(3). III. Fast Act Provisions Implemented by This Rulemaking This section describes those portions of the FAST Act that require FMCSA to make conforming changes to the regulations, which are also listed here. These regulatory changes are nondiscretionary; in other words, the FAST Act provided all of the necessary content of the regulations. As noted in the executive summary, there are additional regulatory changes that will be required by the FAST Act, but those either have a later effective date, will require FMCSA to exercise some degree of discretion, or are required to be subject to notice and comment. FMCSA has included here a table of affected CFR sections, which will crossreference corresponding requirements of the FAST Act. This table will make it easier for the reader to move back and forth between the revised regulations and the corresponding section(s) of the FAST Act. TABLE OF CFR SECTIONS AFFECTED ehiers on DSK5VPTVN1PROD with RULES CFR section FAST Act section 365.101(j) (new) ....................................................................................... 381.300(b) ................................................................................................ 381.317 (new) ........................................................................................... 383.3(i) (new) ........................................................................................... 390.38 (new) ............................................................................................. 390.39(b)(1) .............................................................................................. 391.2(e) (new) .......................................................................................... 392.1(b) (new) .......................................................................................... 1 See FAST Act section 1003 (establishing October 1, 2015, as the effective date for all provisions in Division A of the Act, covering Surface Transportation) (Pub. L. 114–94, 129 Stat. VerDate Sep<11>2014 14:57 Jul 21, 2016 Jkt 238001 5524 [129 Stat. 1312, 1560]. 5206(a)(3) [129 Stat. 1312, 1537]. 5206(a)(3) [129 Stat. 1312, 1537]. 7208 [129 Stat. 1312, 1593]. 5524 [129 Stat. 1312, 1560]. 5518 [129 Stat. 1312, 1558]. 5524 [129 Stat. 1312, 1560]. 5524 [129 Stat. 1312, 1560]. 1312, 1322, December 4, 2015) and section 5101 (establishing October 1, 2016 as the effective for the changes made in that section) (Pub. L. 114–94, 129 Stat. 1312, 1514, December 4, 2015). PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 2 See FAST Act section 5101 (Pub. L. 114–94, 129 Stat. 1312, 1514, December 4, 2015), which includes the amendments that become effective on October 1, 2016. E:\FR\FM\22JYR1.SGM 22JYR1 47716 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations TABLE OF CFR SECTIONS AFFECTED—Continued CFR section FAST Act section 393.1(e) (new) .......................................................................................... 395.1(e) .................................................................................................... 395.1(t) (new) ........................................................................................... 395.1(u) (new) .......................................................................................... 395.1(v) (new) .......................................................................................... 395.1(w) (new) .......................................................................................... 395.1(x) (new) .......................................................................................... 395.2 ......................................................................................................... 5524 [129 Stat. 1312, 1560]. 5521 [129 Stat. 1312, 1559]. 5206(b)(1)(A) [129 Stat. 1312, 1537]. 5206(b)(1)(B) [129 Stat. 1312, 1537]. 5206(b)(1)(C) [129 Stat. 1312, 1537]. 5519 [129 Stat. 1312, 1558]. 5524 [129 Stat. 1312, 1560]. 5206(b)(1)(A), 5206(b)(1)(C), 5519, 5522 [129 Stat. 1312, 1537, 1558,1559]. 5507 [129 Stat. 1312, 1553]. 5524 [129 Stat. 1312, 1560]. ehiers on DSK5VPTVN1PROD with RULES 395.8 ......................................................................................................... 396.1(d) (new) .......................................................................................... Section 5206 Applications Previously, 49 U.S.C. 31315(b) allowed an exemption from a regulation for no longer than 2 years from its approval date, and allowed an exemption to be renewed upon application to the Secretary for subsequent periods of no more than 2 years. Section 5206(a)(3) of the FAST Act amends section 31315(b) to allow an exemption to be granted for no longer than 5 years and to be renewed, upon request, for subsequent periods no longer than 5 years, if the Secretary finds that such an exemption would likely achieve an equivalent, or greater, level of safety. This rulemaking changes § 381.300(b) to allow exemptions for up to 5 years that may be renewed for subsequent periods of up to 5 years. Section 5206(a)(3) of the FAST Act also added subsection (b)(3) to 49 U.S.C. 31315 to permit an applicant whose application for exemption has been denied to resubmit the application addressing the reason for denial. FMCSA adds a new § 381.317 describing this process. Section 5206(b)(1) of the FAST Act made permanent three existing exemptions from the 30-minute rest break requirements in § 395.3(a)(3)(ii). The first was granted to the National Ready Mixed Concrete Association (80 FR 17819, April 2, 2015). In this rulemaking, FMCSA adds new § 395.1(t) allowing a driver of a ready-mixed concrete delivery vehicle to use time spent waiting with the vehicle at a job site or terminal to meet the requirement for a 30-minute rest break. The driver may not perform any other work during this time waiting. FMCSA also adds a definition of ‘‘ready mix concrete delivery vehicle’’ to § 395.2, to reflect the definition in related section 5521 of the FAST Act, Ready Mix Concrete Delivery Vehicles, which is discussed below. The second exemption, also from the requirements in § 395.3(a)(3)(ii), was granted to the California Farm Bureau VerDate Sep<11>2014 14:57 Jul 21, 2016 Jkt 238001 Federation (80 FR 35425, June 19, 2015). In this rule, FMCSA adds new § 395.1(u) that provides that the 30-minute rest break requirements do not apply to a driver transporting bees in interstate commerce if there are bees on the vehicle. The third exemption from the 30minute rest break was granted to the Agricultural and Food Transporters Conference (AFTC) of the American Trucking Associations (80 FR 33584, June 12, 2015). In this rulemaking, FMCSA implements this requirement of the Act by adding new § 395.1(v) that provides that the 30-minute rest break requirements do not apply to a driver transporting livestock while the livestock are on the vehicle. FMCSA also adds a definition of livestock to § 395.2, to reflect the classification in the regulatory exemption developed in response to the AFTC petition. Section 5507 Electronic Logging Device Requirements Section 5507 of the FAST Act amends 49 U.S.C. 31137(b) to provide an exception for motor carriers transporting a motor home or recreation vehicle trailer in a driveaway-towaway operation, as defined in 49 CFR 390.5. Under this provision, a motor carrier could comply with the HOS requirements by using either a paper record of duty status form or an electronic logging device. FMCSA changes § 395.8(a)(1)(iii)(A) by adding this new exception. Section 5518 Covered Farm Vehicles Previously, section 32934(b)(1) of the Moving Ahead for Progress for the 21st Century Act (MAP–21) (Pub. L. 112– 141, 126 Stat. 405, 830, July 6, 2012; 49 U.S.C. 31136 note) provided that Federal transportation funding to a State could not be terminated, limited, or interfered with because the State exempts a covered farm vehicle, including its operator, from ‘‘any State requirement relating to the operation of that vehicle.’’ The term ‘‘covered farm PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 vehicle’’ is defined in section 32924(c) of MAP–21. Section 5518 of the FAST Act amends section 32934(b)(1) of MAP–21 to specify that the requirements are those in section 32934(a) or any other minimum standard provided by a State relating to the operation of that vehicle. The specific requirements outlined in section 32934(a) of MAP–21 exempt a covered farm vehicle and its driver from any requirement relating to (1) operating with a commercial driver’s license (CDL) or drug and alcohol testing established under 49 U.S.C. chapter 313; (2) medical certificates established under 49 U.S.C. chapter 311, subchapter III, or 49 U.S.C. chapter 313; and (3) HOS and vehicle inspection, repair, and maintenance established under 49 U.S.C. chapter 311, subchapter III, or 49 U.S.C. chapter 315. The Agency revises § 390.39(b)(1) to reflect these changes, which should clarify which exemptions found in State laws for covered farm vehicles may not be taken into consideration during Federal grants management. Section 5519 Vehicles Operators of Hi-Rail For the CMV driver of a hi-rail vehicle who is subject to the HOS regulations in 49 CFR part 395, section 5519 of the FAST Act provides that the maximum on-duty time under § 395.3 shall not include certain time in transportation to or from a duty assignment. Time in transportation, to or from a duty assignment, will not be included in the 14 hours on-duty time under § 395.3(a)(2) if (1) it does not exceed 2 hours per calendar day or a total of 30 hours per calendar month, and (2) the motor carrier fully and accurately accounts for this time in the records it maintains and makes such records available to FMCSA or the Federal Railroad Administration upon request. Section 5519(b) defines ‘‘hi-rail vehicle’’ as ‘‘an internal rail flaw detection vehicle equipped with flange hi-rails.’’ E:\FR\FM\22JYR1.SGM 22JYR1 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations FMCSA adds a new paragraph (w) to § 395.1 to reflect this exception. In addition, FMCSA adds a definition of hi-rail vehicle to § 395.2. Section 5521 Ready Mix Concrete Delivery Vehicles Section 5521 of the FAST Act amends 49 U.S.C. 31502 by adding a new subsection (f) that exempts drivers of ready-mixed concrete delivery vehicles from keeping records of duty status under certain circumstances. The driver of the ready-mixed concrete delivery vehicle must (1) operate within a 100mile radius of the normal work reporting location; (2) return to the work reporting location and be released from work within 14 consecutive hours; (3) have at least 10 hours off duty following each 14 hours on duty; and (4) not exceed 11 hours of driving time following 10 consecutive hours off duty. The motor carrier that employs the driver must keep accurate time records. This change essentially allows the driver of a ready-mixed concrete truck to use the short-haul exception in § 395.1(e)(1), but with a 14-hour on-duty period. Section 5521 also adds a definition of ‘‘driver of a ready mixed concrete delivery vehicle.’’ FMCSA revises § 395.1(e)(1) to reflect new 49 U.S.C. 31502(f)(1). The Agency also adds a new definition of ‘‘readymixed concrete delivery vehicle’’ to § 395.2. ‘‘Driver’’ is already defined in § 390.5. ehiers on DSK5VPTVN1PROD with RULES Section 5522 Transportation of Construction Materials and Equipment Section 5522 of the FAST Act amends section 229(e)(4) of the Motor Carrier Safety Improvement Act of 1999, as transferred and amended (49 U.S.C. 31136 note), which is the definition of transportation of construction materials and equipment. That definition provided that, for a driver who transports construction materials and equipment within a 50 air mile radius of the normal work reporting location of the driver, any period of 7 or 8 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours. The FAST Act increases this to a 75 air mile radius. The Act also allows a State to establish a different air mile radius limitation if such limitation is between 50 and 75 air miles and applies only to movements that take place entirely within the State. FMCSA changes the definition of transportation of construction materials and equipment in § 395.2 to conform to this change. VerDate Sep<11>2014 14:57 Jul 21, 2016 Jkt 238001 Section 5524 Exemptions From Requirements for Certain Welding Trucks Used in Pipeline Industry Section 5524 of the FAST Act defines a welding truck used in the pipeline industry as a pick-up style truck, owned by a welder, equipped with a welding rig that is used in the construction or maintenance of pipelines, and that has a gross vehicle weight and combination weight rating and weight of 15,000 pounds or less. Section 5524 exempts the operator of such a vehicle and the operator’s employer from any requirement relating to: (1) Registration as a motor carrier, including obtaining and displaying a U.S. Department of Transportation (DOT) number (49 U.S.C. chapters 139 and 311); (2) driver qualifications (49 U.S.C. chapter 311); (3) driving a CMV (49 U.S.C. chapter 311); (4) parts and accessories and inspection, repair, and maintenance of CMVs (49 U.S.C. chapter 311); and HOS of drivers, including maximum driving and on duty time (49 U.S.C. chapter 315). To reflect this section of the FAST Act, FMCSA adds new § 390.38 that excepts welding trucks, equipped with a welding rig used in the construction and maintenance of pipelines, from the requirements in 49 CFR parts 365, 390, 391, 392, 393, 395, and 396. The new § 390.38 also defines ‘‘pipeline welding trucks’’ to conform to the FAST Act. The Agency also adds specific exemptions in each of the parts listed in new § 390.38, to ensure that the exemption is clear. These new exemptions are found at: §§ 365.101(j) (exemption from requirement to apply for operating authority in part 365); 391.2 (e) (exemption from minimum qualifications for CMV drivers in part 391); 392.1 (b) (exemption from CMV operating rules in part 392); 393.1(e) (exemption from parts and accessories requirements in part 393); 395.1(x) (exemption from the HOS rules in part 395); and 396.1(d) (exemption from inspection, repair, and maintenance requirements in part 396). Section 7208 Hazardous Materials Endorsement Exemption Section 7208 of the FAST Act provides that the Secretary allow a State, at its discretion, to waive the requirement for a holder of a Class A CDL to obtain a hazardous materials endorsement to transport 1,000 gallons or less of diesel fuel. A State may waive the requirement if the license holder is (1) acting within the scope of the license holder’s employment as an employee of a custom harvester operation, agrichemical business, farm retail outlet and supplier, or livestock feeder; and (2) PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 47717 is operating a service vehicle that is transporting diesel in a quantity of 3,785 liters (1,000 gallons) or less and that is clearly marked with a ‘‘flammable’’ or ‘‘combustible’’ placard, as appropriate. FMCSA adds a new paragraph (i) to § 383.3 to reflect this exemption. Note that if a State exercises this discretion, a driver may still be required to obtain a hazardous materials endorsement if they travel to a State that has not opted to waive the requirement. IV. This Final Rule This rule adopts as final certain regulations required by the FAST Act. These statutory changes went into effect retroactively on October 1, 2015. Because adoption of these rules is a nondiscretionary, ministerial action, FMCSA did not issue an NPRM or receive public comment. V. Section-by-Section Analysis A. Part 365 In § 365.101, paragraph (j) is added to exempt pipeline welding trucks from the rules of part 365. B. Part 381 In § 381.300, paragraph (b) is revised, changing the timeframe from 2 years to 5 years. Section 381.317 is added to allow an application for exemption to be resubmitted if it has been denied. C. Part 383 In § 383.3, a new paragraph (i) is added to provide that a State may waive the requirement that a driver obtain a hazardous materials endorsement to transport diesel fuel under certain circumstances. D. Part 390 FMCSA adds new § 390.38 to exempt pipeline welding trucks from certain requirements of the FMCSRs. Paragraph (a) describes those parts of the FMCSRs from which the pipeline welding truck is exempt. Paragraph (b) provides a definition of ‘‘pipeline welding truck.’’ In § 390.39, paragraph (b)(1) is revised to reflect changes in the statutes concerning exemptions found in State laws for covered farm vehicles. E. Part 391 In § 391.2, paragraph (e) is added to exempt drivers of pipeline welding trucks from the rules of part 391. F. Part 392 In § 392.1, the existing text is designated as paragraph (a), and a paragraph (b) is added to exempt drivers of pipeline welding trucks from the rules of part 392. E:\FR\FM\22JYR1.SGM 22JYR1 47718 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations G. Part 393 In § 393.1, paragraph (e) is added to exempt pipeline welding trucks from the rules of part 393. H. Part 395 FMCSA makes a number of changes to § 395.1 to exempt certain operations from aspects of the hours of service rules. Paragraph (e)(1) is changed to provide that drivers of ready-mixed concrete delivery vehicles who are on duty for 14 consecutive hours may be exempt from the requirements of § 395.8. Section 395.1(t) is added to allow the driver of a ready-mixed concrete delivery vehicle to use 30-minutes or more of time spent waiting with the vehicle to meet the requirement for the 30-minute rest break in § 395.3(a)(3)(ii). Paragraphs (u) and (v) are added to exempt drivers engaged in the interstate transportation of bees or livestock, respectively, from the requirement for a 30-minute rest break. FMCSA adds paragraph (w) to provide that on-duty time for the driver of a hi-rail vehicle does not include time in transportation to or from a duty assignment under certain circumstances. Paragraph (x) exempts drivers of pipeline welding trucks from the rules of part 395. The definitions in § 395.2 are changed to conform to the changes in the statutes. FMCSA adds definitions of ‘‘hirail vehicle,’’ ‘‘livestock,’’ and ‘‘readymixed concrete delivery vehicle.’’ FMCSA changes the definition of ‘‘transportation of construction material and equipment’’ to increase the air mile radius to the normal work reporting location. The definition is also changed to allow the States to establish a different air mile radius limitation upon notice to the Administrator. Section 395.8(a) is changed to allow a motor carrier to require the driver transporting a motor home or recreation vehicle trailer, in a driveaway-towaway operation, to record his or her records of duty status manually. I. Part 396 In § 396.1, paragraph (d) is added to exempt pipeline welding trucks from the rules of part 396. ehiers on DSK5VPTVN1PROD with RULES VI. Rulemaking Analyses Executive Order 12866 (Regulatory Planning and Review and DOT Regulatory Policies and Procedures as Supplemented by E.O. 13563) FMCSA has determined this final rule is not a significant regulatory action within the meaning of Executive Order (E.O.) 12866, as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), VerDate Sep<11>2014 14:57 Jul 21, 2016 Jkt 238001 and is also not significant within the meaning of DOT regulatory policies and procedures (44 FR 11034, February 26, 1979). As explained above, this final rule is strictly ministerial in that it incorporates nondiscretionary statutory requirements. These statutory changes went into effect retroactively on October 1, 2015. The regulatory changes included in this rule are necessary to make FMCSA’s regulations consistent with the FAST Act and their economic impact will not exceed the $100 million annual threshold. Any costs associated with this action are attributable to the non-discretionary statutory provisions. This final rule is not expected to generate substantial congressional or public interest. Therefore, a full regulatory impact analysis has not been conducted nor has there been a review by the Office of Management and Budget (OMB). Although a full regulatory evaluation is unnecessary because of the low economic impact of this rulemaking, FMCSA analyzed the cost impact of the FAST Act provisions implemented by this final rule. This rule’s provisions generally provided exemptions to FMCSA regulations and should ease the economic burden on regulated entities. The impacts of these provisions should be small and affect a small number of individuals and businesses. Regulatory Flexibility Act Pursuant to the Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121, 110 Stat. 857), FMCSA is not required to prepare a final regulatory flexibility analysis under 5 U.S.C. 604(a) for this final rule because the Agency has not issued a notice of proposed rulemaking prior to this action. FMCSA has determined that it has good cause to adopt the rule without notice and comment. Assistance for Small Entities In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, FMCSA wants to assist small entities in understanding this rule so that they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult the FMCSA point of contact, Kathryn Sinniger, listed in the FOR FURTHER INFORMATION CONTACT section of this rule. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the SBA’s Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of FMCSA, call 1–888–REG– FAIR (1–888–734–3247). DOT has a policy ensuring the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $155 million (which is the value equivalent of $100,000,000 in 1995, adjusted for inflation to 2014 levels) or more in any 1 year. Though this final rule will not result in such an expenditure, the Agency does discuss the effects of this rule elsewhere in this preamble. Paperwork Reduction Act This final rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520), nor does it revise any existing approved collections of information. 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 the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ FMCSA has determined that this rule would not have substantial direct costs on or for States, nor would it limit the policymaking discretion of States. Nothing in this document preempts any State law or regulation. Therefore, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism summary impact statement. E.O. 12988 (Civil Justice Reform) This final rule meets applicable standards in sections 3(a) and 3(b)(2) of E:\FR\FM\22JYR1.SGM 22JYR1 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations E.O. 12988 to minimize litigation, eliminate ambiguity, and reduce burden. significant and is not likely to have an adverse effect on the supply, distribution, or use of energy. E.O. 13045 (Protection of Children) E.O. 13045, Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies issuing ‘‘economically significant’’ rules, if the regulation also concerns an environmental health or safety risk that an agency has reason to believe may disproportionately affect children, to include an evaluation of the regulation’s environmental health and safety effects on children. The Agency determined this final rule is not economically significant. Therefore, no analysis of the impacts on children is required. In any event, this regulatory action does not pose an environmental or safety risk that could disproportionately affect children. E.O. 13175 (Indian Tribal Governments) E.O. 12630 (Taking of Private Property) FMCSA reviewed this final rule in accordance with E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and has determined it will not effect a taking of private property or otherwise have takings implications. Privacy Impact Assessment Section 522 of title I of division H of the Consolidated Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108–447, 118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to conduct a privacy impact assessment (PIA) of a regulation that will affect the privacy of individuals. This rule does not require the collection of personally identifiable information (PII), therefore the Agency finds that there will be no impact on the privacy of individuals. The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies and any non-Federal agency which receives records contained in a system of records from a Federal agency for use in a matching program. ehiers on DSK5VPTVN1PROD with RULES E.O. 12372 (Intergovernmental Review) The regulations implementing E.O. 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this action. E.O. 13211 (Energy Supply, Distribution, or Use) FMCSA analyzed this action under E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. FMCSA determined that it is not a ‘‘significant energy action’’ under that E.O. because it is not economically VerDate Sep<11>2014 14:57 Jul 21, 2016 Jkt 238001 This final rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. National Technology Transfer and Advancement Act (Technical Standards) The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) are standards that are developed or adopted by voluntary consensus standards bodies. This final rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. National Environmental Policy Act and Clean Air Act FMCSA analyzed this rule in accordance with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.) and FMCSA’s NEPA Implementing Procedures and Policy for Considering Environmental Impacts, Order 5610.1 (FMCSA Order), March 1, 2004 (69 FR 9680). FMCSA’s Order states that ‘‘[w]here FMCSA has no discretion to withhold or condition an action if the action is taken in accordance with specific statutory criteria and FMCSA lacks control and responsibility over the effects of an action, that action is not subject to this Order.’’ Id. at chapter 1(D). Because Congress specifies the Agency’s precise action here, thus leaving the Agency no discretion over such action, and since the Agency lacks jurisdiction and therefore control and responsibility over the effects of this action, this rulemaking falls under chapter 1(D). Therefore, no further analysis is considered. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 47719 In addition to the NEPA requirements to examine impacts on air quality, the Clean Air Act (CAA) as amended (42 U.S.C. 7401, et seq.) also requires FMCSA to analyze the potential impact of its actions on air quality and to ensure that FMCSA actions conform to State and local air quality implementation plans. This nondiscretionary action is expected to fall within the CAA de minimis standards and is not subject to the Environmental Protection Agency’s General Conformity Rule (40 CFR parts 51 and 93). Additionally, FMCSA evaluated the effects of this final rule in accordance with Executive Order 12898 and determined that there are no environmental justice issues associated with its provisions nor any collective environmental impacts resulting from its promulgation. Environmental justice issues would be raised if there were a ‘‘disproportionate’’ and ‘‘high and adverse impact’’ on minority or lowincome populations. This final rule is exempt from analysis under the National Environmental Policy Act. This final rule simply makes ministerial, mandatory changes and would not result in high and adverse environmental impacts. List of Subjects 49 CFR Part 365 Administrative practice and procedure, Brokers, Buses, Freight forwarders, Maritime carriers, Mexico, Motor Carriers, Moving of household goods. 49 CFR Part 381 Motor carriers. 49 CFR Part 383 Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety, Motor carriers. 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 Alcohol abuse, Drug abuse, Highway safety, Motor carriers. 49 CFR Part 393 Highway safety, Motor carriers, Motor vehicle safety. E:\FR\FM\22JYR1.SGM 22JYR1 47720 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 49 CFR Part 395 Highway safety, Motor carriers, Reporting and recordkeeping requirements. 49 CFR Part 396 Highway safety, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements. For the reasons stated in this preamble, FMCSA amends 49 CFR chapter III as set forth below: PART 365—RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY 1. The authority citation for part 365 is revised to read as follows: ■ Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901–13906, 14708, 31138, and 31144; sec. 5524 of Pub. L. 114–94, 129 Stat. 1312, 1560; and 49 CFR 1.87. 2. Amend § 365.101 by adding paragraph (j) to read as follows: ■ § 365.101 rules. Applications governed by these * * * * * (j) The rules in this part do not apply to ‘‘pipeline welding trucks’’ as defined in 49 CFR 390.38(b). PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 214 and 215 of Pub. L. 106–159, 113 Stat. 1748, 1766, 1767; sec. 1012(b) of Pub. L. 107–56, 115 Stat. 272, 297; sec. 4140 of Pub. L. 109–59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112–141, 126 Stat. 405, 830; sec. 7208 of Pub. L. 114–94, 129 Stat. 1312, 1593; and 49 CFR 1.87. 7. Amend § 383.3 by adding paragraph (i) to read as follows: ■ § 383.3 Applicability. * * * * * (i) Hazardous materials endorsement exemption for certain drivers transporting diesel. A State may waive the requirement for a holder of a Class A commercial driver’s license to obtain a hazardous materials endorsement under this part, if the license holder is: (1) Acting within the scope of the license holder’s employment, and within the State of domicile (or another State with a hazardous materials endorsement exemption) as an employee of a custom harvester operation, agrichemical business, farm retail outlet and supplier, or livestock feeder; and (2) Operating a service vehicle that is: (i) Transporting diesel in a quantity of 3,785 liters (1,000 gallons) or less; and (ii) Clearly marked with a ‘‘flammable’’ or ‘‘combustible’’ placard, as appropriate. ■ PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL Authority: 49 U.S.C. 31136(e) and 31315; and 49 CFR 1.87. ■ 4. Amend § 381.300 by revising paragraph (b) to read as follows: Authority: 49 U.S.C. 504, 508, 31132, 31133, 31134, 31136, 31137, 31144, 31151, 31502; sec. 114, Pub. L. 103–311, 108 Stat. 1673, 1677–1678; sec. 212, 217, 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. 1144, 1745; sec. 32101(d) and 32934, Pub. L. 112– 141, 126 Stat. 405, 778, 830; sec. 2, Pub. L. 113–125, 128 Stat. 1388; sec. 5403(d), 5518, 5524, Pub. L. 114–94, 129 Stat. 1312, 1548, 1558, 1560; and 49 CFR 1.81, 1.81a and 1.87. 3. The authority citation for part 381 continues to read as follows: ■ § 381.300 What is an exemption? * * * * * (b) An exemption provides the person or class of persons with relief from the regulations for up to 5 years, and may be renewed, upon request, for subsequent 5-year periods. * * * * * ■ 5. Add § 381.317 to read as follows: 8. The authority citation for part 390 is revised to read as follows: ■ If the Administrator denies your application for exemption and you can reasonably address the reasons for denial, you may resubmit your application following the procedures in § 381.310. ehiers on DSK5VPTVN1PROD with RULES § 381.317 May I resubmit my application for exemption if it is denied? § 390.38 trucks. PART 383—COMMERCIAL DRIVER’S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES 6. The authority citation for part 383 is revised to read as follows: ■ VerDate Sep<11>2014 14:57 Jul 21, 2016 Jkt 238001 9. Add § 390.38 to read as follows: Exemptions for pipeline welding (a) Federal requirements. A pipeline welding truck, as defined in paragraph (b) of this section, including the individuals operating such vehicle and the employer of such individual, is exempt from the following: (1) Any requirement relating to registration as a motor carrier, including the requirement to obtain and display a Department of Transportation number, in 49 CFR part 365 or 390. PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 (2) Any requirement relating to driver qualifications in 49 CFR part 391. (3) Any requirement relating to driving of commercial motor vehicles in 49 CFR part 392. (4) Any requirement relating to parts and accessories and inspection, repair, and maintenance of commercial motor vehicles in 49 CFR parts 393 and 396. (5) Any requirement relating to hours of service of drivers, including maximum driving and on duty time, found in 49 CFR part 395. (b) Definition. ‘‘Pipeline welding truck’’ means a motor vehicle that is travelling in the State in which the vehicle is registered or another State, is owned by a welder, is a pick-up style truck, is equipped with a welding rig that is used in the construction or maintenance of pipelines, and has a gross vehicle weight and combination weight rating and weight of 15,000 pounds or less. ■ 10. Amend § 390.39 by revising paragraph (b)(1) to read as follows: § 390.39 Exemptions for ‘‘covered farm vehicles.’’ * * * * * (b) State requirements—(1) In general. Federal transportation funding to a State may not be terminated, limited, or otherwise interfered with as a result of the State exempting a covered farm vehicle, including the individual operating that vehicle, from— (i) A requirement described in paragraph (a) of this section; or (ii) Any other minimum standard provided by a State relating to the operation of that vehicle. * * * * * PART 391—QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) DRIVER INSTRUCTORS 11. The authority citation for part 391 is revised to read as follows: ■ Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 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; sec. 5524 of Pub. L. 114–94, 129 Stat. 1312, 1560; and 49 CFR 1.87. 12. Revise § 391.2 by adding paragraph (e) to read as follows: ■ § 391.2 General exceptions. * * * * * (e) Pipeline welding trucks. The rules in this part do not apply to drivers of ‘‘pipeline welding trucks’’ as defined in 49 CFR 390.38(b). E:\FR\FM\22JYR1.SGM 22JYR1 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations PART 392—DRIVING OF COMMERCIAL MOTOR VEHICLES 13. The authority citation for part 392 is revised 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); sec. 5524 of Pub. L. 114–94, 129 Stat. 1312, 1560; and 49 CFR 1.87. 14. Revise § 392.1 by designating the existing text as paragraph (a) and adding paragraph (b) to read as follows: ■ § 392.1 Scope of the rules in this part. * * * * * (b) The rules in this part do not apply to drivers of ‘‘pipeline welding trucks’’ as defined in 49 CFR 390.38(b). PART 393—PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION 15. The authority citation for part 393 is revised to read as follows: ■ Authority: 49 U.S.C. 31136, 31151, and 31502; sec. 1041(b) of Pub. L. 102–240, 105 Stat. 1914, 1993 (1991); sec. 5524 of Pub. L. 114–94, 129 Stat. 1312, 1560; and 49 CFR 1.87. 16. Revise § 393.1 by adding paragraph (e) to read as follows: ■ § 393.1 Scope of the rules in this part. * * * * * (e) The rules in this part do not apply to ‘‘pipeline welding trucks’’ as defined in 49 CFR 390.38(b). PART 395—HOURS OF SERVICE OF DRIVERS 17. The authority citation for part 395 is revised 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; sec. 5206(b) of Pub. L. 114–94, 129 Stat. 1312, 1537; and 49 CFR 1.87. 18. Amend § 395.1 by revising paragraph (e)(1) and adding paragraphs (t), (u), (v), (w), and (x), to read as follows: ■ ehiers on DSK5VPTVN1PROD with RULES § 395.1 Scope of rules in this part. * * * * * (e) Short-haul operations—(1) 100 airmile radius driver. A driver is exempt from the requirements of § 395.8 if: (i) The driver operates within a 100 air-mile radius of the normal work reporting location; VerDate Sep<11>2014 14:57 Jul 21, 2016 Jkt 238001 (ii)(A) The driver, except a driversalesperson or a driver of a ready-mixed concrete delivery vehicle, returns to the work reporting location and is released from work within 12 consecutive hours; (B) The driver of a ready-mixed concrete delivery vehicle returns to the work reporting location and is released from work within 14 consecutive hours; (iii)(A) A property-carrying commercial motor vehicle driver, except the driver of a ready-mixed concrete delivery vehicle, has at least 10 consecutive hours off duty separating each 12 hours on duty; (B) A driver of a ready-mixed concrete delivery vehicle has at least 10 consecutive hours off duty separating each 14 hours on duty; (C) A passenger-carrying commercial motor vehicle driver has at least 8 consecutive hours off duty separating each 12 hours on duty; (iv)(A) A property-carrying commercial motor vehicle driver, except the driver of a ready-mixed concrete delivery vehicle, does not exceed the maximum driving time specified in § 395.3(a)(3) following 10 consecutive hours off duty; or (B) A driver of a ready-mixed concrete delivery vehicle does not exceed 11 hours maximum driving time following 10 consecutive hours off duty; or (C) A passenger-carrying commercial motor vehicle driver does not exceed 10 hours maximum driving time following 8 consecutive hours off duty; and (v) The motor carrier that employs the driver maintains and retains for a period of 6 months accurate and true time records showing: (A) The time the driver reports for duty each day; (B) The total number of hours the driver is on duty each day; (C) The time the driver is released from duty each day; and (D) The total time for the preceding 7 days in accordance with § 395.8(j)(2) for drivers used for the first time or intermittently. * * * * * (t) Ready-mixed concrete delivery vehicle. A driver of a ready-mixed concrete delivery vehicle subject to the requirement for a 30-minute rest break in § 395.3(a)(3)(ii) may use 30-minutes or more of time spent while waiting with the commercial motor vehicle at a job site or terminal to meet the requirement for the 30-minute rest break, providing the driver performs no other work during the break. (u) Transport of commercial bees. The provisions of § 395.3(a)(3)(ii), requiring a 30-minute rest break, do not apply to a driver engaged in the interstate PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 47721 transportation of bees by commercial motor vehicle as long as the bees are on the vehicle. (v) Transport of livestock. The provisions of § 395.3(a)(3)(ii), requiring a 30-minute rest break, do not apply to a driver engaged in the interstate transportation of livestock by commercial motor vehicle while the livestock are on the vehicle. (w) Hi-rail vehicles. For the driver of a hi-rail vehicle, the maximum on duty time under § 395.3 shall not include time in transportation to or from a duty assignment if such time in transportation— (1) Does not exceed 2 hours per calendar day or a total of 30 hours per calendar month; and (2) Is fully and accurately accounted for in records to be maintained by the motor carrier and such records are made available upon request of the Federal Motor Carrier Safety Administration or the Federal Railroad Administration. (x) Pipeline welding trucks. The rules in this part do not apply to drivers of ‘‘pipeline welding trucks,’’ as defined in 49 CFR 390.38(b). ■ 19. Amend § 395.2 by revising the first sentence in the definition of ‘‘Transportation of construction materials and equipment’’ and by adding definitions of ‘‘Hi-rail vehicle,’’ ‘‘Livestock,’’ and ‘‘Ready-mixed concrete delivery vehicle,’’ in alphabetical order, to read as follows: § 395.2 Definitions. * * * * * Hi-rail vehicle means an internal rail flaw detection vehicle equipped with flange hi-rails. Livestock means cattle, elk, reindeer, bison, horses, deer, sheep, goats, swine, poultry (including egg-producing poultry), fish used for food, and other animals designated by the Secretary of Agriculture that are part of a foundation herd (including dairy producing cattle) or offspring; or are purchased as part of a normal operation and not to obtain additional benefits under the Emergency Livestock Feed Assistance Act of 1988, as amended. * * * * * Ready-mixed concrete delivery vehicle means a vehicle designed to deliver ready-mixed concrete on a daily basis and equipped with a mechanism under which the vehicle’s propulsion engine provides the power to operate a mixer drum to agitate and mix the product en route to the delivery site. * * * * * Transportation of construction material and equipment means the transportation of construction and E:\FR\FM\22JYR1.SGM 22JYR1 47722 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations pavement materials, construction equipment, and construction maintenance vehicles, by a driver to or from an active construction site (a construction site between mobilization of equipment and materials to the site to the final completion of the construction project) within a 75 air mile radius of the normal work reporting location of the driver, except that a State, upon notice to the Administrator, may establish a different air mile radius limitation for purposes of this definition if such limitation is between 50 and 75 air miles and applies only to movements that take place entirely within the State. * * * * * * * * ■ 20. Amend § 395.8 by revising paragraph (a)(1)(iii)(A) to read as follows. § 395.8 Driver’s record of duty status. (a)(1) * * * (iii)(A) A motor carrier may require a driver to record the driver’s duty status manually in accordance with this section, rather than require the use of an ELD, if the driver is operating a commercial motor vehicle: (1) In a manner requiring completion of a record of duty status on not more than 8 days within any 30-day period; (2) In a driveaway-towaway operation in which the vehicle being driven is part of the shipment being delivered; (3) In a driveaway-towaway operation in which the vehicle being transported is a motor home or a recreation vehicle trailer; or (4) That was manufactured before model year 2000. * * * * * PART 396—INSPECTION, REPAIR, AND MAINTENANCE 21. The authority citation for part 396 is revised to read as follows: ■ Authority: 49 U.S.C. 504, 31133, 31136, 31151, and 31502; sec. 32934, Pub. L. 112– 141, 126 Stat. 405, 830; sec. 5524 of Pub. L. 114–94, 129 Stat. 1312, 1560; and 49 CFR 1.87. 22. Revise § 396.1 by adding paragraph (d) to read as follows: ■ § 396.1 Scope. * * * * (d) The rules in this part do not apply to ‘‘pipeline welding trucks’’ as defined in 49 CFR 390.38(b). ehiers on DSK5VPTVN1PROD with RULES * Issued under the authority of delegation in 49 CFR 1.87: July 14, 2016. T.F. Scott Darling, III, Acting Administrator. [FR Doc. 2016–17114 Filed 7–21–16; 8:45 am] BILLING CODE 4910–EX–P VerDate Sep<11>2014 14:57 Jul 21, 2016 Jkt 238001 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 393 and 396 and Appendix G to Subchapter B of Chapter III [Docket No. FMCSA–2015–0176] RIN 2126–AB81 Parts and Accessories Necessary for Safe Operation; Inspection, Repair, and Maintenance; General Amendments Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. AGENCY: FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) in response to several petitions for rulemaking from the Commercial Vehicle Safety Alliance (CVSA) and the American Trucking Associations (ATA), and two safety recommendations from the National Transportation Safety Board (NTSB). Specifically, the Agency adds a definition of ‘‘major tread groove’’ and an illustration to indicate the location of tread wear indicators or wear bars on a tire signifying a major tread groove; revises the rear license plate lamp requirement to eliminate the requirement for an operable rear license plate lamp on vehicles when there is no rear license plate present; amends the regulations regarding tires to prohibit the operation of a vehicle with speedrestricted tires at speeds that exceed the rated limit of the tire; provides specific requirements regarding when violations or defects noted on an inspection report must be corrected; amends two appendixes to the FMCSRs to include provisions for the inspection of antilock braking systems (ABS) and automatic brake adjusters, speed-restricted tires, and motorcoach passenger seat mounting anchorages; amends the periodic inspection rules to eliminate the option for a motor carrier to satisfy the annual inspection requirement through a violation–free roadside inspection; and amends the inspector qualification requirements as a result of the amendments to the periodic inspection rules. In addition, the Agency eliminates introductory regulatory text from an appendix to the FMCSRs because the discussion of the differences between the North American Standard Inspection out-of-service criteria and FMCSA’s periodic inspection criteria is unnecessary. SUMMARY: PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 The rule is effective July 22, 2016. Petitions for Reconsideration of this final rule must be submitted to the FMCSA Administrator no later than August 22, 2016. FOR FURTHER INFORMATION CONTACT: Mr. Mike Huntley, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, telephone: 202–366– 5370; michael.huntley@dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: DATES: I. Rulemaking Documents A. Availability of Rulemaking Documents For access to docket FMCSA–2015– 0176 to read background documents and comments received, go to http:// www.regulations.gov at any time, or to Docket Services at U.S. Department of Transportation, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. B. Privacy Act In accordance with 5 U.S.C. 553(c), DOT accepts comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. II. Executive Summary FMCSA is responsible for regulations to ensure that all commercial motor vehicles (CMVs) are systematically inspected, repaired, and maintained and that all parts and accessories necessary for the safe operation of CMVs are in safe and proper operating condition at all times. In response to several petitions for rulemaking from CVSA and ATA and two safety recommendations from the NTSB, FMCSA amends various provisions in parts 393 and 396 of the FMCSRs. The amendments generally do not involve the establishment of new or more stringent requirements, but instead clarify existing requirements to increase consistency of enforcement activities, and therefore the economic impact of these changes is negligible. Specifically, the Agency (1) adds a definition of ‘‘major tread groove’’ in § 393.5 and an illustration in § 393.75 to E:\FR\FM\22JYR1.SGM 22JYR1

Agencies

[Federal Register Volume 81, Number 141 (Friday, July 22, 2016)]
[Rules and Regulations]
[Pages 47714-47722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17114]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 365, 381, 383, 390, 391, 392, 393, 395, and 396

[Docket No. FMCSA-2016-0091]
RIN 2126-AB89


Amendments To Implement Certain Provisions of the Fixing 
America's Surface Transportation Act or ``FAST Act''

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

ACTION: Final rule.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
adopts, as final, certain regulations required by the Fixing America's 
Surface Transportation Act (FAST Act) enacted on December 4, 2015. The 
statutory changes went into effect on October 1, 2015, retroactively, 
and require that FMCSA make conforming changes to its regulations to 
ensure they are current and consistent with the statutory requirements. 
Adoption of these rules is a nondiscretionary, ministerial action that 
FMCSA may take without issuing a notice of proposed rulemaking and 
receiving public comment, in accordance with the good cause exception 
available to Federal agencies under the Administrative Procedure Act 
(APA).

DATES: This final rule is effective July 22, 2016. Petitions for 
Reconsideration must be received by the Agency no later than August 22, 
2016.

ADDRESSES: Petitions for reconsideration must be submitted to: 
Administrator, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.

FOR FURTHER INFORMATION CONTACT: Kathryn Sinniger, Federal Motor 
Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, 
DC 20590; by telephone at (202) 493-0908, or by electronic mail at 
kathryn.sinniger@dot.gov. If you have questions regarding the docket, 
call Docket Services, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Purpose and Summary of the Major Provisions

    This rule makes nondiscretionary, ministerial changes to FMCSA 
regulations that are required by the FAST Act (Pub. L. 114-94, 129 
Stat. 1312, December 4, 2015). The FAST Act made several notable 
changes to the authorities implemented by requirements in the Code of 
Federal Regulations (CFR). For example, it exempts welding trucks used 
in the construction and maintenance of pipelines from FMCSA's 
regulations. It excepts drivers of ready-mixed concrete trucks and hi-
rail vehicles, as well as

[[Page 47715]]

drivers of commercial motor vehicles (CMVs) transporting livestock and 
bees, from some of the hours of service (HOS) requirements in 49 CFR 
part 395. It also extends the length of the time (from 2 years to 5 
years) that an exemption or renewal of an exemption may provide relief 
from the regulations.
    A full explanation of all changes made in this rule is included 
below in section III. Fast Act Provisions Implemented by this 
Rulemaking. A copy of the FAST Act has been placed in the docket for 
this rulemaking for reference.

B. Benefits and Costs

    The economic impact of this rule's provisions, considered both 
individually and in the aggregate, does not rise to the level of 
economic significance, and a cost-benefit analysis is therefore not 
required.

II. Legal Basis for the Rulemaking

A. FAST Act

    This rule is based on the FAST Act. Certain provisions of the FAST 
Act made mandatory, non-discretionary changes to FMCSA programs. The 
majority of these statutory changes went into effect on October 1, 
2015, while others will go into effect on October 1, 2016.\1\ This rule 
makes only those changes that went into effect on October 1, 2015, that 
can be implemented without prior notice and opportunity for comment as 
addressed in section II(B) below. Publication of today's rule triggers 
the 3-year period during which the States are required to adopt 
compatible provisions under FMCSA's Motor Carrier Safety Assistance 
Program (MCSAP). 49 CFR 350.331(d), 350.335(b), and part 355, appendix 
A.
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    \1\ See FAST Act section 1003 (establishing October 1, 2015, as 
the effective date for all provisions in Division A of the Act, 
covering Surface Transportation) (Pub. L. 114-94, 129 Stat. 1312, 
1322, December 4, 2015) and section 5101 (establishing October 1, 
2016 as the effective for the changes made in that section) (Pub. L. 
114-94, 129 Stat. 1312, 1514, December 4, 2015).
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    At a later date, before October 1, 2016, the Agency will issue 
another final rule to implement additional ministerial requirements 
that will become effective on October 1, 2016.\2\ The Agency also 
expects that there will be rulemakings required to address additional 
provisions of the FAST Act, where Congress either provided the Agency 
with some discretion regarding implementation, or specifically required 
that notice and comment rulemaking procedures be followed.
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    \2\ See FAST Act section 5101 (Pub. L. 114-94, 129 Stat. 1312, 
1514, December 4, 2015), which includes the amendments that become 
effective on October 1, 2016.
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    It is necessary to make conforming changes to ensure that FMCSA's 
regulations are current and consistent with the applicable statutes. 
The provisions implemented in this final rule are from the following 
sections of the FAST Act, which impacted Title 49, United States Code 
(U.S.C.):
    1. Section 5206 Applications.
    2. Section 5507 Electronic Logging Device Requirements.
    3. Section 5518 Covered Farm Vehicles.
    4. Section 5519 Operators of Hi-Rail Vehicles.
    5. Section 5521 Ready Mix Concrete Delivery Vehicles.
    6. Section 5522 Transportation of Construction Materials and 
Equipment.
    7. Section 5524 Exemptions from Requirements for Certain Welding 
Trucks Used in Pipeline Industry.
    8. Section 7208 Hazardous Materials Endorsement Exemption.
    FMCSA is authorized to implement these statutory provisions by 
delegation from the Secretary of Transportation in 49 CFR 1.87.

B. Administrative Procedure Act

    Generally, agencies may promulgate final rules only after issuing a 
notice of proposed rulemaking and providing an opportunity for public 
comment under procedures required by the APA [5 U.S.C. 553(b) and (c)]. 
Section 553(b)(3)(B) allows an exception from these requirements when 
notice and public comment procedures are ``impracticable, unnecessary, 
or contrary to the public interest.'' FMCSA finds that prior notice and 
an opportunity for comment are unnecessary because the changes adopted 
in this final rule are statutorily mandated, and the Agency is 
performing a nondiscretionary, ministerial act. For these same reasons, 
the rule will be effective upon publication, as these statutory changes 
went into effect on October 1, 2015 [5 U.S.C. 553(d)].

C. FAST Act Waiver of Advance Notice of Proposed Rulemaking/Negotiated 
Rulemaking

    FMCSA is aware of the regulatory reform requirements imposed by 
section 5202 of the FAST Act concerning public participation in 
rulemaking (49 U.S.C. 31136(g)). These requirements pertain to certain 
major rules, but because this final rule is not major, they are not 
applicable. In any event, the Agency finds that, for the reasons stated 
below, publication of an advance notice of proposed rulemaking under 49 
U.S.C. 31136(g)(1)(A), or a negotiated rulemaking under 49 U.S.C. 
31136(g)(1)(B), is unnecessary and contrary to the public interest in 
accordance with the waiver provision in 49 U.S.C. 31136(g)(3).

III. Fast Act Provisions Implemented by This Rulemaking

    This section describes those portions of the FAST Act that require 
FMCSA to make conforming changes to the regulations, which are also 
listed here. These regulatory changes are non-discretionary; in other 
words, the FAST Act provided all of the necessary content of the 
regulations. As noted in the executive summary, there are additional 
regulatory changes that will be required by the FAST Act, but those 
either have a later effective date, will require FMCSA to exercise some 
degree of discretion, or are required to be subject to notice and 
comment.
    FMCSA has included here a table of affected CFR sections, which 
will cross-reference corresponding requirements of the FAST Act. This 
table will make it easier for the reader to move back and forth between 
the revised regulations and the corresponding section(s) of the FAST 
Act.

                     Table of CFR Sections Affected
------------------------------------------------------------------------
              CFR section                        FAST Act section
------------------------------------------------------------------------
365.101(j) (new).......................  5524 [129 Stat. 1312, 1560].
381.300(b).............................  5206(a)(3) [129 Stat. 1312,
                                          1537].
381.317 (new)..........................  5206(a)(3) [129 Stat. 1312,
                                          1537].
383.3(i) (new).........................  7208 [129 Stat. 1312, 1593].
390.38 (new)...........................  5524 [129 Stat. 1312, 1560].
390.39(b)(1)...........................  5518 [129 Stat. 1312, 1558].
391.2(e) (new).........................  5524 [129 Stat. 1312, 1560].
392.1(b) (new).........................  5524 [129 Stat. 1312, 1560].

[[Page 47716]]

 
393.1(e) (new).........................  5524 [129 Stat. 1312, 1560].
395.1(e)...............................  5521 [129 Stat. 1312, 1559].
395.1(t) (new).........................  5206(b)(1)(A) [129 Stat. 1312,
                                          1537].
395.1(u) (new).........................  5206(b)(1)(B) [129 Stat. 1312,
                                          1537].
395.1(v) (new).........................  5206(b)(1)(C) [129 Stat. 1312,
                                          1537].
395.1(w) (new).........................  5519 [129 Stat. 1312, 1558].
395.1(x) (new).........................  5524 [129 Stat. 1312, 1560].
395.2..................................  5206(b)(1)(A), 5206(b)(1)(C),
                                          5519, 5522 [129 Stat. 1312,
                                          1537, 1558,1559].
395.8..................................  5507 [129 Stat. 1312, 1553].
396.1(d) (new).........................  5524 [129 Stat. 1312, 1560].
------------------------------------------------------------------------

Section 5206 Applications

    Previously, 49 U.S.C. 31315(b) allowed an exemption from a 
regulation for no longer than 2 years from its approval date, and 
allowed an exemption to be renewed upon application to the Secretary 
for subsequent periods of no more than 2 years. Section 5206(a)(3) of 
the FAST Act amends section 31315(b) to allow an exemption to be 
granted for no longer than 5 years and to be renewed, upon request, for 
subsequent periods no longer than 5 years, if the Secretary finds that 
such an exemption would likely achieve an equivalent, or greater, level 
of safety. This rulemaking changes Sec.  381.300(b) to allow exemptions 
for up to 5 years that may be renewed for subsequent periods of up to 5 
years.
    Section 5206(a)(3) of the FAST Act also added subsection (b)(3) to 
49 U.S.C. 31315 to permit an applicant whose application for exemption 
has been denied to resubmit the application addressing the reason for 
denial. FMCSA adds a new Sec.  381.317 describing this process.
    Section 5206(b)(1) of the FAST Act made permanent three existing 
exemptions from the 30-minute rest break requirements in Sec.  
395.3(a)(3)(ii). The first was granted to the National Ready Mixed 
Concrete Association (80 FR 17819, April 2, 2015). In this rulemaking, 
FMCSA adds new Sec.  395.1(t) allowing a driver of a ready-mixed 
concrete delivery vehicle to use time spent waiting with the vehicle at 
a job site or terminal to meet the requirement for a 30-minute rest 
break. The driver may not perform any other work during this time 
waiting. FMCSA also adds a definition of ``ready mix concrete delivery 
vehicle'' to Sec.  395.2, to reflect the definition in related section 
5521 of the FAST Act, Ready Mix Concrete Delivery Vehicles, which is 
discussed below.
    The second exemption, also from the requirements in Sec.  
395.3(a)(3)(ii), was granted to the California Farm Bureau Federation 
(80 FR 35425, June 19, 2015). In this rule, FMCSA adds new Sec.  
395.1(u) that provides that the 30-minute rest break requirements do 
not apply to a driver transporting bees in interstate commerce if there 
are bees on the vehicle.
    The third exemption from the 30-minute rest break was granted to 
the Agricultural and Food Transporters Conference (AFTC) of the 
American Trucking Associations (80 FR 33584, June 12, 2015). In this 
rulemaking, FMCSA implements this requirement of the Act by adding new 
Sec.  395.1(v) that provides that the 30-minute rest break requirements 
do not apply to a driver transporting livestock while the livestock are 
on the vehicle. FMCSA also adds a definition of livestock to Sec.  
395.2, to reflect the classification in the regulatory exemption 
developed in response to the AFTC petition.

Section 5507 Electronic Logging Device Requirements

    Section 5507 of the FAST Act amends 49 U.S.C. 31137(b) to provide 
an exception for motor carriers transporting a motor home or recreation 
vehicle trailer in a driveaway-towaway operation, as defined in 49 CFR 
390.5. Under this provision, a motor carrier could comply with the HOS 
requirements by using either a paper record of duty status form or an 
electronic logging device. FMCSA changes Sec.  395.8(a)(1)(iii)(A) by 
adding this new exception.

Section 5518 Covered Farm Vehicles

    Previously, section 32934(b)(1) of the Moving Ahead for Progress 
for the 21st Century Act (MAP-21) (Pub. L. 112-141, 126 Stat. 405, 830, 
July 6, 2012; 49 U.S.C. 31136 note) provided that Federal 
transportation funding to a State could not be terminated, limited, or 
interfered with because the State exempts a covered farm vehicle, 
including its operator, from ``any State requirement relating to the 
operation of that vehicle.'' The term ``covered farm vehicle'' is 
defined in section 32924(c) of MAP-21. Section 5518 of the FAST Act 
amends section 32934(b)(1) of MAP-21 to specify that the requirements 
are those in section 32934(a) or any other minimum standard provided by 
a State relating to the operation of that vehicle. The specific 
requirements outlined in section 32934(a) of MAP-21 exempt a covered 
farm vehicle and its driver from any requirement relating to (1) 
operating with a commercial driver's license (CDL) or drug and alcohol 
testing established under 49 U.S.C. chapter 313; (2) medical 
certificates established under 49 U.S.C. chapter 311, subchapter III, 
or 49 U.S.C. chapter 313; and (3) HOS and vehicle inspection, repair, 
and maintenance established under 49 U.S.C. chapter 311, subchapter 
III, or 49 U.S.C. chapter 315. The Agency revises Sec.  390.39(b)(1) to 
reflect these changes, which should clarify which exemptions found in 
State laws for covered farm vehicles may not be taken into 
consideration during Federal grants management.

Section 5519 Operators of Hi-Rail Vehicles

    For the CMV driver of a hi-rail vehicle who is subject to the HOS 
regulations in 49 CFR part 395, section 5519 of the FAST Act provides 
that the maximum on-duty time under Sec.  395.3 shall not include 
certain time in transportation to or from a duty assignment. Time in 
transportation, to or from a duty assignment, will not be included in 
the 14 hours on-duty time under Sec.  395.3(a)(2) if (1) it does not 
exceed 2 hours per calendar day or a total of 30 hours per calendar 
month, and (2) the motor carrier fully and accurately accounts for this 
time in the records it maintains and makes such records available to 
FMCSA or the Federal Railroad Administration upon request. Section 
5519(b) defines ``hi-rail vehicle'' as ``an internal rail flaw 
detection vehicle equipped with flange hi-rails.''

[[Page 47717]]

    FMCSA adds a new paragraph (w) to Sec.  395.1 to reflect this 
exception. In addition, FMCSA adds a definition of hi-rail vehicle to 
Sec.  395.2.

Section 5521 Ready Mix Concrete Delivery Vehicles

    Section 5521 of the FAST Act amends 49 U.S.C. 31502 by adding a new 
subsection (f) that exempts drivers of ready-mixed concrete delivery 
vehicles from keeping records of duty status under certain 
circumstances. The driver of the ready-mixed concrete delivery vehicle 
must (1) operate within a 100-mile radius of the normal work reporting 
location; (2) return to the work reporting location and be released 
from work within 14 consecutive hours; (3) have at least 10 hours off 
duty following each 14 hours on duty; and (4) not exceed 11 hours of 
driving time following 10 consecutive hours off duty. The motor carrier 
that employs the driver must keep accurate time records. This change 
essentially allows the driver of a ready-mixed concrete truck to use 
the short-haul exception in Sec.  395.1(e)(1), but with a 14-hour on-
duty period. Section 5521 also adds a definition of ``driver of a ready 
mixed concrete delivery vehicle.''
    FMCSA revises Sec.  395.1(e)(1) to reflect new 49 U.S.C. 
31502(f)(1). The Agency also adds a new definition of ``ready-mixed 
concrete delivery vehicle'' to Sec.  395.2. ``Driver'' is already 
defined in Sec.  390.5.

Section 5522 Transportation of Construction Materials and Equipment

    Section 5522 of the FAST Act amends section 229(e)(4) of the Motor 
Carrier Safety Improvement Act of 1999, as transferred and amended (49 
U.S.C. 31136 note), which is the definition of transportation of 
construction materials and equipment. That definition provided that, 
for a driver who transports construction materials and equipment within 
a 50 air mile radius of the normal work reporting location of the 
driver, any period of 7 or 8 consecutive days may end with the 
beginning of any off-duty period of 24 or more successive hours. The 
FAST Act increases this to a 75 air mile radius. The Act also allows a 
State to establish a different air mile radius limitation if such 
limitation is between 50 and 75 air miles and applies only to movements 
that take place entirely within the State. FMCSA changes the definition 
of transportation of construction materials and equipment in Sec.  
395.2 to conform to this change.

Section 5524 Exemptions From Requirements for Certain Welding Trucks 
Used in Pipeline Industry

    Section 5524 of the FAST Act defines a welding truck used in the 
pipeline industry as a pick-up style truck, owned by a welder, equipped 
with a welding rig that is used in the construction or maintenance of 
pipelines, and that has a gross vehicle weight and combination weight 
rating and weight of 15,000 pounds or less. Section 5524 exempts the 
operator of such a vehicle and the operator's employer from any 
requirement relating to: (1) Registration as a motor carrier, including 
obtaining and displaying a U.S. Department of Transportation (DOT) 
number (49 U.S.C. chapters 139 and 311); (2) driver qualifications (49 
U.S.C. chapter 311); (3) driving a CMV (49 U.S.C. chapter 311); (4) 
parts and accessories and inspection, repair, and maintenance of CMVs 
(49 U.S.C. chapter 311); and HOS of drivers, including maximum driving 
and on duty time (49 U.S.C. chapter 315). To reflect this section of 
the FAST Act, FMCSA adds new Sec.  390.38 that excepts welding trucks, 
equipped with a welding rig used in the construction and maintenance of 
pipelines, from the requirements in 49 CFR parts 365, 390, 391, 392, 
393, 395, and 396. The new Sec.  390.38 also defines ``pipeline welding 
trucks'' to conform to the FAST Act.
    The Agency also adds specific exemptions in each of the parts 
listed in new Sec.  390.38, to ensure that the exemption is clear. 
These new exemptions are found at: Sec. Sec.  365.101(j) (exemption 
from requirement to apply for operating authority in part 365); 391.2 
(e) (exemption from minimum qualifications for CMV drivers in part 
391); 392.1 (b) (exemption from CMV operating rules in part 392); 
393.1(e) (exemption from parts and accessories requirements in part 
393); 395.1(x) (exemption from the HOS rules in part 395); and 396.1(d) 
(exemption from inspection, repair, and maintenance requirements in 
part 396).

Section 7208 Hazardous Materials Endorsement Exemption

    Section 7208 of the FAST Act provides that the Secretary allow a 
State, at its discretion, to waive the requirement for a holder of a 
Class A CDL to obtain a hazardous materials endorsement to transport 
1,000 gallons or less of diesel fuel. A State may waive the requirement 
if the license holder is (1) acting within the scope of the license 
holder's employment as an employee of a custom harvester operation, 
agrichemical business, farm retail outlet and supplier, or livestock 
feeder; and (2) is operating a service vehicle that is transporting 
diesel in a quantity of 3,785 liters (1,000 gallons) or less and that 
is clearly marked with a ``flammable'' or ``combustible'' placard, as 
appropriate. FMCSA adds a new paragraph (i) to Sec.  383.3 to reflect 
this exemption. Note that if a State exercises this discretion, a 
driver may still be required to obtain a hazardous materials 
endorsement if they travel to a State that has not opted to waive the 
requirement.

IV. This Final Rule

    This rule adopts as final certain regulations required by the FAST 
Act. These statutory changes went into effect retroactively on October 
1, 2015. Because adoption of these rules is a nondiscretionary, 
ministerial action, FMCSA did not issue an NPRM or receive public 
comment.

V. Section-by-Section Analysis

A. Part 365

    In Sec.  365.101, paragraph (j) is added to exempt pipeline welding 
trucks from the rules of part 365.

B. Part 381

    In Sec.  381.300, paragraph (b) is revised, changing the timeframe 
from 2 years to 5 years.
    Section 381.317 is added to allow an application for exemption to 
be resubmitted if it has been denied.

C. Part 383

    In Sec.  383.3, a new paragraph (i) is added to provide that a 
State may waive the requirement that a driver obtain a hazardous 
materials endorsement to transport diesel fuel under certain 
circumstances.

D. Part 390

    FMCSA adds new Sec.  390.38 to exempt pipeline welding trucks from 
certain requirements of the FMCSRs. Paragraph (a) describes those parts 
of the FMCSRs from which the pipeline welding truck is exempt. 
Paragraph (b) provides a definition of ``pipeline welding truck.''
    In Sec.  390.39, paragraph (b)(1) is revised to reflect changes in 
the statutes concerning exemptions found in State laws for covered farm 
vehicles.

E. Part 391

    In Sec.  391.2, paragraph (e) is added to exempt drivers of 
pipeline welding trucks from the rules of part 391.

F. Part 392

    In Sec.  392.1, the existing text is designated as paragraph (a), 
and a paragraph (b) is added to exempt drivers of pipeline welding 
trucks from the rules of part 392.

[[Page 47718]]

G. Part 393

    In Sec.  393.1, paragraph (e) is added to exempt pipeline welding 
trucks from the rules of part 393.

H. Part 395

    FMCSA makes a number of changes to Sec.  395.1 to exempt certain 
operations from aspects of the hours of service rules. Paragraph (e)(1) 
is changed to provide that drivers of ready-mixed concrete delivery 
vehicles who are on duty for 14 consecutive hours may be exempt from 
the requirements of Sec.  395.8.
    Section 395.1(t) is added to allow the driver of a ready-mixed 
concrete delivery vehicle to use 30-minutes or more of time spent 
waiting with the vehicle to meet the requirement for the 30-minute rest 
break in Sec.  395.3(a)(3)(ii). Paragraphs (u) and (v) are added to 
exempt drivers engaged in the interstate transportation of bees or 
livestock, respectively, from the requirement for a 30-minute rest 
break. FMCSA adds paragraph (w) to provide that on-duty time for the 
driver of a hi-rail vehicle does not include time in transportation to 
or from a duty assignment under certain circumstances. Paragraph (x) 
exempts drivers of pipeline welding trucks from the rules of part 395.
    The definitions in Sec.  395.2 are changed to conform to the 
changes in the statutes. FMCSA adds definitions of ``hi-rail vehicle,'' 
``livestock,'' and ``ready-mixed concrete delivery vehicle.'' FMCSA 
changes the definition of ``transportation of construction material and 
equipment'' to increase the air mile radius to the normal work 
reporting location. The definition is also changed to allow the States 
to establish a different air mile radius limitation upon notice to the 
Administrator.
    Section 395.8(a) is changed to allow a motor carrier to require the 
driver transporting a motor home or recreation vehicle trailer, in a 
driveaway-towaway operation, to record his or her records of duty 
status manually.

I. Part 396

    In Sec.  396.1, paragraph (d) is added to exempt pipeline welding 
trucks from the rules of part 396.

VI. Rulemaking Analyses

Executive Order 12866 (Regulatory Planning and Review and DOT 
Regulatory Policies and Procedures as Supplemented by E.O. 13563)

    FMCSA has determined this final rule is not a significant 
regulatory action within the meaning of Executive Order (E.O.) 12866, 
as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), and is 
also not significant within the meaning of DOT regulatory policies and 
procedures (44 FR 11034, February 26, 1979). As explained above, this 
final rule is strictly ministerial in that it incorporates 
nondiscretionary statutory requirements. These statutory changes went 
into effect retroactively on October 1, 2015. The regulatory changes 
included in this rule are necessary to make FMCSA's regulations 
consistent with the FAST Act and their economic impact will not exceed 
the $100 million annual threshold. Any costs associated with this 
action are attributable to the non-discretionary statutory provisions. 
This final rule is not expected to generate substantial congressional 
or public interest. Therefore, a full regulatory impact analysis has 
not been conducted nor has there been a review by the Office of 
Management and Budget (OMB).
    Although a full regulatory evaluation is unnecessary because of the 
low economic impact of this rulemaking, FMCSA analyzed the cost impact 
of the FAST Act provisions implemented by this final rule. This rule's 
provisions generally provided exemptions to FMCSA regulations and 
should ease the economic burden on regulated entities. The impacts of 
these provisions should be small and affect a small number of 
individuals and businesses.

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 
601 et seq.), as amended by the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FMCSA is not 
required to prepare a final regulatory flexibility analysis under 5 
U.S.C. 604(a) for this final rule because the Agency has not issued a 
notice of proposed rulemaking prior to this action. FMCSA has 
determined that it has good cause to adopt the rule without notice and 
comment.

Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities 
in understanding this rule so that they can better evaluate its effects 
on themselves and participate in the rulemaking initiative. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult the FMCSA point of contact, 
Kathryn Sinniger, listed in the FOR FURTHER INFORMATION CONTACT section 
of this rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the SBA's Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-
734-3247). DOT has a policy ensuring the rights of small entities to 
regulatory enforcement fairness and an explicit policy against 
retaliation for exercising these rights.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $155 million (which is the 
value equivalent of $100,000,000 in 1995, adjusted for inflation to 
2014 levels) or more in any 1 year. Though this final rule will not 
result in such an expenditure, the Agency does discuss the effects of 
this rule elsewhere in this preamble.

Paperwork Reduction Act

    This final rule calls for no new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), nor does it 
revise any existing approved collections of information.

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 the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government.''
    FMCSA has determined that this rule would not have substantial 
direct costs on or for States, nor would it limit the policymaking 
discretion of States. Nothing in this document preempts any State law 
or regulation. Therefore, this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism summary impact 
statement.

E.O. 12988 (Civil Justice Reform)

    This final rule meets applicable standards in sections 3(a) and 
3(b)(2) of

[[Page 47719]]

E.O. 12988 to minimize litigation, eliminate ambiguity, and reduce 
burden.

E.O. 13045 (Protection of Children)

    E.O. 13045, Protection of Children from Environmental Health Risks 
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies 
issuing ``economically significant'' rules, if the regulation also 
concerns an environmental health or safety risk that an agency has 
reason to believe may disproportionately affect children, to include an 
evaluation of the regulation's environmental health and safety effects 
on children. The Agency determined this final rule is not economically 
significant. Therefore, no analysis of the impacts on children is 
required. In any event, this regulatory action does not pose an 
environmental or safety risk that could disproportionately affect 
children.

E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with E.O. 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights, and has determined it will not effect a taking of 
private property or otherwise have takings implications.

Privacy Impact Assessment

    Section 522 of title I of division H of the Consolidated 
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447, 
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to 
conduct a privacy impact assessment (PIA) of a regulation that will 
affect the privacy of individuals. This rule does not require the 
collection of personally identifiable information (PII), therefore the 
Agency finds that there will be no impact on the privacy of 
individuals.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency which receives records contained in a system 
of records from a Federal agency for use in a matching program.

E.O. 12372 (Intergovernmental Review)

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

E.O. 13211 (Energy Supply, Distribution, or Use)

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

E.O. 13175 (Indian Tribal Governments)

    This final rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes.

National Technology Transfer and Advancement Act (Technical Standards)

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through OMB, with an explanation of why using these standards would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards (e.g., specifications of materials, performance, 
design, or operation; test methods; sampling procedures; and related 
management systems practices) are standards that are developed or 
adopted by voluntary consensus standards bodies. This final rule does 
not use technical standards. Therefore, we did not consider the use of 
voluntary consensus standards.

National Environmental Policy Act and Clean Air Act

    FMCSA analyzed this rule in accordance with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.) and 
FMCSA's NEPA Implementing Procedures and Policy for Considering 
Environmental Impacts, Order 5610.1 (FMCSA Order), March 1, 2004 (69 FR 
9680). FMCSA's Order states that ``[w]here FMCSA has no discretion to 
withhold or condition an action if the action is taken in accordance 
with specific statutory criteria and FMCSA lacks control and 
responsibility over the effects of an action, that action is not 
subject to this Order.'' Id. at chapter 1(D). Because Congress 
specifies the Agency's precise action here, thus leaving the Agency no 
discretion over such action, and since the Agency lacks jurisdiction 
and therefore control and responsibility over the effects of this 
action, this rulemaking falls under chapter 1(D). Therefore, no further 
analysis is considered.
    In addition to the NEPA requirements to examine impacts on air 
quality, the Clean Air Act (CAA) as amended (42 U.S.C. 7401, et seq.) 
also requires FMCSA to analyze the potential impact of its actions on 
air quality and to ensure that FMCSA actions conform to State and local 
air quality implementation plans. This non-discretionary action is 
expected to fall within the CAA de minimis standards and is not subject 
to the Environmental Protection Agency's General Conformity Rule (40 
CFR parts 51 and 93).
    Additionally, FMCSA evaluated the effects of this final rule in 
accordance with Executive Order 12898 and determined that there are no 
environmental justice issues associated with its provisions nor any 
collective environmental impacts resulting from its promulgation. 
Environmental justice issues would be raised if there were a 
``disproportionate'' and ``high and adverse impact'' on minority or 
low-income populations. This final rule is exempt from analysis under 
the National Environmental Policy Act. This final rule simply makes 
ministerial, mandatory changes and would not result in high and adverse 
environmental impacts.

List of Subjects

49 CFR Part 365

    Administrative practice and procedure, Brokers, Buses, Freight 
forwarders, Maritime carriers, Mexico, Motor Carriers, Moving of 
household goods.

49 CFR Part 381

    Motor carriers.

49 CFR Part 383

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Highway safety, Motor carriers.

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

    Alcohol abuse, Drug abuse, Highway safety, Motor carriers.

49 CFR Part 393

    Highway safety, Motor carriers, Motor vehicle safety.

[[Page 47720]]

49 CFR Part 395

    Highway safety, Motor carriers, Reporting and recordkeeping 
requirements.

49 CFR Part 396

    Highway safety, Motor carriers, Motor vehicle safety, Reporting and 
recordkeeping requirements.
    For the reasons stated in this preamble, FMCSA amends 49 CFR 
chapter III as set forth below:

PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

0
1. The authority citation for part 365 is revised to read as follows:

    Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-
13906, 14708, 31138, and 31144; sec. 5524 of Pub. L. 114-94, 129 
Stat. 1312, 1560; and 49 CFR 1.87.


0
2. Amend Sec.  365.101 by adding paragraph (j) to read as follows:


Sec.  365.101  Applications governed by these rules.

* * * * *
    (j) The rules in this part do not apply to ``pipeline welding 
trucks'' as defined in 49 CFR 390.38(b).

PART 381--WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS

0
3. The authority citation for part 381 continues to read as follows:

    Authority: 49 U.S.C. 31136(e) and 31315; and 49 CFR 1.87.


0
4. Amend Sec.  381.300 by revising paragraph (b) to read as follows:


Sec.  381.300  What is an exemption?

* * * * *
    (b) An exemption provides the person or class of persons with 
relief from the regulations for up to 5 years, and may be renewed, upon 
request, for subsequent 5-year periods.
* * * * *

0
5. Add Sec.  381.317 to read as follows:


Sec.  381.317  May I resubmit my application for exemption if it is 
denied?

    If the Administrator denies your application for exemption and you 
can reasonably address the reasons for denial, you may resubmit your 
application following the procedures in Sec.  381.310.

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND 
PENALTIES

0
6. The authority citation for part 383 is revised to read as follows:

    Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 
214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 
1012(b) of Pub. L. 107-56, 115 Stat. 272, 297; sec. 4140 of Pub. L. 
109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141, 126 
Stat. 405, 830; sec. 7208 of Pub. L. 114-94, 129 Stat. 1312, 1593; 
and 49 CFR 1.87.


0
7. Amend Sec.  383.3 by adding paragraph (i) to read as follows:


Sec.  383.3  Applicability.

* * * * *
    (i) Hazardous materials endorsement exemption for certain drivers 
transporting diesel. A State may waive the requirement for a holder of 
a Class A commercial driver's license to obtain a hazardous materials 
endorsement under this part, if the license holder is:
    (1) Acting within the scope of the license holder's employment, and 
within the State of domicile (or another State with a hazardous 
materials endorsement exemption) as an employee of a custom harvester 
operation, agrichemical business, farm retail outlet and supplier, or 
livestock feeder; and
    (2) Operating a service vehicle that is:
    (i) Transporting diesel in a quantity of 3,785 liters (1,000 
gallons) or less; and
    (ii) Clearly marked with a ``flammable'' or ``combustible'' 
placard, as appropriate.

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
8. The authority citation for part 390 is revised to read as follows:

    Authority: 49 U.S.C. 504, 508, 31132, 31133, 31134, 31136, 
31137, 31144, 31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat. 
1673, 1677-1678; sec. 212, 217, 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. 1144, 1745; 
sec. 32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 830; 
sec. 2, Pub. L. 113-125, 128 Stat. 1388; sec. 5403(d), 5518, 5524, 
Pub. L. 114-94, 129 Stat. 1312, 1548, 1558, 1560; and 49 CFR 1.81, 
1.81a and 1.87.


0
9. Add Sec.  390.38 to read as follows:


Sec.  390.38  Exemptions for pipeline welding trucks.

    (a) Federal requirements. A pipeline welding truck, as defined in 
paragraph (b) of this section, including the individuals operating such 
vehicle and the employer of such individual, is exempt from the 
following:
    (1) Any requirement relating to registration as a motor carrier, 
including the requirement to obtain and display a Department of 
Transportation number, in 49 CFR part 365 or 390.
    (2) Any requirement relating to driver qualifications in 49 CFR 
part 391.
    (3) Any requirement relating to driving of commercial motor 
vehicles in 49 CFR part 392.
    (4) Any requirement relating to parts and accessories and 
inspection, repair, and maintenance of commercial motor vehicles in 49 
CFR parts 393 and 396.
    (5) Any requirement relating to hours of service of drivers, 
including maximum driving and on duty time, found in 49 CFR part 395.
    (b) Definition. ``Pipeline welding truck'' means a motor vehicle 
that is travelling in the State in which the vehicle is registered or 
another State, is owned by a welder, is a pick-up style truck, is 
equipped with a welding rig that is used in the construction or 
maintenance of pipelines, and has a gross vehicle weight and 
combination weight rating and weight of 15,000 pounds or less.

0
10. Amend Sec.  390.39 by revising paragraph (b)(1) to read as follows:


Sec.  390.39  Exemptions for ``covered farm vehicles.''

* * * * *
    (b) State requirements--(1) In general. Federal transportation 
funding to a State may not be terminated, limited, or otherwise 
interfered with as a result of the State exempting a covered farm 
vehicle, including the individual operating that vehicle, from--
    (i) A requirement described in paragraph (a) of this section; or
    (ii) Any other minimum standard provided by a State relating to the 
operation of that vehicle.
* * * * *

PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE 
(LCV) DRIVER INSTRUCTORS

0
11. The authority citation for part 391 is revised to read as follows:

    Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 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; sec. 5524 of Pub. L. 114-94, 129 Stat. 1312, 1560; and 49 CFR 
1.87.


0
12. Revise Sec.  391.2 by adding paragraph (e) to read as follows:


Sec.  391.2  General exceptions.

* * * * *
    (e) Pipeline welding trucks. The rules in this part do not apply to 
drivers of ``pipeline welding trucks'' as defined in 49 CFR 390.38(b).

[[Page 47721]]

PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES

0
13. The authority citation for part 392 is revised 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); sec. 5524 
of Pub. L. 114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87.


0
14. Revise Sec.  392.1 by designating the existing text as paragraph 
(a) and adding paragraph (b) to read as follows:


Sec.  392.1  Scope of the rules in this part.

* * * * *
    (b) The rules in this part do not apply to drivers of ``pipeline 
welding trucks'' as defined in 49 CFR 390.38(b).

PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

0
15. The authority citation for part 393 is revised to read as follows:

    Authority: 49 U.S.C. 31136, 31151, and 31502; sec. 1041(b) of 
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); sec. 5524 of Pub. L. 
114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87.


0
16. Revise Sec.  393.1 by adding paragraph (e) to read as follows:


Sec.  393.1  Scope of the rules in this part.

* * * * *
    (e) The rules in this part do not apply to ``pipeline welding 
trucks'' as defined in 49 CFR 390.38(b).

PART 395--HOURS OF SERVICE OF DRIVERS

0
17. The authority citation for part 395 is revised 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; 
sec. 5206(b) of Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 
1.87.


0
18. Amend Sec.  395.1 by revising paragraph (e)(1) and adding 
paragraphs (t), (u), (v), (w), and (x), to read as follows:


Sec.  395.1  Scope of rules in this part.

* * * * *
    (e) Short-haul operations--(1) 100 air-mile radius driver. A driver 
is exempt from the requirements of Sec.  395.8 if:
    (i) The driver operates within a 100 air-mile radius of the normal 
work reporting location;
    (ii)(A) The driver, except a driver-salesperson or a driver of a 
ready-mixed concrete delivery vehicle, returns to the work reporting 
location and is released from work within 12 consecutive hours;
    (B) The driver of a ready-mixed concrete delivery vehicle returns 
to the work reporting location and is released from work within 14 
consecutive hours;
    (iii)(A) A property-carrying commercial motor vehicle driver, 
except the driver of a ready-mixed concrete delivery vehicle, has at 
least 10 consecutive hours off duty separating each 12 hours on duty;
    (B) A driver of a ready-mixed concrete delivery vehicle has at 
least 10 consecutive hours off duty separating each 14 hours on duty;
    (C) A passenger-carrying commercial motor vehicle driver has at 
least 8 consecutive hours off duty separating each 12 hours on duty;
    (iv)(A) A property-carrying commercial motor vehicle driver, except 
the driver of a ready-mixed concrete delivery vehicle, does not exceed 
the maximum driving time specified in Sec.  395.3(a)(3) following 10 
consecutive hours off duty; or
    (B) A driver of a ready-mixed concrete delivery vehicle does not 
exceed 11 hours maximum driving time following 10 consecutive hours off 
duty; or
    (C) A passenger-carrying commercial motor vehicle driver does not 
exceed 10 hours maximum driving time following 8 consecutive hours off 
duty; and
    (v) The motor carrier that employs the driver maintains and retains 
for a period of 6 months accurate and true time records showing:
    (A) The time the driver reports for duty each day;
    (B) The total number of hours the driver is on duty each day;
    (C) The time the driver is released from duty each day; and
    (D) The total time for the preceding 7 days in accordance with 
Sec.  395.8(j)(2) for drivers used for the first time or 
intermittently.
* * * * *
    (t) Ready-mixed concrete delivery vehicle. A driver of a ready-
mixed concrete delivery vehicle subject to the requirement for a 30-
minute rest break in Sec.  395.3(a)(3)(ii) may use 30-minutes or more 
of time spent while waiting with the commercial motor vehicle at a job 
site or terminal to meet the requirement for the 30-minute rest break, 
providing the driver performs no other work during the break.
    (u) Transport of commercial bees. The provisions of Sec.  
395.3(a)(3)(ii), requiring a 30-minute rest break, do not apply to a 
driver engaged in the interstate transportation of bees by commercial 
motor vehicle as long as the bees are on the vehicle.
    (v) Transport of livestock. The provisions of Sec.  
395.3(a)(3)(ii), requiring a 30-minute rest break, do not apply to a 
driver engaged in the interstate transportation of livestock by 
commercial motor vehicle while the livestock are on the vehicle.
    (w) Hi-rail vehicles. For the driver of a hi-rail vehicle, the 
maximum on duty time under Sec.  395.3 shall not include time in 
transportation to or from a duty assignment if such time in 
transportation--
    (1) Does not exceed 2 hours per calendar day or a total of 30 hours 
per calendar month; and
    (2) Is fully and accurately accounted for in records to be 
maintained by the motor carrier and such records are made available 
upon request of the Federal Motor Carrier Safety Administration or the 
Federal Railroad Administration.
    (x) Pipeline welding trucks. The rules in this part do not apply to 
drivers of ``pipeline welding trucks,'' as defined in 49 CFR 390.38(b).

0
19. Amend Sec.  395.2 by revising the first sentence in the definition 
of ``Transportation of construction materials and equipment'' and by 
adding definitions of ``Hi-rail vehicle,'' ``Livestock,'' and ``Ready-
mixed concrete delivery vehicle,'' in alphabetical order, to read as 
follows:


Sec.  395.2  Definitions.

* * * * *
    Hi-rail vehicle means an internal rail flaw detection vehicle 
equipped with flange hi-rails.
    Livestock means cattle, elk, reindeer, bison, horses, deer, sheep, 
goats, swine, poultry (including egg-producing poultry), fish used for 
food, and other animals designated by the Secretary of Agriculture that 
are part of a foundation herd (including dairy producing cattle) or 
offspring; or are purchased as part of a normal operation and not to 
obtain additional benefits under the Emergency Livestock Feed 
Assistance Act of 1988, as amended.
* * * * *
    Ready-mixed concrete delivery vehicle means a vehicle designed to 
deliver ready-mixed concrete on a daily basis and equipped with a 
mechanism under which the vehicle's propulsion engine provides the 
power to operate a mixer drum to agitate and mix the product en route 
to the delivery site.
* * * * *
    Transportation of construction material and equipment means the 
transportation of construction and

[[Page 47722]]

pavement materials, construction equipment, and construction 
maintenance vehicles, by a driver to or from an active construction 
site (a construction site between mobilization of equipment and 
materials to the site to the final completion of the construction 
project) within a 75 air mile radius of the normal work reporting 
location of the driver, except that a State, upon notice to the 
Administrator, may establish a different air mile radius limitation for 
purposes of this definition if such limitation is between 50 and 75 air 
miles and applies only to movements that take place entirely within the 
State. * * *
* * * * *

0
20. Amend Sec.  395.8 by revising paragraph (a)(1)(iii)(A) to read as 
follows.


Sec.  395.8  Driver's record of duty status.

    (a)(1) * * *
    (iii)(A) A motor carrier may require a driver to record the 
driver's duty status manually in accordance with this section, rather 
than require the use of an ELD, if the driver is operating a commercial 
motor vehicle:
    (1) In a manner requiring completion of a record of duty status on 
not more than 8 days within any 30-day period;
    (2) In a driveaway-towaway operation in which the vehicle being 
driven is part of the shipment being delivered;
    (3) In a driveaway-towaway operation in which the vehicle being 
transported is a motor home or a recreation vehicle trailer; or
    (4) That was manufactured before model year 2000.
* * * * *

PART 396--INSPECTION, REPAIR, AND MAINTENANCE

0
21. The authority citation for part 396 is revised to read as follows:

    Authority: 49 U.S.C. 504, 31133, 31136, 31151, and 31502; sec. 
32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524 of Pub. L. 
114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87.


0
22. Revise Sec.  396.1 by adding paragraph (d) to read as follows:


Sec.  396.1  Scope.

* * * * *
    (d) The rules in this part do not apply to ``pipeline welding 
trucks'' as defined in 49 CFR 390.38(b).

    Issued under the authority of delegation in 49 CFR 1.87: July 
14, 2016.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2016-17114 Filed 7-21-16; 8:45 am]
 BILLING CODE 4910-EX-P