General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations, 68336-68359 [2016-22996]
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Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations
performance of this contract consistent with
its efficient performance. GSA expects any
subcontracting plan submitted pursuant to
FAR 52.219–9, Small Business
Subcontracting Plan, to reflect this
commitment. The plan must demonstrate a
creative and innovative program for
involving small, HUBZone small, small
disadvantaged, women-owned, veteranowned, and service-disabled veteran-owned
small business concerns as subcontractors in
the performance of this contract.
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4. Amend section 552.219–72 by
revising the date of the provision and
paragraph (a) to read as follows:
■
552.219–72 Preparation, Submission, and
Negotiation of Subcontracting Plans.
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Preparation, Submission, and Negotiation of
Subcontracting Plans (Oct 2016)
(a) When submitting a subcontracting plan
in accordance with FAR 52.219–9, the offeror
shall submit a subcontracting plan with its
initial offer. The subcontracting plan will be
negotiated concurrently with price and any
required technical and management
proposals, unless the offeror submits a
previously-approved commercial plan.
*
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5. Amend section 552.270–13 by
revising the date of the provision; and
removing from paragraph (c)
introductory text and paragraph (c)(2)
‘‘500,000’’ and adding ‘‘750,000’’ in
their places, respectively.
The revision reads as follows.
■
552.270–13
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Proposals for Adjustment.
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Proposals for Adjustment (Oct 2016)
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[FR Doc. 2016–24015 Filed 10–3–16; 8:45 am]
BILLING CODE 6820–61–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 355, 356, 365, 369, 370,
373, 374, 376, 377, 378, 382, 383, 384,
385, 386, 390, 391, 392, 395, 397, and
398
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RIN 2126–AB95
General Technical, Organizational,
Conforming, and Correcting
Amendments to the Federal Motor
Carrier Safety Regulations
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
FMCSA amends its
regulations by making technical
SUMMARY:
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corrections throughout. The Agency is
making minor changes to correct errors
and omissions, ensure conformity with
Office of the Federal Register style
guidelines, update cross references, and
improve clarity and consistency of
certain regulatory provisions. Further,
this set of amendments removes all
remaining instances of the term
‘‘common carrier’’ and ‘‘contract
carrier’’ as required by the ICC
Termination Act (ICCTA) and the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU). This rule does
not make any substantive changes to the
affected regulations, except to remove
obsolete provisions.
DATES: Effective Date: The final rule is
effective September 30, 2016.
FOR FURTHER INFORMATION CONTACT: Mr.
David Miller, Federal Motor Carrier
Safety Administration, Regulatory
Development Division, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001, by telephone at (202) 366–5370 or
via email at FMCSAregs@dot.gov. Office
hours are from 9:00 a.m. to 5:00 p.m.
e.t., Monday through Friday, except
Federal holidays.
SUPPLEMENTARY INFORMATION:
Legal Basis for the Rulemaking
Congress delegated certain powers to
regulate interstate commerce to the
United States Department of
Transportation (DOT or Department) in
numerous pieces of legislation, most
notably in section 6 of the Department
of Transportation Act (DOT Act) (Pub.
L. 85–670, 80 Stat. 931 (1966)). Section
55 of the DOT Act transferred to the
Department the authority of the former
Interstate Commerce Commission (ICC)
to regulate the qualifications and
maximum hours-of-service of
employees, the safety of operations, and
the equipment of motor carriers in
interstate commerce. See 49 United
States Code (U.S.C.) 104. This authority,
first granted to the ICC in the Motor
Carrier Act of 1935 (Pub. L. 74–255, 49
Stat. 543, Aug. 9, 1935), now appears in
49 U.S.C. chapter 315. The regulations
issued under this authority became
known as the Federal Motor Carrier
Safety Regulations (FMCSRs), appearing
generally at 49 CFR parts 350–399. The
administrative powers to enforce
chapter 315 were also transferred from
the ICC to the DOT in 1966 and appear
in 49 U.S.C. chapter 5. The Secretary of
the DOT (Secretary) delegated oversight
of these provisions to the Federal
Highway Administration (FHWA), a
predecessor agency of FMCSA. The
FMCSA Administrator has been
delegated authority under 49 CFR 1.87
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to carry out the motor carrier functions
vested in the Secretary.
Between 1984 and 1999, a number of
statutes added to FHWA’s authority.
Various statutes authorize the
enforcement of the FMCSRs, the
Hazardous Materials Regulations
(HMRs), and the Commercial
Regulations, and provide both civil and
criminal penalties for violations of these
requirements. These statutes include the
Motor Carrier Safety Act of 1984 (Pub.
L. 98–554, 98 Stat. 2832, Oct. 30, 1984),
codified at 49 U.S.C. chapter 311,
subchapter III (MCSA); the Commercial
Motor Vehicle Safety Act of 1986 (Pub.
L. 99–570, 100 Stat. 3207–170, Oct. 27,
1986), codified at 49 U.S.C. chapter 313;
the Hazardous Materials Transportation
Uniform Safety Act of 1990, as amended
(Pub. L. 101–615, 104 Stat. 3244, Nov.
16, 1990), codified at 49 U.S.C. chapter
51; and the ICCTA of 1995 (Pub. L. 104–
88, 109 Stat. 803, Dec. 29, 1995),
codified at 49 U.S.C. chapters 131–149.
The Motor Carrier Safety
Improvement Act of 1999 (MCSIA) (Pub.
L. 106–159, 113 Stat. 1748, Dec. 9, 1999)
established FMCSA as a new operating
administration within DOT, effective
January 1, 2000. The motor carrier safety
responsibilities previously assigned to
both ICC and FHWA are now assigned
to FMCSA.
Congress expanded, modified, and
amended FMCSA’s authority in the
Uniting and Strengthening America by
Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism
(USA PATRIOT) Act of 2001 (Pub. L.
107–56, 115 Stat. 272, Oct. 26, 2001),
SAFETEA–LU (Pub. L. 109–59, 119 Stat.
1144, Aug. 10, 2005), the SAFETEA–LU
Technical Corrections Act of 2008 (Pub.
L. 110–244, 122 Stat. 1572, June 6,
2008), and the Moving Ahead for
Progress in the 21st Century Act (MAP–
21) (Pub. L. 112–141, 126 Stat. 405, July
6, 2012).
The specific regulations amended by
this rule are based on the statutes
detailed above. Generally, the legal
authority for each of those provisions
was explained when the requirement
was originally adopted and is noted at
the beginning of each part in title 49 of
the CFR. Title 49 CFR subtitle B, chapter
III, contains all of the FMCSRs.
The Administrative Procedure Act
(APA) (5 U.S.C. 551–706) specifically
provides exceptions to its notice and
public comment rulemaking procedures
where the Agency finds there is good
cause (and incorporates the finding and
a brief statement of reasons therefore in
the rules issued) to dispense with them.
Generally, good cause exists where the
Agency determines that notice and
public procedures are impractical,
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unnecessary, or contrary to the public
interest (5 U.S.C. 553(b)(3)(B)). The
amendments made in this final rule
merely correct inadvertent errors and
omissions, remove or update obsolete
references, and make minor changes to
improve clarity and consistency. The
technical amendments do not impose
any new requirements, nor do they
make any substantive changes to the
CFR. For these reasons, FMCSA finds
good cause that notice and public
comment on this final rule is
unnecessary.
The APA also allows agencies to make
rules effective upon publication with
good cause (5 U.S.C. 553(d)(3)), instead
of requiring publication 30 days prior to
the effective date. For the reasons
already stated, FMCSA finds there is
good cause for this rule to be effective
on the date of publication in the Federal
Register.
FMCSA is aware of the regulatory
reform requirements imposed by section
5202 of the Fixing America’s Surface
Transportation Act (FAST Act) (Pub. L.
114–94, 129 Stat. 1312, at 1534, Dec. 4,
2015) concerning public participation in
FMCSA rulemaking (49 U.S.C.
31136(g)). These requirements pertain to
certain major rules,1 but because this
final rule is not 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).
Background
This document makes editorial
changes to correct inaccurate references
and citations, improve clarity, and fix
errors. The reasons for each of these
minor revisions are set out below, in a
section-by-section description of the
changes. These amendments do not
impose any new requirements.
This set of amendments removes all
remaining instances of the term
‘‘common’’ and ‘‘contract’’ as required
by the ICCTA and SAFETEA–LU. Many
instances of these terms were removed
in the FMCSA Unified Registration
System (URS) final rules published in
2013, 2015, and 2016,2 and this rule
1 A ‘‘major rule’’ is defined by the Congressional
Review Act, Pub. L. 104–121, title II, section 251,
Mar. 29, 1996, 110 Stat. 873, and is codified at 5
U.S.C. 804(2). See https://www.gpo.gov/fdsys/pkg/
USCODE-2014-title5/pdf/USCODE-2014-title5partI-chap8-sec804.pdf.
2 Final Rule, Unified Registration System, 78 FR
52608 (Aug. 23, 2013), amendments, corrections,
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removes the remaining instances found
in 49 CFR chapter III, subchapter B.
This rule does not make any substantive
changes to the affected regulations,
except to remove eight obsolete
provisions. Four of the provisions relate
to the use of the terms ‘‘common’’ and
‘‘contract’’ and certain property-carrier
routing requirements eliminated by the
ICCTA. The other four obsolete
provisions relate to a Congressionallysunset emergency commercial driver’s
license grant, a pre-2014 medical exam
schedule, outdated medical forms, and
an obsolete reporting requirement.
FMCSA is adding ‘‘for-hire, nonexempt’’ to many rules to ensure motor
carriers know the rules are only
applicable to for-hire, non-exempt
motor carriers, similar to the
amendments being made in the URS
final rules.
Use of the term ‘‘non-exempt’’ in
these sections and other technical
amendments related to the use of the
terms ‘‘common’’ and ‘‘contract’’ below
is to ensure motor carriers exempted by
Congress from jurisdiction under 49
U.S.C. subtitle IV, part B, and
specifically sec. 13506, do not feel
compelled to comply with the amended
rule text. FMCSA has discovered over
the years that many for-hire, exempt 3
motor carriers and their drivers (such as
livestock, grain, and produce haulers),
mistakenly believe that 49 U.S.C.
subtitle IV, part B (secs. 13101 through
14916), are mandatory requirements
applicable to their operations.
For-hire motor carriers transporting
commodities, or agreeing to transport
brokered loads of commodities, that are
listed by statutes, FMCSA regulations,
and FMCSA administrative rulings, as
exempt from 49 U.S.C. subtitle IV, part
B, are not subject to non-safety related
rules administered by FMCSA. Such forhire, exempt motor carriers thus are not
required to comply with the following
rules that are authorized under 49
U.S.C. subtitle IV, part B:
• Annual economic reporting
requirements in part 369;
• Receipts and bills of lading in part
373;
and delayed effective and compliance dates
published at 80 FR 63703, October 21, 2015, and
81 FR 49553, July 28, 2016.
3 An exempt for-hire motor carrier transports
exempt (unregulated) property owned by others for
compensation. The exempt commodities usually
include unprocessed or unmanufactured goods,
fruits, and vegetables, and other items of little or no
value. For a partial listing of exempt and nonexempt commodities, please refer to Administrative
Ruling No 119 at https://www.fmcsa.dot.gov/sites/
fmcsa.dot.gov/files/docs/
Administrative_Ruling_119.pdf. An exempt for-hire
motor carrier is subject to the safety regulations in
49 CFR chapter III, subchapter B.
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68337
• Loss and damage claim
requirements in part 370;
• Property broker requirements in
part 371;
• Passenger carrier regulations in part
374;
• Household goods transportation
regulations in part 375;
• Lease and interchange of vehicle
rules in part 376;
• Payment of transportation charge
rules in part 377;
• Overcharge, duplicate payment, and
overcollection claims in part 378; and
• Preservation of records in part 379.
Motor carriers and shippers should be
aware of the italicized text below related
to contract carriage operations, ‘‘. . . A
carrier providing transportation or
service subject to jurisdiction under
chapter 135 may enter into a contract
with a shipper, . . . to provide specified
services under specified rates and
conditions. If the shipper and carrier, in
writing, expressly waive any or all rights
and remedies under this part for the
transportation covered by the contract,
the transportation provided under the
contract shall not be subject to the
waived rights and remedies and may not
be subsequently challenged on the
ground that it violates the waived rights
and remedies . . .’’ 4 [emphasis added]
The statutory reference to the waiver
of ‘‘any or all rights and remedies’’
allows a shipper and a motor carrier to
negotiate and enter into a private
contract that establishes selected rights
and remedies different from the general
‘‘motor carrier’’ rights and remedies
otherwise provided under 49 U.S.C.
14101, 14706, and other statutes. The
waiver provision gives the carrier and
shipper the flexibility to select the rights
and remedies they wish to establish by
contract. They can choose to leave in
place other rights and remedies to be
governed by statutes and regulations
applicable to ‘‘motor carriers.’’
‘‘. . . New 49 U.S.C. 14101 (Providing
transportation and service), taken from
existing 49 U.S.C. 11101, would
continue the basic common carrier
obligation to provide transportation or
service on reasonable request and to
provide safe and adequate service,
equipment, and facilities. It would
expressly allow carriers to enter
contracts for specific shipments (other
than for residential household goods
movements arranged and paid for
directly by the householder) under
which both parties may waive their ICA
rights and remedies.’’ 5
4 49
U.S.C. 14101(b)(1).
Report 104–176 (1995) at 46, https://
www.gpo.gov/fdsys/pkg/CRPT-104srpt176/pdf/
CRPT-104srpt176.pdf.
5 Sen.
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See also M. Fortunoff of Westbury
Corp. v. Peerless Ins. Co., 432 F.3d 127
(2nd Cir. 2005) at 132–133 (emphasis in
original):
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Congress enacted the [ICC Termination
Act] in 1995 and merged the separate
classifications of common and contract
carrier into one classification termed ‘‘motor
carrier,’’ governing any ‘‘person providing
motor vehicle transportation for
compensation.’’ 49 U.S.C. 13102(12). The
ICCTA provided that all motor carriers were
to register under sec. 13902(a) as opposed to
the old regime of separately registered
common and contract carriers. Under [49
U.S.C.] 14101, registered motor carriers must
provide common carriage services and may
provide contract carriage services.
With respect to all revisions to the
terms ‘‘common’’ and ‘‘contract,’’
FMCSA has attempted to simply set out
the governing regulatory provisions for
‘‘motor carriers’’ (or for ‘‘for-hire motor
carriers,’’ which captures the ‘‘for
compensation’’ language in the statutory
definition of ‘‘motor carrier’’ in 49
U.S.C. 13102(14)). This leaves a motor
carrier and shipper the flexibility
contemplated by the statute to choose
‘‘any or all’’ rights and remedies to be
waived, while those not waived remain
in full effect.
It should be noted that for-hire,
exempt motor carriers transporting
exempted (unregulated) commodities
may not submit a claim to the FMCSAmandated $75,000 financial
responsibility instrument held by an
authorized property broker, their
sureties, or their trust fund managers for
payments owed to the exempted motor
carrier, based on the authorized
property broker’s failure to carry out its
contracts, agreements, or arrangements
for the supplying of exempt
(unregulated) commodity transportation
by exempt motor carriers. An exempt
motor carrier is not authorized by
FMCSA to operate under 49 U.S.C.
subtitle IV, part B, and thus does not
have legitimate access to the FMCSAauthorized property broker’s $75,000
financial responsibility instrument. The
$75,000 financial instrument is only
applicable when the FMCSA-authorized
property broker fails to carry out its
contracts, agreements, or arrangements
for the supplying of authorized
(regulated) commodity transportation by
FMCSA-authorized motor carriers.
Section-by-Section Analysis
This section-by-section analysis
describes the technical amendment
provisions and corrections in numerical
order.
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Appendix A of Part 355—Guidelines for
the Regulatory Review of Compatible
State Laws and Regulations Affecting
Interstate Motor Carrier Operations
FMCSA replaces a phrase that
includes the terms common and
contract with a phrase that no longer
uses those two terms. Currently, the
applicability section references the
appendix’s requirements that each State
shall review its laws and regulations to
achieve compatibility with the FMCSRs.
Each State’s ‘‘. . . requirements must
apply to all segments of the motor
carrier industry common, contract, and
private carriers of property and for-hire
carriers of passengers.’’ FMCSA replaces
the phrase ‘‘motor carrier industry
common, contract,’’ with the phrase
‘‘motor carrier industry, for-hire.’’
For-Hire Motor Carrier of Property
Routing Requirements in §§ 356.7—
356.13
Four sections are being removed from
part 356 as a result of FMCSA’s review
of ‘‘common’’ and ‘‘contract’’
amendments. The ICCTA eliminated the
need for for-hire motor carriers of
property to apply to a Federal agency
and be granted authority to drive on
particular, specified, and declared
highway routes. In considering how to
change the term ‘‘common’’ to
something else in §§ 356.7 to 356.13,
FMCSA determined that each of these
four sections is no longer applicable to
anyone as each section only applied to
property carriers that no longer need
route authority. Therefore, FMCSA
removes all four rule sections with the
headings ‘‘Tacking,’’ ‘‘Elimination of
routing restrictions—regular route
carriers,’’ ‘‘Elimination of gateways—
regular and irregular route carriers,’’
and ‘‘Redesignated highways.’’
§ 365.105 Starting the Application
Process: Form OP–1
FMCSA is updating the universal
resource locators (URL) for Form OP–1
to accurately reflect where to obtain the
forms. Since December 2015, new
applicants must apply for a USDOT
number and, if applicable, operating
authority, by electronically filing Form
MCSA–1, the URS online application.
Registrants, who had operating
authority before December 2015, may
still use Form OP–1 to update their
registration information, but the Agency
did not update the URLs where the
forms may be obtained.
§ 365.205 Contents of the Protest
FMCSA updates this section to
replace an outdated phone number and
add an additional way to contact
FMCSA for help. FMCSA no longer uses
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the 202 area code phone number listed
in this section. FMCSA has replaced the
202 number with a toll-free telephone
number and has added an online web
form in which the public may contact
FMCSA for further assistance in
developing their evidence for filing a
protest.
§ 365.413 Procedures for Changing the
Name or Business Form of a Motor
Carrier, Freight Forwarder, or Property
Broker
FMCSA amends this section to add
two additional ways for current
registrants to contact FMCSA to change
the name or business form of a
registered motor carrier, freight
forwarder, or property broker. For such
registrants to make such changes,
FMCSA has developed a two-page form
MCSA–5889, ‘‘Motor Carrier Records
Change Form,’’ Office of Management
and Budget (OMB) No. 2126–0060,
approved by OMB for use through July
31, 2018. FMCSA continues to allow the
letter to be mailed, with the five
required pieces of information in
redesignated § 365.413(c)(1) through (5).
But FMCSA now adds to the list of
options the opportunity for form
MCSA–5889 to be faxed to FMCSA at
the number given, or scanned and
submitted via the web form at https://
www.fmcsa.dot.gov/ask.
Part 369—Reports of Motor Carriers
FMCSA makes several amendments
related to the terms ‘‘common’’ and
‘‘contract’’ to part 369 applicable to
annual reports of for-hire motor carriers.
FMCSA modifies each paragraph (a) in
§§ 369.1, 369.2, and 369.3 to replace the
phrase ‘‘common and contract’’ with the
phrase ‘‘for-hire, non-exempt motor’’ to
comport with the elimination of the
terms ‘‘common’’ and ‘‘contract’’ in the
ICCTA.
§ 370.9 Disposition of Claims
The Agency makes one amendment
related to the term ‘‘common’’ to Part
370 applicable to disposition of claims.
Paragraph (b) is amended to replace
‘‘common carrier by motor vehicle of
household goods as defined in § 375.103
of this chapter’’ with ‘‘household goods
motor carrier as defined in § 375.103 of
this subchapter’’ for use when settling a
claim for loss or damage to household
goods or an individual shipper’s
property. This paragraph will continue
to use the current defined term
‘‘household goods motor carrier’’ in
§ 375.103 that comes from the
Household Goods Mover Oversight
Enforcement and Reform Act of 2005
(August 10, 2005), and any person
considered to be a household goods
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motor carrier under regulations,
determinations, and decisions of the
FMCSA on August 10, 2005.
New § 373.100 and § 374.1
Applicability
FMCSA adds two new applicability
sections to ensure the public
understands that parts 373 and 374 are
limited to for-hire motor carriers subject
to jurisdiction under 49 U.S.C. subtitle
IV, part B.
§ 373.101 Motor Carrier Bills of Lading
The Agency makes two amendments
related to the term ‘‘common’’
applicable to motor carrier bills of
lading. FMCSA revises the heading to
add ‘‘for-hire, non-exempt’’ and is
amending the undesignated
introductory sentence to remove the
term ‘‘common’’ for the same reasons as
discussed above.
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§ 373.103(a) & (b) Expense bills
FMCSA makes three amendments
related to the term ‘‘common’’
applicable to expense bills issued by
for-hire motor carriers of property and
charter service expense bills issued by
for-hire motor carriers performing
‘‘charter transportation of passengers’’
as defined in § 390.5. FMCSA is also
revising the heading of this section to
add ‘‘for-hire, non-exempt’’ and is
amending paragraphs (a) and (b) to
remove the term ‘‘common’’ for the
same reasons as discussed above.
Part 374 Passenger Carrier Regulations
The Agency makes several
amendments to part 374 entitled
Passenger Carrier Regulations. As
discussed above, FMCSA adds a new
§ 374.1 Applicability section to ensure
the public understands that part 374 is
limited to for-hire motor carriers subject
to jurisdiction in the ICCTA. Second,
throughout part 374, FMCSA removes
all references to ‘‘common’’ in headers
and rule text in §§ 374.101, 374.103,
374.105, 374.107, 374.109, 374.111,
374.113, 374.201, 374.301, 374.303,
374.401, 374.403, and 374.405.
Also, ICC never assigned a paragraph
(b) to § 374.401, previously designated
as 49 CFR 1064.1, when it was made
final on November 16, 1979 (44 FR
65987) or in any amendments after
1979. With no paragraph (b), the section
reads better and will be less confusing
if paragraph (a) becomes an
undesignated introductory phrase and
paragraphs (a)(1), (2), and (3) are
renamed as paragraphs (a), (b), and (c).
Additionally, at the end of § 374.401,
FMCSA removes the outdated authority
citation ‘‘(49 U.S.C. 10321, 5 U.S.C.
553),’’ as it is a remnant of the pre-
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ICCTA statutes. Section 374.401’s
authority derives from the general
authority cited for most of part 374—49
U.S.C. 13301 and 14101; and 49 CFR
1.87.
Finally, the Agency amends four
authority citations for incidental charter
rights under subpart E to part 374 that
are also outdated to show only ICCTA
statutes—49 U.S.C. 13301, 13501,
13506, and their delegation under 49
CFR 1.87. In the first sentence in
§ 374.501, the outdated reference to ‘‘[49
U.S.C. 10932(c)]’’ is removed. The
citation to 49 U.S.C. 13506 is correct
and will remain in § 374.501.
Part 376 Applicability of Lease and
Interchange of Property-Carrying Motor
Vehicles
FMCSA makes several amendments
related to the terms ‘‘common’’ and
‘‘contract’’ to part 376 applicable to the
lease and interchange of propertycarrying motor vehicles by for-hire
motor carriers. In various places
throughout part 376 that reference the
term ‘‘motor common carrier’’ or
‘‘authorized common carrier’’ in the rule
text, FMCSA removes all applicable
references to ‘‘common.’’ The references
to ‘‘common ownership’’ in part 376
have been retained as that concept is
unaffected by this final rule.
In § 376.1, FMCSA adds the clarifying
phrase ‘‘. . . under 49 U.S.C. subtitle
IV, part B:’’ to the introductory phrase
in paragraph (a) to ensure the public
understands these rules apply only to
for-hire motor carriers subject to the
ICCTA. In § 376.2, the term ‘‘motor
common carrier’’ is amended to read as
‘‘motor carrier.’’
In the first four instances of the term
‘‘common’’ in § 376.31, FMCSA replaces
‘‘common’’ with the term ‘‘motor.’’
Part 377 Applicability of Payment of
Transportation Charges
In the applicability paragraph of
§ 377.101, FMCSA removes the term
‘‘common’’; spells out cash-on-delivery
for the acronym (c.o.d.); and reorganizes
the paragraph to better show the two
exceptions to the applicability of part
377.
In §§ 377.103 and 377.105, the
Agency replaces the term ‘‘common’’
with the term ‘‘motor’’ in each section.
Part 377 Subpart B, Applicability of
Extension of Credit to Shippers by
Carriers and Freight Forwarders
FMCSA makes several amendments
related to the terms ‘‘common’’ and
‘‘contract’’ in subpart B of part 377
applicable to the extension of credit to
shippers by for-hire motor carriers and
freight forwarders. The Agency revises
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the heading for subpart B of part 377.
The current title includes the term
‘‘common’’ and the phrase ‘‘Water
Common Carriers.’’ The Agency adds
the phrase ‘‘for-hire, non-exempt’’
before the phrase ‘‘motor carrier’’ in the
subpart B heading as well as in
§ 377.201(a) to ensure exempt for-hire
carriers understand the subpart does not
apply to their extensions of credit to
shippers. As FMCSA has never been
delegated responsibility for regulating
water carriers, the phrase ‘‘Water
Common Carriers’’ is eliminated from
the heading for subpart B as well.
Also in § 377.201, FMCSA removes
the exception for ‘‘Contract carrier
operations’’ in paragraph (b)(1) and
redesignates paragraphs (b)(2) and (3) as
paragraphs (b)(1) and (2) for the reasons
given above in the Background section.
In § 377.217, the Agency replaces the
term ‘‘common’’ with the term ‘‘motor.’’
Part 378 Applicability of Overcharge,
Duplicate Payment, and Overcollection
Claims Processing
FMCSA makes two amendments
related to the term ‘‘common’’ to part
378. In §§ 378.1 and 378.2, the Agency
removes the term ‘‘common’’ in each of
the two places it appears.
§§ 382.103 and 383.3 Controlled
Substances and Alcohol Testing and
Commercial Driver’s License (CDL)
Rules, Applicability of an Exception for
Farm Vehicle Employers and Drivers
FMCSA makes two amendments
related to the terms ‘‘common’’ and
‘‘contract’’ that are applicable to drivers
that may need a CDL to drive a
commercial motor vehicle (CMV) in the
United States and whether that CDL
driver is subject to controlled
substances and alcohol testing. In
§ 382.103, FMCSA revises paragraph
(d)(3)(i)(C) which discusses that an
operator of a farm vehicle cannot be a
common or contract motor carrier. The
Agency replaces the phrase ‘‘common or
contract motor carrier’’ with the phrase
‘‘for-hire motor carrier, except for an
exempt motor carrier as defined in
§ 390.5 of this subchapter.’’ Similarly,
an exception for operators needing a
CDL to drive a farm vehicle excludes
operations by a common or contract
motor carrier. It is found in
§ 383.3(d)(3)(i)(C). In this paragraph, the
Agency is also replacing the phrase
‘‘common or contract motor carrier’’
with the phrase ‘‘for-hire motor carrier,
except for an exempt motor carrier as
defined in § 390.5 of this subchapter.’’
These two changes will ensure that
farmers, who also may operate as an
exempt motor carrier, know that their
farm vehicles might be excepted from
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the CDL and drug and alcohol testing
requirements if the farm vehicles they
use meets all of the other three
conditions of the exception under
§ 382.103(d)(3)(i) and the CDL definition
in § 383.3(d)(3)(i)(C).
§ 382.305 Controlled Substances
Testing Annual Random Percentage
Rate
This amendment relates to the
lowered minimum annual percentage
rate for random controlled substances
testing made effective for all testing in
2016 and later. FMCSA amends
§ 382.305(b)(2) to state that the
minimum annual percentage rate for
random controlled substances testing
shall be 25 percent of the average
number of driver positions, as it has
been effective since January 1, 2016. On
December 24, 2015 (80 FR 80446),
FMCSA announced the reduction of the
minimum annual percentage rate for
random controlled substances testing for
drivers of CMVs requiring a CDL from
50 percent of the average number of
driver positions to 25 percent of the
average number of driver positions,
effective in calendar year 2016. The
FMCSA Administrator has the
discretion to decrease the minimum
annual random testing percentage rate
based on the reported positive random
test rate for the entire motor carrier
industry. Based on the controlled
substances random test data in
FMCSA’s Management Information
System (MIS) for calendar years 2011,
2012, and 2013, the positive rate for
controlled substances random testing
fell below the 1.0 percent threshold for
3 consecutive calendar years. As a
result, the Agency lowered the
controlled substances minimum annual
percentage rate for random controlled
substances testing to 25 percent of the
average number of driver positions.
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§ 383.5 School Bus Definition for
Commercial Driver’s License Standards
The current definition of a school bus
in § 383.5 does not include a bus used
as a common carrier. In part 383, the
term ‘‘school bus’’ is used only in the
requirements under § 383.123 for a CDL
driver to get a license endorsement after
successfully passing knowledge and
skills tests. FMCSA is replacing
‘‘common’’ with the phrase ‘‘for-hire
motor’’.
§ 383.77 Substitute for Driving Skills
Tests for Drivers With Military CMV
Experience
FMCSA removes the erroneous
second iteration of the word ‘‘had’’ in
§ 383.77(a)(5), making the sentence read,
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in part, as follows: ‘‘Has not had any
conviction for a violation . . .’’
§§ 383.131 and 383.133 CDL Test
System Model Commercial Driver
Manual
In §§ 383.131 and 383.133, FMCSA
adds ‘‘or newer’’ after ‘‘July 2010’’ to
allow each State to use newer manual
editions to comply with the
requirements. Each State must provide
every CLP or CDL applicant an FMCSA
pre-approved driver information manual
as required by § 383.131. The manual
must be comparable to the American
Association of Motor Vehicle
Administrators’ (AAMVA’s) ‘‘2005 CDL
Test System Model Commercial Driver
Manual,’’ July 2010 or a newer version.
FMCSA provides the manual as a
reference for States, but does not require
any specific manual published after July
2010, nor does it incorporate any
manual by reference into the
regulations.
§ 384.401 State Compliance With CDL
Program
FMCSA amends § 384.401 to lower
the withholding percentages of Federalaid highway funds. Sec. 1404(j) of
MAP–21 amended 49 U.S.C. 31314(c)
changing the withholding percentages of
Federal-aid highway funds based on
State noncompliance with the CDL
program. Federal-aid highway funds are
apportioned to States under various
sections of title 23 U.S.C. Amended sec.
1404(j) makes it necessary to revise the
withholding provisions in § 384.401 to
comply with amended 49 U.S.C.
31314(c). Specifically, MAP–21 changed
the amount of Federal-aid highway
funds to be withheld for noncompliance
in paragraph (a) from 5 percent to 4
percent, and reduced the amount of
such funds to be withheld for repeated
noncompliance in paragraph (b) from 10
percent to 8 percent.
§ 384.407 Emergency CDL Grants
FMCSA removes § 384.407 because
SAFETEA–LU did not renew the
emergency CDL grant program in 49
U.S.C. 31107. Therefore, this section is
no longer necessary.
§ 385.303 New Entrant Motor Carrier
Safety Assurance Applications
FMCSA revises the universal resource
locators (URL) to accurately reflect
where to obtain the forms for new
entrant motor carriers. Since December
2015, new applicants must apply for a
USDOT number and if applicable,
operating authority, by electronically
filing Form MCSA–1, the URS online
application. Registrants who had
registered and been issued a USDOT
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number before December 2015 may still
use form MCS–150 and if applicable,
Form OP–1, to update their registration
information.
Similar to changes made earlier in
this document for § 365.105, FMCSA is
modifying how new entrant motor
carriers may contact the Agency for
application materials. In § 385.303, the
Agency is changing a 703 area code fax
number to a 202 area code fax number
and is adding the option that new
entrant motor carriers may locate
application materials online at one of
two Web pages, the precise location
determined by whether they received a
USDOT number before or after
December 12, 2015.
Part 385, Appendix B Restoration of
Inadvertently Edited Safety Fitness
Paragraph
The Agency corrects an error made in
2005 to address an inadvertent change
to a provision of appendix B to 49 CFR
part 385. In the 1997 Safety Fitness
Procedure; Safety Ratings final rule (62
FR 60035 at 60043 (Nov. 6, 1997)),
paragraph (c) of the introductory text in
app. B to part 385 read as follows: ‘‘To
meet the safety fitness standard, a motor
carrier must demonstrate to the FHWA
that it has adequate safety management
controls in place which function
effectively to ensure acceptable
compliance with the applicable safety
requirements. A ‘‘safety fitness
methodology’’ (SFRM) was developed
by the FHWA, which uses data from
compliance reviews (CRs) and roadside
inspections to rate motor carriers.’’
In the same final rule, section II.(c),
read as follows: ‘‘Critical regulations are
those identified as such where
noncompliance relates to management
and/or operational controls. These are
indicative of breakdowns in a carrier’s
management controls. An example of a
critical regulation is § 395.3(a)(1),
requiring or permitting a driver to drive
more than 10 hours.’’
The reference to ‘‘FHWA’’ in
paragraph (c) of the introductory text
was changed to ‘‘FMCSA’’ in
Miscellaneous Technical Amendments
on Oct. 1, 2001 (66 FR 49867, at 49872)
due to the establishment of the FMCSA
by the Motor Carrier Safety
Improvement Act of 1999.
In the 2003 Hours of Service for
Drivers final rule (68 FR 22456 at 22513
(Apr. 28, 2003)), section II.(c) was
amended by FMCSA—the only change
was to modify the time period at the end
to ‘‘11 hours’’ from ‘‘10 hours’’
reflecting the amended provisions of
§ 395.3(a)(1). No change was directed to
be made in paragraph (c) of the
introductory text. This change in
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appendix B to 49 CFR part 385, section
II.(c) was correctly published in the
2004 Code of Federal Regulations and
no change was made in paragraph (c) of
the introductory text. See 49 CFR part
385, app. B (10/01/2004 ed.), at pages
1023–24.
In the 2005 Hours of Service for
Drivers final rule (70 FR 49978 at 50070
(Aug. 25, 2005)), FMCSA again directed
that section II.(c) be revised to refer to
‘‘11 hours’’ even though that change had
already been published in the CFR. But
no change was directed to be made in
paragraph (c) of the introductory text.
Nonetheless, in the 2005 compilation of
the CFR, the revised text of section II.(c)
was published in two places: (1) in
place of the text in paragraph (c) of the
introductory text, which the Agency did
not intend to change; and (2) in section
II.(c), which was the only place that the
final rule directed that a change be
made. See 49 CFR part 385, app. B (10/
01/2005 ed.),6 at pages 239–240.
This amendment corrects the error in
the CFR and does not impose any new
requirements; it just restores the proper
paragraph (c) of the introductory text to
read as set out in the regulatory text at
the end of this document.
FMCSA is also republishing section
II.(c) as it was correctly published in the
2004 and 2005 CFRs to give context.
FMCSR Errors Resulting From Electronic
Logging Devices and Hours of Service
Supporting Documents Final Rule
Four amendments are being made to
the 2015 Electronic Logging Devices and
Hours of Service Supporting Documents
(ELD) final rule, December 16, 2015 (80
FR 78292, at 78381) below. The
amendments are to two critical
regulations in part 385, appendix B, the
filing of various complaints under
§ 386.1, and adding an additional
qualifying phrase to
§ 395.8(a)(1)(iii)(A)(3) about how to
determine whether a commercial motor
vehicle was manufactured before model
year 2000.
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Part 385, Appendix B List of Critical
and Acute Regulations
While reviewing the list of acute and
critical regulations, found in appendix B
of part 385, FMCSA discovered that the
terminology used to identify two of the
critical violations is confusing. In these
provisions, the critical violations occur
when a motor carrier fails to ensure that
drivers (or third parties) submit records
of duty status (or supporting
documents); while there is still a
6 See https://www.gpo.gov/fdsys/pkg/CFR-2005title49-vol5/pdf/CFR-2005-title49-vol5-part385appB.pdf.
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violation if those documents are
submitted late, late submissions are not
typically critical violations that could
affect the motor carrier’s safety rating. It
is only when the motor carrier fails
completely to require drivers to submit
the documents that such an effect could
occur. Thus, the two provisions
described above that are identified as
critical regulations in section VII. List of
Acute and Critical Regulations in
appendix B, are being revised to remove
the words ‘‘in a timely manner,’’ as set
out below:
• § 395.8(a)(2)(ii) Failure to require a
driver to submit record of duty
status (critical); and
• § 395.11(b) Failing to require a driver
to submit supporting documents
(critical)
This change reflects the way that
FMCSA treats violations currently, and
will therefore have no direct impact on
motor carriers.
§ 386.1 Filing of Substantial
Complaints, Filing of Harassment
Complaints, and Filing of Coercion
Complaints
In the same 2015 ELD rule, FMCSA
changed § 386.1, Scope of rules in this
part, to include references to complaints
of substantial violation, coercion, and
harassment. However, the Agency
overlooked the recent addition of a new
paragraph § 386.1(c) in its separate
Coercion final rule 7 published two
weeks before the ELD rule, and made
the amendatory instruction incorrectly.
To correct this inadvertent error, this
technical amendment adds new
§ 386.1(c)(1), (2), and (3), as was
explained in the amendatory
instructions of the ELD rule. New
§ 386.1(c)(1), (2), and (3) concern the
filing of substantial complaints, the
filing of harassment complaints, and the
filing of coercion complaints,
respectively. Similarly, the ELD rule
failed to modify a reference to the
coercion complaint process made
necessary by the rule’s restructuring of
§ 386.12. This rule corrects the
applicable cross-reference in
§ 390.6(b)(1), replacing the reference to
§ 386.12(e) with § 386.12(c).
§ 391.42 Schedule for Use of Medical
Examiners Listed on the National
Registry
FMCSA removes § 391.42. The
requirement that all medical
examinations performed ‘‘on or after
May 21, 2014 . . . must be conducted
by a medical examiner’’ listed on the
National Registry is not necessary as it
duplicates the requirements in § 391.43.
7 November
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68341
§ 391.43 Medical Examination and
Certificate of Physical Examination
FMCSA makes several amendments to
a driver’s medical exam, the form used
to record the results of the exam, and
the certificate issued upon completion
of the exam. FMCSA amends § 391.43(a)
to remove the reference to § 391.42,
which is being deleted as discussed
above.
The Agency also amends paragraph
(f), first by removing paragraph (f)(1)
because the use of the previous form
authorized by that paragraph is no
longer permitted. Second, the remaining
text (from paragraph (f)(2) which went
into effect on December 22, 2015) is
revised to remove the effective date.
Third, the latest approved version of
Medical Examination Report (MER)
Form, MCSA–5875 replaces the
previous version.
Similar changes are made in
paragraph (h) of § 391.43. First, FMCSA
removes paragraph (h)(1) because the
use of the previous form authorized by
that paragraph is no longer permitted.
Second, the Agency revises the
remaining text (from paragraph (h)(2)
which went into effect on December 22,
2015) to remove the effective date.
Third, the Agency updates the version
of Medical Examiner’s Certificate (MEC)
Form, MCSA–5876. Both the MER and
MEC forms have been approved by OMB
for use through August 31, 2018, under
OMB number 2126–0006.
§ 392.9b
Safety Registration
FMCSA revises the heading for
paragraph (a) in § 392.9b, as well as the
text within paragraph (a) to replace the
term ‘‘USDOT Registration’’ with
‘‘safety registration.’’ This change
should have been made as part of the
Unified Registration System rule that
was published on August 23, 2013 (78
FR 52608), and it should have gone into
effect along with other changes to this
section on November 1, 2013. FMCSA
revises the term to conform to the
terminology that is currently in place
within the Unified Registration System,
where there is no ‘‘USDOT
Registration.’’ Rather, there are USDOT
numbers, operating authority
registration, and safety registration. As a
result, this change should have no
impact on the type of registrations that
a motor carrier could receive from
FMCSA.
§ 395.1 Restoration of Supporting
Documents Exception for 100 Air-Mile
Radius Drivers
FMCSA revises § 395.1(e)(1) to restore
the supporting documents exception for
100 air-mile radius drivers inadvertently
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Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations
§ 397.101 Highway-Route Controlled
Quantity Shipments of Radioactive
Materials
§ 395.8 Driver’s Record of Duty Status
Since publication of the ELD rule in
December 2015, FMCSA has received a
significant number of questions asking
how a motor carrier can determine
whether a commercial motor vehicle
was manufactured before model year
2000, thus allowing its driver to use
paper records of duty status instead of
the ELD required in most other cases.
FMCSA amends § 395.8 to include an
additional qualifying phrase to
paragraph (a)(1)(iii)(A)(4) inserted after
‘‘model year 2000.’’ The model year
2000 will be determined during
roadside inspections ‘‘as reflected in the
vehicle identification number as shown
on the vehicle’s registration.’’ The
vehicle identification number includes
the model year. This will be particularly
useful in light of the installation of
truck-tractor glider kits. This technical
correction eliminates any ambiguity.
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removed by a FAST Act final rule 8
published on July 22, 2016. The ELD 9
rule added the supporting documents
exception for 100 air-mile radius
drivers, but the FAST Act rule
inadvertently removed it when FMCSA
revised § 395.1(e)(1) to add new 49
U.S.C. 31502(f)(1) that exempts drivers
of ready-mixed concrete delivery
vehicles from keeping records of duty
status under certain circumstances.
FMCSA revises the introductory text of
paragraph (e)(1) to restore it to read as
set out in the regulatory text at the end
of this document.
FMCSA amends the definition of a
migrant worker motor carrier to be
consistent with the ICCTA’s elimination
of the terms ‘‘contract’’ and ‘‘common’’
in the phrases ‘‘contract carrier by motor
vehicle’’ and ‘‘common carrier by motor
vehicle.’’ FMCSA revises the definition
to read as set out in the regulatory text
at the end of this document.
§ 397.73 Hazardous Material (HM)
Public Information and Reporting
Requirements
FMCSA provides routing agencies
with an alternative email address for
reporting changes to their HM route
registries. Each State and Indian tribe,
through its routing agency, must
provide information to FMCSA under
§ 397.73 identifying all non-radioactive
hazardous material (NRHM) routing
designations that exist within its
jurisdiction. A similar requirement in
§ 397.103 requires reporting of preferred
routes for highway route controlled
shipments of radioactive materials.
FMCSA is adding an optional,
electronic way to send FMCSA the
required information in both sections.
Currently the regulation restricts
transmittal to an address using certified
mail, return receipt requested.
8 Amendments To Implement Certain Provisions
of the Fixing America’s Surface Transportation Act
or ‘‘FAST Act,’’ July 22, 2016 (81 FR 47714, at
47721).
9 Electronic Logging Devices and Hours of Service
Supporting Documents final rule, December 16,
2015 (80 FR 78292, at 78381).
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Currently, § 397.101 requires each
carrier that accepts for transportation a
highway route controlled quantity of
hazardous material, as defined in 49
CFR 173.403, to file certain information
with FMCSA after accepting the package
for transportation. FMCSA no longer
uses this information, and therefore
removes paragraph (g) from § 397.101.
§ 398.1 Transportation of Migrant
Workers
Rulemaking Analyses
Executive Order 12866 (Regulatory
Planning and Review) and DOT
Regulatory Policies and Procedures
FMCSA has determined that this
action is not a significant regulatory
action within the meaning of Executive
Order 12866, as supplemented by
Executive Order 13563 (76 FR 3821, Jan.
18, 2011), or within the meaning of the
DOT regulatory policies and procedures
(44 FR 1103, Feb. 26, 1979). Thus, the
Office of Management and Budget
(OMB) did not review this document.
We expect the final rule will have no
costs; therefore, a full regulatory
evaluation is unnecessary.
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.
Unfunded Mandates Reform Act
The final rule will not impose an
unfunded Federal mandate, as defined
by the Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1532, et seq.), that will
result in the expenditure by State, local
and tribal governments, in the aggregate,
or by the private sector, of $155 million
(which is the value of $100 million in
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2015 after adjusting for inflation) or
more in any 1 year.
E.O. 13132 (Federalism)
A final rule has implications for
Federalism under section 1(a) of
Executive Order 13132 if it has
‘‘substantial direct effects on the States,
on the relationship between national
government and the States, or on the
distribution of power and
responsibilities among various levels of
government.’’ FMCSA has determined
that this rule will not have substantial
direct effects on States, nor will it limit
the policymaking discretion of States.
Nothing in this document preempts or
modifies any provision of State law or
regulation, imposes substantial direct
unreimbursed compliance costs on any
State, or diminishes the power of any
State to enforce its own laws.
Accordingly, this rulemaking does not
have Federalism implications
warranting the application of E.O.
13132.
E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O.
12372 regarding intergovernmental
consultation on Federal programs and
activities do not apply to this rule.
Indian Tribal Governments
This final rule does not have tribal
implications under Executive Order
13175 titled, ‘‘Consultation and
Coordination with Indian Tribal
Governments,’’ because it would not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3501 et seq.),
Federal agencies must obtain approval
from the Office of Management and
Budget (OMB) for each collection of
information they conduct, sponsor, or
require through regulations. FMCSA
determined that no new information
collection requirements are associated
with this final rule, nor are there any
revisions to existing, approved
collections of information. Therefore,
the PRA does not apply to this final
rule.
National Environmental Policy Act
FMCSA analyzed this final rule for
the purpose of ascertaining the
applicability of the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and determined
under our Environmental Procedures
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Order 5610.1, issued March 1, 2004 (69
FR 9680), that this action would not
have any effect on the quality of the
environment. In addition, this final rule
is categorically excluded from further
analysis and documentation under the
Categorical Exclusion (CE) in paragraph
6(b) of Appendix 2 of FMCSA Order
5610.1. This CE addresses minor
editorial corrections such as those found
in this rulemaking; therefore,
preparation of an environmental
assessment or environmental impact
statement is not necessary.
FMCSA also analyzed this rule under
the Clean Air Act, as amended (CAA),
section 176(c) (42 U.S.C. 42 U.S.C.
7506(c)), and implementing regulations
promulgated by the Environmental
Protection Agency. Approval of this
action is exempt from the CAA’s general
conformity requirement since it does
not affect direct or indirect emissions of
criteria pollutants.
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E.O. 12898 (Environmental Justice)
This final rule is not subject to
Executive Order 12898 (59 FR 7629,
Feb. 16, 1994). Executive Order 12898
establishes Federal executive policy on
environmental justice. Its main
provision directs Federal agencies to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
FMCSA determined that this rule will
not have disproportionately high and
adverse human health or environmental
effects on minority or low-income
populations because it does not change
the substance of any of the FMCSRs.
E.O. 13211 (Energy Effects)
FMCSA has analyzed this final rule
under Executive Order 13211 titled,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.’’ The Agency has
determined that it is not a ‘‘significant
energy action’’ under that Executive
Order because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 and is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Therefore,
no Statement of Energy Effects is
required.
E.O. 13045 (Protection of Children)
Executive Order 13045 titled,
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, Apr. 23, 1997),
requires agencies issuing ‘‘economically
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68343
significant’’ rules, if the regulation also
concerns an environmental health or
safety risk that an agency has reason to
believe may disproportionately affect
children, to include an evaluation of the
regulation’s environmental health and
safety effects on children. As discussed
previously, this rule is not economically
significant. Therefore, no analysis of the
impacts on children is required.
Nevertheless, as this final rule does not
change the substance of any of the
FMCSRs, FMCSA does not believe it
will have any environmental health or
safety impacts on children.
safety, Reporting and recordkeeping
requirements.
E.O. 12988 (Civil Justice Reform)
Motor carriers, Reporting and
recordkeeping requirements.
This action meets applicable
standards in sections 3(a) and 3(b)(2) of
E.O. 12988 titled, ‘‘Civil Justice
Reform,’’ to minimize litigation,
eliminate ambiguity, and reduce
burden.
E.O. 12630 (Taking of Private Property)
This final rule will not effect a taking
of private property or otherwise have
taking implications under E.O. 12630
titled, ‘‘Governmental Actions and
Interference with Constitutionally
Protected Property Rights.’’
National Technology Transfer and
Advancement Act
The National Technology Transfer
and Advancement Act (15 U.S.C. 272
note) requires Federal agencies
proposing to adopt technical standards
to consider whether voluntary
consensus standards are available. If the
Agency chooses to adopt its own
standards in place of existing voluntary
consensus standards, it must explain its
decision in a separate statement to
OMB. Because this final rule does not
adopt technical standards, there is no
need to submit a separate statement to
OMB on this matter.
Privacy Impact Assessment
Section 522(a)(5) of the
Transportation, Treasury, Independent
Agencies, and General Government
Appropriations Act, 2005 (Pub. L. 108–
447, Division H, Title I, 118 Stat. 2809
at 3268, Dec. 8, 2004) requires DOT and
certain other Federal agencies to
conduct a privacy impact assessment of
each rule that will affect the privacy of
individuals. Because this final rule will
not affect the privacy of individuals,
FMCSA did not conduct a separate
privacy impact assessment.
List of Subjects
49 CFR Part 355
Highway safety, Intergovernmental
relations, Motor carriers, Motor vehicle
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49 CFR Part 356
Administrative practice and
procedure, Freight forwarders,
Highways and roads, Motor carriers.
49 CFR Part 365
Administrative practice and
procedure, Brokers, Buses, Freight
forwarders, Maritime carriers, Mexico,
Motor carriers, Moving of household
goods.
49 CFR Part 369
49 CFR Part 370
Freight forwarders, Investigations,
Motor carriers.
49 CFR Part 373
Buses, Freight, Freight forwarders,
Motor carriers, Moving of household
goods.
49 CFR Part 374
Aged, Blind, Buses, Civil rights,
Freight, Individuals with disabilities,
Motor carriers, Smoking.
49 CFR Part 376
Motor carriers, Reporting and
recordkeeping requirements.
49 CFR Part 377
Credit, Freight forwarders, Maritime
carriers, Motor carriers, Moving of
household goods.
49 CFR Part 378
Freight forwarders, Investigations,
Motor carriers, Motor of household
goods.
49 CFR Part 382
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor
carriers, Penalties, Safety,
Transportation.
49 CFR Part 383
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
49 CFR Part 384
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
49 CFR Part 385
Administrative practice and
procedure, Highway safety, Mexico,
Motor carriers, Motor vehicle safety,
Reporting and recordkeeping
requirements.
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49 CFR Part 386
Administrative practice and
procedure, Brokers, Freight forwarders,
Hazardous materials transportation,
Highway safety, Motor carriers, Motor
vehicle safety, Penalties.
hire and private carriers of property and forhire carriers of passengers.
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.
■
1. The authority citation for part 355
continues to read as follows:
■
2. Revise the applicability section of
appendix A to part 355 to read as
follows:
asabaliauskas on DSK3SPTVN1PROD with RULES
■
Appendix A to Part 355—Guidelines for
the Regulatory Review
*
Applicability
The requirements must apply to all
segments of the motor carrier industry, for-
17:56 Oct 03, 2016
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§ 356.9
■
[Removed]
4. Remove § 356.7.
[Removed]
5. Remove § 356.9.
§ 356.11
§ 356.13
■
[Removed]
6. Remove § 356.11.
[Removed]
7. Remove § 356.13.
8. The authority citation for part 365
continues to read as follows:
■
Authority: 5 U.S.C. 553 and 559; 49 U.S.C.
13101, 13301, 13901–13906, 14708, 31138,
and 31144; sec. 5524 of Pub. L. 114–94, 129
Stat. 1312, 1560; and 49 CFR 1.87.
9. Amend § 365.105 by revising
paragraph (b) to read as follows:
■
§ 365.105 Starting the application process:
Form OP–1.
*
*
*
*
*
(b) Obtain forms at a FMCSA Division
Office in each State or at one of the
FMCSA Service Centers. Addresses and
phone numbers for the Division Offices
and Service Centers can be found at:
https://www.fmcsa.dot.gov/mission/
field-offices. The forms and information
about filing procedures can be
downloaded at: https://
www.fmcsa.dot.gov/registration/
registration-forms.
■ 10. Amend § 365.205 by revising
paragraph (d) to read as follows:
§ 365.205
Contents of the protest.
*
Authority: 49 U.S.C. 504 and 31101 et seq.;
and 49 CFR 1.87.
VerDate Sep<11>2014
*
PART 365—RULES GOVERNING
APPLICATIONS FOR OPERATING
AUTHORITY
PART 355—COMPATIBILITY OF STATE
LAWS AND REGULATIONS
AFFECTING INTERSTATE MOTOR
CARRIER OPERATIONS
*
*
PART 356—MOTOR CARRIER
ROUTING REGULATIONS
§ 356.7
49 CFR Part 398
Highway safety, Migrant labor, Motor
carriers, Motor vehicle safety, Reporting
and recordkeeping requirements.
In consideration of the foregoing,
FMCSA is amending 49 CFR chapter III,
subchapter B, parts 355, 356, 365, 369,
370, 373, 374, 376, 377, 378, 382, 383,
384, 385, 386, 390, 391, 392, 395, 397,
and 398, as set forth below:
*
*
Authority: 5 U.S.C. 553; 49 U.S.C. 13301
and 13902; and 49 CFR 1.87.
49 CFR Part 397
Administrative practice and
procedure, Hazardous materials
transportation, Highway safety,
Intergovernmental relations, Motor
carriers, Parking, Radioactive materials,
Reporting and recordkeeping
requirements, Rubber and rubber
products.
*
*
3. The authority citation for part 356
continues to read as follows:
49 CFR Part 395
Highway safety, Motor carriers,
Reporting and recordkeeping
requirements.
*
*
*
*
*
*
(d) Protests must respond directly to
the statutory standards for FMCSA
review of the application. As these
standards vary for particular types of
applications, potential protestants
should refer to the general criteria
addressed at § 365.107 and may consult
the FMCSA at 800–832–5660 or via the
web form at https://www.fmcsa.dot.gov/
ask for further assistance in developing
their evidence.
■ 11. Amend § 365.413 by revising
paragraph (b) and adding paragraph (c)
to read as follows:
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§ 365.413 Procedures for changing the
name or business form of a motor carrier,
freight forwarder, or property broker.
*
*
*
*
*
(b) Procedures. To accomplish these
changes, a letter or signed copy of form
MCSA–5889, ‘‘Motor Carrier Records
Change Form,’’ OMB No. 2126–0060,
must be submitted to the Federal Motor
Carrier Safety Administration. It must
be submitted in one of the following
three ways.
(1) Scanned and submitted via the
web form at https://www.fmcsa.dot.gov/
ask;
(2) Faxed to (202–366–3477); or
(3) Mailed to the Federal Motor
Carrier Safety Administration, Office of
Registration and Safety Information
(MC–RS), 1200 New Jersey Ave. SE.,
Washington, DC 20590–0001. The
envelope should be marked ‘‘NAME
CHANGE’’.
(c) The registrant must provide:
(1) The docket number(s) and name of
the carrier, freight forwarder, or
property broker requesting the change;
(2) A copy of the articles of
incorporation and the State certificate
reflecting the incorporation;
(3) The name(s) of the owner(s) of the
stock and the distribution of the shares;
(4) The names of the officers and
directors of the corporation; and
(5) A statement that there is no change
in the ownership, management, or
control of the business. When this
procedure is being used to transfer
operating rights from a deceased or
incapacitated spouse to the other
spouse, documentation that the other
spouse has the legal right to effect such
change must be included with the
request. The fee for filing a name change
request is in § 360.3(f) of this chapter.
PART 369—REPORTS OF MOTOR
CARRIERS
12. The authority citation for part 369
continues to read as follows:
■
Authority: 49 U.S.C. 14123; 49 CFR 1.87.
13. Amend § 369.1 by revising the
heading and paragraph (a) to read as
follows:
■
§ 369.1 Annual reports of for-hire, nonexempt motor carriers of property, motor
carriers of household goods, and dual
property carriers.
(a) Annual Report Form M. All class
I and class II for-hire, non-exempt motor
carriers of property, including
household goods and dual property
motor carriers, must file Motor Carrier
Annual Report Form M (Form M).
Carriers must file the annual report on
or before March 31 of the year following
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§ 373.101 For-hire, non-exempt motor
carrier bills of lading.
the year to which it relates. For
classification criteria, see § 369.2.
*
*
*
*
*
14. Amend § 369.2 by revising the
heading and the introductory text of
paragraph (a) to read as follows:
■
§ 369.2 Classification of carriers—for-hire,
non-exempt motor carriers of property,
household goods carriers, and dual
property carriers.
(a) For-hire, non-exempt motor
carriers of property are grouped into the
following three classes:
*
*
*
*
*
15. Amend § 369.3 by revising the
heading and the introductory text of
paragraph (a) to read as follows:
■
§ 369.3 Classification of carriers—for-hire,
non-exempt motor carriers of passengers.
(a) For-hire, non-exempt motor
carriers of passengers are grouped into
the following two classes:
*
*
*
*
*
PART 370—PRINCIPLES AND
PRACTICES FOR THE INVESTIGATION
AND VOLUNTARY DISPOSITION OF
LOSS AND DAMAGE CLAIMS AND
PROCESSING SALVAGE
16. The authority citation for part 370
continues to read as follows:
■
Authority: 49 U.S.C. 13301 and 14706;
and 49 CFR 1.87.
21. Amend § 373.103 by revising the
heading and paragraphs (a) introductory
text and (b) introductory text to read as
follows:
■
§ 373.103
bills.
17. Amend § 370.9 by revising
paragraph (b) to read as follows:
(a) Property. Every for-hire, nonexempt motor carrier shall issue a
freight or expense bill for each shipment
transported containing the following
information:
*
*
*
*
*
(b) Charter transportation of
passenger service. Every for-hire, nonexempt motor carrier providing charter
transportation of passenger service shall
issue an expense bill containing the
following information:
*
*
*
*
*
PART 374— PASSENGER CARRIER
REGULATIONS
Disposition of claims.
PART 373—RECEIPTS AND BILLS
Subpart A—Discrimination in
Operations of Interstate Motor Carriers
of Passengers
[Amended]
25. In § 374.101, remove the word
‘‘common’’.
18. The authority citation for part 373
continues to read as follows:
■
Authority: 49 U.S.C. 13301, 13531, and
14706; and 49 CFR 1.87.
§ 374.103
§ 373.100
Applicability.
20. Amend § 373.101 by revising the
heading and introductory text to read as
follows:
■
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17:56 Oct 03, 2016
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[Amended]
26. In § 374.103, remove the word
‘‘common’’.
■
§ 374.105
This subpart applies to motor carriers
subject to 49 U.S.C. subtitle IV, part B
(secs. 13101–14916).
§ 374.113
[Amended]
31. In § 374.113, paragraph (a),
remove the word ‘‘common’’.
■
§ 374.201
[Amended]
32. In § 374.201, remove the word
‘‘common’’.
■ 33. Revise the heading for subpart C
to read as follows:
■
Subpart C—Adequacy of Intercity
Motor Carrier Passenger Service
§ 374.301
[Amended]
34. In § 374.301, remove the word
‘‘common’’.
■
§ 374.303
[Amended]
35. In § 374.303, paragraph (a),
remove the word ‘‘common’’.
■ 36. Revise § 374.401 to read as
follows:
■
§ 374.401 Minimum permissible limitations
for baggage liability.
§ 374.403
Applicability.
This part applies to motor carriers
subject to 49 U.S.C. subtitle IV, part B
(secs. 13101–14916).
■ 24. Revise the heading for subpart A
to read as follows:
§ 374.101
19. Add § 373.100 to read as follows:
[Amended]
30. In § 374.111, remove the word
‘‘common’’.
■
§ 374.107
§ 374.1
■
■
§ 374.111
27. In § 374.105, remove the word
‘‘common’’.
22. The authority citation for part 374
continues to read as follows:
■
23. Add § 374.1 before subpart A to
read as follows:
*
*
*
*
(b) When settling a claim for loss or
damage, a household goods motor
carrier as defined in § 375.103 of this
subchapter shall use the replacement
costs of the lost or damaged item as a
base to apply a depreciation factor to
arrive at the current actual value of the
lost or damaged item.
[Amended]
29. In § 374.109, remove the word
‘‘common’’.
■
Motor carriers of passengers and
baggage subject to 49 U.S.C. 13501 may
not publish tariff provisions limiting
their liability for loss or damage to
baggage checked by a passenger
transported in regular route or special
operations unless:
(a) The amount for which liability is
limited is $250 or greater per adult fare;
and
(b) The provisions permit the
passenger, for an additional charge, to
declare a value in excess of the limited
amount, and allow the passenger to
recover the increased amount (but not
higher than the actual value) in event of
loss or damage. The carriers may
publish a maximum value for which
they will be liable, but that maximum
value may not be less than $1,000.
Appropriate identification must be
attached securely by the passenger to
each item of baggage checked,
indicating in a clear and legible manner
the name and address to which the
baggage should be forwarded if lost and
subsequently recovered. Identification
tags shall be made immediately
available by the carriers to passengers
upon request.
(c) Carriers need not offer excess
value coverage on articles listed in
§ 374.307(c)(3).
■
*
asabaliauskas on DSK3SPTVN1PROD with RULES
For-hire, non-exempt expense
Authority: 49 U.S.C. 13301 and 14101;
and 49 CFR 1.87.
■
§ 370.9
Every motor carrier subject to
§ 373.100 shall issue a receipt or bill of
lading for property tendered for
transportation in interstate or foreign
commerce containing the following
information:
*
*
*
*
*
§ 374.109
68345
[Amended]
■
[Amended]
28. In § 374.107, remove the word
‘‘common’’ and the word ‘‘Common’’.
■
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[Amended]
37. In § 374.403, paragraph (a),
remove the word ‘‘common’’.
■
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§ 374.405
[Amended]
certifying that it is operating the
equipment. * * *
*
*
*
*
*
38. In § 374.405, remove the word
‘‘common’’.
■
Subpart E—Incidental Charter Rights
39. The authority citation for subpart
E to part 374 is revised to read as
follows:
■
Authority: 49 U.S.C. 13301, 13501, 13506;
and 49 CFR 1.87.
§ 374.501
[Amended]
45. The authority citation for part 377
continues to read as follows:
Authority: 49 U.S.C. 13101, 13301, 13701,
13702, 13706, 13707, and 14101; and 49 CFR
1.87.
46. Revise § 377.101 to read as
follows:
§ 377.101
PART 376—LEASE AND
INTERCHANGE OF VEHICLES
41. The authority citation for part 376
continues to read as follows:
■
Authority: 49 U.S.C. 13301 and 14102;
and 49 CFR 1.87.
42. Amend § 376.1 by revising the
introductory text and paragraph (c) to
read as follows:
■
Applicability.
§ 377.103
§ 376.2
■
43. Amend § 376.2 by removing the
term ‘‘common’’ in paragraph (c).
■ 44. Amend § 376.31 as follows:
■ a. Revise the introductory text; and
■ b. Revise the introductory text of
paragraph (d), the first sentence of
paragraph (d)(1), and the first sentence
of paragraph (d)(2).
The revisions read as follows:
■
asabaliauskas on DSK3SPTVN1PROD with RULES
§ 376.31
Authorized for-hire motor carriers
may interchange equipment under the
following conditions:
*
*
*
*
*
(d) Identification of equipment. The
authorized for-hire motor carrier
receiving the equipment shall identify
equipment operated by it in interchange
service as follows:
(1) The authorized for-hire motor
carrier shall identify power units in
accordance with FMCSA’s requirements
in 49 CFR part 390 (Identification of
Vehicles). * * *
(2) Unless a copy of the interchange
agreement is carried on the equipment,
the authorized for-hire motor carrier
shall carry a statement with each
vehicle during interchange service
17:56 Oct 03, 2016
Jkt 241001
[Amended]
47. Amend § 377.103 by removing the
term ‘‘common’’ and adding in its place
the term ‘‘motor’’.
■
§ 377.105
PART 378—PROCEDURES
GOVERNING THE PROCESSING,
INVESTIGATION, AND DISPOSITION
OF OVERCHARGE, DUPLICATE
PAYMENT, OR OVERCOLLECTION
CLAIMS
52. The authority citation for part 378
continues to read as follows:
[Amended]
48. Amend § 377.105 by removing the
term ‘‘common’’ and adding in its place
the term ‘‘motor’’.
■ 49. Revise the heading to subpart B of
part 377 to read as follows:
Subpart B—Extension of Credit to
Shippers by For-Hire, Non-Exempt
Motor Carriers and Household Goods
Freight Forwarders
50. Revise § 377.201 to read as
follows:
Authority: 49 U.S.C. 13321, 14101, 14704
and 14705; and 49 CFR 1.87.
§ 378.1
[Amended]
53. Amend § 378.1 by removing the
term ‘‘common’’.
■
§ 378.2
[Amended]
54. Amend § 378.2 by removing the
term ‘‘common’’ in paragraph (a).
■
PART 382—CONTROLLED
SUBSTANCES AND ALCOHOL USE
AND TESTING
55. The authority citation for part 382
continues to read as follows:
■
Authority: 49 U.S.C. 31133, 31136, 31301
et seq., 31502; sec. 32934 of Pub. L. 112–141,
126 Stat. 405, 830; and 49 CFR 1.87.
56. Amend § 382.103 by revising
paragraph (d)(3)(i)(C) to read as follows:
■
§ 382.103
Applicability.
*
*
*
*
*
(d) * * *
(3) * * *
(i) * * *
(C) Not used in the operations of a forhire motor carrier, except for an exempt
motor carrier as defined in § 390.5 of
this subchapter;
*
*
*
*
*
■
Interchange of equipment.
VerDate Sep<11>2014
[Amended]
51. Amend § 377.217 by removing the
term ‘‘common’’ and adding in its place
the term ‘‘motor’’.
■
■
Applicability.
(a) Applicability. The rules and
regulations in this part apply to the
transportation by motor vehicle of cashon-delivery (c.o.d.) shipments by all forhire motor carriers of property subject to
49 U.S.C. 13702.
(b) Exceptions. (1) The rules in this
part do not apply to transportation
which is auxiliary to or supplemental of
transportation by railroad and
performed on railroad bills of lading.
(2) The rules in this part do not apply
to transportation which is performed for
freight forwarders and on freight
forwarder bills of lading.
The regulations in this part apply to
the following actions by motor carriers
registered with the Secretary to
transport property under 49 U.S.C.
subtitle IV, part B:
*
*
*
*
*
(c) The interchange of equipment
between for-hire motor carriers in the
performance of transportation regulated
by the Secretary.
[Amended]
§ 377.217
■
■
40. Amend § 374.501 by removing
‘‘[49 U.S.C. 10932(c)]’’.
■
§ 376.1
PART 377—PAYMENT OF
TRANSPORTATION CHARGES
(2) Property transportation incidental
to passenger operations.
§ 382.305
[Amended]
57. In § 382.305, amend paragraph
(b)(2) by removing ‘‘50 percent’’ and
adding in its place ‘‘25 percent’’.
■
§ 377.201
Scope.
(a) General. These regulations apply
to the extension of credit in the
transportation of property under Federal
Motor Carrier Safety Administration
regulation by for-hire, non-exempt
motor carriers and household goods
freight forwarders subject to 49 U.S.C.
subtitle IV, part B, except as otherwise
provided.
(b) Exceptions. These regulations do
not apply to—
(1) Transportation for—
(i) The United States or any
department, bureau, or agency thereof;
(ii) Any State or political subdivision
thereof; or
(iii) The District of Columbia.
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PART 383—COMMERCIAL DRIVER’S
LICENSE STANDARDS;
REQUIREMENTS AND PENALTIES
58. The authority citation for part 383
continues to read as follows:
■
Authority: 49 U.S.C. 521, 31136, 31301 et
seq., and 31502; secs. 214 and 215 of Pub. L.
106–159, 113 Stat. 1748, 1766, 1767; sec.
1012(b) of Pub. L. 107–56, 115 Stat. 272, 297,
sec. 4140 of Pub. L. 109–59, 119 Stat. 1144,
1746; sec. 32934 of Pub. L. 112–141, 126 Stat.
405, 830; sec. 7208 of Pub. L. 114–94, 129
Stat. 1312, 1593; and 49 CFR 1.87.
59. Amend § 383.3 by revising
paragraph (d)(1)(iii) to read as follows:
■
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§ 383.3
Applicability.
*
*
*
*
*
(d) * * *
(1) * * *
(iii) Not used in the operations of a
for-hire motor carrier, except for an
exempt motor carrier as defined in
§ 390.5 of this subchapter;
*
*
*
*
*
■ 60. Amend § 383.5 by revising the
definition of School bus to read as
follows:
§ 383.5
Definitions.
*
*
*
*
*
School bus means a CMV used to
transport pre-primary, primary, or
secondary school students from home to
school, from school to home, or to and
from school-sponsored events. School
bus does not include operations of a forhire motor carrier.
*
*
*
*
*
■ 61. Amend § 383.77 by revising
paragraph (a)(5) to read as follows:
§ 383.77 Substitute for driving skills tests
for drivers with military CMV experience.
*
*
*
*
*
(a) * * *
(5) Has not had any conviction for a
violation of military, State or local law
relating to motor vehicle traffic control
(other than a parking violation) arising
in connection with any traffic accident,
and has no record of an accident in
which he/she was at fault; and
*
*
*
*
*
§ 383.131
[Amended]
62. Amend § 383.131 by removing all
references to ‘‘July 2010’’ and adding in
its place the phrase ‘‘July 2010 or
newer’’.
■
§ 383.133
[Amended]
63. Amend § 383.133 by removing all
references to ‘‘July 2010’’ and adding in
its place the phrase ‘‘July 2010 or
newer’’.
■
PART 384—STATE COMPLIANCE
WITH COMMERCIAL DRIVER’S
LICENSE PROGRAM
64. The authority citation for part 384
is continues to read as follows:
■
Authority: 49 U.S.C. 31136, 31301, et seq.,
and 31502; secs. 103 and 215 of Pub. L. 106–
59, 113 Stat. 1753, 1767; and 49 CFR 1.87.
65. Revise § 384.401 to read as
follows:
asabaliauskas on DSK3SPTVN1PROD with RULES
■
§ 384.401 Withholding of funds based on
noncompliance.
(a) Following the first year of
noncompliance. An amount up to 4
percent of the Federal-aid highway
funds required to be apportioned to any
State under each of sections 104(b)(1),
VerDate Sep<11>2014
17:56 Oct 03, 2016
Jkt 241001
(b)(3), and (b)(4) of title 23 U.S.C. shall
be withheld from a State on the first day
of the fiscal year following such State’s
first year of noncompliance under this
part.
(b) Following second and subsequent
year(s) of noncompliance. An amount
up to 8 percent of the Federal-aid
highway funds required to be
apportioned to any State under each of
sections 104(b)(1), (b)(3), and (b)(4) of
title 23 U.S.C. shall be withheld from a
State on the first day of the fiscal year
following such State’s second or
subsequent year(s) of noncompliance
under this part.
§ 384.407
■
[Removed and Reserved]
66. Remove and reserve § 384.407.
PART 385—SAFETY FITNESS
PROCEDURES
67. The authority citation for part 385
continues to read as follows:
■
Authority: 49 U.S.C. 113, 504, 521(b),
5105(d), 5109, 13901–13905, 31133, 31135,
31136, 31137, 31144, 31148, and 31502; Sec.
113(a), Pub. L. 103–311; Sec. 408, Pub. L.
104–88, 109 Stat. 803, 958; Sec. 350, Pub. L.
107–87; and 49 CFR 1.87.
68347
compliance with the applicable safety
requirements. A ‘‘safety fitness methodology’’
(SFRM) was developed by the FMCSA,
which uses data from compliance reviews
(CRs) and roadside inspections to rate motor
carriers.
*
*
*
*
*
II. Converting CR Information Into a Safety
Rating
*
*
*
*
*
(c) Critical regulations are those identified
as such where noncompliance relates to
management and/or operational controls.
These are indicative of breakdowns in a
carrier’s management controls. An example
of a critical regulation is § 395.3(a)(1),
requiring or permitting a property-carrying
commercial motor vehicle driver to drive
more than 11 hours.
*
*
*
*
*
VII. List of Acute and Critical Regulations
*
*
*
*
*
§ 395.8(a)(2)(ii) Failure to require a driver
to submit record of duty status (critical).
*
*
*
*
*
§ 395.11(b) Failing to require a driver to
submit supporting documents (critical).
68. Revise § 385.303 to read as
follows:
*
§ 385.303 How does a motor carrier
register with the FMCSA?
PART 386—RULES OF PRACTICE FOR
FMCSA PROCEEDINGS
■
A motor carrier may contact the
FMCSA by internet
(www.fmcsa.dot.gov); or Washington,
DC headquarters by mail at, Federal
Motor Carrier Safety Administration,
1200 New Jersey Ave. SE., Washington,
DC 20590–0001; fax 202–366–3477; or
telephone 1–800–832–5660, and request
the application materials for a new
entrant motor carrier. Forms can also be
downloaded from https://
www.fmcsa.dot.gov/registration/
registration-forms. A motor carrier
which does not already have a USDOT
number must apply online via the
Unified Registration System (URS) at
www.fmcsa.dot.gov/urs.
■ 69. Amend appendix B to part 385 as
follows:
■ a. Revise paragraph (c) of the
introductory text.
■ b. Republish section II.(c).
■ c. In section VII, revise the entries for
§§ 395.8(a)(2)(ii) and 395.11(b).
The revisions read as follows:
Appendix B to Part 385—Explanation
of Safety Rating Process
*
*
*
*
*
(c) To meet the safety fitness standard, a
motor carrier must demonstrate to the
FMCSA that it has adequate safety
management controls in place which
function effectively to ensure acceptable
PO 00000
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*
*
*
*
70. The authority citation for part 386
is revised to read as follows:
■
Authority: 49 U.S.C. 113; 49 U.S.C.
chapters 5, 51, 59, 131–141, 145–149, 311,
313, and 315; Sec. 204, Pub. L. 104–88, 109
Stat. 803, 941 (49 U.S.C. 701 note); Sec. 217,
Pub. L. 105–159, 113 Stat. 1748, 1767; Sec.
206, Pub. L. 106–159, 113 Stat. 1763; subtitle
B, title IV of Pub. L. 109–59; Sec. 701 of Pub.
L. 114–74, 129 Stat. 584, 599; and 49 CFR
1.81 and 1.87.
71. Amend § 386.1 by revising
paragraph (c) to read as follows:
■
§ 386.1
Scope of rules in this part.
*
*
*
*
*
(c)(1) The rules in § 386.12(a) govern
the filing of a complaint of a substantial
violation and the handling of the
complaint by the appropriate Division
Administrator.
(2) The rules in § 386.12(b) govern the
filing by a driver and the handling by
the appropriate Division Administrator
of a complaint of harassment in
violation of § 390.36 of this subchapter.
(3) The rules in § 386.12(c) govern the
filing by a driver and the handling by
the appropriate Division Administrator
of a complaint of coercion in violation
of § 390.6 of this subchapter.
E:\FR\FM\04OCR1.SGM
04OCR1
68348
Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations
72. 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, 31149,
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. 5518, 5524,
Pub. L. 114–94, 129 Stat. 1312, 1558, 1560;
and 49 CFR 1.81, 1.81a, and 1.87.
73. Amend § 390.6 by revising
paragraph (b)(1) to read as follows:
■
§ 390.6
asabaliauskas on DSK3SPTVN1PROD with RULES
*
*
Coercion prohibited.
*
VerDate Sep<11>2014
*
*
17:56 Oct 03, 2016
Jkt 241001
§ 391.42
(b) * * *
PART 390—FEDERAL MOTOR
CARRIER SAFETY REGULATIONS;
GENERAL
(1) A driver who believes he or she
was coerced to violate a regulation
described in paragraph (a)(1) or (2) of
this section may file a written complaint
under § 386.12(c) of this subchapter.
*
*
*
*
*
PART 391—QUALIFICATIONS OF
DRIVERS AND LONGER
COMBINATION VEHICLE (LCV)
DRIVER INSTRUCTORS
74. The authority citation for part 391
continues 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.
PO 00000
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■
[Removed]
75. Remove § 391.42.
76. Amend § 391.43 by revising
paragraphs (a), (f), and (h) to read as
follows:
■
§ 391.43 Medical examination; certificate
of physical examination.
(a) Except as provided by paragraph
(b) of this section, the medical
examination must be performed by a
medical examiner listed on the National
Registry of Certified Medical Examiners
under subpart D of part 390 of this
chapter.
*
*
*
*
*
(f) The medical examination shall be
performed, and its results shall be
recorded on the Medical Examination
Report Form, MCSA–5875, set out
below:
BILLING CODE 4910–EX–P
E:\FR\FM\04OCR1.SGM
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68349
Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations
OMBNo. 2121>00011
- - - - - - - - - - - - - City: _ _ _ _ _ _ _ _ _ Statell'rovlnce: _ _ _ ZlpCods _ _ _ _ 1
lnull'l!:l~~---
Phone: _ _ _ _ _ Gender: OM OF
CLP/CDL Applicant/Holder":
0
Yes
0
No
tll'lveriDVerlfleciBy"": _ _ _ _ _ _ _ _ _ _ _ _
1
IHa,sy~urliSD()TJF'MC5Aa'lediicall~ifiateeNrbeendeniedorlssuedforlessthan2years7 OYe ONo 0NotSure
ov. ONo o Notsu...
Ate you curnmtlytaking medications {prescription, over-the<amw,hetbal remedies, diet.II.IPPkmenW'I
lf•yu• please describe belaw.
0V.0No0NotSUN
'""'Nsd«tmentconUoins serisill\le inll>rmation afld ~1\:>rollldal. use~~~· lmf'I'Qper hafldllng ofthis lnf~ could M!lallvelyillfect lfldividuals. Handle and se<:UI'Il this
lnfolmatlonaJllln>priahlyto pre""nt inadvl!m>llt dlsl:losllre by l<eolpingthe documoms undE< 111ecolltl01 ofautho.- pem>ns. l'loperly dispo<eofthisdocumentwhl!n
111> lo~>g~er ,.;qUiredto he malmolned by I'!!JUIIit<I'Y""'Ui"'menu...
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Pagel
68350
Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations
OMBNo. 2121>00011
I
DRIVeR
H~AlTH
HIS TOR~
I
Exam Dots
COB:
First Name:
last Ni>ll'l<!>
'
Not
Ooyouhaftwhaftyou -had:
1. Hudibrain injuries orillnassas (eg.C<Jil<liSSioo)
2. SeiZu~epllepsy
3..1!ye problems (eJ~K:eptg~aamtacts)
4. Ellrand/or hearing problems
s. Hean disease. heart attack. bypass. orotherhean
problems
Not
Yes Ito SUra
Yes Ito SUra
0 0 0 16. Olrzln~~ss, headaches, numbn~~ss, tingling, or memory
loss
0 0 0
17. Unexplained weight loss
000
0 0 0 I a StrcU, minktrcka (TIA), paralysis, or waaknass
0 0 0 l 9;. Missing or limited use of arm, hand, finger, leg, foot, toe
6. Pacemalrs', stents. Implantable deY!ces. orotherhean
0 0 0
20. Neck or back problems
21. llon~ muscle. Joint or nerve problems
22. Blood clots or biM<Img problams
7. High blood prass~m~
0 0 0
23.Cance:
()I'OCI!dum
s. High cl!olesletd
0 0
9. Chronic tlonstWmlcough. sl!ortnm ofb-h, or other
brmthing problams
IC. lung dise~~se (e.g. asthma)
11. Kidney probll!ll'l!> kidney stOI'II!S, orpainlproblemswith
urination
12. Stomach.liwr, or digestive problems
I 3. diabatt!s or blood sugar problems
Insulin used
14. Amdlty, dtpi'8Hlon. MI'VO!Jsness. other mental health
problems
15.1'alntlng or passjng out
0 24. Chrooidong-tenn) infection or other chronic diseaseS
0 0 0
25. SleepdisordGH, pausas in b-hingwhileasl•p.
0 0 0
0 0 0
21Uiaveyou-hadasleeptest(eg.s/eepllpnel'!l7
d~¥tima sl88pinass, loud snoring
coo
00 0
0 0 0
000
000
27.Haveyou8\18rspentanlghtlnthahospltaP.
28. Haw you- had a broken bone?
29.Haveyou.-usadordoyounowusatobacco?
30. 0o you cu!Tently drlnhlcohol?
31, Haw you used aniRegtl substllncewithln th4t past two
years?
32. Haw you- failed a drug leSt or been dependent on
an lftegal sub!tllnce7
Did you •-")tH"toany of questions 1·32?1f m, pleue comment further en these h•lth conditions below.
0 0 0
000
000
000
000
000
000
000
000
000
000
0 0 0
000
000
0 0 0
000
000
Ov. ONo ONotSur.
ce~lffil1that:th4t above information is accurate and compllllla.l.undtrstand thot
inaccurate, fallaor missing InfOrmation may invalidateth4t araminotion
mvMMilcal wmlnel'sCaniflcata, that submission offraudullmt or intentionally false infOrmation iu violation d 49 CfR 390.3S.. and that mbmission
I offra~tclul~otintentionallyfalse infomnitlon may subject metodvil or criminal penalt!e~ under§CfB39!)37and~AppendicesAand B.
Date:
DHI\I£R fl[i\LTII HISTORY REVIeW
Flevlewanddlscuss pertinentdriveramwer.sQlld anyavailable medical~ Comment on the cirM1t'sresponsestothe 'health hlmNy"questms !hatmayaHKt the
dfAinsafecperatillnofa commt~C/Qimctcrvehlcle ttM'),
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Page2
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68351
OMBNo. 2121>00011
lu.st Nanie<:
FirstNall'll!t
TESTING
PulsarhythmNgular:OYes ONo
Urinal~
Diastolic
Systolic
Sitting
Second reading
Sp.Gr.
P!OtQin
Sugar
Blood
Urinalysis is required.
Numerical readings
most be RICOtded.
(optional)
Oth6rte5tlng lflndicatad
Protlii4 blood, orsugar in the urine moybeanindirolicn li:H'futthertesting to
fUfeoutanyfJfldedylng.tned/altproblem.
VltiiOit
HUril!ll
StOll(f(lrd i> at least 20140aruity(Snel/eti) in e«.heyewith orwithouteure:;licn.At Standard: MIJ$tlitstperceivewhi>pemlvolce"at net less than S feet OR overage
least liY'iiektofvitioo. in horlzootol mt1lidianmeasuted in em:h eye The use: ofcor· hearing loss ofless than orequalto4iidftin betterear(with awilhoot hearing aiGI).
ledivelenses shouldbe notedon theMedica/'Examinets Certilicate
Acuity
Uncorrected Corrected Horizontal Field of Vision Chack if h1111rlng aid usad for test:
201_
201_
201_
201_
201_
20/_
0 Right Ear 0
WhispM'Test Results
RightEya:_degrus
l.eftEye: _degrees
l.8ft Ear ONeither
Right Ear l.8ft Ear
Record dlst~tnce (ill feet} from dl'lvent which 1 fom
whisperedvokecanflrstbeheatd
V.. No OR
Applicant can recognize and distinguish among tAffic control
signals and devm showing red, g~a~n, and ambarcolors
Monocular vision
Referred to ophthalmologist or optomil!trlst1
ReceiVed documentation from q,hthalmologlst or optometrist?
0 0
0 0
AUdiom.aidestiiHults
Right Ear
500Hz
lOOOHz 2000Hz
Left far
SOOHz
1000Hz
Normal Abnormal
lociJSymm
!,General
2. Skin
3. Eyas
4. Ears
s. Moltlhl!hroat
6. Catdiovascular
7.Lungs/i:hest
Normal Abnormal
BodySyatem
&.Abdomen
0
0
9. Genfto.urmry S)ISternincludlng hemias
0
0
10. Back/Spin.
0
0
11. Extremities/joints
0
0
12. ~rological system Including rtflues
0
0
13. Gait
0
0
14. Vascularsystern
Dlsa.lss illl)IIJbnotmal cmW!J:f ill demilm lht $p(labe/owond /l!dirortwhelhtr It woold affett !he driver'f ability mopemrea CM1f.
El'lter applkabfe Item l!!.lmberbe/Oreeach «mment.
0
2000Hz
00
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
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Page3
68352
Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations
OMBNo. 2121>00011
lla!t Name:.
First Name:
MEDICAl EXJlMIFJER DEHRI'/dNJlTION IFod•ral.
use this seaion fDr#RHnmtltmsptJfrirmed in ~with ttiefedetttl MowrcOrrJer.SaFttyl'legu!Qtiom t§Cflli9l.41?91.421i.
0
0
Oofi not m.at standardS !SP«H?reasoor.
Mllii'S standardtln49 CFB 391.41: qualifies for 2.,._r cwtlfk~
0 Meets standards, but periodic monitoring required !SP«i/Y liWSori}:
Dr!- quallfled for. 0 3months 06mont~ 0 !year Q othar(.lpei:~J:
0 wearing corrective lenses
0 Welrlng hearing aid 0 Accompanied by li waiver/exemption (specify~:
OUalmectbyopar.monot49cFJ!m.64tfi:demll
0 ~paniad by a Skill Parformilnaa: Evaluation (SPE) Certificate
0 Driving within an -mpt intracity zone (See49CFI!l91 6l).l&.rkmJ1.
o
0llat8nnlnatlon pending~~):
0 Retum to madical.a~<am offic&forfollow-upon (must be 4S days; or l;lss}:
0 Medical Examination Report amended (spedfy~WSOO):
lifamerniedJ Medical Examlnel's Slgnaturec
0
Date:
lmomplete examination (spedfyreoson):
jlflhlfiMrmMtslhe-......-....~n.aam.t],llllnmlllplellaMidkaiExlmlnll'sl'lrtlflateasstahllln!iCIBl91AlOil.as.,.....l
I have performed this IMlluation for Ct!riltiCation.l have personally reviewed allavalla blerea:ords and recorded information pertaining to this IMJluation,
and attest that to the best of my lcnowledge, I believe it to be true and correct.
Medical Examiner's Signature:
Medical Ell'aminar's Nama /Please printorl)lpe'):
State: _ _ ZlpCoda:
Medical EXaminer's Address:
City:
Medical EDminer'sTelephone Number:
OateCet'tillcate Signed:
Medical EDmlner's State License. Certificate, or Registration Number:
0MD Ooo 0 Ph)'sieiln Assistant 0Chl10prlctor
0 other.Prac:tltioner (speci(W:
0
Issuing State: _ _
Advanc.ed Practice Nurse
I
Medical Extminer's Certificate Expiration Date:
N•"onat ReglstJY Nllmbe!:
I
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Page4
Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations
68353
Usetl'lis~for-irltJtlrmSc~ilulcco~with!hel'edemiMotortoll'lerSaf«ytkgulor!Omf49CFR391.4!·3!!1.4!1iwkllany~ialble~
vadances(whidlw/UonlybeW/idf«infiU$fGttGpet'lltians}:
O Does not meet standards in 49 CFR391.4t...nth 1111)' applicabi~Statevarionces {spe!:i/'yreasm1: - - - - - - - - - - - - - - - - I
0
Me;(s standa«ls in49 CFBS91Al...nth <~II)' applcableState variances
O Meets standards, but periodic monitoring required (spedfyMI:son): -----------------------I
Cri-qual&dfor. 0 3months 0 6months 0 !year 0 olher(sp;!Ci/'y): _ _ _ _ _ _ _ __
0 Wearing corr..:tivelenses 0Warlng hearing aid 0 Accompanied by a waiwr/-ption (J;peafytype): _ _ _ _ _ _ _ _ _ _ _1
0 Accompanl«< by:a SkiD Performance Evaluation (SPE) Certificate 0 Grandfa!Mrad from State requirements tstatlll
jlft~~elllnr•HIIIfle-......~~~~~~J~Ntn•<fll9MJ.wtlhapplcH!tState~lhlll-..a•MIIIIIliiEx.llllisc:.t~~~cat..•1lplllilpiiiD.!
I have p~~rf«mad this 8Valuation for C8rtif'!Calion.l have personally reviewad allavailablerecords and recorded information pertaining to this evaluation,
and attettthat to the best ot my knowledge, I believe it to be tllle and cori'Et.
Medlo=-1 Examinar'sSignature: - - - - - - - - - - - - - - - - - - Medial Examlnen Namefpfeoseptintortype): - - - - - - - - - - - - - - - - - Medical Examlnel'sAdd- - - - - - - - - - - - - - - C i t y : - - - - - - - St<lle! _ _ ZfpCo<kr. _ _ _ _ 1
Medic.! Examinar'sTelaphonitNumber: - - - - - - - - - - - - DateCe!tlftateSigMd:
--------------!
Medial Examiner's State License, certflate;or Registration N u m b e r . - - - - - - - - - - - - - - - - - Issuing State: _ _
0
MD
0
DO
0
Physician Assistant
00therPraditionar(speciljl):
National RegiStry Number. [.
0
Chiropractor
0
Adwncecl Pradi~Nurse
=====---------;::==------------------.1
.:. . :~ . . ·1
I
::~=:~~
Medicef Examiner's Certificate Expiration Date:
I
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PageS
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Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations
Instructions for Completing the Medical Examination Report.Form (MCSA-5875)
I. Step-By-Step Inttnaetions
Dn"ver:
Section .1: Driver infonnation
Penonal Information: P1easecomplete this section using your name as written on your driver's license. your
ClJITimt address and phone mnnher, your date of birth, age, gender, driver's license number and issuing state.
o
CLPJCDL AppHcant/Holller: Check "yes" if you are a commercial learner's pennit (CLP) or commercial driver's license (CDL) holder, or are applying for a CLP or CDL. CDL means a license
issued by a State or the District of Columbia which authorizes the individual to operate a cla.ss of a
commercial motor vehicle (CMV). A CMV that requires a CDL is one that: (1) has a gross combination weight rating or gross combination weight of26,001 pounds or more inclusive of a towed unit
with a gross vehicle weight rating (GVWR) or gross vehicle weight (GVW) of more than 10,000
pounds; or (2) has a GVWR or GVW of26,00l pounds or more~ or (3) is designed to transport 16 or
more passengers. including the driver;. or (4) is used to transport either hazardous materials requiring
hazardous materials placards on the vehicle or any quantity of a select agent or toxin.
o Driver ID Verified By: The Medical Examiner/staff completes this item and notes the type ofphoto ID
used to 'VerifY the driver's identity such as, commercial driver's license. driver's license, or pasSport, etc.
o Question: Hu your USOOTIFMC$A medical eertlfkaie ever been denied or Issued for less than
two years? Please check the correct box "yes" or ..no" and if you aren't sure cbeck the "not sure" box.
Driver Health IDstory:
o Have you ever had surgery: Please check ''yes" if you have ever bad surgery and provide a written
explanation of the details (type of surgery, date of surgery, etc.)
o Are you currently taldna: medleatlons (preserlptlon. over-the-counter, herbal remedies. diet
supplements): Please ehecl "yes" ifyou. are taking any diet supplements, berbal remedies, or
prescription or over the counter medications. In the box below the question, indicate the name of the
medication and the dosage.
o #1-32: Please complete this section by cbecldng the ''yes'' box to indicate that you have, or have ever had.
the healthooudition listed or the "No" box ifyou.havenot. Check the ..'not sure" box ifyonareunsure.
o Other Health Comlitlons ntlt deseriW aiJove: Ifyou have. or have bad, any other .health conditions not listed in 1he section above, check "Yes" and in the box provided and list those condition(s).
o Any yes answers to questions #1-32 aiJove: Ifyou have answered "yes" to auy ofthe questions in
the Driver Health History section above, please explain your answers further in the box below the
question. For example, if yon answered "yes.. to question #S regarding heart disease, heart attack,
bypass, or other heart problem. indicate which type ofheart condition. If you checked ..yes" toquestion #23 regarding cancer. indicate the type of cancer. Please add any information that win be helpful
to the Medical Examiner.
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asabaliauskas on DSK3SPTVN1PROD with RULES
CMV Driver Signature ami Date: Please. read the certification statement, sign and date it. indicating
that the infonnation you provided in Section 1 is accurate and. complete.
Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations
68355
Medial Examiner;
Sedlon2: Enndnatlen Report
Driver Health History Review: Review answers provided by the driver in the driver health history
section and discuss any "yes" and "nOt sure" responses. In addition, be sure to compare the medication
list to the health history responses ensuring that the medication list matches the medical conditions
noted Explore with the driver any answers that seem unclear. Record any infonnation that the driver
omitted As the Medical Examiner conducting the driver's physical examination you are required to
complete the entire medical examination even if you detect a medical condition that you consider
disqualifYing. such as deafuess. Medical Examiners are expected to detennine the driver's physical
qualification for operating a con:unercial vehicle safely. Thus, if you find a disqualifying condition for
which a driver may receive a Federal Motor Canier Safety Administration medical exemption, please
recent 1hat on 1he driver's Medical Examiner's Certificate, Form MCSA-5876, as well as on 1he Medical
Examination Report Form. MCSA-5875.
Testing:
o Pulse rate and dlythm, height, and wdght:: record 1hese as indicated.on the fonn.
o Blood Pressure: record 1he blood pressure (systolic and diastolic) ofthe driver being examined. A
second reading is optional and should be recorded.iffound to be necessary.
o Ul'inal)'sil: record the numerical readings for the specific gravity, protein. blood and sugar.
o Vision: The current vision standard is provided on 1he form. When o1her 1han 1he Snellen chart is
Ulled, give test results in Snellen-oompatable values. When recording distance vision, use 20 feet as
normal. Record the vision acuity results and indicate ifthe driver can recognize and distinguish
among traffic control signals and devices showing red, green. md amber colors; has monocular
vision; has been referred to an ophthalmologist or optometrist; and if documentation has been
received fu>m an ophthalmologist or optometrist.
o Bearing: The current hearing standard is provided on the form. Hearing can be tested using either a
whisper test or audiometric test. Record the test results in 1he corresponding section for the test Wled.
Plcylical Examination: Check 1he body systems for abnormalities and indicate nonnal or abnonnal for
each body system listed. Discuss any abnonnal answers in detail in the space provided and indicate
whether it would affect the driver's ability to safely operate a commercial motor vt~hicle.
In tiWI next sectitm, ytJU will lie completing eith• the Febntl Ot'State ~ 1Uit botlt.
Me41ieal Examiner DetermimlCion (Feftral): Use this section for examinations performed in
accordance with 1he FMCSRs (49 CFR 391<41-391.49). Complete 1he medical examiner detennination
section completely. When determining a driver's physical qualliiwtion, please note 1hat English language
proficiency (49 CFR part 39Ul: General qualliications of drivers) is not factored into that
detennination.
o Does not meet standmls: Select 1his option when a driver is detennined to be not qualified and
provide an explanation ofwhythe driver does not meet the standards in 49 CFR391.41.
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o Meets standanlsin 4!1 CF'R 391.41; qaaUDes for Z..year certitladion; Select this option when a
driver is detennined to be qualified and will be issued a 2-year Medical Examiner's Certificate.
68356
Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations
o Meets standards, hut periodh: mooitoring is ~uin:d; Select this option when a driver ill determined to be qualified but needs periodic monitoring and provide an explanation of why periodic
monitoring is required. Select the corresponding time frame that the driver is qualified and if selecting other, specifY the time frame.
Determination that driver meets standards: Seled all categories that apply to the driver's
certifiCation (e.g., wearing corrective lenses, acconipanied by a waiver/exemption. driving
within an exempt itm:acity zone, etc.).
o DetennfnatlcJn pemUng: Select this option when more infoonati.on ill needed.to make a qualification
decision and specifY a date, on or before the 45 day expiration date, for the driver to return to the
medical exam office for fuUow-up. This will allow for a delay of the qualification decision for as
many as 45 days. Ifthe disposition ofthe pending examination ill not updated via the National Registry on or before tbe 45 day expiration date, FMCSA will notifY the examining medical examiner and
the driver in writing that tbe examination is no longer valid and that tbe driver is required to be re-
examined.
MER amentled: A Medical Examination Report Form (MER). MCSA-58:75, may only be
amended while in determination pending status for situations where new infonnation (e.g., test
results. etc.) has been.received or tbere has been a change in the driver's medical status since tbe
initial examination, but prior to a final qualification determination. Select this option when a Medical Examination Report Fonn, MCSA-5875, ill being amended; provide the reason furtbe amendment, sign and date. In addition. initial and date any changes made on tbe Medical Examination
Report Fonn, MCSA-5875. A Medical Examination Report Fonn, MCSA-5875, cannot be
amended after an examination has been in detennination pending smtus for more than 45 days or
after a filial qualification detetmination has been made. The driver is required to obtain a new phys-
ical examination and. anew Medical Examination Report FOrm. MCSA-58:75, should be completed.
o Incomplete uamlmltiou: Seled this when the physical examination is not completed for any
reason (e.g., driver decides they do not want to continue with the examination and leaves) other
than situations outlined under determination. pending.
o Medical ExaminerinfoDRation, sipatare and elate: Provide your name. address, phone Dl1Dlber,
occupation. license, certificate. or registration number and issuing state, national registry number,
signature and date.
o Medical Examiner's Certifteate Expiration Date: Enter the date the driver's Medical Examiner's
Certificate (MEC) expires.
Medical Examiner Determillation (State); Use this section for examinations perfonned in accordance
with the FMCSRS (49 CFR 391.41·391.49) with any applicable State variances (wbich will only be valid
for intrastate operations). Complete the medical examiner determination section completely.
o Does not meet standards in 49 CFR 391.41 with lillY appHcable state '¥al'imees: Seled this
option when a driver is determined to be not qualified and provide an explanation of why the driver
does not meet the standards in 49 CFR 391.41 with any applicable State variances.
o Meets standards in 49 CFR 391.41 with lillY appHeable State variances: Select this option when
a driver is determined to be qualified and wiU be issued a 2-year Medical Examiner's Certificate.
o Meets standards. hnt perlodle monito:rbtg Is required~ Select this option when a driver is determined to be qualified but needs periodic monitoring and provide an explanation of why periodic
monitoring is required. Select the corresponding time frame that the driver is qualified and if select·
ing other, specifY the time frame.
DetemdnatlOB that driver meets standards: Seled all categories that apply to the driver's
certification (e.g., wearing corrective lenses, accompanied by a waiver/exemption, etc.).
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VerDate Sep<11>2014
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(h) The medical examiner’s certificate
shall be completed in accordance with
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Medical Examiner’s Certificate:
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Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations
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PART 392—DRIVING OF COMMERCIAL
MOTOR VEHICLES
77. The authority citation for part 392
continues to read as follows:
■
Authority: 49 U.S.C. 504, 13902, 31136,
31151, 31502; Section 112 of Pub. L. 103–
311, 108 Stat. 1673, 1676 (1994), as amended
by sec. 32509 of Pub. L. 112–141, 126 Stat.
405, 805 (2012); sec. 5524 of Pub. L. 114–94,
129 Stat. 1312, 1560; and 49 CFR 1.87.
78. Amend § 392.9b by revising
paragraph (a) to read as follows:
■
§ 392.9b
Prohibited transportation.
(a) Safety registration required. A
commercial motor vehicle providing
transportation in interstate commerce
must not be operated without a safety
registration and an active USDOT
Number.
*
*
*
*
*
asabaliauskas on DSK3SPTVN1PROD with RULES
79. The authority citation for part 395
continues to read as follows:
■
Authority: 49 U.S.C. 504, 31133, 31136,
31137, and 31502; sec. 113, Pub. L. 103–311,
108 Stat. 1673, 1676; sec. 229, Pub. L. 106–
159 (as transferred by sec. 4115 and amended
by secs. 4130–4132, Pub. L. 109–59, 119 Stat.
1144, 1726, 1743, 1744); sec. 4133, Pub. L.
17:56 Oct 03, 2016
Jkt 241001
Authority: 49 U.S.C. 322; 49 CFR 1.87.
Subpart A also issued under 49 U.S.C. 5103,
31136, 31502, and 49 CFR 1.97. Subparts C,
D, and E also issued under 49 U.S.C. 5112,
5125.
80. Amend § 395.1 by revising the
introductory text of paragraph (e)(1) to
read as follows:
■
■
§ 395.1
Scope of rules in this part.
*
*
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*
*
(e) Short-haul operations—(1) 100 airmile radius driver. A driver is exempt
from the requirements of §§ 395.8 and
395.11 if:
*
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*
*
■ 81. Amend § 395.8 by revising
paragraph (a)(1)(iii)(A)(4) to read as
follows:
§ 395.8
PART 395—HOURS OF SERVICE OF
DRIVERS
VerDate Sep<11>2014
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.
Driver’s record of duty status.
(a) * * *
(1) * * *
(iii) * * *
(A) * * *
(4) That was manufactured before
model year 2000, as reflected in the
vehicle identification number as shown
on the vehicle’s registration.
*
*
*
*
*
PART 397—TRANSPORTATION OF
HAZARDOUS MATERIALS; DRIVING
AND PARKING RULES
82. The authority citation for part 397
continues to read as follows:
■
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83. Amend § 397.73 by revising
paragraph (b) to read as follows:
§ 397.73 Public information and reporting
requirements.
*
*
*
*
*
(b) Reporting and publishing
requirements. (1) Each State or Indian
tribe, through its routing agency, shall
provide information identifying all
NRHM routing designations that exist
within its jurisdiction by:
(i) Electronically, by email to
HMRouting@dot.gov; or
(ii) Mail to the Federal Motor Carrier
Safety Administration, Office of
Enforcement and Compliance (MC–EC),
1200 New Jersey Ave. SE., Washington,
DC 20590–0001.
(2) States and Indian tribes shall also
submit to FMCSA the current name of
the State or Indian tribal agency
responsible for NHRM highway routing
designations. The State or Indian tribe
shall include descriptions of these
routing designations, along with the
dates they were established. Information
on any subsequent changes or new
NRHM routing designations shall be
furnished within 60 days after
establishment to the FMCSA. This
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BILLING CODE 4910–EX–C
Federal Register / Vol. 81, No. 192 / Tuesday, October 4, 2016 / Rules and Regulations
information will be available from the
FMCSA, consolidated by the FMCSA,
and published annually in whole or as
updates in the Federal Register. Each
State or Indian tribe may also publish
this information in its official register of
State or tribal regulations.
*
*
*
*
*
§ 397.101
Issued under authority delegated in 49 CFR
1.87 on: September 15, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016–22996 Filed 9–30–16; 11:15 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
[Amended]
National Highway Traffic Safety
Administration
84. Amend § 397.101 by removing
paragraph (g).
■ 85. Amend § 397.103 by revising
paragraph (c)(1) to read as follows:
■
49 CFR Part 593
[Docket No. NHTSA–2016–0081]
§ 397.103 Requirements for State routing
designations.
*
*
*
*
*
(c) * * *
(1) The State gives written notice to
the Federal Motor Carrier Safety
Administration:
(i) By email to HMRouting@dot.gov; or
(ii) By certified mail, return receipt
requested, to the Federal Motor Carrier
Safety Administration, Office of
Enforcement and Compliance (MC–EC),
1200 New Jersey Ave., SE., Washington,
DC 20590–0001. Attention: National
Hazardous Materials Route Registry.
*
*
*
*
*
PART 398—TRANSPORTATION OF
MIGRANT WORKERS
86. The authority citation for part 398
continues to read as follows:
■
Authority: 49 U.S.C. 13301, 13902, 31132,
31133, 31136, 31502, and 31504; sec. 204,
Pub. L. 104–88, 109 Stat. 803, 941 (49 U.S.C.
701 note); sec. 212, Pub. L. 106–159, 113 Stat.
1748, 1766; and 49 CFR 1.87.
87. Amend § 398.1 by revising
paragraph (b) to read as follows:
■
§ 398.1
Definitions.
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(b) Carrier of migrant workers by
motor vehicle. ‘‘Carrier of migrant
worker by motor vehicle’’ means any
person, including any for-hire, nonexempt motor carrier conducting
contract carriage operations as defined
in 49 U.S.C. 13102(4)(B), but not
including any for-hire, non-exempt
motor carrier subject to other
requirements in 49 U.S.C. subtitle IV,
part B besides contract carriage
operations, who or which transports in
interstate or foreign commerce at any
one time three or more migrant workers
to or from their employment by any
motor vehicle other than a passenger
automobile or station wagon, except a
migrant worker transporting himself/
herself or his/her immediate family.
*
*
*
*
*
VerDate Sep<11>2014
17:56 Oct 03, 2016
Jkt 241001
List of Nonconforming Vehicles
Decided To Be Eligible for Importation
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Final rule.
AGENCY:
This document revises the list
of vehicles not originally manufactured
to conform to the Federal Motor Vehicle
Safety Standards (FMVSS) that NHTSA
has decided to be eligible for
importation. This list is published in an
appendix to the agency’s regulations
that prescribe procedures for import
eligibility decisions. The list has been
revised to add all vehicles that NHTSA
has decided to be eligible for
importation since October 1, 2015, and
to remove all previously listed vehicles
that are now more than 25 years old and
need no longer comply with all
applicable FMVSS to be lawfully
imported. NHTSA is required by statute
to publish this list annually in the
Federal Register.
DATES: Effective October 4, 2016.
FOR FURTHER INFORMATION CONTACT:
George Stevens, Office of Vehicle Safety
Compliance, NHTSA, (202) 366–5308.
SUPPLEMENTARY INFORMATION: Under 49
U.S.C. 30141(a)(1)(A), a motor vehicle
that was not originally manufactured to
conform to all applicable FMVSS shall
be refused admission into the United
States unless NHTSA has decided that
the motor vehicle is substantially
similar to a motor vehicle originally
manufactured for importation into and
sale in the United States, certified under
49 U.S.C. 30115, and of the same model
year as the model of the motor vehicle
to be compared, and is capable of being
readily altered to conform to all
applicable FMVSS. Where there is no
substantially similar U.S.-certified
motor vehicle, 49 U.S.C. 30141(a)(1)(B)
permits a nonconforming motor vehicle
to be admitted into the United States if
its safety features comply with, or are
capable of being altered to comply with,
SUMMARY:
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68359
all applicable FMVSS based on
destructive test data or such other
evidence as the Secretary of
Transportation decides to be adequate.
Under 49 U.S.C. 30141(a)(1), import
eligibility decisions may be made ‘‘on
the initiative of the Secretary of
Transportation or on petition of a
manufacturer or importer registered
under [49 U.S.C. 30141(c)].’’ The
Secretary’s authority to make these
decisions has been delegated to NHTSA.
The agency publishes notices of
eligibility decisions as they are made.
Under 49 U.S.C. 30141(b)(2), a list of
all vehicles for which import eligibility
decisions have been made must be
published annually in the Federal
Register. On October 1, 1996, NHTSA
added the list as an appendix to 49 CFR
part 593, the regulations that establish
procedures for import eligibility
decisions (61 FR 51242). As described
in the notice, NHTSA took that action
to ensure that the list is more widely
disseminated to government personnel
who oversee vehicle imports and to
interested members of the public. See 61
FR 51242–43. In the notice, NHTSA
expressed its intention to annually
revise the list as published in the
appendix to include any additional
vehicles decided by the agency to be
eligible for importation since the list
was last published. See 61 FR 51243.
The agency stated that issuance of the
document announcing these revisions
will fulfill the annual publication
requirements of 49 U.S.C. 30141(b)(2).
Ibid.
Regulatory Analyses and Notices
A. Executive Order 12866, Regulatory
Planning and Review
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993), provides for making
determinations about whether a
regulatory action is ‘‘significant’’ and
therefore subject to Office of
Management and Budget (OMB) review
and to the requirements of the Executive
Order. The Executive Order defines a
‘‘significant regulatory action’’ as one
that is likely to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affects in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
E:\FR\FM\04OCR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Rules and Regulations]
[Pages 68336-68359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22996]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 355, 356, 365, 369, 370, 373, 374, 376, 377, 378, 382,
383, 384, 385, 386, 390, 391, 392, 395, 397, and 398
RIN 2126-AB95
General Technical, Organizational, Conforming, and Correcting
Amendments to the Federal Motor Carrier Safety Regulations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: FMCSA amends its regulations by making technical corrections
throughout. The Agency is making minor changes to correct errors and
omissions, ensure conformity with Office of the Federal Register style
guidelines, update cross references, and improve clarity and
consistency of certain regulatory provisions. Further, this set of
amendments removes all remaining instances of the term ``common
carrier'' and ``contract carrier'' as required by the ICC Termination
Act (ICCTA) and the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU). This rule
does not make any substantive changes to the affected regulations,
except to remove obsolete provisions.
DATES: Effective Date: The final rule is effective September 30, 2016.
FOR FURTHER INFORMATION CONTACT: Mr. David Miller, Federal Motor
Carrier Safety Administration, Regulatory Development Division, 1200
New Jersey Avenue SE., Washington, DC 20590-0001, by telephone at (202)
366-5370 or via email at FMCSAregs@dot.gov. Office hours are from 9:00
a.m. to 5:00 p.m. e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Legal Basis for the Rulemaking
Congress delegated certain powers to regulate interstate commerce
to the United States Department of Transportation (DOT or Department)
in numerous pieces of legislation, most notably in section 6 of the
Department of Transportation Act (DOT Act) (Pub. L. 85-670, 80 Stat.
931 (1966)). Section 55 of the DOT Act transferred to the Department
the authority of the former Interstate Commerce Commission (ICC) to
regulate the qualifications and maximum hours-of-service of employees,
the safety of operations, and the equipment of motor carriers in
interstate commerce. See 49 United States Code (U.S.C.) 104. This
authority, first granted to the ICC in the Motor Carrier Act of 1935
(Pub. L. 74-255, 49 Stat. 543, Aug. 9, 1935), now appears in 49 U.S.C.
chapter 315. The regulations issued under this authority became known
as the Federal Motor Carrier Safety Regulations (FMCSRs), appearing
generally at 49 CFR parts 350-399. The administrative powers to enforce
chapter 315 were also transferred from the ICC to the DOT in 1966 and
appear in 49 U.S.C. chapter 5. The Secretary of the DOT (Secretary)
delegated oversight of these provisions to the Federal Highway
Administration (FHWA), a predecessor agency of FMCSA. The FMCSA
Administrator has been delegated authority under 49 CFR 1.87 to carry
out the motor carrier functions vested in the Secretary.
Between 1984 and 1999, a number of statutes added to FHWA's
authority. Various statutes authorize the enforcement of the FMCSRs,
the Hazardous Materials Regulations (HMRs), and the Commercial
Regulations, and provide both civil and criminal penalties for
violations of these requirements. These statutes include the Motor
Carrier Safety Act of 1984 (Pub. L. 98-554, 98 Stat. 2832, Oct. 30,
1984), codified at 49 U.S.C. chapter 311, subchapter III (MCSA); the
Commercial Motor Vehicle Safety Act of 1986 (Pub. L. 99-570, 100 Stat.
3207-170, Oct. 27, 1986), codified at 49 U.S.C. chapter 313; the
Hazardous Materials Transportation Uniform Safety Act of 1990, as
amended (Pub. L. 101-615, 104 Stat. 3244, Nov. 16, 1990), codified at
49 U.S.C. chapter 51; and the ICCTA of 1995 (Pub. L. 104-88, 109 Stat.
803, Dec. 29, 1995), codified at 49 U.S.C. chapters 131-149.
The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L.
106-159, 113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new
operating administration within DOT, effective January 1, 2000. The
motor carrier safety responsibilities previously assigned to both ICC
and FHWA are now assigned to FMCSA.
Congress expanded, modified, and amended FMCSA's authority in the
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001
(Pub. L. 107-56, 115 Stat. 272, Oct. 26, 2001), SAFETEA-LU (Pub. L.
109-59, 119 Stat. 1144, Aug. 10, 2005), the SAFETEA-LU Technical
Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572, June 6,
2008), and the Moving Ahead for Progress in the 21st Century Act (MAP-
21) (Pub. L. 112-141, 126 Stat. 405, July 6, 2012).
The specific regulations amended by this rule are based on the
statutes detailed above. Generally, the legal authority for each of
those provisions was explained when the requirement was originally
adopted and is noted at the beginning of each part in title 49 of the
CFR. Title 49 CFR subtitle B, chapter III, contains all of the FMCSRs.
The Administrative Procedure Act (APA) (5 U.S.C. 551-706)
specifically provides exceptions to its notice and public comment
rulemaking procedures where the Agency finds there is good cause (and
incorporates the finding and a brief statement of reasons therefore in
the rules issued) to dispense with them. Generally, good cause exists
where the Agency determines that notice and public procedures are
impractical,
[[Page 68337]]
unnecessary, or contrary to the public interest (5 U.S.C.
553(b)(3)(B)). The amendments made in this final rule merely correct
inadvertent errors and omissions, remove or update obsolete references,
and make minor changes to improve clarity and consistency. The
technical amendments do not impose any new requirements, nor do they
make any substantive changes to the CFR. For these reasons, FMCSA finds
good cause that notice and public comment on this final rule is
unnecessary.
The APA also allows agencies to make rules effective upon
publication with good cause (5 U.S.C. 553(d)(3)), instead of requiring
publication 30 days prior to the effective date. For the reasons
already stated, FMCSA finds there is good cause for this rule to be
effective on the date of publication in the Federal Register.
FMCSA is aware of the regulatory reform requirements imposed by
section 5202 of the Fixing America's Surface Transportation Act (FAST
Act) (Pub. L. 114-94, 129 Stat. 1312, at 1534, Dec. 4, 2015) concerning
public participation in FMCSA rulemaking (49 U.S.C. 31136(g)). These
requirements pertain to certain major rules,\1\ but because this final
rule is not 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).
---------------------------------------------------------------------------
\1\ A ``major rule'' is defined by the Congressional Review Act,
Pub. L. 104-121, title II, section 251, Mar. 29, 1996, 110 Stat.
873, and is codified at 5 U.S.C. 804(2). See https://www.gpo.gov/fdsys/pkg/USCODE-2014-title5/pdf/USCODE-2014-title5-partI-chap8-sec804.pdf.
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Background
This document makes editorial changes to correct inaccurate
references and citations, improve clarity, and fix errors. The reasons
for each of these minor revisions are set out below, in a section-by-
section description of the changes. These amendments do not impose any
new requirements.
This set of amendments removes all remaining instances of the term
``common'' and ``contract'' as required by the ICCTA and SAFETEA-LU.
Many instances of these terms were removed in the FMCSA Unified
Registration System (URS) final rules published in 2013, 2015, and
2016,\2\ and this rule removes the remaining instances found in 49 CFR
chapter III, subchapter B. This rule does not make any substantive
changes to the affected regulations, except to remove eight obsolete
provisions. Four of the provisions relate to the use of the terms
``common'' and ``contract'' and certain property-carrier routing
requirements eliminated by the ICCTA. The other four obsolete
provisions relate to a Congressionally-sunset emergency commercial
driver's license grant, a pre-2014 medical exam schedule, outdated
medical forms, and an obsolete reporting requirement.
---------------------------------------------------------------------------
\2\ Final Rule, Unified Registration System, 78 FR 52608 (Aug.
23, 2013), amendments, corrections, and delayed effective and
compliance dates published at 80 FR 63703, October 21, 2015, and 81
FR 49553, July 28, 2016.
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FMCSA is adding ``for-hire, non-exempt'' to many rules to ensure
motor carriers know the rules are only applicable to for-hire, non-
exempt motor carriers, similar to the amendments being made in the URS
final rules.
Use of the term ``non-exempt'' in these sections and other
technical amendments related to the use of the terms ``common'' and
``contract'' below is to ensure motor carriers exempted by Congress
from jurisdiction under 49 U.S.C. subtitle IV, part B, and specifically
sec. 13506, do not feel compelled to comply with the amended rule text.
FMCSA has discovered over the years that many for-hire, exempt \3\
motor carriers and their drivers (such as livestock, grain, and produce
haulers), mistakenly believe that 49 U.S.C. subtitle IV, part B (secs.
13101 through 14916), are mandatory requirements applicable to their
operations.
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\3\ An exempt for-hire motor carrier transports exempt
(unregulated) property owned by others for compensation. The exempt
commodities usually include unprocessed or unmanufactured goods,
fruits, and vegetables, and other items of little or no value. For a
partial listing of exempt and non-exempt commodities, please refer
to Administrative Ruling No 119 at https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Administrative_Ruling_119.pdf. An exempt
for-hire motor carrier is subject to the safety regulations in 49
CFR chapter III, subchapter B.
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For-hire motor carriers transporting commodities, or agreeing to
transport brokered loads of commodities, that are listed by statutes,
FMCSA regulations, and FMCSA administrative rulings, as exempt from 49
U.S.C. subtitle IV, part B, are not subject to non-safety related rules
administered by FMCSA. Such for-hire, exempt motor carriers thus are
not required to comply with the following rules that are authorized
under 49 U.S.C. subtitle IV, part B:
Annual economic reporting requirements in part 369;
Receipts and bills of lading in part 373;
Loss and damage claim requirements in part 370;
Property broker requirements in part 371;
Passenger carrier regulations in part 374;
Household goods transportation regulations in part 375;
Lease and interchange of vehicle rules in part 376;
Payment of transportation charge rules in part 377;
Overcharge, duplicate payment, and overcollection claims
in part 378; and
Preservation of records in part 379.
Motor carriers and shippers should be aware of the italicized text
below related to contract carriage operations, ``. . . A carrier
providing transportation or service subject to jurisdiction under
chapter 135 may enter into a contract with a shipper, . . . to provide
specified services under specified rates and conditions. If the shipper
and carrier, in writing, expressly waive any or all rights and remedies
under this part for the transportation covered by the contract, the
transportation provided under the contract shall not be subject to the
waived rights and remedies and may not be subsequently challenged on
the ground that it violates the waived rights and remedies . . .'' \4\
[emphasis added]
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\4\ 49 U.S.C. 14101(b)(1).
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The statutory reference to the waiver of ``any or all rights and
remedies'' allows a shipper and a motor carrier to negotiate and enter
into a private contract that establishes selected rights and remedies
different from the general ``motor carrier'' rights and remedies
otherwise provided under 49 U.S.C. 14101, 14706, and other statutes.
The waiver provision gives the carrier and shipper the flexibility to
select the rights and remedies they wish to establish by contract. They
can choose to leave in place other rights and remedies to be governed
by statutes and regulations applicable to ``motor carriers.'' ``. . .
New 49 U.S.C. 14101 (Providing transportation and service), taken from
existing 49 U.S.C. 11101, would continue the basic common carrier
obligation to provide transportation or service on reasonable request
and to provide safe and adequate service, equipment, and facilities. It
would expressly allow carriers to enter contracts for specific
shipments (other than for residential household goods movements
arranged and paid for directly by the householder) under which both
parties may waive their ICA rights and remedies.'' \5\
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\5\ Sen. Report 104-176 (1995) at 46, https://www.gpo.gov/fdsys/pkg/CRPT-104srpt176/pdf/CRPT-104srpt176.pdf.
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[[Page 68338]]
See also M. Fortunoff of Westbury Corp. v. Peerless Ins. Co., 432
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F.3d 127 (2nd Cir. 2005) at 132-133 (emphasis in original):
Congress enacted the [ICC Termination Act] in 1995 and merged
the separate classifications of common and contract carrier into one
classification termed ``motor carrier,'' governing any ``person
providing motor vehicle transportation for compensation.'' 49 U.S.C.
13102(12). The ICCTA provided that all motor carriers were to
register under sec. 13902(a) as opposed to the old regime of
separately registered common and contract carriers. Under [49
U.S.C.] 14101, registered motor carriers must provide common
carriage services and may provide contract carriage services.
With respect to all revisions to the terms ``common'' and
``contract,'' FMCSA has attempted to simply set out the governing
regulatory provisions for ``motor carriers'' (or for ``for-hire motor
carriers,'' which captures the ``for compensation'' language in the
statutory definition of ``motor carrier'' in 49 U.S.C. 13102(14)). This
leaves a motor carrier and shipper the flexibility contemplated by the
statute to choose ``any or all'' rights and remedies to be waived,
while those not waived remain in full effect.
It should be noted that for-hire, exempt motor carriers
transporting exempted (unregulated) commodities may not submit a claim
to the FMCSA-mandated $75,000 financial responsibility instrument held
by an authorized property broker, their sureties, or their trust fund
managers for payments owed to the exempted motor carrier, based on the
authorized property broker's failure to carry out its contracts,
agreements, or arrangements for the supplying of exempt (unregulated)
commodity transportation by exempt motor carriers. An exempt motor
carrier is not authorized by FMCSA to operate under 49 U.S.C. subtitle
IV, part B, and thus does not have legitimate access to the FMCSA-
authorized property broker's $75,000 financial responsibility
instrument. The $75,000 financial instrument is only applicable when
the FMCSA-authorized property broker fails to carry out its contracts,
agreements, or arrangements for the supplying of authorized (regulated)
commodity transportation by FMCSA-authorized motor carriers.
Section-by-Section Analysis
This section-by-section analysis describes the technical amendment
provisions and corrections in numerical order.
Appendix A of Part 355--Guidelines for the Regulatory Review of
Compatible State Laws and Regulations Affecting Interstate Motor
Carrier Operations
FMCSA replaces a phrase that includes the terms common and contract
with a phrase that no longer uses those two terms. Currently, the
applicability section references the appendix's requirements that each
State shall review its laws and regulations to achieve compatibility
with the FMCSRs. Each State's ``. . . requirements must apply to all
segments of the motor carrier industry common, contract, and private
carriers of property and for-hire carriers of passengers.'' FMCSA
replaces the phrase ``motor carrier industry common, contract,'' with
the phrase ``motor carrier industry, for-hire.''
For-Hire Motor Carrier of Property Routing Requirements in Sec. Sec.
356.7--356.13
Four sections are being removed from part 356 as a result of
FMCSA's review of ``common'' and ``contract'' amendments. The ICCTA
eliminated the need for for-hire motor carriers of property to apply to
a Federal agency and be granted authority to drive on particular,
specified, and declared highway routes. In considering how to change
the term ``common'' to something else in Sec. Sec. 356.7 to 356.13,
FMCSA determined that each of these four sections is no longer
applicable to anyone as each section only applied to property carriers
that no longer need route authority. Therefore, FMCSA removes all four
rule sections with the headings ``Tacking,'' ``Elimination of routing
restrictions--regular route carriers,'' ``Elimination of gateways--
regular and irregular route carriers,'' and ``Redesignated highways.''
Sec. 365.105 Starting the Application Process: Form OP-1
FMCSA is updating the universal resource locators (URL) for Form
OP-1 to accurately reflect where to obtain the forms. Since December
2015, new applicants must apply for a USDOT number and, if applicable,
operating authority, by electronically filing Form MCSA-1, the URS
online application. Registrants, who had operating authority before
December 2015, may still use Form OP-1 to update their registration
information, but the Agency did not update the URLs where the forms may
be obtained.
Sec. 365.205 Contents of the Protest
FMCSA updates this section to replace an outdated phone number and
add an additional way to contact FMCSA for help. FMCSA no longer uses
the 202 area code phone number listed in this section. FMCSA has
replaced the 202 number with a toll-free telephone number and has added
an online web form in which the public may contact FMCSA for further
assistance in developing their evidence for filing a protest.
Sec. 365.413 Procedures for Changing the Name or Business Form of a
Motor Carrier, Freight Forwarder, or Property Broker
FMCSA amends this section to add two additional ways for current
registrants to contact FMCSA to change the name or business form of a
registered motor carrier, freight forwarder, or property broker. For
such registrants to make such changes, FMCSA has developed a two-page
form MCSA-5889, ``Motor Carrier Records Change Form,'' Office of
Management and Budget (OMB) No. 2126-0060, approved by OMB for use
through July 31, 2018. FMCSA continues to allow the letter to be
mailed, with the five required pieces of information in redesignated
Sec. 365.413(c)(1) through (5). But FMCSA now adds to the list of
options the opportunity for form MCSA-5889 to be faxed to FMCSA at the
number given, or scanned and submitted via the web form at https://www.fmcsa.dot.gov/ask.
Part 369--Reports of Motor Carriers
FMCSA makes several amendments related to the terms ``common'' and
``contract'' to part 369 applicable to annual reports of for-hire motor
carriers. FMCSA modifies each paragraph (a) in Sec. Sec. 369.1, 369.2,
and 369.3 to replace the phrase ``common and contract'' with the phrase
``for-hire, non-exempt motor'' to comport with the elimination of the
terms ``common'' and ``contract'' in the ICCTA.
Sec. 370.9 Disposition of Claims
The Agency makes one amendment related to the term ``common'' to
Part 370 applicable to disposition of claims. Paragraph (b) is amended
to replace ``common carrier by motor vehicle of household goods as
defined in Sec. 375.103 of this chapter'' with ``household goods motor
carrier as defined in Sec. 375.103 of this subchapter'' for use when
settling a claim for loss or damage to household goods or an individual
shipper's property. This paragraph will continue to use the current
defined term ``household goods motor carrier'' in Sec. 375.103 that
comes from the Household Goods Mover Oversight Enforcement and Reform
Act of 2005 (August 10, 2005), and any person considered to be a
household goods
[[Page 68339]]
motor carrier under regulations, determinations, and decisions of the
FMCSA on August 10, 2005.
New Sec. 373.100 and Sec. 374.1 Applicability
FMCSA adds two new applicability sections to ensure the public
understands that parts 373 and 374 are limited to for-hire motor
carriers subject to jurisdiction under 49 U.S.C. subtitle IV, part B.
Sec. 373.101 Motor Carrier Bills of Lading
The Agency makes two amendments related to the term ``common''
applicable to motor carrier bills of lading. FMCSA revises the heading
to add ``for-hire, non-exempt'' and is amending the undesignated
introductory sentence to remove the term ``common'' for the same
reasons as discussed above.
Sec. 373.103(a) & (b) Expense bills
FMCSA makes three amendments related to the term ``common''
applicable to expense bills issued by for-hire motor carriers of
property and charter service expense bills issued by for-hire motor
carriers performing ``charter transportation of passengers'' as defined
in Sec. 390.5. FMCSA is also revising the heading of this section to
add ``for-hire, non-exempt'' and is amending paragraphs (a) and (b) to
remove the term ``common'' for the same reasons as discussed above.
Part 374 Passenger Carrier Regulations
The Agency makes several amendments to part 374 entitled Passenger
Carrier Regulations. As discussed above, FMCSA adds a new Sec. 374.1
Applicability section to ensure the public understands that part 374 is
limited to for-hire motor carriers subject to jurisdiction in the
ICCTA. Second, throughout part 374, FMCSA removes all references to
``common'' in headers and rule text in Sec. Sec. 374.101, 374.103,
374.105, 374.107, 374.109, 374.111, 374.113, 374.201, 374.301, 374.303,
374.401, 374.403, and 374.405.
Also, ICC never assigned a paragraph (b) to Sec. 374.401,
previously designated as 49 CFR 1064.1, when it was made final on
November 16, 1979 (44 FR 65987) or in any amendments after 1979. With
no paragraph (b), the section reads better and will be less confusing
if paragraph (a) becomes an undesignated introductory phrase and
paragraphs (a)(1), (2), and (3) are renamed as paragraphs (a), (b), and
(c).
Additionally, at the end of Sec. 374.401, FMCSA removes the
outdated authority citation ``(49 U.S.C. 10321, 5 U.S.C. 553),'' as it
is a remnant of the pre-ICCTA statutes. Section 374.401's authority
derives from the general authority cited for most of part 374--49
U.S.C. 13301 and 14101; and 49 CFR 1.87.
Finally, the Agency amends four authority citations for incidental
charter rights under subpart E to part 374 that are also outdated to
show only ICCTA statutes--49 U.S.C. 13301, 13501, 13506, and their
delegation under 49 CFR 1.87. In the first sentence in Sec. 374.501,
the outdated reference to ``[49 U.S.C. 10932(c)]'' is removed. The
citation to 49 U.S.C. 13506 is correct and will remain in Sec.
374.501.
Part 376 Applicability of Lease and Interchange of Property-Carrying
Motor Vehicles
FMCSA makes several amendments related to the terms ``common'' and
``contract'' to part 376 applicable to the lease and interchange of
property-carrying motor vehicles by for-hire motor carriers. In various
places throughout part 376 that reference the term ``motor common
carrier'' or ``authorized common carrier'' in the rule text, FMCSA
removes all applicable references to ``common.'' The references to
``common ownership'' in part 376 have been retained as that concept is
unaffected by this final rule.
In Sec. 376.1, FMCSA adds the clarifying phrase ``. . . under 49
U.S.C. subtitle IV, part B:'' to the introductory phrase in paragraph
(a) to ensure the public understands these rules apply only to for-hire
motor carriers subject to the ICCTA. In Sec. 376.2, the term ``motor
common carrier'' is amended to read as ``motor carrier.''
In the first four instances of the term ``common'' in Sec. 376.31,
FMCSA replaces ``common'' with the term ``motor.''
Part 377 Applicability of Payment of Transportation Charges
In the applicability paragraph of Sec. 377.101, FMCSA removes the
term ``common''; spells out cash-on-delivery for the acronym (c.o.d.);
and reorganizes the paragraph to better show the two exceptions to the
applicability of part 377.
In Sec. Sec. 377.103 and 377.105, the Agency replaces the term
``common'' with the term ``motor'' in each section.
Part 377 Subpart B, Applicability of Extension of Credit to Shippers by
Carriers and Freight Forwarders
FMCSA makes several amendments related to the terms ``common'' and
``contract'' in subpart B of part 377 applicable to the extension of
credit to shippers by for-hire motor carriers and freight forwarders.
The Agency revises the heading for subpart B of part 377. The current
title includes the term ``common'' and the phrase ``Water Common
Carriers.'' The Agency adds the phrase ``for-hire, non-exempt'' before
the phrase ``motor carrier'' in the subpart B heading as well as in
Sec. 377.201(a) to ensure exempt for-hire carriers understand the
subpart does not apply to their extensions of credit to shippers. As
FMCSA has never been delegated responsibility for regulating water
carriers, the phrase ``Water Common Carriers'' is eliminated from the
heading for subpart B as well.
Also in Sec. 377.201, FMCSA removes the exception for ``Contract
carrier operations'' in paragraph (b)(1) and redesignates paragraphs
(b)(2) and (3) as paragraphs (b)(1) and (2) for the reasons given above
in the Background section. In Sec. 377.217, the Agency replaces the
term ``common'' with the term ``motor.''
Part 378 Applicability of Overcharge, Duplicate Payment, and
Overcollection Claims Processing
FMCSA makes two amendments related to the term ``common'' to part
378. In Sec. Sec. 378.1 and 378.2, the Agency removes the term
``common'' in each of the two places it appears.
Sec. Sec. 382.103 and 383.3 Controlled Substances and Alcohol Testing
and Commercial Driver's License (CDL) Rules, Applicability of an
Exception for Farm Vehicle Employers and Drivers
FMCSA makes two amendments related to the terms ``common'' and
``contract'' that are applicable to drivers that may need a CDL to
drive a commercial motor vehicle (CMV) in the United States and whether
that CDL driver is subject to controlled substances and alcohol
testing. In Sec. 382.103, FMCSA revises paragraph (d)(3)(i)(C) which
discusses that an operator of a farm vehicle cannot be a common or
contract motor carrier. The Agency replaces the phrase ``common or
contract motor carrier'' with the phrase ``for-hire motor carrier,
except for an exempt motor carrier as defined in Sec. 390.5 of this
subchapter.'' Similarly, an exception for operators needing a CDL to
drive a farm vehicle excludes operations by a common or contract motor
carrier. It is found in Sec. 383.3(d)(3)(i)(C). In this paragraph, the
Agency is also replacing the phrase ``common or contract motor
carrier'' with the phrase ``for-hire motor carrier, except for an
exempt motor carrier as defined in Sec. 390.5 of this subchapter.''
These two changes will ensure that farmers, who also may operate as
an exempt motor carrier, know that their farm vehicles might be
excepted from
[[Page 68340]]
the CDL and drug and alcohol testing requirements if the farm vehicles
they use meets all of the other three conditions of the exception under
Sec. 382.103(d)(3)(i) and the CDL definition in Sec.
383.3(d)(3)(i)(C).
Sec. 382.305 Controlled Substances Testing Annual Random Percentage
Rate
This amendment relates to the lowered minimum annual percentage
rate for random controlled substances testing made effective for all
testing in 2016 and later. FMCSA amends Sec. 382.305(b)(2) to state
that the minimum annual percentage rate for random controlled
substances testing shall be 25 percent of the average number of driver
positions, as it has been effective since January 1, 2016. On December
24, 2015 (80 FR 80446), FMCSA announced the reduction of the minimum
annual percentage rate for random controlled substances testing for
drivers of CMVs requiring a CDL from 50 percent of the average number
of driver positions to 25 percent of the average number of driver
positions, effective in calendar year 2016. The FMCSA Administrator has
the discretion to decrease the minimum annual random testing percentage
rate based on the reported positive random test rate for the entire
motor carrier industry. Based on the controlled substances random test
data in FMCSA's Management Information System (MIS) for calendar years
2011, 2012, and 2013, the positive rate for controlled substances
random testing fell below the 1.0 percent threshold for 3 consecutive
calendar years. As a result, the Agency lowered the controlled
substances minimum annual percentage rate for random controlled
substances testing to 25 percent of the average number of driver
positions.
Sec. 383.5 School Bus Definition for Commercial Driver's License
Standards
The current definition of a school bus in Sec. 383.5 does not
include a bus used as a common carrier. In part 383, the term ``school
bus'' is used only in the requirements under Sec. 383.123 for a CDL
driver to get a license endorsement after successfully passing
knowledge and skills tests. FMCSA is replacing ``common'' with the
phrase ``for-hire motor''.
Sec. 383.77 Substitute for Driving Skills Tests for Drivers With
Military CMV Experience
FMCSA removes the erroneous second iteration of the word ``had'' in
Sec. 383.77(a)(5), making the sentence read, in part, as follows:
``Has not had any conviction for a violation . . .''
Sec. Sec. 383.131 and 383.133 CDL Test System Model Commercial Driver
Manual
In Sec. Sec. 383.131 and 383.133, FMCSA adds ``or newer'' after
``July 2010'' to allow each State to use newer manual editions to
comply with the requirements. Each State must provide every CLP or CDL
applicant an FMCSA pre-approved driver information manual as required
by Sec. 383.131. The manual must be comparable to the American
Association of Motor Vehicle Administrators' (AAMVA's) ``2005 CDL Test
System Model Commercial Driver Manual,'' July 2010 or a newer version.
FMCSA provides the manual as a reference for States, but does not
require any specific manual published after July 2010, nor does it
incorporate any manual by reference into the regulations.
Sec. 384.401 State Compliance With CDL Program
FMCSA amends Sec. 384.401 to lower the withholding percentages of
Federal-aid highway funds. Sec. 1404(j) of MAP-21 amended 49 U.S.C.
31314(c) changing the withholding percentages of Federal-aid highway
funds based on State noncompliance with the CDL program. Federal-aid
highway funds are apportioned to States under various sections of title
23 U.S.C. Amended sec. 1404(j) makes it necessary to revise the
withholding provisions in Sec. 384.401 to comply with amended 49
U.S.C. 31314(c). Specifically, MAP-21 changed the amount of Federal-aid
highway funds to be withheld for noncompliance in paragraph (a) from 5
percent to 4 percent, and reduced the amount of such funds to be
withheld for repeated noncompliance in paragraph (b) from 10 percent to
8 percent.
Sec. 384.407 Emergency CDL Grants
FMCSA removes Sec. 384.407 because SAFETEA-LU did not renew the
emergency CDL grant program in 49 U.S.C. 31107. Therefore, this section
is no longer necessary.
Sec. 385.303 New Entrant Motor Carrier Safety Assurance Applications
FMCSA revises the universal resource locators (URL) to accurately
reflect where to obtain the forms for new entrant motor carriers. Since
December 2015, new applicants must apply for a USDOT number and if
applicable, operating authority, by electronically filing Form MCSA-1,
the URS online application. Registrants who had registered and been
issued a USDOT number before December 2015 may still use form MCS-150
and if applicable, Form OP-1, to update their registration information.
Similar to changes made earlier in this document for Sec. 365.105,
FMCSA is modifying how new entrant motor carriers may contact the
Agency for application materials. In Sec. 385.303, the Agency is
changing a 703 area code fax number to a 202 area code fax number and
is adding the option that new entrant motor carriers may locate
application materials online at one of two Web pages, the precise
location determined by whether they received a USDOT number before or
after December 12, 2015.
Part 385, Appendix B Restoration of Inadvertently Edited Safety Fitness
Paragraph
The Agency corrects an error made in 2005 to address an inadvertent
change to a provision of appendix B to 49 CFR part 385. In the 1997
Safety Fitness Procedure; Safety Ratings final rule (62 FR 60035 at
60043 (Nov. 6, 1997)), paragraph (c) of the introductory text in app. B
to part 385 read as follows: ``To meet the safety fitness standard, a
motor carrier must demonstrate to the FHWA that it has adequate safety
management controls in place which function effectively to ensure
acceptable compliance with the applicable safety requirements. A
``safety fitness methodology'' (SFRM) was developed by the FHWA, which
uses data from compliance reviews (CRs) and roadside inspections to
rate motor carriers.''
In the same final rule, section II.(c), read as follows: ``Critical
regulations are those identified as such where noncompliance relates to
management and/or operational controls. These are indicative of
breakdowns in a carrier's management controls. An example of a critical
regulation is Sec. 395.3(a)(1), requiring or permitting a driver to
drive more than 10 hours.''
The reference to ``FHWA'' in paragraph (c) of the introductory text
was changed to ``FMCSA'' in Miscellaneous Technical Amendments on Oct.
1, 2001 (66 FR 49867, at 49872) due to the establishment of the FMCSA
by the Motor Carrier Safety Improvement Act of 1999.
In the 2003 Hours of Service for Drivers final rule (68 FR 22456 at
22513 (Apr. 28, 2003)), section II.(c) was amended by FMCSA--the only
change was to modify the time period at the end to ``11 hours'' from
``10 hours'' reflecting the amended provisions of Sec. 395.3(a)(1). No
change was directed to be made in paragraph (c) of the introductory
text. This change in
[[Page 68341]]
appendix B to 49 CFR part 385, section II.(c) was correctly published
in the 2004 Code of Federal Regulations and no change was made in
paragraph (c) of the introductory text. See 49 CFR part 385, app. B
(10/01/2004 ed.), at pages 1023-24.
In the 2005 Hours of Service for Drivers final rule (70 FR 49978 at
50070 (Aug. 25, 2005)), FMCSA again directed that section II.(c) be
revised to refer to ``11 hours'' even though that change had already
been published in the CFR. But no change was directed to be made in
paragraph (c) of the introductory text. Nonetheless, in the 2005
compilation of the CFR, the revised text of section II.(c) was
published in two places: (1) in place of the text in paragraph (c) of
the introductory text, which the Agency did not intend to change; and
(2) in section II.(c), which was the only place that the final rule
directed that a change be made. See 49 CFR part 385, app. B (10/01/2005
ed.),\6\ at pages 239-240.
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\6\ See https://www.gpo.gov/fdsys/pkg/CFR-2005-title49-vol5/pdf/CFR-2005-title49-vol5-part385-appB.pdf.
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This amendment corrects the error in the CFR and does not impose
any new requirements; it just restores the proper paragraph (c) of the
introductory text to read as set out in the regulatory text at the end
of this document.
FMCSA is also republishing section II.(c) as it was correctly
published in the 2004 and 2005 CFRs to give context.
FMCSR Errors Resulting From Electronic Logging Devices and Hours of
Service Supporting Documents Final Rule
Four amendments are being made to the 2015 Electronic Logging
Devices and Hours of Service Supporting Documents (ELD) final rule,
December 16, 2015 (80 FR 78292, at 78381) below. The amendments are to
two critical regulations in part 385, appendix B, the filing of various
complaints under Sec. 386.1, and adding an additional qualifying
phrase to Sec. 395.8(a)(1)(iii)(A)(3) about how to determine whether a
commercial motor vehicle was manufactured before model year 2000.
Part 385, Appendix B List of Critical and Acute Regulations
While reviewing the list of acute and critical regulations, found
in appendix B of part 385, FMCSA discovered that the terminology used
to identify two of the critical violations is confusing. In these
provisions, the critical violations occur when a motor carrier fails to
ensure that drivers (or third parties) submit records of duty status
(or supporting documents); while there is still a violation if those
documents are submitted late, late submissions are not typically
critical violations that could affect the motor carrier's safety
rating. It is only when the motor carrier fails completely to require
drivers to submit the documents that such an effect could occur. Thus,
the two provisions described above that are identified as critical
regulations in section VII. List of Acute and Critical Regulations in
appendix B, are being revised to remove the words ``in a timely
manner,'' as set out below:
Sec. 395.8(a)(2)(ii) Failure to require a driver to submit
record of duty status (critical); and
Sec. 395.11(b) Failing to require a driver to submit
supporting documents (critical)
This change reflects the way that FMCSA treats violations currently,
and will therefore have no direct impact on motor carriers.
Sec. 386.1 Filing of Substantial Complaints, Filing of Harassment
Complaints, and Filing of Coercion Complaints
In the same 2015 ELD rule, FMCSA changed Sec. 386.1, Scope of
rules in this part, to include references to complaints of substantial
violation, coercion, and harassment. However, the Agency overlooked the
recent addition of a new paragraph Sec. 386.1(c) in its separate
Coercion final rule \7\ published two weeks before the ELD rule, and
made the amendatory instruction incorrectly. To correct this
inadvertent error, this technical amendment adds new Sec. 386.1(c)(1),
(2), and (3), as was explained in the amendatory instructions of the
ELD rule. New Sec. 386.1(c)(1), (2), and (3) concern the filing of
substantial complaints, the filing of harassment complaints, and the
filing of coercion complaints, respectively. Similarly, the ELD rule
failed to modify a reference to the coercion complaint process made
necessary by the rule's restructuring of Sec. 386.12. This rule
corrects the applicable cross-reference in Sec. 390.6(b)(1), replacing
the reference to Sec. 386.12(e) with Sec. 386.12(c).
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\7\ November 30, 2015 (80 FR 74695, at 74709).
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Sec. 391.42 Schedule for Use of Medical Examiners Listed on the
National Registry
FMCSA removes Sec. 391.42. The requirement that all medical
examinations performed ``on or after May 21, 2014 . . . must be
conducted by a medical examiner'' listed on the National Registry is
not necessary as it duplicates the requirements in Sec. 391.43.
Sec. 391.43 Medical Examination and Certificate of Physical
Examination
FMCSA makes several amendments to a driver's medical exam, the form
used to record the results of the exam, and the certificate issued upon
completion of the exam. FMCSA amends Sec. 391.43(a) to remove the
reference to Sec. 391.42, which is being deleted as discussed above.
The Agency also amends paragraph (f), first by removing paragraph
(f)(1) because the use of the previous form authorized by that
paragraph is no longer permitted. Second, the remaining text (from
paragraph (f)(2) which went into effect on December 22, 2015) is
revised to remove the effective date. Third, the latest approved
version of Medical Examination Report (MER) Form, MCSA-5875 replaces
the previous version.
Similar changes are made in paragraph (h) of Sec. 391.43. First,
FMCSA removes paragraph (h)(1) because the use of the previous form
authorized by that paragraph is no longer permitted. Second, the Agency
revises the remaining text (from paragraph (h)(2) which went into
effect on December 22, 2015) to remove the effective date. Third, the
Agency updates the version of Medical Examiner's Certificate (MEC)
Form, MCSA-5876. Both the MER and MEC forms have been approved by OMB
for use through August 31, 2018, under OMB number 2126-0006.
Sec. 392.9b Safety Registration
FMCSA revises the heading for paragraph (a) in Sec. 392.9b, as
well as the text within paragraph (a) to replace the term ``USDOT
Registration'' with ``safety registration.'' This change should have
been made as part of the Unified Registration System rule that was
published on August 23, 2013 (78 FR 52608), and it should have gone
into effect along with other changes to this section on November 1,
2013. FMCSA revises the term to conform to the terminology that is
currently in place within the Unified Registration System, where there
is no ``USDOT Registration.'' Rather, there are USDOT numbers,
operating authority registration, and safety registration. As a result,
this change should have no impact on the type of registrations that a
motor carrier could receive from FMCSA.
Sec. 395.1 Restoration of Supporting Documents Exception for 100 Air-
Mile Radius Drivers
FMCSA revises Sec. 395.1(e)(1) to restore the supporting documents
exception for 100 air-mile radius drivers inadvertently
[[Page 68342]]
removed by a FAST Act final rule \8\ published on July 22, 2016. The
ELD \9\ rule added the supporting documents exception for 100 air-mile
radius drivers, but the FAST Act rule inadvertently removed it when
FMCSA revised Sec. 395.1(e)(1) to add new 49 U.S.C. 31502(f)(1) that
exempts drivers of ready-mixed concrete delivery vehicles from keeping
records of duty status under certain circumstances. FMCSA revises the
introductory text of paragraph (e)(1) to restore it to read as set out
in the regulatory text at the end of this document.
---------------------------------------------------------------------------
\8\ Amendments To Implement Certain Provisions of the Fixing
America's Surface Transportation Act or ``FAST Act,'' July 22, 2016
(81 FR 47714, at 47721).
\9\ Electronic Logging Devices and Hours of Service Supporting
Documents final rule, December 16, 2015 (80 FR 78292, at 78381).
---------------------------------------------------------------------------
Sec. 395.8 Driver's Record of Duty Status
Since publication of the ELD rule in December 2015, FMCSA has
received a significant number of questions asking how a motor carrier
can determine whether a commercial motor vehicle was manufactured
before model year 2000, thus allowing its driver to use paper records
of duty status instead of the ELD required in most other cases. FMCSA
amends Sec. 395.8 to include an additional qualifying phrase to
paragraph (a)(1)(iii)(A)(4) inserted after ``model year 2000.'' The
model year 2000 will be determined during roadside inspections ``as
reflected in the vehicle identification number as shown on the
vehicle's registration.'' The vehicle identification number includes
the model year. This will be particularly useful in light of the
installation of truck-tractor glider kits. This technical correction
eliminates any ambiguity.
Sec. 397.73 Hazardous Material (HM) Public Information and Reporting
Requirements
FMCSA provides routing agencies with an alternative email address
for reporting changes to their HM route registries. Each State and
Indian tribe, through its routing agency, must provide information to
FMCSA under Sec. 397.73 identifying all non-radioactive hazardous
material (NRHM) routing designations that exist within its
jurisdiction. A similar requirement in Sec. 397.103 requires reporting
of preferred routes for highway route controlled shipments of
radioactive materials. FMCSA is adding an optional, electronic way to
send FMCSA the required information in both sections. Currently the
regulation restricts transmittal to an address using certified mail,
return receipt requested.
Sec. 397.101 Highway-Route Controlled Quantity Shipments of
Radioactive Materials
Currently, Sec. 397.101 requires each carrier that accepts for
transportation a highway route controlled quantity of hazardous
material, as defined in 49 CFR 173.403, to file certain information
with FMCSA after accepting the package for transportation. FMCSA no
longer uses this information, and therefore removes paragraph (g) from
Sec. 397.101.
Sec. 398.1 Transportation of Migrant Workers
FMCSA amends the definition of a migrant worker motor carrier to be
consistent with the ICCTA's elimination of the terms ``contract'' and
``common'' in the phrases ``contract carrier by motor vehicle'' and
``common carrier by motor vehicle.'' FMCSA revises the definition to
read as set out in the regulatory text at the end of this document.
Rulemaking Analyses
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
FMCSA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866, as
supplemented by Executive Order 13563 (76 FR 3821, Jan. 18, 2011), or
within the meaning of the DOT regulatory policies and procedures (44 FR
1103, Feb. 26, 1979). Thus, the Office of Management and Budget (OMB)
did not review this document. We expect the final rule will have no
costs; therefore, a full regulatory evaluation is unnecessary.
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.
Unfunded Mandates Reform Act
The final rule will not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et
seq.), that will result in the expenditure by State, local and tribal
governments, in the aggregate, or by the private sector, of $155
million (which is the value of $100 million in 2015 after adjusting for
inflation) or more in any 1 year.
E.O. 13132 (Federalism)
A final rule has implications for Federalism under section 1(a) of
Executive Order 13132 if it has ``substantial direct effects on the
States, on the relationship between national government and the States,
or on the distribution of power and responsibilities among various
levels of government.'' FMCSA has determined that this rule will not
have substantial direct effects on States, nor will it limit the
policymaking discretion of States. Nothing in this document preempts or
modifies any provision of State law or regulation, imposes substantial
direct unreimbursed compliance costs on any State, or diminishes the
power of any State to enforce its own laws. Accordingly, this
rulemaking does not have Federalism implications warranting the
application of E.O. 13132.
E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
rule.
Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175 titled, ``Consultation and Coordination with Indian Tribal
Governments,'' because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations. FMCSA determined that
no new information collection requirements are associated with this
final rule, nor are there any revisions to existing, approved
collections of information. Therefore, the PRA does not apply to this
final rule.
National Environmental Policy Act
FMCSA analyzed this final rule for the purpose of ascertaining the
applicability of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and determined under our Environmental Procedures
[[Page 68343]]
Order 5610.1, issued March 1, 2004 (69 FR 9680), that this action would
not have any effect on the quality of the environment. In addition,
this final rule is categorically excluded from further analysis and
documentation under the Categorical Exclusion (CE) in paragraph 6(b) of
Appendix 2 of FMCSA Order 5610.1. This CE addresses minor editorial
corrections such as those found in this rulemaking; therefore,
preparation of an environmental assessment or environmental impact
statement is not necessary.
FMCSA also analyzed this rule under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 42 U.S.C. 7506(c)), and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it does not affect direct or indirect emissions of
criteria pollutants.
E.O. 12898 (Environmental Justice)
This final rule is not subject to Executive Order 12898 (59 FR
7629, Feb. 16, 1994). Executive Order 12898 establishes Federal
executive policy on environmental justice. Its main provision directs
Federal agencies to make environmental justice part of their mission by
identifying and addressing, as appropriate, disproportionately high and
adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. FMCSA determined that this rule will
not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations because it
does not change the substance of any of the FMCSRs.
E.O. 13211 (Energy Effects)
FMCSA has analyzed this final rule under Executive Order 13211
titled, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.'' The Agency has determined that
it is not a ``significant energy action'' under that Executive Order
because it is not a ``significant regulatory action'' under Executive
Order 12866 and is not likely to have a significant adverse effect on
the supply, distribution, or use of energy. Therefore, no Statement of
Energy Effects is required.
E.O. 13045 (Protection of Children)
Executive Order 13045 titled, ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, Apr. 23,
1997), requires agencies issuing ``economically significant'' rules, if
the regulation also concerns an environmental health or safety risk
that an agency has reason to believe may disproportionately affect
children, to include an evaluation of the regulation's environmental
health and safety effects on children. As discussed previously, this
rule is not economically significant. Therefore, no analysis of the
impacts on children is required. Nevertheless, as this final rule does
not change the substance of any of the FMCSRs, FMCSA does not believe
it will have any environmental health or safety impacts on children.
E.O. 12988 (Civil Justice Reform)
This action meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988 titled, ``Civil Justice Reform,'' to minimize litigation,
eliminate ambiguity, and reduce burden.
E.O. 12630 (Taking of Private Property)
This final rule will not effect a taking of private property or
otherwise have taking implications under E.O. 12630 titled,
``Governmental Actions and Interference with Constitutionally Protected
Property Rights.''
National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) requires Federal agencies proposing to adopt technical standards
to consider whether voluntary consensus standards are available. If the
Agency chooses to adopt its own standards in place of existing
voluntary consensus standards, it must explain its decision in a
separate statement to OMB. Because this final rule does not adopt
technical standards, there is no need to submit a separate statement to
OMB on this matter.
Privacy Impact Assessment
Section 522(a)(5) of the Transportation, Treasury, Independent
Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108-
447, Division H, Title I, 118 Stat. 2809 at 3268, Dec. 8, 2004)
requires DOT and certain other Federal agencies to conduct a privacy
impact assessment of each rule that will affect the privacy of
individuals. Because this final rule will not affect the privacy of
individuals, FMCSA did not conduct a separate privacy impact
assessment.
List of Subjects
49 CFR Part 355
Highway safety, Intergovernmental relations, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.
49 CFR Part 356
Administrative practice and procedure, Freight forwarders, Highways
and roads, Motor carriers.
49 CFR Part 365
Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Maritime carriers, Mexico, Motor carriers, Moving of
household goods.
49 CFR Part 369
Motor carriers, Reporting and recordkeeping requirements.
49 CFR Part 370
Freight forwarders, Investigations, Motor carriers.
49 CFR Part 373
Buses, Freight, Freight forwarders, Motor carriers, Moving of
household goods.
49 CFR Part 374
Aged, Blind, Buses, Civil rights, Freight, Individuals with
disabilities, Motor carriers, Smoking.
49 CFR Part 376
Motor carriers, Reporting and recordkeeping requirements.
49 CFR Part 377
Credit, Freight forwarders, Maritime carriers, Motor carriers,
Moving of household goods.
49 CFR Part 378
Freight forwarders, Investigations, Motor carriers, Motor of
household goods.
49 CFR Part 382
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.
49 CFR Part 383
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
49 CFR Part 384
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
49 CFR Part 385
Administrative practice and procedure, Highway safety, Mexico,
Motor carriers, Motor vehicle safety, Reporting and recordkeeping
requirements.
[[Page 68344]]
49 CFR Part 386
Administrative practice and procedure, Brokers, Freight forwarders,
Hazardous materials transportation, Highway safety, Motor carriers,
Motor vehicle safety, Penalties.
49 CFR Part 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 395
Highway safety, Motor carriers, Reporting and recordkeeping
requirements.
49 CFR Part 397
Administrative practice and procedure, Hazardous materials
transportation, Highway safety, Intergovernmental relations, Motor
carriers, Parking, Radioactive materials, Reporting and recordkeeping
requirements, Rubber and rubber products.
49 CFR Part 398
Highway safety, Migrant labor, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, FMCSA is amending 49 CFR chapter
III, subchapter B, parts 355, 356, 365, 369, 370, 373, 374, 376, 377,
378, 382, 383, 384, 385, 386, 390, 391, 392, 395, 397, and 398, as set
forth below:
PART 355--COMPATIBILITY OF STATE LAWS AND REGULATIONS AFFECTING
INTERSTATE MOTOR CARRIER OPERATIONS
0
1. The authority citation for part 355 continues to read as follows:
Authority: 49 U.S.C. 504 and 31101 et seq.; and 49 CFR 1.87.
0
2. Revise the applicability section of appendix A to part 355 to read
as follows:
Appendix A to Part 355--Guidelines for the Regulatory Review
* * * * *
Applicability
The requirements must apply to all segments of the motor carrier
industry, for-hire and private carriers of property and for-hire
carriers of passengers.
* * * * *
PART 356--MOTOR CARRIER ROUTING REGULATIONS
0
3. The authority citation for part 356 continues to read as follows:
Authority: 5 U.S.C. 553; 49 U.S.C. 13301 and 13902; and 49 CFR
1.87.
Sec. 356.7 [Removed]
0
4. Remove Sec. 356.7.
Sec. 356.9 [Removed]
0
5. Remove Sec. 356.9.
Sec. 356.11 [Removed]
0
6. Remove Sec. 356.11.
Sec. 356.13 [Removed]
0
7. Remove Sec. 356.13.
PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
0
8. The authority citation for part 365 continues to read as follows:
Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301,
13901-13906, 14708, 31138, and 31144; sec. 5524 of Pub. L. 114-94,
129 Stat. 1312, 1560; and 49 CFR 1.87.
0
9. Amend Sec. 365.105 by revising paragraph (b) to read as follows:
Sec. 365.105 Starting the application process: Form OP-1.
* * * * *
(b) Obtain forms at a FMCSA Division Office in each State or at one
of the FMCSA Service Centers. Addresses and phone numbers for the
Division Offices and Service Centers can be found at: https://www.fmcsa.dot.gov/mission/field-offices. The forms and information
about filing procedures can be downloaded at: https://www.fmcsa.dot.gov/registration/registration-forms.
0
10. Amend Sec. 365.205 by revising paragraph (d) to read as follows:
Sec. 365.205 Contents of the protest.
* * * * *
(d) Protests must respond directly to the statutory standards for
FMCSA review of the application. As these standards vary for particular
types of applications, potential protestants should refer to the
general criteria addressed at Sec. 365.107 and may consult the FMCSA
at 800-832-5660 or via the web form at https://www.fmcsa.dot.gov/ask
for further assistance in developing their evidence.
0
11. Amend Sec. 365.413 by revising paragraph (b) and adding paragraph
(c) to read as follows:
Sec. 365.413 Procedures for changing the name or business form of a
motor carrier, freight forwarder, or property broker.
* * * * *
(b) Procedures. To accomplish these changes, a letter or signed
copy of form MCSA-5889, ``Motor Carrier Records Change Form,'' OMB No.
2126-0060, must be submitted to the Federal Motor Carrier Safety
Administration. It must be submitted in one of the following three
ways.
(1) Scanned and submitted via the web form at https://www.fmcsa.dot.gov/ask;
(2) Faxed to (202-366-3477); or
(3) Mailed to the Federal Motor Carrier Safety Administration,
Office of Registration and Safety Information (MC-RS), 1200 New Jersey
Ave. SE., Washington, DC 20590-0001. The envelope should be marked
``NAME CHANGE''.
(c) The registrant must provide:
(1) The docket number(s) and name of the carrier, freight
forwarder, or property broker requesting the change;
(2) A copy of the articles of incorporation and the State
certificate reflecting the incorporation;
(3) The name(s) of the owner(s) of the stock and the distribution
of the shares;
(4) The names of the officers and directors of the corporation; and
(5) A statement that there is no change in the ownership,
management, or control of the business. When this procedure is being
used to transfer operating rights from a deceased or incapacitated
spouse to the other spouse, documentation that the other spouse has the
legal right to effect such change must be included with the request.
The fee for filing a name change request is in Sec. 360.3(f) of this
chapter.
PART 369--REPORTS OF MOTOR CARRIERS
0
12. The authority citation for part 369 continues to read as follows:
Authority: 49 U.S.C. 14123; 49 CFR 1.87.
0
13. Amend Sec. 369.1 by revising the heading and paragraph (a) to read
as follows:
Sec. 369.1 Annual reports of for-hire, non-exempt motor carriers of
property, motor carriers of household goods, and dual property
carriers.
(a) Annual Report Form M. All class I and class II for-hire, non-
exempt motor carriers of property, including household goods and dual
property motor carriers, must file Motor Carrier Annual Report Form M
(Form M). Carriers must file the annual report on or before March 31 of
the year following
[[Page 68345]]
the year to which it relates. For classification criteria, see Sec.
369.2.
* * * * *
0
14. Amend Sec. 369.2 by revising the heading and the introductory text
of paragraph (a) to read as follows:
Sec. 369.2 Classification of carriers--for-hire, non-exempt motor
carriers of property, household goods carriers, and dual property
carriers.
(a) For-hire, non-exempt motor carriers of property are grouped
into the following three classes:
* * * * *
0
15. Amend Sec. 369.3 by revising the heading and the introductory text
of paragraph (a) to read as follows:
Sec. 369.3 Classification of carriers--for-hire, non-exempt motor
carriers of passengers.
(a) For-hire, non-exempt motor carriers of passengers are grouped
into the following two classes:
* * * * *
PART 370--PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND
VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING
SALVAGE
0
16. The authority citation for part 370 continues to read as follows:
Authority: 49 U.S.C. 13301 and 14706; and 49 CFR 1.87.
0
17. Amend Sec. 370.9 by revising paragraph (b) to read as follows:
Sec. 370.9 Disposition of claims.
* * * * *
(b) When settling a claim for loss or damage, a household goods
motor carrier as defined in Sec. 375.103 of this subchapter shall use
the replacement costs of the lost or damaged item as a base to apply a
depreciation factor to arrive at the current actual value of the lost
or damaged item.
PART 373--RECEIPTS AND BILLS
0
18. The authority citation for part 373 continues to read as follows:
Authority: 49 U.S.C. 13301, 13531, and 14706; and 49 CFR 1.87.
0
19. Add Sec. 373.100 to read as follows:
Sec. 373.100 Applicability.
This subpart applies to motor carriers subject to 49 U.S.C.
subtitle IV, part B (secs. 13101-14916).
0
20. Amend Sec. 373.101 by revising the heading and introductory text
to read as follows:
Sec. 373.101 For-hire, non-exempt motor carrier bills of lading.
Every motor carrier subject to Sec. 373.100 shall issue a receipt
or bill of lading for property tendered for transportation in
interstate or foreign commerce containing the following information:
* * * * *
0
21. Amend Sec. 373.103 by revising the heading and paragraphs (a)
introductory text and (b) introductory text to read as follows:
Sec. 373.103 For-hire, non-exempt expense bills.
(a) Property. Every for-hire, non-exempt motor carrier shall issue
a freight or expense bill for each shipment transported containing the
following information:
* * * * *
(b) Charter transportation of passenger service. Every for-hire,
non-exempt motor carrier providing charter transportation of passenger
service shall issue an expense bill containing the following
information:
* * * * *
PART 374-- PASSENGER CARRIER REGULATIONS
0
22. The authority citation for part 374 continues to read as follows:
Authority: 49 U.S.C. 13301 and 14101; and 49 CFR 1.87.
0
23. Add Sec. 374.1 before subpart A to read as follows:
Sec. 374.1 Applicability.
This part applies to motor carriers subject to 49 U.S.C. subtitle
IV, part B (secs. 13101-14916).
0
24. Revise the heading for subpart A to read as follows:
Subpart A--Discrimination in Operations of Interstate Motor
Carriers of Passengers
Sec. 374.101 [Amended]
0
25. In Sec. 374.101, remove the word ``common''.
Sec. 374.103 [Amended]
0
26. In Sec. 374.103, remove the word ``common''.
Sec. 374.105 [Amended]
0
27. In Sec. 374.105, remove the word ``common''.
Sec. 374.107 [Amended]
0
28. In Sec. 374.107, remove the word ``common'' and the word
``Common''.
Sec. 374.109 [Amended]
0
29. In Sec. 374.109, remove the word ``common''.
Sec. 374.111 [Amended]
0
30. In Sec. 374.111, remove the word ``common''.
Sec. 374.113 [Amended]
0
31. In Sec. 374.113, paragraph (a), remove the word ``common''.
Sec. 374.201 [Amended]
0
32. In Sec. 374.201, remove the word ``common''.
0
33. Revise the heading for subpart C to read as follows:
Subpart C--Adequacy of Intercity Motor Carrier Passenger Service
Sec. 374.301 [Amended]
0
34. In Sec. 374.301, remove the word ``common''.
Sec. 374.303 [Amended]
0
35. In Sec. 374.303, paragraph (a), remove the word ``common''.
0
36. Revise Sec. 374.401 to read as follows:
Sec. 374.401 Minimum permissible limitations for baggage liability.
Motor carriers of passengers and baggage subject to 49 U.S.C. 13501
may not publish tariff provisions limiting their liability for loss or
damage to baggage checked by a passenger transported in regular route
or special operations unless:
(a) The amount for which liability is limited is $250 or greater
per adult fare; and
(b) The provisions permit the passenger, for an additional charge,
to declare a value in excess of the limited amount, and allow the
passenger to recover the increased amount (but not higher than the
actual value) in event of loss or damage. The carriers may publish a
maximum value for which they will be liable, but that maximum value may
not be less than $1,000. Appropriate identification must be attached
securely by the passenger to each item of baggage checked, indicating
in a clear and legible manner the name and address to which the baggage
should be forwarded if lost and subsequently recovered. Identification
tags shall be made immediately available by the carriers to passengers
upon request.
(c) Carriers need not offer excess value coverage on articles
listed in Sec. 374.307(c)(3).
Sec. 374.403 [Amended]
0
37. In Sec. 374.403, paragraph (a), remove the word ``common''.
[[Page 68346]]
Sec. 374.405 [Amended]
0
38. In Sec. 374.405, remove the word ``common''.
Subpart E--Incidental Charter Rights
0
39. The authority citation for subpart E to part 374 is revised to read
as follows:
Authority: 49 U.S.C. 13301, 13501, 13506; and 49 CFR 1.87.
Sec. 374.501 [Amended]
0
40. Amend Sec. 374.501 by removing ``[49 U.S.C. 10932(c)]''.
PART 376--LEASE AND INTERCHANGE OF VEHICLES
0
41. The authority citation for part 376 continues to read as follows:
Authority: 49 U.S.C. 13301 and 14102; and 49 CFR 1.87.
0
42. Amend Sec. 376.1 by revising the introductory text and paragraph
(c) to read as follows:
Sec. 376.1 Applicability.
The regulations in this part apply to the following actions by
motor carriers registered with the Secretary to transport property
under 49 U.S.C. subtitle IV, part B:
* * * * *
(c) The interchange of equipment between for-hire motor carriers in
the performance of transportation regulated by the Secretary.
Sec. 376.2 [Amended]
0
43. Amend Sec. 376.2 by removing the term ``common'' in paragraph (c).
0
44. Amend Sec. 376.31 as follows:
0
a. Revise the introductory text; and
0
b. Revise the introductory text of paragraph (d), the first sentence of
paragraph (d)(1), and the first sentence of paragraph (d)(2).
The revisions read as follows:
Sec. 376.31 Interchange of equipment.
Authorized for-hire motor carriers may interchange equipment under
the following conditions:
* * * * *
(d) Identification of equipment. The authorized for-hire motor
carrier receiving the equipment shall identify equipment operated by it
in interchange service as follows:
(1) The authorized for-hire motor carrier shall identify power
units in accordance with FMCSA's requirements in 49 CFR part 390
(Identification of Vehicles). * * *
(2) Unless a copy of the interchange agreement is carried on the
equipment, the authorized for-hire motor carrier shall carry a
statement with each vehicle during interchange service certifying that
it is operating the equipment. * * *
* * * * *
PART 377--PAYMENT OF TRANSPORTATION CHARGES
0
45. The authority citation for part 377 continues to read as follows:
Authority: 49 U.S.C. 13101, 13301, 13701, 13702, 13706, 13707,
and 14101; and 49 CFR 1.87.
0
46. Revise Sec. 377.101 to read as follows:
Sec. 377.101 Applicability.
(a) Applicability. The rules and regulations in this part apply to
the transportation by motor vehicle of cash-on-delivery (c.o.d.)
shipments by all for-hire motor carriers of property subject to 49
U.S.C. 13702.
(b) Exceptions. (1) The rules in this part do not apply to
transportation which is auxiliary to or supplemental of transportation
by railroad and performed on railroad bills of lading.
(2) The rules in this part do not apply to transportation which is
performed for freight forwarders and on freight forwarder bills of
lading.
Sec. 377.103 [Amended]
0
47. Amend Sec. 377.103 by removing the term ``common'' and adding in
its place the term ``motor''.
Sec. 377.105 [Amended]
0
48. Amend Sec. 377.105 by removing the term ``common'' and adding in
its place the term ``motor''.
0
49. Revise the heading to subpart B of part 377 to read as follows:
Subpart B--Extension of Credit to Shippers by For-Hire, Non-Exempt
Motor Carriers and Household Goods Freight Forwarders
0
50. Revise Sec. 377.201 to read as follows:
Sec. 377.201 Scope.
(a) General. These regulations apply to the extension of credit in
the transportation of property under Federal Motor Carrier Safety
Administration regulation by for-hire, non-exempt motor carriers and
household goods freight forwarders subject to 49 U.S.C. subtitle IV,
part B, except as otherwise provided.
(b) Exceptions. These regulations do not apply to--
(1) Transportation for--
(i) The United States or any department, bureau, or agency thereof;
(ii) Any State or political subdivision thereof; or
(iii) The District of Columbia.
(2) Property transportation incidental to passenger operations.
Sec. 377.217 [Amended]
0
51. Amend Sec. 377.217 by removing the term ``common'' and adding in
its place the term ``motor''.
PART 378--PROCEDURES GOVERNING THE PROCESSING, INVESTIGATION, AND
DISPOSITION OF OVERCHARGE, DUPLICATE PAYMENT, OR OVERCOLLECTION
CLAIMS
0
52. The authority citation for part 378 continues to read as follows:
Authority: 49 U.S.C. 13321, 14101, 14704 and 14705; and 49 CFR
1.87.
Sec. 378.1 [Amended]
0
53. Amend Sec. 378.1 by removing the term ``common''.
Sec. 378.2 [Amended]
0
54. Amend Sec. 378.2 by removing the term ``common'' in paragraph (a).
PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING
0
55. The authority citation for part 382 continues to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec.
32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.
0
56. Amend Sec. 382.103 by revising paragraph (d)(3)(i)(C) to read as
follows:
Sec. 382.103 Applicability.
* * * * *
(d) * * *
(3) * * *
(i) * * *
(C) Not used in the operations of a for-hire motor carrier, except
for an exempt motor carrier as defined in Sec. 390.5 of this
subchapter;
* * * * *
Sec. 382.305 [Amended]
0
57. In Sec. 382.305, amend paragraph (b)(2) by removing ``50 percent''
and adding in its place ``25 percent''.
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
0
58. The authority citation for part 383 continues to read as follows:
Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs.
214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec.
1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of Pub. L.
109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141, 126
Stat. 405, 830; sec. 7208 of Pub. L. 114-94, 129 Stat. 1312, 1593;
and 49 CFR 1.87.
0
59. Amend Sec. 383.3 by revising paragraph (d)(1)(iii) to read as
follows:
[[Page 68347]]
Sec. 383.3 Applicability.
* * * * *
(d) * * *
(1) * * *
(iii) Not used in the operations of a for-hire motor carrier,
except for an exempt motor carrier as defined in Sec. 390.5 of this
subchapter;
* * * * *
0
60. Amend Sec. 383.5 by revising the definition of School bus to read
as follows:
Sec. 383.5 Definitions.
* * * * *
School bus means a CMV used to transport pre-primary, primary, or
secondary school students from home to school, from school to home, or
to and from school-sponsored events. School bus does not include
operations of a for-hire motor carrier.
* * * * *
0
61. Amend Sec. 383.77 by revising paragraph (a)(5) to read as follows:
Sec. 383.77 Substitute for driving skills tests for drivers with
military CMV experience.
* * * * *
(a) * * *
(5) Has not had any conviction for a violation of military, State
or local law relating to motor vehicle traffic control (other than a
parking violation) arising in connection with any traffic accident, and
has no record of an accident in which he/she was at fault; and
* * * * *
Sec. 383.131 [Amended]
0
62. Amend Sec. 383.131 by removing all references to ``July 2010'' and
adding in its place the phrase ``July 2010 or newer''.
Sec. 383.133 [Amended]
0
63. Amend Sec. 383.133 by removing all references to ``July 2010'' and
adding in its place the phrase ``July 2010 or newer''.
PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
0
64. The authority citation for part 384 is continues to read as
follows:
Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103
and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; and 49 CFR 1.87.
0
65. Revise Sec. 384.401 to read as follows:
Sec. 384.401 Withholding of funds based on noncompliance.
(a) Following the first year of noncompliance. An amount up to 4
percent of the Federal-aid highway funds required to be apportioned to
any State under each of sections 104(b)(1), (b)(3), and (b)(4) of title
23 U.S.C. shall be withheld from a State on the first day of the fiscal
year following such State's first year of noncompliance under this
part.
(b) Following second and subsequent year(s) of noncompliance. An
amount up to 8 percent of the Federal-aid highway funds required to be
apportioned to any State under each of sections 104(b)(1), (b)(3), and
(b)(4) of title 23 U.S.C. shall be withheld from a State on the first
day of the fiscal year following such State's second or subsequent
year(s) of noncompliance under this part.
Sec. 384.407 [Removed and Reserved]
0
66. Remove and reserve Sec. 384.407.
PART 385--SAFETY FITNESS PROCEDURES
0
67. The authority citation for part 385 continues to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 13901-
13905, 31133, 31135, 31136, 31137, 31144, 31148, and 31502; Sec.
113(a), Pub. L. 103-311; Sec. 408, Pub. L. 104-88, 109 Stat. 803,
958; Sec. 350, Pub. L. 107-87; and 49 CFR 1.87.
0
68. Revise Sec. 385.303 to read as follows:
Sec. 385.303 How does a motor carrier register with the FMCSA?
A motor carrier may contact the FMCSA by internet
(www.fmcsa.dot.gov); or Washington, DC headquarters by mail at, Federal
Motor Carrier Safety Administration, 1200 New Jersey Ave. SE.,
Washington, DC 20590-0001; fax 202-366-3477; or telephone 1-800-832-
5660, and request the application materials for a new entrant motor
carrier. Forms can also be downloaded from https://www.fmcsa.dot.gov/registration/registration-forms. A motor carrier which does not already
have a USDOT number must apply online via the Unified Registration
System (URS) at www.fmcsa.dot.gov/urs.
0
69. Amend appendix B to part 385 as follows:
0
a. Revise paragraph (c) of the introductory text.
0
b. Republish section II.(c).
0
c. In section VII, revise the entries for Sec. Sec. 395.8(a)(2)(ii)
and 395.11(b).
The revisions read as follows:
Appendix B to Part 385--Explanation of Safety Rating Process
* * * * *
(c) To meet the safety fitness standard, a motor carrier must
demonstrate to the FMCSA that it has adequate safety management
controls in place which function effectively to ensure acceptable
compliance with the applicable safety requirements. A ``safety
fitness methodology'' (SFRM) was developed by the FMCSA, which uses
data from compliance reviews (CRs) and roadside inspections to rate
motor carriers.
* * * * *
II. Converting CR Information Into a Safety Rating
* * * * *
(c) Critical regulations are those identified as such where
noncompliance relates to management and/or operational controls.
These are indicative of breakdowns in a carrier's management
controls. An example of a critical regulation is Sec. 395.3(a)(1),
requiring or permitting a property-carrying commercial motor vehicle
driver to drive more than 11 hours.
* * * * *
VII. List of Acute and Critical Regulations
* * * * *
Sec. 395.8(a)(2)(ii) Failure to require a driver to submit record of
duty status (critical).
* * * * *
Sec. 395.11(b) Failing to require a driver to submit supporting
documents (critical).
* * * * *
PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS
0
70. The authority citation for part 386 is revised to read as follows:
Authority: 49 U.S.C. 113; 49 U.S.C. chapters 5, 51, 59, 131-141,
145-149, 311, 313, and 315; Sec. 204, Pub. L. 104-88, 109 Stat. 803,
941 (49 U.S.C. 701 note); Sec. 217, Pub. L. 105-159, 113 Stat. 1748,
1767; Sec. 206, Pub. L. 106-159, 113 Stat. 1763; subtitle B, title
IV of Pub. L. 109-59; Sec. 701 of Pub. L. 114-74, 129 Stat. 584,
599; and 49 CFR 1.81 and 1.87.
0
71. Amend Sec. 386.1 by revising paragraph (c) to read as follows:
Sec. 386.1 Scope of rules in this part.
* * * * *
(c)(1) The rules in Sec. 386.12(a) govern the filing of a
complaint of a substantial violation and the handling of the complaint
by the appropriate Division Administrator.
(2) The rules in Sec. 386.12(b) govern the filing by a driver and
the handling by the appropriate Division Administrator of a complaint
of harassment in violation of Sec. 390.36 of this subchapter.
(3) The rules in Sec. 386.12(c) govern the filing by a driver and
the handling by the appropriate Division Administrator of a complaint
of coercion in violation of Sec. 390.6 of this subchapter.
[[Page 68348]]
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
72. 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, 31149, 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. 5518, 5524, Pub. L.
114-94, 129 Stat. 1312, 1558, 1560; and 49 CFR 1.81, 1.81a, and
1.87.
0
73. Amend Sec. 390.6 by revising paragraph (b)(1) to read as follows:
Sec. 390.6 Coercion prohibited.
* * * * *
(b) * * *
(1) A driver who believes he or she was coerced to violate a
regulation described in paragraph (a)(1) or (2) of this section may
file a written complaint under Sec. 386.12(c) of this subchapter.
* * * * *
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
74. The authority citation for part 391 continues 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.
Sec. 391.42 [Removed]
0
75. Remove Sec. 391.42.
0
76. Amend Sec. 391.43 by revising paragraphs (a), (f), and (h) to read
as follows:
Sec. 391.43 Medical examination; certificate of physical
examination.
(a) Except as provided by paragraph (b) of this section, the
medical examination must be performed by a medical examiner listed on
the National Registry of Certified Medical Examiners under subpart D of
part 390 of this chapter.
* * * * *
(f) The medical examination shall be performed, and its results
shall be recorded on the Medical Examination Report Form, MCSA-5875,
set out below:
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[[Page 68350]]
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[[Page 68354]]
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[[Page 68355]]
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[[Page 68356]]
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[[Page 68357]]
[GRAPHIC] [TIFF OMITTED] TR04OC16.149
* * * * *
(h) The medical examiner's certificate shall be completed in
accordance with the following Form MCSA-5876, Medical Examiner's
Certificate:
[[Page 68358]]
[GRAPHIC] [TIFF OMITTED] TR04OC16.150
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* * * * *
PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES
0
77. The authority citation for part 392 continues to read as follows:
Authority: 49 U.S.C. 504, 13902, 31136, 31151, 31502; Section
112 of Pub. L. 103-311, 108 Stat. 1673, 1676 (1994), as amended by
sec. 32509 of Pub. L. 112-141, 126 Stat. 405, 805 (2012); sec. 5524
of Pub. L. 114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87.
0
78. Amend Sec. 392.9b by revising paragraph (a) to read as follows:
Sec. 392.9b Prohibited transportation.
(a) Safety registration required. A commercial motor vehicle
providing transportation in interstate commerce must not be operated
without a safety registration and an active USDOT Number.
* * * * *
PART 395--HOURS OF SERVICE OF DRIVERS
0
79. The authority citation for part 395 continues to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136, 31137, and 31502; sec.
113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-
159 (as transferred by sec. 4115 and amended by secs. 4130-4132,
Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); sec. 4133, Pub.
L. 109-59, 119 Stat. 1144, 1744; sec. 108, Pub. L. 110-432, 122
Stat. 4860-4866; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830;
sec. 5206(b) of Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR
1.87.
0
80. Amend Sec. 395.1 by revising the introductory text of paragraph
(e)(1) 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. Sec. 395.8 and 395.11 if:
* * * * *
0
81. Amend Sec. 395.8 by revising paragraph (a)(1)(iii)(A)(4) to read
as follows:
Sec. 395.8 Driver's record of duty status.
(a) * * *
(1) * * *
(iii) * * *
(A) * * *
(4) That was manufactured before model year 2000, as reflected in
the vehicle identification number as shown on the vehicle's
registration.
* * * * *
PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND
PARKING RULES
0
82. The authority citation for part 397 continues to read as follows:
Authority: 49 U.S.C. 322; 49 CFR 1.87. Subpart A also issued
under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.97. Subparts C, D,
and E also issued under 49 U.S.C. 5112, 5125.
0
83. Amend Sec. 397.73 by revising paragraph (b) to read as follows:
Sec. 397.73 Public information and reporting requirements.
* * * * *
(b) Reporting and publishing requirements. (1) Each State or Indian
tribe, through its routing agency, shall provide information
identifying all NRHM routing designations that exist within its
jurisdiction by:
(i) Electronically, by email to HMRouting@dot.gov; or
(ii) Mail to the Federal Motor Carrier Safety Administration,
Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave. SE.,
Washington, DC 20590-0001.
(2) States and Indian tribes shall also submit to FMCSA the current
name of the State or Indian tribal agency responsible for NHRM highway
routing designations. The State or Indian tribe shall include
descriptions of these routing designations, along with the dates they
were established. Information on any subsequent changes or new NRHM
routing designations shall be furnished within 60 days after
establishment to the FMCSA. This
[[Page 68359]]
information will be available from the FMCSA, consolidated by the
FMCSA, and published annually in whole or as updates in the Federal
Register. Each State or Indian tribe may also publish this information
in its official register of State or tribal regulations.
* * * * *
Sec. 397.101 [Amended]
0
84. Amend Sec. 397.101 by removing paragraph (g).
0
85. Amend Sec. 397.103 by revising paragraph (c)(1) to read as
follows:
Sec. 397.103 Requirements for State routing designations.
* * * * *
(c) * * *
(1) The State gives written notice to the Federal Motor Carrier
Safety Administration:
(i) By email to HMRouting@dot.gov; or
(ii) By certified mail, return receipt requested, to the Federal
Motor Carrier Safety Administration, Office of Enforcement and
Compliance (MC-EC), 1200 New Jersey Ave., SE., Washington, DC 20590-
0001. Attention: National Hazardous Materials Route Registry.
* * * * *
PART 398--TRANSPORTATION OF MIGRANT WORKERS
0
86. The authority citation for part 398 continues to read as follows:
Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502,
and 31504; sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C.
701 note); sec. 212, Pub. L. 106-159, 113 Stat. 1748, 1766; and 49
CFR 1.87.
0
87. Amend Sec. 398.1 by revising paragraph (b) to read as follows:
Sec. 398.1 Definitions.
* * * * *
(b) Carrier of migrant workers by motor vehicle. ``Carrier of
migrant worker by motor vehicle'' means any person, including any for-
hire, non-exempt motor carrier conducting contract carriage operations
as defined in 49 U.S.C. 13102(4)(B), but not including any for-hire,
non-exempt motor carrier subject to other requirements in 49 U.S.C.
subtitle IV, part B besides contract carriage operations, who or which
transports in interstate or foreign commerce at any one time three or
more migrant workers to or from their employment by any motor vehicle
other than a passenger automobile or station wagon, except a migrant
worker transporting himself/herself or his/her immediate family.
* * * * *
Issued under authority delegated in 49 CFR 1.87 on: September
15, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-22996 Filed 9-30-16; 11:15 am]
BILLING CODE 4910-EX-P
