General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations, 57060-57077 [2021-21228]

Download as PDF 57060 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations Authority: 42 U.S.C. 7401 et seq. PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Subpart OO—Rhode Island for the 2015 Ozone NAAQS’’ at the end of the table to read as follows: § 52.2070 1. The authority citation for part 52 continues to read as follows: 2. In § 52.2070(e), amend the table by adding an entry for ‘‘Infrastructure SIP ■ ■ * Identification of plan. * * (e) * * * * * RHODE ISLAND NON REGULATORY Applicable geographic or nonattainment area State submittal date/effective date * * Statewide ................... 10/15/2020 Name of non regulatory SIP provision * Infrastructure SIP for the 2015 ozone NAAQS. BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Chapter III [Docket No. FMCSA–2021–0132] RIN 2126–AC41 General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: FMCSA amends its regulations by making technical corrections throughout the Federal Motor Carrier Safety Regulations (FMCSRs). The Agency makes minor changes to correct inadvertent errors and omissions, remove or update obsolete references, and improve the clarity and consistency of certain regulatory provisions. The Agency also makes nondiscretionary, ministerial changes that merely align regulatory requirements with the underlying statutory authority. Finally, FMCSA adds two new provisions for transparency relating to agency management and to FMCSA’s rules of organization, procedures, or practice, and makes corresponding changes to definitions, addresses, and employee titles throughout the FMCSRs. DATES: This final rule is effective October 14, 2021. lotter on DSK11XQN23PROD with RULES1 VerDate Sep<11>2014 16:23 Oct 13, 2021 Jkt 256001 Explanations * 10/14/2021, [Insert Federal Register citation]. * * This submittal is approved with respect to the following CAA elements or portions thereof: 110(a)(2)(A); (B); (C); (D) except (D)(i)(I) and (D)(i)(II)—visibility protection; (E); (F); (G); (J); (K); (L); and (M). This submittal is disapproved for element (H). See § 52.2077. Mr. Nicholas Warren, Regulatory Development Division, Office of Policy, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590– 0001; (202) 366–6124; nicholas.warren@ dot.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: [FR Doc. 2021–22232 Filed 10–13–21; 8:45 am] SUMMARY: * EPA approved date I. 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. 89–670, 80 Stat. 931, 937, Oct. 15, 1966). Section 6 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 (80 Stat. 939). 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 (and subsequently enacted) authority became known as the FMCSRs, codified at 49 CFR parts 350–399. The administrative powers to enforce chapter 315 (codified in 49 U.S.C. chapter 5) were also transferred from the ICC to the DOT in 1966, and assigned first to the Federal Highway Administration (FHWA) and then to FMCSA. The FMCSA Administrator, whose powers and duties are set forth in 49 U.S.C. 113, has been delegated authority, under 49 CFR 1.81, to exercise the authority of the Secretary PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 over and with respect to any personnel within their respective organizations and, under 49 CFR 1.87, to carry out the motor carrier functions vested in the Secretary of Transportation. In addition, under 49 CFR 1.81a, except as otherwise specifically provided in 49 CFR part 1, the Administrator may redelegate and authorize successive redelegations of authority within FMCSA under the Administrator’s jurisdiction. Between 1984 and 1999, several statutes added to FHWA’s authority. Various statutes authorize the enforcement of the FMCSRs, the Hazardous Materials Regulations, 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, Title II, 98 Stat. 2832, Oct. 30, 1984), codified at 49 U.S.C. chapter 311, subchapter III; the Commercial Motor Vehicle Safety Act of 1986 (Pub. L. 99–570, Title XII, 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; the Omnibus Transportation Employee Testing Act of 1991 (Pub. L. 102–143, Title V, 105 Stat. 917, 952, Oct. 28, 1991), codified at 49 U.S.C. 31306; the ICC Termination Act of 1995 (Pub. L. 104–88, 109 Stat. 803, Dec. 29, 1995), codified at 49 U.S.C. chapters 131–149; and the Transportation Equity Act for the 21st Century (Pub. L. 105–178, 112 Stat. 107, June 9, 1998). The Motor Carrier Safety Improvement Act of 1999 (Pub. L. 106– 159, 113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new operating E:\FR\FM\14OCR1.SGM 14OCR1 lotter on DSK11XQN23PROD with RULES1 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations administration within DOT, effective January 1, 2000. The motor carrier safety responsibilities previously assigned to both the 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 Act of 2001 (Pub. L. 107–56, 115 Stat. 272, Oct. 26, 2001); the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) (Pub. L. 109–59, 119 Stat. 1144, Aug. 10, 2005); the SAFETEA–LU Technical Corrections Act of 2008 (Pub. L. 110– 244, 122 Stat. 1572, June 6, 2008); the Moving Ahead for Progress in the 21st Century Act (MAP–21) (Pub. L. 112– 141, 126 Stat. 405, July 6, 2012); and the Fixing America’s Surface Transportation Act (Pub. L. 114–94, 129 Stat. 1312, Dec. 4, 2015). 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 Code of Federal Regulations (CFR). The Administrative Procedure Act (APA) specifically provides exceptions to its notice and comment rulemaking procedures when an agency finds there is good cause to dispense with them, and incorporates the finding, and a brief statement of reasons therefore, in the rules issued (5 U.S.C. 553(b)(3)(B)). Good cause exists when an agency determines that notice and public comment procedures are impractical, unnecessary, or contrary to the public interest. The amendments made in this final rule primarily correct inadvertent errors and omissions, remove or update obsolete references, and make minor language changes to improve clarity and consistency. Some changes relate to previous changes that were statutorily mandated or align regulatory requirements with the underlying statutory authority. In accommodating those changes, the Agency is performing nondiscretionary, ministerial acts. The technical amendments do not impose any material new requirements or increase compliance obligations. For these reasons, FMCSA finds good cause that notice and public comment on this final rule are unnecessary. Moreover, the amendment adding a separation of functions provision in new § 390.8 and almost all of this rule’s amendments to definitions, addresses, and employee titles throughout the FMCSRs concern an additional exception to the APA’s notice and VerDate Sep<11>2014 16:23 Oct 13, 2021 Jkt 256001 comment rulemaking procedures for ‘‘rules of agency organization, procedure, or practice’’ (5 U.S.C. 553(b)(3)(A)). These amendments are, therefore, excepted from the notice and public comment requirements. Further, the APA does not apply to matters ‘‘relating to agency management or personnel’’ (5 U.S.C. 553(a)(2)); therefore, the notice and comment rulemaking procedures do not apply to the delegations provision in new § 390.4. The APA also allows agencies to make rules effective immediately 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 immediately. The Agency is aware of the regulatory requirements 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 a major rule, they are not applicable. II. Section-by-Section Analysis This section-by-section analysis describes the changes to the regulatory text in numerical order. A. Part 365—Rules Governing Applications for Operating Authority Sections 365.101 (Suspended) and 365.101T Applications Governed by These Rules 2 FMCSA revises paragraph (h) of §§ 365.101 (Suspended) and 365.101T to reflect the termination of the North American Free Trade Agreement and the adoption of the United StatesMexico-Canada Agreement (USMCA), which came into effect July 1, 2020. This amended provision is consistent with USMCA Annex I—United States 1 A ‘‘major rule’’ means any rule that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in (a) an annual effect on the economy of $100 million or more; (b) a major increase in costs or prices for consumers, individual industries, Federal agencies, State agencies, local government agencies, or geographic regions; or (c) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets (5 U.S.C. 804(2)). 2 On January 17, 2017, FMCSA suspended certain regulations relating to the electronic Unified Registration System and delayed their effective date indefinitely (82 FR 5292). The suspended regulations were replaced by temporary provisions that contain the requirements in place on January 13, 2017. Section 365.101 was one of the sections suspended and § 365.101T, which is currently in effect, was one of the replacement sections added (82 FR 5299). PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 57061 (p. 9) and existing § 365.501(b), which reference the prohibition against a Mexico-domiciled motor carrier from providing point-to-point transportation services, including express delivery services, within the United States for goods other than international cargo. B. Part 368—Application for a Certificate of Registration To Operate in Municipalities in the United States on the United States-Mexico International Border or Within the Commercial Zones of Such Municipalities Sections 368.8 (Suspended) and 368.8T Appeals 3 Recent vacancies and organizational changes that affected the titles of FMCSA employees and office names underscored the need for FMCSA to add flexibility to redelegate functions internally according to organizational needs. FMCSA simplifies many sections across various parts of the CFR to remove or otherwise update references to specific titles or offices and replace them with ‘‘FMCSA’’ and, where necessary to ensure adequate mail routing, an ‘‘ATTN’’ line showing the subject matter of the petition or request. In §§ 368.8 (Suspended) and 368.8T, FMCSA removes the references to ‘‘the Director’’ and replaces them with ‘‘FMCSA’’ and replaces ‘‘the Director, Office of Data Analysis and Information Systems’’ with an address and ATTN: line (‘‘FMCSA, ATTN: § 368.8 Appeal, 1200 New Jersey Avenue SE, Washington, DC 20590,’’). These changes relate to agency management and do not affect the procedural rights of persons outside FMCSA; therefore, they are excepted from notice and comment by 5 U.S.C. 553(a)(2). C. Part 380—Special Training Requirements Section 380.603 Applicability FMCSA replaces ‘‘veterans’’ with ‘‘military personnel’’ in paragraph (a)(3). This conforming change ensures consistency with § 383.77, which is referenced in paragraph (a)(3). The term ‘‘military personnel’’ is used in § 383.77, and the word ‘‘veterans’’ does not appear in that section. This change ensures that paragraph (a)(3) uses the correct term when referencing the requirements under § 383.77. 3 See Note 2. Section 368.8 was another one of the sections suspended by the January 17, 2017 final rule, and § 368.8T, which is currently in effect, was another one of the replacement sections added (82 FR 5304). E:\FR\FM\14OCR1.SGM 14OCR1 57062 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations Section 380.723 Removal From Training Provider Registry: Procedure As discussed in section II.C., above, FMCSA simplifies many sections across various parts of the CFR to remove or otherwise update references to specific titles or offices to provide greater flexibility in delegations. In paragraph (a) of this section, FMCSA replaces ‘‘FMCSA’s Director, Office of Carrier, Driver, and Vehicle Safety Standards (Director)’’ with ‘‘FMCSA, ATTN: Training Provider Registry Removal, 1200 New Jersey Avenue SE, Washington, DC 20590.’’ Throughout paragraphs (c) and (f), FMCSA replaces ‘‘the Director’’ and ‘‘The Director’’ with ‘‘FMCSA.’’ In the introductory text of paragraph (d), FMCSA replaces ‘‘the FMCSA Associate Administrator for Policy (Associate Administrator)’’ with an address and ATTN: line (‘‘FMCSA, ATTN: § 380.723 Training Provider Registry Removal Proceedings, 1200 New Jersey Avenue SE, Washington, DC 20590,’’) and throughout the rest of paragraph (d) replaces the shorthand references to ‘‘The Associate Administrator’’ and ‘‘the Associate Administrator’’ with ‘‘FMCSA.’’ Section 380.725 Documentation and Record Retention FMCSA removes paragraph (b)(4), which currently requires all training providers on the Training Provider Registry (TPR) to retain the Training Provider Registration Form submitted to the TPR (see 81 FR 88732, Dec. 8, 2016). This revision reflects that FMCSA recognizes there is a duplicative record keeping requirement because the TPR will retain the same information provided on the Training Provider Registration Form, both as submitted under § 380.703 and as updated under § 380.719. This amendment simply eliminates that duplicative record keeping requirement. Appendix B to Part 380—Class B—CDL Training Curriculum In Unit B1.1.6 Backing and Docking, FMCSA removes the word ‘‘combination,’’ which was inadvertently included. The subject of appendix B is Class B training and Class B vehicles are not combination vehicles. lotter on DSK11XQN23PROD with RULES1 D. Part 381—Waivers, Exemptions, and Pilot Programs Section 381.200 What is a waiver? FMCSA amends paragraph (c) to more closely align its language with the statutory language in 49 U.S.C. 31315(a)(3), which provides that the Secretary may grant a waiver (after making the specified determination) VerDate Sep<11>2014 16:23 Oct 13, 2021 Jkt 256001 ‘‘for nonemergency and unique events.’’ The current language in paragraph (c), ‘‘for unique, non-emergency events,’’ implies that waivers are available only for events that are both unique and nonemergency in nature. This amendment is necessary to ensure consistency of interpretation and clarify that FMCSA has the authority to grant waivers under either circumstance. percent.4 As a result, the Agency increased the controlled substances minimum annual percentage rate for random controlled substances testing to 50 percent of the average number of driver positions. (84 FR 71528) E. Part 382—Controlled Substances and Alcohol Use and Testing FMCSA replaces the word ‘‘and’’ with ‘‘or’’ in paragraph (c). This amendment would correct the erroneous use of ‘‘and’’ in paragraph (c). Paragraph (a) provides that employers must obtain an employee’s general consent before conducting a limited query of the Clearinghouse. Paragraph (b) provides that employers must obtain an employee’s specific consent before conducting a full query of the Clearinghouse. The inadvertent use of the word ‘‘and’’ in paragraph (c) implies that employees are precluded from performing safety-sensitive functions only if they refuse to grant consent for both queries, rather than being precluded upon refusal to grant consent for either query as was originally intended. See 81 FR 87686, 87713 (‘‘This section provides that no employer may obtain information about an individual from the Clearinghouse without that individual’s express consent. It also provides that an employee cannot perform safetysensitive functions if he or she refuses to give this consent.’’). Section 382.107 Definitions In the definition of Consortium/Third party administrator (C/TPA) in § 382.107, FMCSA adds the phrase ‘‘except as provided in § 382.705(c)’’ after ‘‘for purposes of this part.’’ The Agency makes this change to conform the definition of C/TPA to the requirement, set forth in § 382.705(c), that a C/TPA acting on behalf of a selfemployed driver is acting as an ‘‘employer’’ when reporting that driver’s drug and alcohol violations to the Clearinghouse, and is therefore ultimately responsible for compliance with the reporting requirements in § 382.705(b). The sentence now provides that C/TPAs are not employers for purposes of the part, except as provided in § 382.705(c). Section 382.305 Random Testing This amendment relates to the higher minimum annual percentage rate for random controlled substances testing made effective for all testing in 2020 and later. FMCSA amends § 382.305(b)(2) to reflect that the minimum annual percentage rate for random controlled substances testing shall be 50 percent of the average number of driver positions, as it has been effective since January 1, 2020. On December 27, 2019 (84 FR 71527), FMCSA announced the increase of the minimum annual percentage rate for random controlled substances testing for drivers of CMVs requiring a CDL from 25 percent of the average number of driver positions to 50 percent of the average number of driver positions, effective in calendar year 2020. The FMCSA Administrator must increase the minimum annual random testing percentage rate when the data received under the reporting requirements for any calendar year indicate that the reported positive rate is equal to or greater than 1.0 percent. Based on the results of the 2018 FMCSA Drug and Alcohol Testing Survey, the positive rate for controlled substances random testing increased to 1.0 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 Section 382.703 Driver Consent To Permit Access to Information in the Clearinghouse Section 382.717 Procedures for Correcting Information in the Database As discussed in section II.C., above, FMCSA simplifies many sections across various parts of the CFR to remove or otherwise update references to specific titles or offices to provide greater flexibility in delegations. In paragraph (c) of this section, FMCSA replaces ‘‘Office of Enforcement and Compliance, Attention: Drug and Alcohol Program Manager’’ with ‘‘ATTN: Drug and Alcohol Clearinghouse Petition for Review.’’ In paragraph (f)(2), FMCSA replaces ‘‘the Associate Administrator for Enforcement (MC–E)’’ with ‘‘FMCSA, ATTN: Drug and Alcohol Clearinghouse Administrative Review.’’ Finally, in paragraph (f)(4), FMCSA replaces the shorthand reference to ‘‘The Associate Administrator’s’’ with ‘‘FMCSA’s.’’ 4 FMCSA, Results from the 2018 Drug and Alcohol Testing Survey (Dec. 2019), available at https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/ files/2019-12/RRA-19-015%28b%29-Drug_and_ Alcohol_Survey_Results_FINAL-508C.pdf. E:\FR\FM\14OCR1.SGM 14OCR1 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations F. Part 383—Commercial Driver’s License Standards; Requirements and Penalties Section 383.71 Driver Application and Certification Procedures FMCSA removes paragraph (a)(1), removes the introductory text from paragraph (a)(2), and renumbers paragraphs (a)(2)(i) through (ix) as paragraphs (a)(1) through (9). These revisions remove requirements relating to commercial learner’s permit applications submitted prior to July 18, 2015, which are no longer necessary. These revisions will clarify and streamline the section by removing requirements that are out-of-date. Section 383.73 State Procedures Sections 385.113 Administrative Review and 385.711 Administrative Review FMCSA revises the introductory text to paragraph (a), removes paragraph (a)(1), removes the introductory text from paragraph (a)(2), renumbers paragraphs (a)(2)(i) through (vii) as paragraphs (a)(1) through (7), and renumbers paragraphs (a)(7)(A) and (B) as paragraphs (a)(7)(i) and (ii). These changes remove requirements relating to commercial learner’s permit issued prior to July 18, 2015, similar to the changes above in § 383.71. FMCSA also updates cross-references to § 383.71 to reflect the changes in that section above. FMCSA replaces ‘‘CMV’’ with ‘‘CDL’’ in paragraphs (o)(4)(i)(A)(1) and (2). This amendment corrects an inadvertent error in the terminology used in this section. A ‘‘CDL downgrade’’ involves the State removing the ‘‘CDL’’ privilege from the driver license, not the ‘‘CMV’’ privilege. See 49 CFR 383.5 (definition of CDL Downgrade, paragraph 4). FMCSA replaces ‘‘insure’’ with ‘‘ensure’’ in paragraph (o)(5). This revision corrects an inadvertent word choice error. The word ‘‘insure’’ generally means to cover something with insurance, while the word ‘‘ensure’’ generally means to make sure something happens. It is clear from the context of the last sentence in paragraph (o)(5) that ‘‘ensure’’ is the word with the intended meaning. As discussed in section II.C., above, FMCSA simplifies many sections across various parts of the CFR to remove or otherwise update references to specific titles or offices to provide greater flexibility in delegations. In §§ 385.113(b) and 385.711(b), FMCSA replaces ‘‘the Associate Administrator for Enforcement and Program Delivery (MC–E), Federal Motor Carrier Safety Administration’’ and the same text without the ‘‘(MC–E)’’ routing designation with ‘‘FMCSA’’ and an ATTN: line (‘‘FMCSA, ATTN: § 385.113 Request for Administrative Review’’). In §§ 385.113(d) and 385.711(d), FMCSA replaces ‘‘The Associate Administrator’s’’ with ‘‘FMCSA’s.’’ G. Part 385—Safety Fitness Procedures H. Part 386—Rules of Practice for FMCSA Proceedings Sections 385.15 Administrative Review and 385.423 Does a motor carrier have a right to an administrative review of a denial, suspension, or revocation of a safety permit? lotter on DSK11XQN23PROD with RULES1 and 385.423. In addition, in § 385.15(c), FMCSA adds a comma after ‘‘Assistant Administrator’’ and ‘‘ATTN: Adjudications Counsel’’ to clarify that requests for administrative review under this section should be directed to FMCSA’s Adjudications Counsel to ensure that these requests are promptly received by the appropriate office for processing. This practice is consistent with other proceedings before the Assistant Administrator. See 49 CFR 383.52(c), 385.423(c), 385.911(e), 385.915(f), and 386.73(g). These updates are merely intended to provide greater clarity and transparency; they do not change existing authorities or practices. Under 49 U.S.C. 113(e) and 49 CFR 386.1(a), the Chief Safety Officer is the Assistant Administrator of FMCSA. To be consistent with other sections within the FMCSRs, FMCSA replaces the term ‘‘Chief Safety Officer’’ with ‘‘Assistant Administrator’’ throughout §§ 385.15 VerDate Sep<11>2014 16:23 Oct 13, 2021 Jkt 256001 Sections 385.903 Definitions and 385.1003 Definitions As part of the effort (discussed in section II.C., above) to update references to specific titles or offices and provide greater flexibility in delegations, FMCSA amends the definition of the term Agency Official in §§ 385.903 and 385.1003. The term was defined in both sections to mean ‘‘the Director of FMCSA’s Office of Enforcement and Compliance or his or her designee’’ but is now amended to mean ‘‘the FMCSA employee with delegated authority under this subpart.’’ Section 386.2 Definitions In § 386.2, FMCSA revises the definition of Assistant Administrator to use language that is consistent with the new definition of Assistant Administrator in §§ 390.5 (Suspended) and 390.5T. In addition, FMCSA replaces the term Decisionmaker in § 386.2 with Agency decisionmaker, which is the term used throughout part 386, and clarifies that the Agency PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 57063 decisionmaker makes the final decision for all administrative proceedings under part 386, not merely civil penalty proceedings. See, e.g., 49 CFR 386.73(g)(9). Finally, FMCSA revises the definition of Field Administrator by adding ‘‘or an authorized delegee’’ to the end of the definition, which is consistent with the clarification made to the definition of Assistant Administrator in this section (and in the new definition in §§ 390.5 (Suspended) and 390.5T). These updates are merely intended to provide greater clarity and transparency; they do not change existing authorities or practices. Section 386.3 Separation of Functions In § 386.3, FMCSA expands the application of its separation of functions provision in part 386 from civil penalty proceedings to also include proceedings under § 386.11, § 386.72, or § 386.73. This change streamlines the amendments made to part 386 in this rule because FMCSA would otherwise have needed to add a separation of functions provision to each of those sections, for clarity. This amendment codifies the separation of functions practices that FMCSA has maintained relating to these proceedings. FMSCA also adds a comma after the words ‘‘Hearing Officer’’. Sections 386.11 Commencement of Proceedings, 386.48 Medical Records and Physicians’ Reports, 386.71 Injunctions, 386.72 Imminent Hazard, and 386.73 Operations Out of Service and Record Consolidation Proceedings (Reincarnated Carriers) As discussed in section II.C., above, FMCSA simplifies many sections across various parts of the CFR to remove or otherwise update references to specific titles or offices to provide greater flexibility in delegations. In §§ 386.11(a) introductory text and 386.48, FMCSA replaces ‘‘the Director, Office of Carrier, Driver and Vehicle Safety Standards (MC–PS)’’ with ‘‘FMCSA.’’ FMCSA also inserts ‘‘FMCSA’’ in lieu of ‘‘the Chief Counsel’’ (§ 386.71), ‘‘the Director of the Office of Enforcement and Compliance or a Division Administrator, or his or her delegate,’’ (§ 386.72(b)(1) introductory text), ‘‘An FMCSA Field Administrator or the Director of FMCSA’s Office of Enforcement and Compliance (Director)’’ (§ 386.73(a) introductory text), and ‘‘The Field Administrator or Director’’ or ‘‘the Field Administrator or Director’’ (throughout § 386.73). Similarly, FMCSA replaces ‘‘Field Administrator or Director’’ with ‘‘FMCSA official.’’ E:\FR\FM\14OCR1.SGM 14OCR1 57064 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations Sections 386.83 Sanction for Failure To Pay Civil Penalties or Abide by Payment Plan; Operation in Interstate Commerce Prohibited and 386.84 Sanction for Failure To Pay Civil Penalties or Abide by Payment Plan; Suspension or Revocation of Registration Under 49 U.S.C. 113(e) and 49 CFR 386.1(a), the Chief Safety Officer is the Assistant Administrator of FMCSA. To be consistent with other sections within the FMCSRs, FMCSA replaces the term ‘‘Chief Safety Officer’’ with ‘‘Assistant Administrator’’ in §§ 386.83(b)(2) and 386.84(b)(2). These updates are merely intended to provide greater clarity and transparency; they do not change existing authorities or practices. I. Part 387—Minimum Levels of Financial Responsibility for Motor Carriers Section 387.9 Financial Responsibility, Minimum Levels FMCSA revises the table in § 387.9. The table, as currently written, switches between ‘‘in bulk,’’ ‘‘any quantity,’’ and ‘‘in excess of 3,500 gallons.’’ All of these terms refer to the definition of In bulk in § 387.5. The table is revised to replace all these terms with ‘‘in bulk’’ throughout the table. This revision eliminates confusion and increases consistency by replacing a variety of similar terms with a singular, defined term throughout the table. Sections 387.323 (Suspended) and 387.323T Electronic Filing of Surety Bonds, Trust Fund Agreements, Certificates of Insurance and Cancellations 5 FMCSA revises paragraph (c) of § 387.323 (Suspended) and 387.323T to reflect an updated link for filings that are transmitted online. Filers should use the updated link at https://li-public.fmcsa.dot.gov. J. Part 390—Federal Motor Carrier Safety Regulations; General lotter on DSK11XQN23PROD with RULES1 Section 390.3T General Applicability In § 390.3T, FMCSA removes the reference date in the introductory text of paragraph (h). The introductory text of paragraph (h) states that certain provisions apply to intermodal equipment providers ‘‘[o]n and after December 17, 2009.’’ This reference date is over 11 years old and can be safely removed without changing the requirements in paragraph (h). 5 See Note 2. Section 387.323 was another one of the sections suspended by the January 17, 2017 final rule, and § 387.323T, which is currently in effect, was another one of the replacement sections added (82 FR 5309). VerDate Sep<11>2014 18:24 Oct 13, 2021 Jkt 256001 Section 390.4 Delegations and Redelegations of Authority of FMCSA Employees To Perform Assigned Actions or Duties New § 390.4 clarifies internal delegations of authority and assignments of responsibility within FMCSA and does not affect the procedural rights of persons outside FMCSA. As such, the clarifications are rules related to management and personnel. 5 U.S.C. 553(a)(2). Moreover, these clarifications relate solely to agency organization, procedure, or practice and do not constitute a substantive rule. 5 U.S.C. 553(b)(3)(A). These changes do not affect the regulatory requirements imposed upon regulated entities. Therefore, they are excepted from notice and comment. Clarifying the responsibilities for personnel delegated authority in agency regulations is an internal management function. See United States v. Saunders, 951 F.2d 1065, 1068 (9th Cir. 1991) (delegations of authority have ‘‘no legal impact on, or significance for, the general public,’’ and ‘‘simply effect[ ] a shifting of responsibilities wholly internal to the Treasury Department’’); Lonsdale v. United States, 919 F.2d 1440, 1446 (10th Cir. 1990) (‘‘APA does not require publication of [rules] which internally delegate authority to enforce the Internal Revenue laws’’). It should be noted, however, that the decision to memorialize some internal agency management procedures in regulation does not limit an agency’s general authority, without changing rule text, to establish or make changes to other internal agency management procedures (i.e., those not already memorialized in regulation). Sections 390.5 (Suspended) and 390.5T Definitions 6 In §§ 390.5 (suspended) and 390.5T, FMCSA adds a definition of the term Assistant Administrator to clarify that references to the Assistant Administrator may include an individual who has been delegated the authority of the Assistant Administrator. FMCSA modifies the definition of Emergency in these sections by replacing, in paragraph (1), ‘‘the FMCSA Field Administrator for the geographical area in which the occurrence happens’’ with ‘‘FMCSA.’’ As discussed in section II.C., above, FMCSA simplifies many sections across various parts of the CFR to remove or otherwise update 6 See Note 2. Section 390.5 was another one of the sections suspended by the January 17, 2017 final rule, and § 390.5T, which is currently in effect, was another one of the replacement sections added (82 FR 5309). PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 references to specific titles or offices to provide greater flexibility in delegations. This edit conforms and relates to the edits made to §§ 390.23 and 390.25, as discussed below. In addition, FMCSA modifies the definition of Exempt intracity zone by replacing the reference to ‘‘appendix F of subchapter B of this chapter’’ with ‘‘appendix A to part 372’’ in both sections to reflect the new location of this appendix per the redesignation edits in chapter III, subchapter B. The redesignation of this appendix is discussed further in Section II.P, below. FMCSA also adds a definition of Field Administrator identical to the revised definition of that term in § 386.2, which has been slightly modified to clarify that the actions or duties assigned to the Field Administrator may be carried out by an authorized delegee. This definition applies throughout 49 CFR chapter III, subchapter B, whereas the definition in § 386.2 applies only to part 386. Adding the definition of Field Administrator to § 390.5T clarifies that, throughout subchapter B, the term refers to the head of the Service Center, regardless of changes to the title of that position (e.g., the head of the Service Center was previously the ‘‘Field Administrator,’’ but is now the ‘‘Regional Field Administrator’’), which is consistent with how the term has been applied in the context of § 386.2. These updates are merely intended to provide greater clarity and transparency; they do not change existing authorities or practices. Section 390.8 Separation of Functions In new § 390.8, FMCSA adds a separation of functions provision that applies to various administrative review proceedings under parts 380, 382, 390, 391, and 395. This amendment clarifies that FMCSA applies a separation of functions between Agency employees engaged in investigative or prosecutorial functions and the initial Agency determination, and those who participate or advise in the final Agency decision. This new section codifies separation of functions practices that FMCSA has maintained relating to these procedures. FMCSA adopts language similar to the language in §§ 385.21 and 386.3, which are the separation of functions provisions applicable to administrative reviews of safety ratings and proposed civil penalties, respectively. Sections 390.23 Relief From Regulations and 390.25 Extension of Relief From Regulations—Emergencies As discussed in section II.C., above, FMCSA simplifies many sections across E:\FR\FM\14OCR1.SGM 14OCR1 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations various parts of the CFR to remove or otherwise update references to specific titles or offices to provide greater flexibility in delegations. In §§ 390.23(a) (paragraphs (a)(1)(i)(B), (a)(1)(ii)(A), (a)(2)(i)(B), and (a)(2)(ii)) and 390.25, FMCSA replaces ‘‘The FMCSA Field Administrator’’ and ‘‘the FMCSA Field Administrator’’ with ‘‘FMCSA.’’ lotter on DSK11XQN23PROD with RULES1 Sections 390.115 Procedure for Removal From the National Registry of Certified Medical Examiners and 390.135 Procedure for Removal of a Certified VA Medical Examiner From the National Registry of Certified Medical Examiners As discussed in section II.C., above, FMCSA simplifies many sections across various parts of the CFR to remove or otherwise update references to specific titles or offices to provide greater flexibility in delegations. In §§ 390.115(a) and 390.135(a), FMCSA replaces ‘‘the FMCSA Director, Office of Carrier, Driver and Vehicle Safety Standards’’ with ‘‘FMCSA’’ and an ATTN: line (‘‘FMCSA, ATTN: Removal from National Registry of Certified Medical Examiners’’). Similarly, in §§ 390.115(d) and 390.135(d), FMCSA replaces ‘‘the FMCSA Associate Administrator for Policy’’ with ‘‘FMCSA’’ and an ATTN: line (‘‘FMCSA, ATTN: National Registry of Certified Medical Examiners—Request for Administrative Review’’). FMCSA also inserts ‘‘FMCSA’’ in lieu of ‘‘the Director, Office of Carrier, Driver and Vehicle Safety Standards’’ and its slight variation ‘‘The Director, Office of Carrier, Driver and Vehicle Safety Standards’’ throughout §§ 390.115 and 390.135. The table in the amendatory instructions for these sections identifies each paragraph where these changes occur. In §§ 390.115(c)(1)(i) and (ii) and 390.135(c)(1)(i) and (ii), FMCSA replaces this same title and the words that immediately follow (‘‘finds it’’) with ‘‘FMCSA finds it’’ so as to read (in the first of six instances) ‘‘If FMCSA finds it has wholly relied on . . .’’ rather than ‘‘If the Director Office of Carrier, Driver and Vehicle Safety Standards finds FMCSA has wholly relied on . . .’’. Finally, FMCSA inserts ‘‘FMCSA’’ in lieu of ‘‘The Associate Administrator’’ and its slight variation ‘‘the Associate Administrator’’ throughout §§ 390.115(d) and 390.135(d), as described in the table in the amendatory instructions for these sections. VerDate Sep<11>2014 16:23 Oct 13, 2021 Jkt 256001 K. Part 391—Qualifications of Drivers and Longer Combination Vehicle (LCV) Driver Instructors Sections 391.43 Medical Examination; Certificate of Physical Examination and 391.47 Resolution of Conflicts of Medical Evaluation As discussed in section II.C., above, FMCSA simplifies many sections across various parts of the CFR to remove or otherwise update references to specific titles or offices to provide greater flexibility in delegations. In §§ 391.43(g)(5)(i)(A) and (B) and 391.47(c), (d)(1) and (2), and (f), FMCSA replaces ‘‘the Director, Office of Carrier, Driver and Vehicle Safety Standards’’ and its slight variant ‘‘The Director, Office of Carrier, Driver and Vehicle Safety Standards’’ with ‘‘FMCSA.’’ FMCSA also replaces the shorthand terms ‘‘The Director’’ and ‘‘The Director’s’’ with ‘‘FMCSA’’ and ‘‘FMCSA’s’’ in § 391.47(c) and (e), respectively. Section 391.49 Alternative Physical Qualification Standards for the Loss or Impairment of Limbs As discussed in section II.C., above, FMCSA simplifies many sections across various parts of the CFR to remove or otherwise update references to specific titles or offices to provide greater flexibility in delegations. In § 391.49(a), (g), (h), (j)(1), and (k), FMCSA removes the references to ‘‘the Division Administrator, FMCSA,’’ or to the ‘‘The Division Administrator/State Director, FMCSA,’’ as applicable, leaving only the references to FMCSA. In paragraph (b)(2), FMCSA specifies the application must be submitted to ‘‘the SPE Certificate Program at the applicable FMCSA service center’’ rather than ‘‘the applicable field service center, FMCSA.’’ In paragraphs (e)(1) introductory text, (e)(1)(i) and (ii), and (i), the Agency replaces ‘‘Medical Program Specialist, FMCSA service center,’’ ‘‘Medical Program Specialist, FMCSA field service center,’’ and ‘‘Medical Program Specialist, FMCSA’’ with ‘‘SPE Certificate Program, FMCSA service center.’’ In paragraph (j)(2), FMCSA simplifies ‘‘the Division Administrator/State Director, FMCSA, for the State where the driver applicant has legal residence’’ to ‘‘FMCSA.’’ In addition, in § 391.49(d)(1) after ‘‘A copy of the,’’ FMCSA adds ‘‘Medical Examination Report Form, MCSA–5875, documenting the.’’ In paragraph (i)(7), FMCSA replaces ‘‘medical examination report’’ with ‘‘Medical Examination Report Form, MCSA–5875.’’ In paragraph (d)(2), FMCSA changes ‘‘medical certificate’’ to ‘‘Medical PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 57065 Examiner’s Certificate, Form MCSA– 5876.’’ These changes provide clarity and assist the reader by specifying the current forms required and adopted in 2015 (see 80 FR 22790, Apr. 23, 2015). In addition to the change above in paragraph (j)(2), the Agency replaces ‘‘a Skill Performance Evaluation Program Specialist’’ with ‘‘an SPE Evaluator’’ to be consistent with the terminology used in the program and to avoid confusion with an SPE Medical Program Specialist. FMCSA removes the paragraph headings for paragraphs (b) and (e) to ensure consistency throughout the section. FMCSA also adds hyphens to the term ‘‘co-applicants’’ throughout the section and the term ‘‘above-named’’ in the form under paragraph (j)(2). Section 391.51 General Requirements for Driver Qualification Files In § 391.51, FMCSA makes edits to conform to the edits made to paragraph (a) of § 391.49, which § 391.51(b)(8) cross-references. Specifically, rather than state that the qualification file for a driver must include a ‘‘Skill Performance Evaluation Certificate obtained from a Field Administrator, Division Administrator, or State Director issued in accordance with § 391.49,’’ paragraph (b)(8) will refer to a ‘‘Skill Performance Evaluation Certificate issued by FMCSA in accordance with § 391.49.’’ This language is also structured to parallel the structure in the rest of the paragraph regarding a ‘‘Medical Exemption document issued by a Federal medical program in accordance with part 381 of this chapter.’’ Section 391.61 Drivers Who Were Regularly Employed Before January 1, 1971 FMCSA revises § 391.61 by changing the reference in that section from § 391.33 to § 391.31. This revision corrects an earlier mistake when FHWA inadvertently changed the reference in § 391.61 from § 391.31 to § 391.33. When § 391.61 was adopted in 1971, the regulation referenced § 391.31 (35 FR 6458, 6466, Apr. 22, 1970). On January 27, 1997, FHWA proposed to eliminate the requirement for a road test in § 391.31 and stated the removal of the regulation affects § 391.61 (62 FR 3855, 3858). There was no discussion of changes made to § 391.61 (see 62 FR 3859). In the June 18, 1998 final rule, FHWA decided to retain § 391.31 and the road test requirement, but amended § 391.61 to include § 391.33 instead of § 391.31 in error (see 63 FR 33254, 33263–64, 33278). E:\FR\FM\14OCR1.SGM 14OCR1 57066 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations L. Part 393—Parts and Accessories Necessary for Safe Operation Section 393.47 Brake Actuators, Slack Adjusters, Linings/Pads, and Drums/ Rotors FMCSA amends this section in response to a December 17, 2018 petition for rulemaking from the Commercial Vehicle Safety Alliance (CVSA). After consulting with a major brake chamber supplier concerning the manufacturer’s recommended adjustment limits for type 36 clamptype chambers, CVSA requested that FMCSA amend the FMCSRs to specify the correct readjustment limit for such chambers in § 393.47(e)(l) and appendix G, section 1. Brake System. CVSA noted its belief that the incorrect value was taken directly from the 2001 edition of Society for Automotive Engineers (SAE) standard J1817 (SAE J1817), which also contains the error, and informed FMCSA that SAE was in the process of correcting the error. FMCSA has reviewed the February 2018 edition of SAE J1817 (as well as the June 2017 edition of SAE J2899) and confirmed that the readjustment limit for type 36 clamp-type brake chambers is 2.5 in. (63.5 mm.). The readjustment limits specified in the August 6, 2012 final rule (77 FR 46633, 46638) were based on the July 2001 SAE J1817 that had been incorporated by reference in § 393.7(b)(15) on August 15, 2005 (70 FR 48008, 48027). Because SAE has since corrected the error, FMCSA makes conforming amendments to the entries for type 36 clamp-type chambers in § 393.47(e)(l) and appendix G, section 1. Brake System. FMCSA has placed a copy of CVSA’s 2018 petition in the docket for this rulemaking. Section 393.71 Coupling Devices and Towing Methods, Driveaway-Towaway Operations FMCSA replaces ‘‘insure’’ with ‘‘ensure’’ throughout the section. This revision corrects an inadvertent word choice error and follows the rationale of the change to § 383.73 in section II.I., above. M. Part 395—Hours of Service of Drivers lotter on DSK11XQN23PROD with RULES1 Section 395.13 Service Drivers Ordered Out of In § 395.13, FMCSA replaces the words ‘‘declared,’’ ‘‘declare,’’ and ‘‘declaring’’ with ‘‘ordered,’’ ‘‘order,’’ and ‘‘ordering,’’ respectively, in both the text of the section and in the title of the section. Section 383.5 defines an out-ofservice ‘‘order’’ to include §§ 396.9, 395.13, 392.5, and 386.72. However, § 395.13 uses the word ‘‘declared’’ VerDate Sep<11>2014 16:23 Oct 13, 2021 Jkt 256001 instead of ‘‘ordered,’’ which is inconsistent with §§ 392.5 and 386.72, both of which state ‘‘order.’’ These amendments would provide clarity and consistency; now § 395.13 will use ‘‘ordered’’ instead of ‘‘declared’’ to mirror the language of § 383.37(d), which provides when a driver or vehicle is subject to an out-of-service ‘‘order.’’ FMCSA also adds the word ‘‘the’’ before ‘‘motor carrier’’ in paragraph (d)(3). Appendix A to Subpart B of Part 395 Functional Specifications for All Electronic Logging Devices (ELDs) In reference sections 5.4.3, 5.4.4(b), and 5.4.4(d), FMCSA replaces ‘‘the Director, Office of Carrier Driver, and Vehicle Safety Standards’’ and its slight variants (one with a comma at the end and the other beginning with a capital ‘‘t’’ in ‘‘The’’) with simply ‘‘FMCSA.’’ FMCSA also inserts ‘‘FMCSA’’ in lieu of the shorthand version (‘‘the Director’’) in reference sections 5.4.4(c) and 5.4.4(d). In reference section 5.4.4.(b), FMCSA replaces ‘‘the Associate Administrator for Policy’’ with ‘‘FMCSA, ATTN: ELD Removal— Request for Administrative Review.’’ FMCSA also replaces ‘‘The Associate Administrator’’ (in reference sections 5.4.5(c) and (d)) and its slight variant ‘‘the Associate Administrator’’ (in reference section 5.4.5(c)) with ‘‘FMCSA.’’ In addition, in reference section 7.19 Engine Hours, FMCSA corrects a typographical error. Namely, FMCSA removes a comma from the stated range to ensure the value is within the required data length of 3–7 characters and the range for elapsed engine hours reflects the proper value. N. Part 396—Inspection, Repair, and Maintenance Section 396.9 Inspection of Motor Vehicles and Intermodal Equipment in Operation In § 396.9(c), FMCSA replaces the words ‘‘declared’’ and ‘‘declare’’ with ‘‘ordered,’’ and ‘‘order,’’ respectively, and replaces the word ‘‘notice’’ (in the phrase ‘‘out-of-service notice’’ with ‘‘order’’ (to read ‘‘out-of-service order’’). Section 383.5 defines an out-of-service ‘‘order’’ to include §§ 396.9, 395.13, 392.5, and 386.72. However, § 396.9 uses the word ‘‘declared’’ instead of ‘‘ordered,’’ which is inconsistent with §§ 392.5 and 386.72, both of which use the word ‘‘order.’’ These amendments provide clarity and consistency; § 396.9(c) will use ‘‘ordered’’ instead of ‘‘declared’’ to mirror the language of § 395.13, as modified in section II..M, above. PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 Sections 396.17 Periodic Inspection, 396.19 Inspector Qualifications, and 396.21 Periodic Inspection Recordkeeping Requirements As further discussed in section II.P. below, FMCSA redesignates appendix G to subchapter B of chapter III (‘‘Minimum Periodic Inspection Standards’’) as appendix A to part 396. Accordingly, FMCSA amends §§ 396.17, 396.19, and 396.21 to change the crossreferences to ‘‘appendix G of this subchapter’’ and ‘‘appendix G of this subchapter’’ to reflect the new name and location of the appendix (i.e., ‘‘appendix A to part 396—. . .’’). O. Part 398—Transportation of Migrant Workers Section 398.4 Vehicles Driving of Motor FMCSA replaces ‘‘insure’’ with ‘‘ensure’’ in paragraph (a). This revision corrects an inadvertent word choice error and follows the rationale of the change to § 383.73 in section II..I, above. Section 398.7 Inspection and Maintenance of Motor Vehicles FMCSA replaces ‘‘insure’’ with ‘‘ensure’’ in § 398.7. This revision corrects an inadvertent word choice error and follows the rationale of the change to § 383.73 in section II..I, above. P. Chapter III—Federal Motor Carrier Safety Administration, Department of Transportation, Subchapter B—Federal Motor Carrier Safety Regulations Appendix F to Subchapter B of Chapter III—Commercial Zones and Appendix G to Subchapter B of Chapter III— Minimum Periodic Inspection Standards FMCSA currently has a number of appendices listed as appendices to subchapter B of chapter III that directly pertain to other parts of the CFR. FMCSA believes it would be beneficial to move two of those appendices, appendices F and G, to the parts of title 49 of the CFR to which they pertain. FMCSA implements these changes by redesignating appendix F as appendix A to part 372, and redesignating appendix G as appendix A to part 396. FMCSA also makes amendments to the entry for type 36 clamp-type chambers in the ‘‘Clamp-Type Brake Chambers’’ table in section 1 of the newly redesignated appendix A to part 396 as discussed in section II.L. E:\FR\FM\14OCR1.SGM 14OCR1 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations III. Regulatory Analyses A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O. 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures FMCSA has considered the impact of this final rule under E.O. 12866 (58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563 (76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory Review, and DOT’s regulatory policies and procedures. The Office of Information and Regulatory Affairs within the Office of Management and Budget (OMB) determined that this final rule is not a significant regulatory action under section 3(f) of E.O. 12866, as supplemented by E.O. 13563, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. Accordingly, OMB has not reviewed it under that E.O. The amendments made in this final rule primarily correct inadvertent errors and omissions, remove or update obsolete references, and make minor language changes to improve clarity and consistency. Some changes relate to previous changes that were statutorily mandated or merely align regulatory requirements with the underlying statutory authority. In accommodating those changes, the Agency is performing nondiscretionary, ministerial acts. Two new provisions relate to agency management and to FMCSA’s rules of organization, procedures, or practice. None of the changes in this final rule imposes material new requirements or increases compliance obligations; therefore, this final rule imposes no new costs and a full regulatory evaluation is unnecessary. lotter on DSK11XQN23PROD with RULES1 B. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801–808), the Office of Information and Regulatory Affairs designated this rule as not a ‘‘major rule,’’ as defined by 5 U.S.C. 804(2). C. Regulatory Flexibility Act (Small Entities) Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601–612), FMCSA is not required to complete a regulatory flexibility analysis because, as discussed earlier in the Legal Basis for the Rulemaking section, this action is not subject to notice and public comment under section 553(b) of the APA. D. Assistance for Small Entities In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. VerDate Sep<11>2014 16:23 Oct 13, 2021 Jkt 256001 L. 104–121, 110 Stat. 857, Mar. 29, 1996), FMCSA wants to assist small entities in understanding this final rule so they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the final rule will affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance; please consult the person listed under the FOR FURTHER INFORMATION CONTACT section of this final rule. Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the Small Business Administration’s Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of FMCSA, call 1–888–REG– FAIR (1–888–734–3247). DOT has a policy regarding the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights. E. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal government, in the aggregate, or by the private sector of $170 million (which is the value equivalent of $100 million in 1995, adjusted for inflation to 2020 levels) or more in any 1 year. This final rule will not result in such an expenditure. F. Paperwork Reduction Act (Collection of Information) This final rule contains no new information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). G. E.O. 13132 (Federalism) A rule has implications for federalism under section 1(a) of E.O. 13132 if it has ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ FMCSA has determined that this rule will not have substantial direct costs on or for States, nor will it limit the policymaking PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 57067 discretion of States. Nothing in this document preempts any State law or regulation. Therefore, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Impact Statement. H. Privacy The Consolidated Appropriations Act, 2005 (Pub. L. 108–447, 118 Stat. 2809, 3268, Dec. 8, 2004 (5 U.S.C. 552a note)), requires the Agency to conduct a privacy impact assessment of a regulation that will affect the privacy of individuals. Because this rule does not require the collection of personally identifiable information, the Agency is not required to conduct a privacy impact assessment. The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies and any non-Federal agency that receives records contained in a system of records from a Federal agency for use in a matching program. The E-Government Act of 2002 (Pub. L. 107–347, sec. 208, 116 Stat. 2899, 2921, Dec. 17, 2002), requires Federal agencies to conduct a privacy impact assessment for new or substantially changed technology that collects, maintains, or disseminates information in an identifiable form. No new or substantially changed technology will collect, maintain, or disseminate information as a result of this rule. Accordingly, FMCSA has not conducted a privacy impact assessment. I. E.O. 13175 (Indian Tribal Governments) This rule does not have Tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. J. National Environmental Policy Act of 1969 FMCSA analyzed this rule pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and determined this action is categorically excluded from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1 (69 FR 9680, Mar. 1, 2004), Appendix 2, paragraphs 6.b and c. These Categorical Exclusions address minor corrections and regulations concerning internal agency functions, organization, or personnel administration such as those E:\FR\FM\14OCR1.SGM 14OCR1 57068 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations 49 CFR Part 391 found in this rulemaking. Therefore, preparation of an environmental assessment or environmental impact statement is not necessary. Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor carriers, Reporting and recordkeeping requirements, Safety, Transportation. List of Subjects 49 CFR Part 365 Administrative practice and procedure, Brokers, Buses, Freight forwarders, Maritime carriers, Mexico, Motor carriers, Moving of household goods. 49 CFR Part 368 Administrative practice and procedure, Mexico, Motor carriers. 49 CFR Part 383 Administrative practice and procedure, Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor carriers, Penalties, Safety, Transportation. 49 CFR Part 385 Administrative practice and procedure, Highway safety, Incorporation by reference, Mexico, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements. lotter on DSK11XQN23PROD with RULES1 § 365.101T Applications governed by these rules. Highway safety, Migrant labor, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements. In consideration of the foregoing, FMCSA amends 49 CFR chapter III as set forth below: Appendix F to Subchapter B of Chapter III [Transferred to Part 372 and Redesignated as Appendix A to Part 372] 1. Under the authority of 44 U.S.C. 1505 and 1510, appendix F to subchapter B of chapter III is transferred to part 372 and redesignated as appendix A to part 372. ■ Appendix G to Subchapter B of Chapter III [Transferred to Part 396 and Redesignated as Appendix A to Part 396] 2. Under the authority of 44 U.S.C. 1505 and 1510, appendix G to subchapter B of chapter III is transferred to part 396 and redesignated as appendix A to part 396. ■ 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 387 Buses, Freight, Freight forwarders, Hazardous materials transportation, Highway safety, Insurance, Intergovernmental relations, Motor carriers, Motor vehicle safety, Moving of household goods, Penalties, Reporting and recordkeeping requirements, Surety bonds. Jkt 256001 Highway safety, Motor carriers, Reporting and recordkeeping requirements. 49 CFR Part 398 49 CFR Part 382 Administrative practice and procedure, Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor carriers, Penalties, Safety, Transportation. 16:23 Oct 13, 2021 49 CFR Part 395 Highway safety, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements. 49 CFR Part 381 Motor carriers. VerDate Sep<11>2014 Highway safety, Motor carriers, Motor vehicle safety. 49 CFR Part 396 49 CFR Part 380 Administrative practice and procedure, Highway safety, Motor carriers, Reporting and recordkeeping requirements. 49 CFR Part 390 Highway safety, Intermodal transportation, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements. 49 CFR Part 393 foreign commerce as common, contract or private motor carriers of property (including exempt items) between Mexico and all points in the United States. A Mexico-domiciled motor carrier may not provide point-to-point transportation services, including express delivery services, within the United States for goods other than international cargo. * * * * * ■ 5. Amend § 365.101T by revising paragraph (h) to read as follows: * * * * * (h) Applications for Mexicodomiciled motor carriers to operate in foreign commerce as for-hire or private motor carriers of property (including exempt items) between Mexico and all points in the United States. A Mexicodomiciled motor carrier may not provide point-to-point transportation services, including express delivery services, within the United States for goods other than international cargo. * * * * * PART 368—APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH MUNICIPALITIES 6. The authority citation for part 368 is revised to read as follows: ■ Authority: 49 U.S.C. 13301, 13902, 13908; Pub. L. 106–159, 113 Stat. 1748; and 49 CFR 1.87. ■ ■ ■ 7. Amend § 368.8 as follows: a. Lift the suspension of the section; b. Revise the third sentence; and c. Suspend the section indefinitely. The revision reads as follows: PART 365—RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY ■ 3. The authority citation for part 365 continues to read as follows: * * * The appeal must be filed with FMCSA, ATTN: § 368.8 Appeal, 1200 New Jersey Avenue SE, Washington, DC 20590, within 20 days of the date of the letter denying the application. ■ 8. Amend § 368.8T by revising the third and fourth sentences to read as follows: ■ Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901–13906, 13908, 14708, 31133, 31138, and 31144; 49 CFR 1.87. ■ ■ ■ ■ 4. Amend § 365.101 as follows: a. Lift the suspension of the section; b. Revise paragraph (h); and c. Suspend the section indefinitely. The revision reads as follows: § 365.101 rules. Applications governed by these * * * * * (h) Applications for Mexicodomiciled motor carriers to operate in PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 § 368.8 Appeals. § 368.8T Appeals. * * * The appeal must be filed with FMCSA, ATTN: § 368.8 Appeal, 1200 New Jersey Avenue SE, Washington, DC 20590, within 20 days of the date of the letter denying the application. The decision will be the final agency order. E:\FR\FM\14OCR1.SGM 14OCR1 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations ■ ■ 9. The authority citation for part 380 is revised to read as follows: § 380.603 Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, 31502; sec. 4007(a) and (b), Pub. L. 102–240, 105 Stat. 1914, 2151–2152; sec. 32304, Pub. L. 112–141, 126 Stat. 405, 791; and 49 CFR 1.87. (a) * * * (3) Military personnel with military CMV experience who meet all the requirements and conditions of § 383.77 of this chapter; and * * * * * [Amended] 11. In the table below, for each paragraph of § 380.723 indicated in the left column, remove the text indicated in the middle column from wherever it appears, and add in its place the text indicated in the right column: ■ Applicability. Paragraph Remove Add (a) .................................................... FMCSA’s Director, Office of Carrier, Driver, and Vehicle Safety Standards (Director). (c) introductory text, (c)(1)(i) and (ii), and (c)(2)(i). (c)(1) introductory text and (c)(2)(i) and (ii). (d) introductory text ......................... the Director ................................................................ FMCSA, ATTN: Training Provider Registry Removal, 1200 New Jersey Avenue SE, Washington, DC 20590. FMCSA. The Director ............................................................... FMCSA. the FMCSA Associate Administrator for Policy (Associate Administrator). (d)(1) and (2) ................................... (d)(1) and (2) ................................... (e) introductory text and (f)(1) and (2). The Associate Administrator ..................................... the Associate Administrator ....................................... the Director ................................................................ FMCSA, ATTN: § 380.723 Training Provider Registry Removal Proceedings, 1200 New Jersey Avenue SE, Washington, DC 20590. FMCSA. FMCSA. FMCSA. § 380.725 [Amended] 12. Amend § 380.725 by: ■ a. Removing paragraph (b)(4); and ■ b. Redesignating paragraphs (b)(5) and (6) as paragraphs (b)(4) and (5), respectively. ■ Appendix B to Part 380—[Amended] 13. Amend appendix B to part 380 by removing the word ‘‘combination’’ in unit B1.1.6. ■ PART 381—WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS 14. The authority citation for part 381 is revised to read as follows: ■ Authority: 49 U.S.C. 31136(e), 31315; and 49 CFR 1.87. 15. Amend § 381.200 by revising paragraph (c) to read as follows: ■ § 381.200 What is a waiver? * * * * * (c) A waiver is intended for nonemergency and unique events, and is subject to conditions imposed by the Administrator. * * * * * lotter on DSK11XQN23PROD with RULES1 § 380.723 10. Amend § 380.603 by revising paragraph (a)(3) to read as follows: PART 380—SPECIAL TRAINING REQUIREMENTS 57069 PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING 16. 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. 17. Amend § 382.107 by revising the definition of ‘‘Consortium/Third party administrator (C/TPA)’’ to read as follows: ■ § 382.107 Definitions. * * * * * Consortium/Third party administrator (C/TPA) means a service agent that provides or coordinates one or more drug and/or alcohol testing services to DOT-regulated employers. C/TPAs typically provide or coordinate the provision of a number of such services and perform administrative tasks concerning the operation of the employers’ drug and alcohol testing programs. This term includes, but is not limited to, groups of employers who join together to administer, as a single entity, the DOT drug and alcohol testing programs of its members (e.g., having a combined random testing pool). C/TPAs are not ‘‘employers’’ for purposes of this part, except as provided in § 382.705(c). * * * * * § 382.305 [Amended] 18. Amend § 382.305 in paragraph (b)(2) by removing ‘‘25 percent’’ and adding in its place ‘‘50 percent’’. ■ 19. Amend § 382.703 by revising paragraph (c) to read as follows: ■ § 382.703 Driver consent to permit access to information in the Clearinghouse. * * * * * (c) No employer may permit a driver to perform a safety-sensitive function if the driver refuses to grant the consent required by paragraph (a) or (b) of this section. * * * * * § 382.717 [Amended] 20. In the table below, for each paragraph of § 382.717 indicated in the left column, remove the text indicated in the middle column from wherever it appears, and add in its place the text indicated in the right column: ■ Paragraph Remove Add (c) .................................................... Office of Enforcement and Compliance, Attention: Drug and Alcohol Program Manager. the Associate Administrator for Enforcement (MC– E). The Associate Administrator’s ................................... ATTN: Drug and Alcohol Clearinghouse Petition for Review. FMCSA, ATTN: Drug and Alcohol Clearinghouse Administrative Review. FMCSA’s. (f)(2) ................................................. (f)(4) ................................................. VerDate Sep<11>2014 16:23 Oct 13, 2021 Jkt 256001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\14OCR1.SGM 14OCR1 57070 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations PART 383—COMMERCIAL DRIVER’S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES 21. 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; and 49 CFR 1.87. § 383.71 [Amended] 22. Amend § 383.71 by: a. Redesignating paragraph (a)(3) as paragraph (a)(10); ■ b. Removing paragraph (a)(1); ■ c. Removing the heading and introductory text to paragraph (a)(2); and ■ d. Redesignating paragraphs (a)(2)(i) through (ix) as paragraphs (a)(1) through (9), respectively. ■ 23. Amend § 383.73 by: ■ a. Adding introductory text to paragraph (a); ■ b. Removing paragraph (a)(1); ■ c. Removing the heading and introductory text to paragraph (a)(2); ■ d. Redesignating paragraphs (a)(2)(i) through (vii) as paragraphs (a)(1) through (7), respectively; ■ e. Revising newly redesignated paragraphs (a)(1) and (6); ■ f. Further redesignating paragraphs (a)(7)(A) and (B) as paragraphs (a)(7)(i) and (ii), respectively; and ■ g. Revising paragraphs (o)(4)(i)(A) and (o)(5) and (6). The addition and revisions read as follows: ■ ■ § 383.73 State procedures. (a) * * * Prior to issuing a CLP to a person, a State must: (1) Require the applicant to make the certifications, pass the tests, and provide the information as described in § 383.71(a). * * * * * (5) State contacts for medical variances. FMCSA Medical Programs is designated as the keeper of the list of State contacts for receiving medical variance information from FMCSA. Beginning January 30, 2012, States are responsible for ensuring their medical variance contact information is always up-to-date with FMCSA’s Medical Programs. (6) Conflicting medical certification information. In the event of a conflict between the medical certification information provided electronically by FMCSA and a paper copy of the medical examiner’s certificate, the medical certification information provided electronically by FMCSA shall control. * * * * * PART 385—SAFETY FITNESS PROCEDURES 24. The authority citation for part 385 continues to read as follows: ■ Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113, 13901–13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec. 113(a), Pub. L. 103–311, 108 Stat. 1673, 1676; sec. 408, Pub. L. 104–88, 109 Stat. 803, 958; sec. 350, Pub. L. 107–87, 115 Stat. 833, 864; sec. 5205, Pub. L. 114–94, 129 Stat. 1312, 1537; and 49 CFR 1.87. § 385.15 [Amended] 25. Amend § 385.15(c) introductory text by removing the words ‘‘Chief Safety Officer’’ and adding in their place the words ‘‘Assistant Administrator, ATTN: Adjudications Counsel’’. ■ §§ 385.113 and 385.711 [Amended] 26. In the table below, for each section indicated in the left column, remove the text indicated in the middle column from wherever it appears, and add in its place the text indicated in the right column: ■ Section Remove Add 385.113(b) ....... the Associate Administrator for Enforcement and Program Delivery (MC–E), Federal Motor Carrier Safety Administration. The Associate Administrator’s ................................................... the Associate Administrator for Enforcement and Program Delivery, Federal Motor Carrier Safety Administration. The Associate Administrator’s ................................................... FMCSA, ATTN: § 385.113 Request for Administrative Review. 385.113(d) ....... 385.711(b) ....... 385.711(d) ....... § 385.423 lotter on DSK11XQN23PROD with RULES1 (6) Require compliance with the standards for providing proof of citizenship or lawful permanent residency specified in § 383.71(a)(5) and proof of State of domicile specified in § 383.71(a)(6). Exception: A State is required to check the proof of citizenship or legal presence specified in this paragraph only for initial issuance, renewal or upgrade of a CLP or Non-domiciled CLP and for initial issuance, renewal, upgrade or transfer of a CDL or Non-domiciled CDL for the first time after July 8, 2011, provided a notation is made on the driver’s record confirming that the proof of citizenship or legal presence check required by this paragraph has been made and noting the date it was done. * * * * * (o) * * * (4) * * * (i) * * * (A)(1) Before June 23, 2025, notify the CLP or CDL holder of his/her CLP or CDL ‘‘not-certified’’ medical certification status and that the CDL privileges will be removed from the CLP or CDL unless the driver submits a current medical examiner’s certificate and/or medical variance, or changes his/ her self-certification to driving only in excepted or intrastate commerce (if permitted by the State). (2) On or after June 23, 2025, notify the CLP or CDL holder of his/her CLP or CDL ‘‘not-certified’’ medical certification status and that the CDL privileges will be removed from the CLP or CDL unless the driver has been medically examined and certified in accordance with 49 CFR 391.43 as physically qualified to operate a commercial motor vehicle by a medical examiner, as defined in 49 CFR 390.5, or the driver changes his/her selfcertification to driving only in excepted or intrastate commerce (if permitted by the State). * * * * * [Amended] 27. Amend § 385.423 in paragraphs (b), (c)(1) introductory text, (c)(1)(i), (c)(3) and (4), (c)(5) introductory text, (c)(5)(ii), and (c)(6) and (7) by removing the words ‘‘Chief Safety Officer’’ every time they appear and adding in their ■ VerDate Sep<11>2014 16:23 Oct 13, 2021 Jkt 256001 FMCSA’s/ FMCSA, ATTN: § 385.113 Request for Administrative Review. FMCSA’s. § 385.903 place the words ‘‘Assistant Administrator’’. 28. Amend § 385.903 by revising the definition of ‘‘Agency Official’’ to read as follows: ■ PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 Definitions. * * * * * Agency Official means the FMCSA employee with delegated authority under this subpart. * * * * * E:\FR\FM\14OCR1.SGM 14OCR1 57071 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations 29. Amend § 385.1003 by revising the definition of ‘‘Agency Official’’ to read as follows: ■ § 385.1003 Definitions. The addition and revisions read as follows: § 386.2 Definitions. * * * * * * Agency Official means the FMCSA employee with delegated authority under this subpart. * * * * * PART 386—RULES OF PRACTICE FOR FMCSA PROCEEDINGS 30. The authority citation for part 386 is revised to read as follows: ■ Authority: 28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note, 31306a; 49 U.S.C. chapters 5, 51, 131–141, 145–149, 311, 313, and 315; and 49 CFR 1.81, 1.87. 31. Amend § 386.2 by: a. Adding a definition of ‘‘Agency decisionmaker’’ in alphabetical order; ■ b. Revising the definition of ‘‘Assistant Administrator’’; ■ c. Removing the definition of ‘‘Decisionmaker’’; and ■ d. Revising the definition of ‘‘Field Administrator’’. ■ ■ * * * * Agency decisionmaker means the FMCSA official authorized to issue a final decision and order of the Agency in an administrative proceeding under this part. The Agency decisionmaker is the Assistant Administrator or any person to whom this decisionmaking authority has been delegated. Assistant Administrator means the Assistant Administrator of the Federal Motor Carrier Safety Administration or an authorized delegee. The Assistant Administrator is the Agency decisionmaker who issues final decisions under this part. * * * * * Field Administrator means the head of an FMCSA Service Center who has been delegated authority to initiate compliance and enforcement actions on behalf of FMCSA or an authorized delegee. * * * * * ■ 32. Amend § 386.3 by revising paragraph (b) to read as follows: § 386.3 Separation of functions. * * * * * (b) An Agency employee, including those listed in paragraph (c) of this section, engaged in the performance of investigative or prosecutorial functions in a civil penalty proceeding or in a proceeding under § 386.11, § 386.72, or § 386.73 may not, in that case or a factually related case, discuss or communicate the facts or issues involved with the Agency decisionmaker, Administrative Law Judge, Hearing Officer, or others listed in paragraph (d) of this section, except as counsel or a witness in the public proceedings. The prohibition in this paragraph (b) also includes the staff of those covered by this section. * * * * * §§ 386.11, 386.48, 386.71, 386.72, and 386.73 [Amended] 33. In the table below, for each section indicated in the left column, remove the text indicated in the middle column from wherever it appears, and add in its place the text indicated in the right column: ■ Section Remove 386.11(a) introductory text .................................. the Director, Office of Carrier, Driver, and Vehicle Safety Standards (MC–PS). the Director, Office of Carrier, Driver, and Vehicle Safety Standards (MC–PS). the Chief Counsel ...................................................................................... the Director of the Office of Enforcement and Compliance or a Division Administrator, or his or her delegate. An FMCSA Field Administrator or the Director of FMCSA’s Office of Enforcement and Compliance (Director). the Field Administrator or Director ............................................................. FMCSA. The Field Administrator or Director ........................................................... FMCSA. Field Administrator or Director ................................................................... the Field Administrator or the Director ...................................................... FMCSA official. FMCSA. 386.48 .................................................................. 386.71 .................................................................. 386.72(b)(1) introductory text .............................. 386.73(a) introductory text .................................. 386.73(a) introductory text, (b) introductory text, (c) introductory text, (c)(1), (g)(2), and (h)(3), (5), and (6). 386.73(c) introductory text, (d), (f) introductory text, (g)(5), and (h)(4). 386.73(g)(1) and (h)(1) ........................................ 386.73(g)(7) ......................................................... § 386.83 [Amended] 34. Amend § 386.83(b)(2) introductory text by removing the words ‘‘Chief Safety Officer’’ and adding in their place the words ‘‘Assistant Administrator’’. ■ § 386.84 [Amended] 35. Amend § 386.84(b)(2) introductory text by removing the words ‘‘Chief FMCSA. FMCSA. FMCSA. FMCSA. FMCSA. Safety Officer’’ and adding in their place the words ‘‘Assistant Administrator’’. L. 104–88, 109 Stat. 803, 941; and 49 CFR 1.87. PART 387—MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS ■ 36. The authority citation for part 387 is revised to read as follows: The minimum levels of financial responsibility referred to in § 387.7 are hereby prescribed as follows: ■ ■ Add Authority: 49 U.S.C. 13101, 13301, 13906, 13908, 14701, 31138, 31139; sec. 204(a), Pub. 37. Revise § 387.9 to read as follows: § 387.9 levels. Financial responsibility, minimum lotter on DSK11XQN23PROD with RULES1 TABLE 1 TO § 387.9—SCHEDULE OF LIMITS—PUBLIC LIABILITY Type of carriage Commodity transported (1) For-hire (In interstate or foreign commerce, with a gross vehicle weight rating of 10,001 or more pounds). Property (nonhazardous) ......................................................... VerDate Sep<11>2014 16:23 Oct 13, 2021 Jkt 256001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\14OCR1.SGM January 1, 1985 14OCR1 $750,000 57072 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations TABLE 1 TO § 387.9—SCHEDULE OF LIMITS—PUBLIC LIABILITY—Continued Type of carriage Commodity transported (2) For-hire and Private (In interstate, foreign, or intrastate commerce, with a gross vehicle weight rating of 10,001 or more pounds). Hazardous substances, as defined in 49 CFR 171.8, transported in bulk in cargo tanks, portable tanks, or hoppertype vehicles with capacities in bulk; in bulk Division 1.1, 1.2 or 1.3 materials; Division 2.3, Hazard Zone A material; in bulk Division 6.1, Packing Group I, Hazard Zone A material; in bulk Division 2.1 or 2.2 material; or highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.403. Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials, or hazardous substances defined in 49 CFR 171.8 and listed in 49 CFR 172.101, but not mentioned in entry (2) or (4) of this table. In bulk Division 1.1, 1.2, or 1.3 material; in bulk Division 2.3, Hazard Zone A material; in bulk Division 6.1, Packing Group I, Hazard Zone A material; or highway route controlled quantities of a Class 7 material as defined in 49 CFR 173.403. (3) For-hire and Private in any quantity; or in with a gross vehicle pounds). (4) For-hire and Private with a gross vehicle pounds). ■ ■ ■ ■ (In interstate or foreign commerce, intrastate commerce, in bulk only; weight rating of 10,001 or more (In interstate or foreign commerce, weight rating of less than 10,001 38. Amend § 387.323 as follows: a. Lift the suspension of the section; b. Revise paragraph (c); and c. Suspend the section indefinitely. The revision reads as follows: § 387.323 Electronic filing of surety bonds, trust fund agreements, certificates of insurance and cancellations. * * * * * (c) Filings may be transmitted online via the internet at: https://lipublic.fmcsa.dot.gov. * * * * * ■ 39. Amend § 387.323T by revising paragraph (c) introductory text to read as follows: § 387.323T Electronic filing of surety bonds, trust fund agreements, certificates of insurance and cancellations. * * * * * (c) Filings may be transmitted online via the internet at: https://lipublic.fmcsa.dot.gov or via American Standard Code Information Interchange (ASCII). All ASCII transmission must be in fixed format, i.e., all records must have the same number of fields and same length. The record layouts for ASCII electronic transactions are described in the following table: * * * * * PART 390—FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL 40. The authority citation for part 390 is revised to read as follows: lotter on DSK11XQN23PROD with RULES1 ■ Authority: 49 U.S.C. 113, 504, 508, 31132, 31133, 31134, 31136, 31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103–311, 108 Stat. 1673, 1677; secs. 212 and 217, Pub. L. 106–159, 113 Stat. 1748, 1766, 1767; sec. 229, Pub. L. 106–159 (as added and transferred by sec. 4115 and amended by secs. 4130–4132, Pub. L. 109–59, 119 Stat. 1144, 1726, 1743, VerDate Sep<11>2014 16:23 Oct 13, 2021 Jkt 256001 1744), 113 Stat. 1748, 1773; sec. 4136, Pub. L. 109–59, 119 Stat. 1144, 1745; secs. 32101(d) and 32934, Pub. L. 112–141, 126 Stat. 405, 778, 830; sec. 2, Pub. L. 113–125, 128 Stat. 1388; secs. 5403, 5518, and 5524, Pub. L. 114–94, 129 Stat. 1312, 1548, 1558, 1560; sec. 2, Pub. L. 115–105, 131 Stat. 2263; and 49 CFR 1.81, 1.81a, 1.87. 41. Amend § 390.3T by revising the introductory text of paragraph (h) to read as follows: ■ § 390.3T General applicability. * * * * * (h) Intermodal equipment providers. The rules in the following provisions of this subchapter apply to intermodal equipment providers: * * * * * ■ 42. Add § 390.4 to read as follows: § 390.4 Delegations and redelegations of authority of FMCSA employees to perform assigned actions or duties. (a) General. FMCSA may apply the guidelines and procedures of this section to delegate or redelegate the authority of FMCSA employees to perform assigned actions or duties under this chapter. (b) FMCSA Administrator authority to delegate and redelegate. (1) The FMCSA Administrator is authorized to delegate and redelegate authority and authorize successive redelegations. (2) The FMCSA Administrator retains concurrent authority to exercise or redelegate any authority that he or she has delegated to an employee in regulation, directive, or memorandum. (c) Redelegations by FMCSA employees. Unless specifically prohibited by law, and in consultation with the FMCSA Office of the Chief Counsel, an FMCSA employee with delegated authority is authorized to— PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 January 1, 1985 5,000,000 1,000,000 5,000,000 (1) Redelegate that authority to another FMCSA employee, as appropriate; and (2) Maintain concurrent authority to exercise or redelegate the authority he or she has delegated to another FMCSA employee. (d) Exercise of delegated authority in special circumstances. In consultation with the FMCSA Office of the Chief Counsel, if the FMCSA employee to whom a regulation assigns the authority to perform an action or a duty is unavailable or otherwise unable to perform such action or duty (e.g., due to a conflict of interest or a vacancy in the position), a supervisor of the FMCSA employee may exercise that authority or redelegate such authority to another FMCSA employee, as appropriate. (e) Format of delegations and redelegations. Delegations and redelegations authorized under this section must be in writing and may be made by regulation, directive, or memorandum. (f) Actions or duties performed under delegated or redelegated authority. Each action or duty performed by any FMCSA employee pursuant to authority delegated or redelegated to him or her in accordance with this section, whether directly or by redelegation, shall be a valid exercise of that authority, notwithstanding any regulation that provides that such action or duty shall be performed by another FMCSA employee. 43. Amend § 390.5 as follows: a. Lift the suspension of the section; ■ b. Add the definition of ‘‘Assistant Administrator’’ in alphabetical order; ■ c. Revise the definitions of ‘‘Emergency’’ and ‘‘Exempt intracity zone’’; ■ ■ E:\FR\FM\14OCR1.SGM 14OCR1 57073 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations d. Add the definition of ‘‘Field Administrator’’ in alphabetical order; and ■ e. Suspend the section indefinitely. The additions and revisions read as follows: ■ § 390.5 Definitions. * * * * Assistant Administrator means the Assistant Administrator of the Federal Motor Carrier Safety Administration or an authorized delegee. * * * * * Emergency means any hurricane, tornado, storm (e.g. thunderstorm, snowstorm, icestorm, blizzard, sandstorm, etc.), high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, mud slide, drought, forest fire, explosion, blackout, or other occurrence, natural or man-made, which interrupts the delivery of essential services (such as, electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as, food and fuel) or otherwise immediately threatens human life or public welfare, provided such hurricane, tornado, or other event results in: (1) A declaration of an emergency by the President of the United States, the Governor of a State, or their authorized representatives having authority to declare emergencies; by FMCSA; or by other Federal, State, or local government officials having authority to declare emergencies; or (2) A request by a police officer for tow trucks to move wrecked or disabled motor vehicles. * * * * * Exempt intracity zone means the geographic area of a municipality or the commercial zone of that municipality described in appendix A to part 372 of this chapter. The term ‘‘exempt intracity zone’’ does not include any municipality or commercial zone in the State of Hawaii. For purposes of § 391.62 of this chapter, a driver may be considered to operate a commercial motor vehicle wholly within an exempt intracity zone notwithstanding any common control, management, or arrangement for a continuous carriage or lotter on DSK11XQN23PROD with RULES1 * shipment to or from a point without such zone. * * * * * Field Administrator means the head of an FMCSA Service Center who has been delegated authority to initiate compliance and enforcement actions on behalf of FMCSA or an authorized delegee. * * * * * ■ 44. Amend § 390.5T by: ■ a. Adding the definition of ‘‘Assistant Administrator’’ in alphabetical order; ■ b. Revising the definitions of ‘‘Emergency’’ and ‘‘Exempt intracity zone’’; and ■ c. Adding the definition of ‘‘Field Administrator’’ in alphabetical order. The additions and revisions read as follows: § 390.5T Definitions. * * * * * Assistant Administrator means the Assistant Administrator of the Federal Motor Carrier Safety Administration or an authorized delegee. * * * * * Emergency means any hurricane, tornado, storm (e.g. thunderstorm, snowstorm, icestorm, blizzard, sandstorm, etc.), high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, mud slide, drought, forest fire, explosion, blackout, or other occurrence, natural or man-made, which interrupts the delivery of essential services (such as, electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies (such as, food and fuel) or otherwise immediately threatens human life or public welfare, provided such hurricane, tornado, or other event results in: (1) A declaration of an emergency by the President of the United States, the Governor of a State, or their authorized representatives having authority to declare emergencies; by FMCSA; or by other Federal, State, or local government officials having authority to declare emergencies; or (2) A request by a police officer for tow trucks to move wrecked or disabled motor vehicles. * * * * * Exempt intracity zone means the geographic area of a municipality or the commercial zone of that municipality described in appendix A to part 372 of this chapter. The term ‘‘exempt intracity zone’’ does not include any municipality or commercial zone in the State of Hawaii. For purposes of § 391.62 of this chapter, a driver may be considered to operate a commercial motor vehicle wholly within an exempt intracity zone notwithstanding any common control, management, or arrangement for a continuous carriage or shipment to or from a point without such zone. * * * * * Field Administrator means the head of an FMCSA Service Center who has been delegated authority to initiate compliance and enforcement actions on behalf of FMCSA or an authorized delegee. * * * * * 45. Add § 390.8 to subpart A to read as follows: ■ § 390.8 Separation of functions. (a) An Agency employee who has taken an active part in investigating, prosecuting, advocating, or making an initial Agency determination in a proceeding under § 380.723, § 382.717, § 390.115, § 390.135, or § 391.47 of this chapter or section 5.4 to appendix A to subpart B of part 395 of this chapter may not, in that case or a factuallyrelated case, advise or assist the Agency official authorized to issue a final decision in the applicable proceeding. (b) Nothing in this section shall preclude the Agency official authorized to issue a final decision or anyone advising that Agency official from taking part in a determination to launch an investigation or issue a complaint, or similar preliminary decision. §§ 390.23 and 390.25 [Amended] 46. In the table below, for each section indicated in the left column, remove the text indicated in the middle column from wherever it appears, and add in its place the text indicated in the right column: ■ Section Remove 390.23(a)(1)(i)(B) and (a)(2)(i)(B) .................................................. 390.23(a)(1)(ii)(A) and (a)(2)(ii) ..................................................... 390.25 ............................................................................................ 390.25 ............................................................................................ The FMCSA Field Administrator ................................................... the FMCSA Field Administrator .................................................... the FMCSA Field Administrator .................................................... The FMCSA Field Administrator ................................................... VerDate Sep<11>2014 16:23 Oct 13, 2021 Jkt 256001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\14OCR1.SGM Add 14OCR1 FMCSA FMCSA FMCSA FMCSA 57074 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations §§ 390.115 and 390.135 [Amended] 47. In the table below, for each section indicated in the left column, remove the ■ text indicated in the middle column from wherever it appears, and add in its Section Remove Add 390.115(a) ....................................... the FMCSA Director, Office of Carrier, Driver and Vehicle Safety Standards. the Director, Office of Carrier, Driver and Vehicle Safety Standards. FMCSA, ATTN: Removal from National Registry of Certified Medical Examiners. FMCSA. The Director, Office of Carrier, Driver Safety Standards. the Director, Office of Carrier, Driver Safety Standards finds FMCSA. the Director, Office of Carrier, Driver Safety Standards will. the Director, Office of Carrier, Driver Safety Standards modifies. the Director, Office of Carrier, Driver Safety Standards affirms. the FMCSA Associate Administrator for and Vehicle FMCSA. and Vehicle FMCSA finds it. and Vehicle FMCSA will. and Vehicle FMCSA modifies. and Vehicle FMCSA affirms. Policy ......... The Associate Administrator ..................................... FMCSA, ATTN: National Registry of Certified Medical Examiners—Request for Administrative Review. FMCSA. the Associate Administrator ....................................... FMCSA. the FMCSA Director, Office of Carrier, Driver and Vehicle Safety Standards. the Director, Office of Carrier, Driver and Vehicle Safety Standards. FMCSA, ATTN: Removal from National Registry of Certified Medical Examiners. FMCSA. The Director, Office of Carrier, Driver Safety Standards. the Director, Office of Carrier, Driver Safety Standards finds FMCSA. the Director, Office of Carrier, Driver Safety Standards will. the Director, Office of Carrier, Driver Safety Standards modifies. the Director, Office of Carrier, Driver Safety Standards affirms. the FMCSA Associate Administrator for and Vehicle FMCSA. and Vehicle FMCSA finds it. and Vehicle FMCSA will. and Vehicle FMCSA modifies. and Vehicle FMCSA affirms. Policy ......... The Associate Administrator ..................................... FMCSA, ATTN: National Registry of Certified Medical Examiners—Request for Administrative Review. FMCSA. the Associate Administrator ....................................... FMCSA. 390.115(a), (c) introductory text, (c)(2)(i), (c)(3), (d)(2)(v), (e), (f) introductory text, and (f)(5). 390.115(c)(1) introductory text and (c)(2)(i) and (ii). 390.115(c)(1)(i) and (ii) ................... 390.115(c)(1)(i) and (ii) ................... 390.115(c)(1)(i) ................................ 390.115(c)(1)(ii) ............................... 390.115(d) introductory text ............ 390.115(d)(1) and (d)(2) introductory text. 390.115(d)(1) and (d)(2) introductory text. 390.135(a) ....................................... 390.135(a), (c) introductory text, (c)(2)(i), (c)(3), (d)(2)(v), (e), (f) introductory text, and (f)(5). 390.135(c)(1) introductory text and (c)(2)(i) and (ii). 390.135(c)(1)(i) and (ii) ................... 390.135(c)(1)(i) and (ii) ................... 390.135(c)(1)(i) ................................ 390.135(c)(1)(ii) ............................... 390.135(d) introductory text ............ 390.135(d)(1) and (d)(2) introductory text. 390.135(d)(1) and (d)(2) introductory text. PART 391—QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) DRIVER INSTRUCTORS 48. The authority citation for part 391 continues to read as follows: ■ Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 31502; sec. 4007(b), Pub. L. 102–240, 105 Stat. 1914, 2152; sec. 114, Pub. L. 103–311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106–159, 113 Stat. 1748, 1767; sec. 32934, Pub. L. 112–141, 126 Stat. 405, 830; secs. 5403 and 5524, Pub. L. 114–94, 129 Stat. 1312, 1548, 1560; sec. 2, Pub. L. 115– 105, 131 Stat. 2263; and 49 CFR 1.87. §§ 391.43 and 391.47 [Amended] 49. In the table below, for each section indicated in the left column, remove the text indicated in the middle column from wherever it appears, and add in its place the text indicated in the right column: ■ Section Remove 391.43(g)(5)(i)(A) and (B) .............................................................. the Director, Office of Carrier, Driver and Vehicle Safety Standards. The Director, Office of Carrier, Driver and Vehicle Safety Standards. the Director .................................................................................... the Director, Office of Carrier, Driver and Vehicle Safety Standards. the Director’s ................................................................................. 391.47(c) ........................................................................................ lotter on DSK11XQN23PROD with RULES1 place the text indicated in the right column: 391.47(c) ........................................................................................ 391.47(d)(1) and (2) and (f) ........................................................... 391.47(e) ........................................................................................ VerDate Sep<11>2014 16:23 Oct 13, 2021 Jkt 256001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\14OCR1.SGM Add 14OCR1 FMCSA. FMCSA. FMCSA. FMCSA. FMCSA’s. Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations 50. Amend § 391.49 by: a. Revising paragraph (a); b. Removing the heading from paragraph (b); ■ c. Revising paragraphs (b)(2), (c)(1)(i), (c)(2)(i), (c)(4)(i), (c)(5)(ii), (d)(1) and (2), (d)(3) introductory text, and (d)(5)(i); ■ d. Removing the heading from paragraph (e); ■ e. Revising paragraphs (e)(1), (g), (h), (i) introductory text, (i)(7), (j), and (k). The revisions read as follows: ■ ■ ■ lotter on DSK11XQN23PROD with RULES1 § 391.49 Alternative physical qualification standards for the loss or impairment of limbs. (a) A person who is not physically qualified to drive under § 391.41(b)(1) or (2) and who is otherwise qualified to drive a commercial motor vehicle, may drive a commercial motor vehicle if FMCSA has granted a Skill Performance Evaluation (SPE) Certificate to that person. (b) * * * (2) Application address. The application must be addressed to the SPE Certificate Program at the applicable FMCSA service center for the State in which the co-applicant motor carrier’s principal place of business is located. The address of each, and the States serviced, are listed in § 390.27 of this chapter. * * * * * (c) * * * (1) * * * (i) Name and complete address of the motor carrier co-applicant; * * * * * (2) * * * (i) State(s) in which the driver will operate for the motor carrier coapplicant (if more than 10 States, designate general geographic area only); * * * * * (4) * * * (i) The co-applicant motor carrier must certify that the driver applicant is otherwise qualified under the regulations of this part; * * * * * (5) * * * (ii) Motor carrier official’s signature (if application has a co-applicant), title, and date signed. Depending upon the motor carrier’s organizational structure (corporation, partnership, or proprietorship), the signer of the application shall be an officer, partner, or the proprietor. (d) * * * (1) A copy of the Medical Examination Report Form, MCSA–5875, documenting the results of the medical examination performed pursuant to § 391.43; (2) A copy of the Medical Examiner’s Certificate, Form MCSA–5876, completed pursuant to § 391.43(h); VerDate Sep<11>2014 16:23 Oct 13, 2021 Jkt 256001 (3) A medical evaluation summary completed by either a board qualified or board certified physiatrist (doctor of physical medicine) or orthopedic surgeon. The co-applicant motor carrier or the driver applicant shall provide the physiatrist or orthopedic surgeon with a description of the job-related tasks the driver applicant will be required to perform; * * * * * (5) * * * (i) A copy of the driver applicant’s road test administered by the motor carrier co-applicant and the certificate issued pursuant to § 391.31(b) through (g); or * * * * * (e) * * * (1) File promptly (within 30 days of the involved incident) with the SPE Certificate Program, FMCSA service center, such documents and information as may be required about driving activities, accidents, arrests, license suspensions, revocations, or withdrawals, and convictions which involve the driver applicant. This paragraph (e)(1) applies whether the driver SPE certificate is a unilateral one or has a co-applicant motor carrier; (i) A motor carrier who is a coapplicant must file the required documents with the SPE Certificate Program, FMCSA service center, for the State in which the carrier’s principal place of business is located; or (ii) A motor carrier who employs a driver who has been issued a unilateral SPE certificate must file the required documents with the SPE Certificate Program, FMCSA service center, for the State in which the driver has legal residence. * * * * * (g) FMCSA may require the driver applicant to demonstrate his or her ability to safely operate the commercial motor vehicle(s) the driver intends to drive to an agent of FMCSA. The SPE certificate form will identify the power unit (bus, truck, truck tractor) for which the SPE certificate has been granted. The SPE certificate forms will also identify the trailer type used in the Skill Performance Evaluation; however, the SPE certificate is not limited to that specific trailer type. A driver may use the SPE certificate with other trailer types if a successful trailer road test is completed in accordance with paragraph (e)(2) of this section. Job tasks, as stated in paragraph (e)(3) of this section, are not evaluated during the Skill Performance Evaluation. (h) FMCSA may deny the application for SPE certificate or may grant it totally or in part and issue the SPE certificate PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 57075 subject to such terms, conditions, and limitations as deemed consistent with the public interest. The SPE certificate is valid for a period not to exceed 2 years from date of issue, and may be renewed 30 days prior to the expiration date. (i) The SPE certificate renewal application shall be submitted to the SPE Certificate Program, FMCSA service center, for the State in which the driver has legal residence, if the SPE certificate was issued unilaterally. If the SPE certificate has a co-applicant, then the renewal application is submitted to the SPE Certificate Program, FMCSA service center, for the State in which the coapplicant motor carrier’s principal place of business is located. The SPE certificate renewal application shall contain the following: * * * * * (7) A current Medical Examination Report Form, MCSA–5875; * * * * * (j)(1) Upon granting an SPE certificate, FMCSA will notify the driver applicant and co-applicant motor carrier (if applicable) by letter. The terms, conditions, and limitations of the SPE certificate will be set forth. A motor carrier shall maintain a copy of the SPE certificate in its driver qualification file. A copy of the SPE certificate shall be retained in the motor carrier’s file for a period of 3 years after the driver’s employment is terminated. The driver applicant shall have the SPE certificate (or a legible copy) in his/her possession whenever on duty. (2) Upon successful completion of the skill performance evaluation, FMCSA must notify the driver by letter and enclose an SPE certificate substantially in the following form: Skill Performance Evaluation Certificate Name of Issuing Agency: lllllllll Agency Address: llllllllllll Telephone Number: ( ) llllllll Issued Under 49 CFR 391.49, subchapter B of the Federal Motor Carrier Safety Regulations Driver’s Name: lllllllllllll Effective Date: llllllllllllll SSN: llllllllllllllllll DOB: llllllllllllllllll Expiration Date: lllllllllllll Address: llllllllllllllll Driver Disability: llllllllllll Check One: lllNew lllRenewal Driver’s License: lllllllllllll (State) (Number) In accordance with 49 CFR 391.49, subchapter B of the Federal Motor Carrier Safety Regulations (FMCSRs), the driver application for a skill performance evaluation (SPE) certificate is hereby granted authorizing the above-named driver to operate in interstate or foreign commerce under the provisions set forth below. This E:\FR\FM\14OCR1.SGM 14OCR1 57076 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations certificate is granted for the period shown above, not to exceed 2 years, subject to periodic review as may be found necessary. This certificate may be renewed upon submission of a renewal application. Continuation of this certificate is dependent upon strict adherence by the above-named driver to the provisions set forth below and compliance with the FMCSRs. Any failure to comply with provisions herein may be cause for cancellation. CONDITIONS: As a condition of this certificate, reports of all accidents, arrests, suspensions, revocations, withdrawals of driver licenses or permits, and convictions involving the above-named driver shall be reported in writing to the Issuing Agency by the EMPLOYING MOTOR CARRIER within 30 days after occurrence. LIMITATIONS: 1. Vehicle Type (power unit):* llllll 2. Vehicle modification(s): llllllll 3. Prosthetic or Orthotic device(s) (Required to be Worn While Driving): llllllll 4. Additional Provision(s): llllllll NOTICE: To all MOTOR CARRIERS employing a driver with an SPE certificate. This certificate is granted for the operation of the power unit only. It is the responsibility of the employing motor carrier to evaluate the driver with a road test using the trailer type(s) the motor carrier intends the driver to transport, or in lieu of, accept the trailer road test done during the SPE if it is a similar trailer type(s) to that of the prospective motor carrier. Also, it is the responsibility of the employing motor carrier to evaluate the driver for those non-driving safety-related job tasks associated with the type of trailer(s) utilized, as well as, any other non-driving safety-related or job-related tasks unique to the operations of the employing motor carrier. The SPE of the above-named driver was given by an SPE Evaluator. It was successfully completed utilizing the abovenamed power unit and llll (trailer, if applicable) The tractor or truck had a llll transmission. Please read the NOTICE paragraph above. Name: lllllllllllllllll Signature: llllllllllllllll Title: llllllllllllllllll Date: llllllllllllllllll (k) FMCSA may revoke an SPE certificate after the person to whom it was issued is given notice of the proposed revocation and has been allowed a reasonable opportunity to appeal. * * * * * ■ 51. Amend § 391.51 by revising paragraph (b)(8) to read as follows: ■ 52. Revise § 391.61 to read as follows: § 391.61 Drivers who were regularly employed before January 1, 1971. The provisions of §§ 391.21 (relating to applications for employment), 391.23 (relating to investigations and inquiries), and 391.31 (relating to road tests) do not apply to a driver who has been a singleemployer driver (as defined in § 390.5 of this subchapter) of a motor carrier for a continuous period which began before January 1, 1971, as long as he/she continues to be a single-employer driver of that motor carrier. PART 393—PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION 53. The authority citation for part 393 is revised to read as follows: ■ § 391.51 General requirements for driver qualification files. Authority: 49 U.S.C. 31136, 31151, 31502; sec. 1041(b), Pub. L. 102–240, 105 Stat. 1914, 1993; secs. 5301 and 5524, Pub. L. 114–94, 129 Stat. 1312, 1543, 1560; and 49 CFR 1.87. * ■ * * * * (b) * * * (8) A Skill Performance Evaluation Certificate issued by FMCSA in accordance with § 391.49; or the Medical Exemption document issued by a Federal medical program in accordance with part 381 of this chapter; and * * * * * 54. Amend § 393.47(e)(1) in the table titled ‘‘Clamp-Type Brake Chambers’’ by revising the entry for type 36 chambers to read as follows: § 393.47 Brake actuators, slack adjusters, linings/pads and drums/rotors. * * * (e) * * * (1) * * * * * CLAMP-TYPE BRAKE CHAMBERS Type * * 36 ................................................................... * * § 393.71 * * [Amended] PART 395—HOURS OF SERVICE OF DRIVERS 56. The authority citation for part 395 is revised to read as follows: ■ lotter on DSK11XQN23PROD with RULES1 * * 21⁄2 in. (63.5 mm) 9 in. (229 mm) 57. Amend § 395.13 by revising the section heading and paragraphs (a), (c)(1)(i) and (ii), and (d)(1) through (3) to read as follows: ■ 55. Amend § 393.71 by removing the word ‘‘insure’’ adding in its place the word ‘‘ensure’’ in paragraphs (h)(1) introductory text, (j)(5)(i), (k)(2), and (k)(3)(i). Authority: 49 U.S.C. 504, 21104(e), 31133, 31136, 31137, 31502; sec. 113, Pub. L. 103– 311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106–159 (as added and transferred by sec. 4115 and amended by secs. 4130–4132, Pub. L. 109–59, 119 Stat. 1144, 1726, 1743, 1744), 113 Stat. 1748, 1773; sec. 4133, Pub. L. 109– 59, 119 Stat. 1144, 1744; sec. 32934, Pub. L. 112–141, 126 Stat. 405, 830; sec. 5206(b), 16:23 Oct 13, 2021 * Pub. L. 114–94, 129 Stat. 1312, 1537; and 49 CFR 1.87. * ■ VerDate Sep<11>2014 Brake readjustment limit: standard stroke chamber Outside diameter Jkt 256001 § 395.13 Drivers ordered out of service. (a) Authority to order drivers out of service. Every special agent of the Federal Motor Carrier Safety Administration (as defined in appendix B to this subchapter) is authorized to order a driver out of service and to notify the motor carrier of that order, upon finding at the time and place of examination that the driver has violated the out-of- service criteria as set forth in paragraph (b) of this section. * * * * * (c) * * * (1) * * * PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 Brake readjustment limit: long stroke chamber * * (i) Require or permit a driver who has been ordered out of service to operate a commercial motor vehicle until that driver may lawfully do so under the rules in this part. (ii) Require a driver who has been ordered out of service for failure to prepare a record of duty status to operate a commercial motor vehicle until that driver has been off duty for the appropriate number of consecutive hours required by this part and is in compliance with this section. The appropriate consecutive hours off duty may include sleeper berth time. * * * * * (d) * * * (1) No driver who has been ordered out of service shall operate a commercial motor vehicle until that driver may lawfully do so under the rules of this part. E:\FR\FM\14OCR1.SGM 14OCR1 57077 Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations (3) A driver to whom a form has been tendered ordering the driver out of service shall within 24 hours thereafter deliver or mail the copy to a person or place designated by the motor carrier to receive it. * * * * * (2) No driver who has been ordered out of service, for failing to prepare a record of duty status, shall operate a commercial motor vehicle until the driver has been off duty for the appropriate number of consecutive hours required by this part and is in compliance with this section. 58. Amend appendix A to subpart B of part 395 as follows: ■ a. In the table below, for each section indicated in the left column, remove the text indicated in the middle column from wherever it appears, and add in its place the text indicated in the right column: ■ Section Remove Add 5.4.3 introductory text ..................... 5.4.4(b) ............................................ 5.4.4(c) ............................................ 5.4.4(d) ............................................ 5.4.4(d) ............................................ 5.4.5(b) ............................................ the Director, Office of Carrier Driver, and Vehicle Safety Standards ... the Director, Office of Carrier, Driver, and Vehicle Safety Standards .. the Director ............................................................................................ The Director, Office of Carrier, Driver, and Vehicle Safety Standards the Director ............................................................................................ the FMCSA Associate Administrator for Policy ..................................... 5.4.5(c) and (d) ............................... 5.4.5(c) ............................................ The Associate Administrator .................................................................. the Associate Administrator ................................................................... FMCSA. FMCSA. FMCSA. FMCSA. FMCSA. FMCSA, ATTN: ELD Removal— Request for Administrative Review. FMCSA. FMCSA. b. In section 7.19, revise the entry for ‘‘Data Range’’. The revision reads as follows: 99999.9; for <{Elapsed} Engine hours>, range is between 0.0 and 99999.9. * * * * * Appendix A to Subpart B of Part 395— Functional Specifications for All Electronic Logging Devices (ELDs) PART 396—INSPECTION, REPAIR, AND MAINTENANCE * ■ ■ §§ 396.17, 396.19, and 396.21 Authority: 49 U.S.C. 504, 31133, 31136, 31151, 31502; sec. 32934, Pub. L. 112–141, Section 60. In the table below, for each section indicated in the left column, remove the text indicated in the middle column from wherever it appears, and in its place add the text indicated in the right column: Remove 396.17(a), (c) introductory text, and (f) ............................... 396.17(g) ............................................................................. 396.19(a)(1) ........................................................................ 396.21(a)(5) ........................................................................ 61. Amend newly redesignated appendix A to part 396 in section 1 in the table titled ‘‘Clamp-Type Brake ■ appendix appendix appendix appendix G G G G of to of to this this this this subchapter subchapter subchapter subchapter [Amended] ■ 59. The authority citation for part 396 continues to read as follows: * * * * 7.19. * * * Data Range: For <{Total} Engine hours>, range is between 0.0 and 126 Stat. 405, 830; sec. 5524, Public Law 114–94, 129 Stat. 1312, 1560; and 49 CFR 1.87. Add .......................................... .......................................... .......................................... .......................................... Chambers’’ by revising the entry for type 36 chambers to read as follows: appendix appendix appendix appendix A A A A to to to to this this this this part. part. part. part. Appendix A to Part 396—Minimum Periodic Inspection Standards * * * 1. * * * * * CLAMP-TYPE BRAKE CHAMBERS Outside diameter * 36 ...................... * * 9 in. (229 mm) ........................................ * * * * § 398.4 * * 21⁄2 in. (63.5 mm). [Amended] 63. Amend § 398.4 by removing the word ‘‘insure’’ and adding in its place the word ‘‘ensure’’ in paragraph (a). 62. The authority citation for part 398 is revised to read as follows: ■ Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502, 31504; sec. 204, Pub. L. 104–88, 109 Stat. 803, 941; sec. 212, Pub. L. 106–159, 113 Stat. 1748, 1766; and 49 CFR 1.87. VerDate Sep<11>2014 16:23 Oct 13, 2021 Jkt 256001 § 398.7 Brake readjustment limit: long stroke chamber * ■ PART 398—TRANSPORTATION OF MIGRANT WORKERS lotter on DSK11XQN23PROD with RULES1 Brake readjustment limit: standard stroke chamber Type * Issued under authority delegated in 49 CFR 1.87. John Van Steenburg, Executive Director. [FR Doc. 2021–21228 Filed 10–13–21; 8:45 am] BILLING CODE 4910–EX–P [Amended] 64. Amend § 398.7 by removing the word ‘‘insure’’ and adding in its place the word ‘‘ensure.’’ ■ PO 00000 Frm 00067 Fmt 4700 Sfmt 9990 * E:\FR\FM\14OCR1.SGM 14OCR1

Agencies

[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Rules and Regulations]
[Pages 57060-57077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21228]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Chapter III

[Docket No. FMCSA-2021-0132]
RIN 2126-AC41


General Technical, Organizational, Conforming, and Correcting 
Amendments to the Federal Motor Carrier Safety Regulations

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

ACTION: Final rule.

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SUMMARY: FMCSA amends its regulations by making technical corrections 
throughout the Federal Motor Carrier Safety Regulations (FMCSRs). The 
Agency makes minor changes to correct inadvertent errors and omissions, 
remove or update obsolete references, and improve the clarity and 
consistency of certain regulatory provisions. The Agency also makes 
nondiscretionary, ministerial changes that merely align regulatory 
requirements with the underlying statutory authority. Finally, FMCSA 
adds two new provisions for transparency relating to agency management 
and to FMCSA's rules of organization, procedures, or practice, and 
makes corresponding changes to definitions, addresses, and employee 
titles throughout the FMCSRs.

DATES: This final rule is effective October 14, 2021.

FOR FURTHER INFORMATION CONTACT: Mr. Nicholas Warren, Regulatory 
Development Division, Office of Policy, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; 
(202) 366-6124; [email protected].

SUPPLEMENTARY INFORMATION:

I. 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. 89-670, 80 Stat. 
931, 937, Oct. 15, 1966). Section 6 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 (80 Stat. 939). 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 (and subsequently enacted) authority 
became known as the FMCSRs, codified at 49 CFR parts 350-399. The 
administrative powers to enforce chapter 315 (codified in 49 U.S.C. 
chapter 5) were also transferred from the ICC to the DOT in 1966, and 
assigned first to the Federal Highway Administration (FHWA) and then to 
FMCSA. The FMCSA Administrator, whose powers and duties are set forth 
in 49 U.S.C. 113, has been delegated authority, under 49 CFR 1.81, to 
exercise the authority of the Secretary over and with respect to any 
personnel within their respective organizations and, under 49 CFR 1.87, 
to carry out the motor carrier functions vested in the Secretary of 
Transportation. In addition, under 49 CFR 1.81a, except as otherwise 
specifically provided in 49 CFR part 1, the Administrator may 
redelegate and authorize successive redelegations of authority within 
FMCSA under the Administrator's jurisdiction.
    Between 1984 and 1999, several statutes added to FHWA's authority. 
Various statutes authorize the enforcement of the FMCSRs, the Hazardous 
Materials Regulations, 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, Title II, 98 Stat. 2832, Oct. 30, 1984), codified at 49 U.S.C. 
chapter 311, subchapter III; the Commercial Motor Vehicle Safety Act of 
1986 (Pub. L. 99-570, Title XII, 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; the 
Omnibus Transportation Employee Testing Act of 1991 (Pub. L. 102-143, 
Title V, 105 Stat. 917, 952, Oct. 28, 1991), codified at 49 U.S.C. 
31306; the ICC Termination Act of 1995 (Pub. L. 104-88, 109 Stat. 803, 
Dec. 29, 1995), codified at 49 U.S.C. chapters 131-149; and the 
Transportation Equity Act for the 21st Century (Pub. L. 105-178, 112 
Stat. 107, June 9, 1998).
    The Motor Carrier Safety Improvement Act of 1999 (Pub. L. 106-159, 
113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new operating

[[Page 57061]]

administration within DOT, effective January 1, 2000. The motor carrier 
safety responsibilities previously assigned to both the 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 Act of 2001 (Pub. L. 107-
56, 115 Stat. 272, Oct. 26, 2001); the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) 
(Pub. L. 109-59, 119 Stat. 1144, Aug. 10, 2005); the SAFETEA-LU 
Technical Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572, 
June 6, 2008); the Moving Ahead for Progress in the 21st Century Act 
(MAP-21) (Pub. L. 112-141, 126 Stat. 405, July 6, 2012); and the Fixing 
America's Surface Transportation Act (Pub. L. 114-94, 129 Stat. 1312, 
Dec. 4, 2015).
    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 
Code of Federal Regulations (CFR).
    The Administrative Procedure Act (APA) specifically provides 
exceptions to its notice and comment rulemaking procedures when an 
agency finds there is good cause to dispense with them, and 
incorporates the finding, and a brief statement of reasons therefore, 
in the rules issued (5 U.S.C. 553(b)(3)(B)). Good cause exists when an 
agency determines that notice and public comment procedures are 
impractical, unnecessary, or contrary to the public interest. The 
amendments made in this final rule primarily correct inadvertent errors 
and omissions, remove or update obsolete references, and make minor 
language changes to improve clarity and consistency. Some changes 
relate to previous changes that were statutorily mandated or align 
regulatory requirements with the underlying statutory authority. In 
accommodating those changes, the Agency is performing nondiscretionary, 
ministerial acts. The technical amendments do not impose any material 
new requirements or increase compliance obligations. For these reasons, 
FMCSA finds good cause that notice and public comment on this final 
rule are unnecessary.
    Moreover, the amendment adding a separation of functions provision 
in new Sec.  390.8 and almost all of this rule's amendments to 
definitions, addresses, and employee titles throughout the FMCSRs 
concern an additional exception to the APA's notice and comment 
rulemaking procedures for ``rules of agency organization, procedure, or 
practice'' (5 U.S.C. 553(b)(3)(A)). These amendments are, therefore, 
excepted from the notice and public comment requirements. Further, the 
APA does not apply to matters ``relating to agency management or 
personnel'' (5 U.S.C. 553(a)(2)); therefore, the notice and comment 
rulemaking procedures do not apply to the delegations provision in new 
Sec.  390.4.
    The APA also allows agencies to make rules effective immediately 
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 
immediately.
    The Agency is aware of the regulatory requirements 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 a major rule, they are not applicable.
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    \1\ A ``major rule'' means any rule that the Administrator of 
the Office of Information and Regulatory Affairs of the Office of 
Management and Budget finds has resulted in or is likely to result 
in (a) an annual effect on the economy of $100 million or more; (b) 
a major increase in costs or prices for consumers, individual 
industries, Federal agencies, State agencies, local government 
agencies, or geographic regions; or (c) significant adverse effects 
on competition, employment, investment, productivity, innovation, or 
on the ability of United States-based enterprises to compete with 
foreign-based enterprises in domestic and export markets (5 U.S.C. 
804(2)).
---------------------------------------------------------------------------

II. Section-by-Section Analysis

    This section-by-section analysis describes the changes to the 
regulatory text in numerical order.

A. Part 365--Rules Governing Applications for Operating Authority

Sections 365.101 (Suspended) and 365.101T Applications Governed by 
These Rules \2\
---------------------------------------------------------------------------

    \2\ On January 17, 2017, FMCSA suspended certain regulations 
relating to the electronic Unified Registration System and delayed 
their effective date indefinitely (82 FR 5292). The suspended 
regulations were replaced by temporary provisions that contain the 
requirements in place on January 13, 2017. Section 365.101 was one 
of the sections suspended and Sec.  365.101T, which is currently in 
effect, was one of the replacement sections added (82 FR 5299).
---------------------------------------------------------------------------

    FMCSA revises paragraph (h) of Sec. Sec.  365.101 (Suspended) and 
365.101T to reflect the termination of the North American Free Trade 
Agreement and the adoption of the United States-Mexico-Canada Agreement 
(USMCA), which came into effect July 1, 2020. This amended provision is 
consistent with USMCA Annex I--United States (p. 9) and existing Sec.  
365.501(b), which reference the prohibition against a Mexico-domiciled 
motor carrier from providing point-to-point transportation services, 
including express delivery services, within the United States for goods 
other than international cargo.

B. Part 368--Application for a Certificate of Registration To Operate 
in Municipalities in the United States on the United States-Mexico 
International Border or Within the Commercial Zones of Such 
Municipalities

Sections 368.8 (Suspended) and 368.8T Appeals \3\
---------------------------------------------------------------------------

    \3\ See Note 2. Section 368.8 was another one of the sections 
suspended by the January 17, 2017 final rule, and Sec.  368.8T, 
which is currently in effect, was another one of the replacement 
sections added (82 FR 5304).
---------------------------------------------------------------------------

    Recent vacancies and organizational changes that affected the 
titles of FMCSA employees and office names underscored the need for 
FMCSA to add flexibility to redelegate functions internally according 
to organizational needs. FMCSA simplifies many sections across various 
parts of the CFR to remove or otherwise update references to specific 
titles or offices and replace them with ``FMCSA'' and, where necessary 
to ensure adequate mail routing, an ``ATTN'' line showing the subject 
matter of the petition or request. In Sec. Sec.  368.8 (Suspended) and 
368.8T, FMCSA removes the references to ``the Director'' and replaces 
them with ``FMCSA'' and replaces ``the Director, Office of Data 
Analysis and Information Systems'' with an address and ATTN: line 
(``FMCSA, ATTN: Sec.  368.8 Appeal, 1200 New Jersey Avenue SE, 
Washington, DC 20590,''). These changes relate to agency management and 
do not affect the procedural rights of persons outside FMCSA; 
therefore, they are excepted from notice and comment by 5 U.S.C. 
553(a)(2).

C. Part 380--Special Training Requirements

Section 380.603 Applicability
    FMCSA replaces ``veterans'' with ``military personnel'' in 
paragraph (a)(3). This conforming change ensures consistency with Sec.  
383.77, which is referenced in paragraph (a)(3). The term ``military 
personnel'' is used in Sec.  383.77, and the word ``veterans'' does not 
appear in that section. This change ensures that paragraph (a)(3) uses 
the correct term when referencing the requirements under Sec.  383.77.

[[Page 57062]]

Section 380.723 Removal From Training Provider Registry: Procedure
    As discussed in section II.C., above, FMCSA simplifies many 
sections across various parts of the CFR to remove or otherwise update 
references to specific titles or offices to provide greater flexibility 
in delegations. In paragraph (a) of this section, FMCSA replaces 
``FMCSA's Director, Office of Carrier, Driver, and Vehicle Safety 
Standards (Director)'' with ``FMCSA, ATTN: Training Provider Registry 
Removal, 1200 New Jersey Avenue SE, Washington, DC 20590.'' Throughout 
paragraphs (c) and (f), FMCSA replaces ``the Director'' and ``The 
Director'' with ``FMCSA.'' In the introductory text of paragraph (d), 
FMCSA replaces ``the FMCSA Associate Administrator for Policy 
(Associate Administrator)'' with an address and ATTN: line (``FMCSA, 
ATTN: Sec.  380.723 Training Provider Registry Removal Proceedings, 
1200 New Jersey Avenue SE, Washington, DC 20590,'') and throughout the 
rest of paragraph (d) replaces the shorthand references to ``The 
Associate Administrator'' and ``the Associate Administrator'' with 
``FMCSA.''
Section 380.725 Documentation and Record Retention
    FMCSA removes paragraph (b)(4), which currently requires all 
training providers on the Training Provider Registry (TPR) to retain 
the Training Provider Registration Form submitted to the TPR (see 81 FR 
88732, Dec. 8, 2016). This revision reflects that FMCSA recognizes 
there is a duplicative record keeping requirement because the TPR will 
retain the same information provided on the Training Provider 
Registration Form, both as submitted under Sec.  380.703 and as updated 
under Sec.  380.719. This amendment simply eliminates that duplicative 
record keeping requirement.
Appendix B to Part 380--Class B--CDL Training Curriculum
    In Unit B1.1.6 Backing and Docking, FMCSA removes the word 
``combination,'' which was inadvertently included. The subject of 
appendix B is Class B training and Class B vehicles are not combination 
vehicles.

D. Part 381--Waivers, Exemptions, and Pilot Programs

Section 381.200 What is a waiver?
    FMCSA amends paragraph (c) to more closely align its language with 
the statutory language in 49 U.S.C. 31315(a)(3), which provides that 
the Secretary may grant a waiver (after making the specified 
determination) ``for nonemergency and unique events.'' The current 
language in paragraph (c), ``for unique, non-emergency events,'' 
implies that waivers are available only for events that are both unique 
and nonemergency in nature. This amendment is necessary to ensure 
consistency of interpretation and clarify that FMCSA has the authority 
to grant waivers under either circumstance.

E. Part 382--Controlled Substances and Alcohol Use and Testing

Section 382.107 Definitions
    In the definition of Consortium/Third party administrator (C/TPA) 
in Sec.  382.107, FMCSA adds the phrase ``except as provided in Sec.  
382.705(c)'' after ``for purposes of this part.'' The Agency makes this 
change to conform the definition of C/TPA to the requirement, set forth 
in Sec.  382.705(c), that a C/TPA acting on behalf of a self-employed 
driver is acting as an ``employer'' when reporting that driver's drug 
and alcohol violations to the Clearinghouse, and is therefore 
ultimately responsible for compliance with the reporting requirements 
in Sec.  382.705(b). The sentence now provides that C/TPAs are not 
employers for purposes of the part, except as provided in Sec.  
382.705(c).
Section 382.305 Random Testing
    This amendment relates to the higher minimum annual percentage rate 
for random controlled substances testing made effective for all testing 
in 2020 and later. FMCSA amends Sec.  382.305(b)(2) to reflect that the 
minimum annual percentage rate for random controlled substances testing 
shall be 50 percent of the average number of driver positions, as it 
has been effective since January 1, 2020. On December 27, 2019 (84 FR 
71527), FMCSA announced the increase of the minimum annual percentage 
rate for random controlled substances testing for drivers of CMVs 
requiring a CDL from 25 percent of the average number of driver 
positions to 50 percent of the average number of driver positions, 
effective in calendar year 2020.
    The FMCSA Administrator must increase the minimum annual random 
testing percentage rate when the data received under the reporting 
requirements for any calendar year indicate that the reported positive 
rate is equal to or greater than 1.0 percent. Based on the results of 
the 2018 FMCSA Drug and Alcohol Testing Survey, the positive rate for 
controlled substances random testing increased to 1.0 percent.\4\ As a 
result, the Agency increased the controlled substances minimum annual 
percentage rate for random controlled substances testing to 50 percent 
of the average number of driver positions. (84 FR 71528)
---------------------------------------------------------------------------

    \4\ FMCSA, Results from the 2018 Drug and Alcohol Testing Survey 
(Dec. 2019), available at https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/2019-12/RRA-19-015%28b%29-Drug_and_Alcohol_Survey_Results_FINAL-508C.pdf.
---------------------------------------------------------------------------

Section 382.703 Driver Consent To Permit Access to Information in the 
Clearinghouse
    FMCSA replaces the word ``and'' with ``or'' in paragraph (c). This 
amendment would correct the erroneous use of ``and'' in paragraph (c). 
Paragraph (a) provides that employers must obtain an employee's general 
consent before conducting a limited query of the Clearinghouse. 
Paragraph (b) provides that employers must obtain an employee's 
specific consent before conducting a full query of the Clearinghouse. 
The inadvertent use of the word ``and'' in paragraph (c) implies that 
employees are precluded from performing safety-sensitive functions only 
if they refuse to grant consent for both queries, rather than being 
precluded upon refusal to grant consent for either query as was 
originally intended. See 81 FR 87686, 87713 (``This section provides 
that no employer may obtain information about an individual from the 
Clearinghouse without that individual's express consent. It also 
provides that an employee cannot perform safety-sensitive functions if 
he or she refuses to give this consent.'').
Section 382.717 Procedures for Correcting Information in the Database
    As discussed in section II.C., above, FMCSA simplifies many 
sections across various parts of the CFR to remove or otherwise update 
references to specific titles or offices to provide greater flexibility 
in delegations. In paragraph (c) of this section, FMCSA replaces 
``Office of Enforcement and Compliance, Attention: Drug and Alcohol 
Program Manager'' with ``ATTN: Drug and Alcohol Clearinghouse Petition 
for Review.'' In paragraph (f)(2), FMCSA replaces ``the Associate 
Administrator for Enforcement (MC-E)'' with ``FMCSA, ATTN: Drug and 
Alcohol Clearinghouse Administrative Review.'' Finally, in paragraph 
(f)(4), FMCSA replaces the shorthand reference to ``The Associate 
Administrator's'' with ``FMCSA's.''

[[Page 57063]]

F. Part 383--Commercial Driver's License Standards; Requirements and 
Penalties

Section 383.71 Driver Application and Certification Procedures
    FMCSA removes paragraph (a)(1), removes the introductory text from 
paragraph (a)(2), and renumbers paragraphs (a)(2)(i) through (ix) as 
paragraphs (a)(1) through (9). These revisions remove requirements 
relating to commercial learner's permit applications submitted prior to 
July 18, 2015, which are no longer necessary. These revisions will 
clarify and streamline the section by removing requirements that are 
out-of-date.
Section 383.73 State Procedures
    FMCSA revises the introductory text to paragraph (a), removes 
paragraph (a)(1), removes the introductory text from paragraph (a)(2), 
renumbers paragraphs (a)(2)(i) through (vii) as paragraphs (a)(1) 
through (7), and renumbers paragraphs (a)(7)(A) and (B) as paragraphs 
(a)(7)(i) and (ii). These changes remove requirements relating to 
commercial learner's permit issued prior to July 18, 2015, similar to 
the changes above in Sec.  383.71. FMCSA also updates cross-references 
to Sec.  383.71 to reflect the changes in that section above.
    FMCSA replaces ``CMV'' with ``CDL'' in paragraphs (o)(4)(i)(A)(1) 
and (2). This amendment corrects an inadvertent error in the 
terminology used in this section. A ``CDL downgrade'' involves the 
State removing the ``CDL'' privilege from the driver license, not the 
``CMV'' privilege. See 49 CFR 383.5 (definition of CDL Downgrade, 
paragraph 4).
    FMCSA replaces ``insure'' with ``ensure'' in paragraph (o)(5). This 
revision corrects an inadvertent word choice error. The word ``insure'' 
generally means to cover something with insurance, while the word 
``ensure'' generally means to make sure something happens. It is clear 
from the context of the last sentence in paragraph (o)(5) that 
``ensure'' is the word with the intended meaning.

G. Part 385--Safety Fitness Procedures

Sections 385.15 Administrative Review and 385.423 Does a motor carrier 
have a right to an administrative review of a denial, suspension, or 
revocation of a safety permit?
    Under 49 U.S.C. 113(e) and 49 CFR 386.1(a), the Chief Safety 
Officer is the Assistant Administrator of FMCSA. To be consistent with 
other sections within the FMCSRs, FMCSA replaces the term ``Chief 
Safety Officer'' with ``Assistant Administrator'' throughout Sec. Sec.  
385.15 and 385.423. In addition, in Sec.  385.15(c), FMCSA adds a comma 
after ``Assistant Administrator'' and ``ATTN: Adjudications Counsel'' 
to clarify that requests for administrative review under this section 
should be directed to FMCSA's Adjudications Counsel to ensure that 
these requests are promptly received by the appropriate office for 
processing. This practice is consistent with other proceedings before 
the Assistant Administrator. See 49 CFR 383.52(c), 385.423(c), 
385.911(e), 385.915(f), and 386.73(g). These updates are merely 
intended to provide greater clarity and transparency; they do not 
change existing authorities or practices.
Sections 385.113 Administrative Review and 385.711 Administrative 
Review
    As discussed in section II.C., above, FMCSA simplifies many 
sections across various parts of the CFR to remove or otherwise update 
references to specific titles or offices to provide greater flexibility 
in delegations. In Sec. Sec.  385.113(b) and 385.711(b), FMCSA replaces 
``the Associate Administrator for Enforcement and Program Delivery (MC-
E), Federal Motor Carrier Safety Administration'' and the same text 
without the ``(MC-E)'' routing designation with ``FMCSA'' and an ATTN: 
line (``FMCSA, ATTN: Sec.  385.113 Request for Administrative 
Review''). In Sec. Sec.  385.113(d) and 385.711(d), FMCSA replaces 
``The Associate Administrator's'' with ``FMCSA's.''
Sections 385.903 Definitions and 385.1003 Definitions
    As part of the effort (discussed in section II.C., above) to update 
references to specific titles or offices and provide greater 
flexibility in delegations, FMCSA amends the definition of the term 
Agency Official in Sec. Sec.  385.903 and 385.1003. The term was 
defined in both sections to mean ``the Director of FMCSA's Office of 
Enforcement and Compliance or his or her designee'' but is now amended 
to mean ``the FMCSA employee with delegated authority under this 
subpart.''

H. Part 386--Rules of Practice for FMCSA Proceedings

Section 386.2 Definitions
    In Sec.  386.2, FMCSA revises the definition of Assistant 
Administrator to use language that is consistent with the new 
definition of Assistant Administrator in Sec. Sec.  390.5 (Suspended) 
and 390.5T. In addition, FMCSA replaces the term Decisionmaker in Sec.  
386.2 with Agency decisionmaker, which is the term used throughout part 
386, and clarifies that the Agency decisionmaker makes the final 
decision for all administrative proceedings under part 386, not merely 
civil penalty proceedings. See, e.g., 49 CFR 386.73(g)(9). Finally, 
FMCSA revises the definition of Field Administrator by adding ``or an 
authorized delegee'' to the end of the definition, which is consistent 
with the clarification made to the definition of Assistant 
Administrator in this section (and in the new definition in Sec. Sec.  
390.5 (Suspended) and 390.5T). These updates are merely intended to 
provide greater clarity and transparency; they do not change existing 
authorities or practices.
Section 386.3 Separation of Functions
    In Sec.  386.3, FMCSA expands the application of its separation of 
functions provision in part 386 from civil penalty proceedings to also 
include proceedings under Sec.  386.11, Sec.  386.72, or Sec.  386.73. 
This change streamlines the amendments made to part 386 in this rule 
because FMCSA would otherwise have needed to add a separation of 
functions provision to each of those sections, for clarity. This 
amendment codifies the separation of functions practices that FMCSA has 
maintained relating to these proceedings. FMSCA also adds a comma after 
the words ``Hearing Officer''.
Sections 386.11 Commencement of Proceedings, 386.48 Medical Records and 
Physicians' Reports, 386.71 Injunctions, 386.72 Imminent Hazard, and 
386.73 Operations Out of Service and Record Consolidation Proceedings 
(Reincarnated Carriers)
    As discussed in section II.C., above, FMCSA simplifies many 
sections across various parts of the CFR to remove or otherwise update 
references to specific titles or offices to provide greater flexibility 
in delegations. In Sec. Sec.  386.11(a) introductory text and 386.48, 
FMCSA replaces ``the Director, Office of Carrier, Driver and Vehicle 
Safety Standards (MC-PS)'' with ``FMCSA.'' FMCSA also inserts ``FMCSA'' 
in lieu of ``the Chief Counsel'' (Sec.  386.71), ``the Director of the 
Office of Enforcement and Compliance or a Division Administrator, or 
his or her delegate,'' (Sec.  386.72(b)(1) introductory text), ``An 
FMCSA Field Administrator or the Director of FMCSA's Office of 
Enforcement and Compliance (Director)'' (Sec.  386.73(a) introductory 
text), and ``The Field Administrator or Director'' or ``the Field 
Administrator or Director'' (throughout Sec.  386.73). Similarly, FMCSA 
replaces ``Field Administrator or Director'' with ``FMCSA official.''

[[Page 57064]]

Sections 386.83 Sanction for Failure To Pay Civil Penalties or Abide by 
Payment Plan; Operation in Interstate Commerce Prohibited and 386.84 
Sanction for Failure To Pay Civil Penalties or Abide by Payment Plan; 
Suspension or Revocation of Registration
    Under 49 U.S.C. 113(e) and 49 CFR 386.1(a), the Chief Safety 
Officer is the Assistant Administrator of FMCSA. To be consistent with 
other sections within the FMCSRs, FMCSA replaces the term ``Chief 
Safety Officer'' with ``Assistant Administrator'' in Sec. Sec.  
386.83(b)(2) and 386.84(b)(2). These updates are merely intended to 
provide greater clarity and transparency; they do not change existing 
authorities or practices.

I. Part 387--Minimum Levels of Financial Responsibility for Motor 
Carriers

Section 387.9 Financial Responsibility, Minimum Levels
    FMCSA revises the table in Sec.  387.9. The table, as currently 
written, switches between ``in bulk,'' ``any quantity,'' and ``in 
excess of 3,500 gallons.'' All of these terms refer to the definition 
of In bulk in Sec.  387.5. The table is revised to replace all these 
terms with ``in bulk'' throughout the table. This revision eliminates 
confusion and increases consistency by replacing a variety of similar 
terms with a singular, defined term throughout the table.
Sections 387.323 (Suspended) and 387.323T Electronic Filing of Surety 
Bonds, Trust Fund Agreements, Certificates of Insurance and 
Cancellations \5\
---------------------------------------------------------------------------

    \5\ See Note 2. Section 387.323 was another one of the sections 
suspended by the January 17, 2017 final rule, and Sec.  387.323T, 
which is currently in effect, was another one of the replacement 
sections added (82 FR 5309).
---------------------------------------------------------------------------

    FMCSA revises paragraph (c) of Sec.  387.323 (Suspended) and 
387.323T to reflect an updated link for filings that are transmitted 
online. Filers should use the updated link at https://li-public.fmcsa.dot.gov.

J. Part 390--Federal Motor Carrier Safety Regulations; General

Section 390.3T General Applicability
    In Sec.  390.3T, FMCSA removes the reference date in the 
introductory text of paragraph (h). The introductory text of paragraph 
(h) states that certain provisions apply to intermodal equipment 
providers ``[o]n and after December 17, 2009.'' This reference date is 
over 11 years old and can be safely removed without changing the 
requirements in paragraph (h).
Section 390.4 Delegations and Redelegations of Authority of FMCSA 
Employees To Perform Assigned Actions or Duties
    New Sec.  390.4 clarifies internal delegations of authority and 
assignments of responsibility within FMCSA and does not affect the 
procedural rights of persons outside FMCSA. As such, the clarifications 
are rules related to management and personnel. 5 U.S.C. 553(a)(2). 
Moreover, these clarifications relate solely to agency organization, 
procedure, or practice and do not constitute a substantive rule. 5 
U.S.C. 553(b)(3)(A). These changes do not affect the regulatory 
requirements imposed upon regulated entities. Therefore, they are 
excepted from notice and comment. Clarifying the responsibilities for 
personnel delegated authority in agency regulations is an internal 
management function. See United States v. Saunders, 951 F.2d 1065, 1068 
(9th Cir. 1991) (delegations of authority have ``no legal impact on, or 
significance for, the general public,'' and ``simply effect[ ] a 
shifting of responsibilities wholly internal to the Treasury 
Department''); Lonsdale v. United States, 919 F.2d 1440, 1446 (10th 
Cir. 1990) (``APA does not require publication of [rules] which 
internally delegate authority to enforce the Internal Revenue laws'').
    It should be noted, however, that the decision to memorialize some 
internal agency management procedures in regulation does not limit an 
agency's general authority, without changing rule text, to establish or 
make changes to other internal agency management procedures (i.e., 
those not already memorialized in regulation).
Sections 390.5 (Suspended) and 390.5T Definitions \6\
---------------------------------------------------------------------------

    \6\ See Note 2. Section 390.5 was another one of the sections 
suspended by the January 17, 2017 final rule, and Sec.  390.5T, 
which is currently in effect, was another one of the replacement 
sections added (82 FR 5309).
---------------------------------------------------------------------------

    In Sec. Sec.  390.5 (suspended) and 390.5T, FMCSA adds a definition 
of the term Assistant Administrator to clarify that references to the 
Assistant Administrator may include an individual who has been 
delegated the authority of the Assistant Administrator.
    FMCSA modifies the definition of Emergency in these sections by 
replacing, in paragraph (1), ``the FMCSA Field Administrator for the 
geographical area in which the occurrence happens'' with ``FMCSA.'' As 
discussed in section II.C., above, FMCSA simplifies many sections 
across various parts of the CFR to remove or otherwise update 
references to specific titles or offices to provide greater flexibility 
in delegations. This edit conforms and relates to the edits made to 
Sec. Sec.  390.23 and 390.25, as discussed below.
    In addition, FMCSA modifies the definition of Exempt intracity zone 
by replacing the reference to ``appendix F of subchapter B of this 
chapter'' with ``appendix A to part 372'' in both sections to reflect 
the new location of this appendix per the redesignation edits in 
chapter III, subchapter B. The redesignation of this appendix is 
discussed further in Section II.P, below.
    FMCSA also adds a definition of Field Administrator identical to 
the revised definition of that term in Sec.  386.2, which has been 
slightly modified to clarify that the actions or duties assigned to the 
Field Administrator may be carried out by an authorized delegee. This 
definition applies throughout 49 CFR chapter III, subchapter B, whereas 
the definition in Sec.  386.2 applies only to part 386. Adding the 
definition of Field Administrator to Sec.  390.5T clarifies that, 
throughout subchapter B, the term refers to the head of the Service 
Center, regardless of changes to the title of that position (e.g., the 
head of the Service Center was previously the ``Field Administrator,'' 
but is now the ``Regional Field Administrator''), which is consistent 
with how the term has been applied in the context of Sec.  386.2. These 
updates are merely intended to provide greater clarity and 
transparency; they do not change existing authorities or practices.
Section 390.8 Separation of Functions
    In new Sec.  390.8, FMCSA adds a separation of functions provision 
that applies to various administrative review proceedings under parts 
380, 382, 390, 391, and 395. This amendment clarifies that FMCSA 
applies a separation of functions between Agency employees engaged in 
investigative or prosecutorial functions and the initial Agency 
determination, and those who participate or advise in the final Agency 
decision. This new section codifies separation of functions practices 
that FMCSA has maintained relating to these procedures. FMCSA adopts 
language similar to the language in Sec. Sec.  385.21 and 386.3, which 
are the separation of functions provisions applicable to administrative 
reviews of safety ratings and proposed civil penalties, respectively.
Sections 390.23 Relief From Regulations and 390.25 Extension of Relief 
From Regulations--Emergencies
    As discussed in section II.C., above, FMCSA simplifies many 
sections across

[[Page 57065]]

various parts of the CFR to remove or otherwise update references to 
specific titles or offices to provide greater flexibility in 
delegations. In Sec. Sec.  390.23(a) (paragraphs (a)(1)(i)(B), 
(a)(1)(ii)(A), (a)(2)(i)(B), and (a)(2)(ii)) and 390.25, FMCSA replaces 
``The FMCSA Field Administrator'' and ``the FMCSA Field Administrator'' 
with ``FMCSA.''
Sections 390.115 Procedure for Removal From the National Registry of 
Certified Medical Examiners and 390.135 Procedure for Removal of a 
Certified VA Medical Examiner From the National Registry of Certified 
Medical Examiners
    As discussed in section II.C., above, FMCSA simplifies many 
sections across various parts of the CFR to remove or otherwise update 
references to specific titles or offices to provide greater flexibility 
in delegations. In Sec. Sec.  390.115(a) and 390.135(a), FMCSA replaces 
``the FMCSA Director, Office of Carrier, Driver and Vehicle Safety 
Standards'' with ``FMCSA'' and an ATTN: line (``FMCSA, ATTN: Removal 
from National Registry of Certified Medical Examiners''). Similarly, in 
Sec. Sec.  390.115(d) and 390.135(d), FMCSA replaces ``the FMCSA 
Associate Administrator for Policy'' with ``FMCSA'' and an ATTN: line 
(``FMCSA, ATTN: National Registry of Certified Medical Examiners--
Request for Administrative Review'').
    FMCSA also inserts ``FMCSA'' in lieu of ``the Director, Office of 
Carrier, Driver and Vehicle Safety Standards'' and its slight variation 
``The Director, Office of Carrier, Driver and Vehicle Safety 
Standards'' throughout Sec. Sec.  390.115 and 390.135. The table in the 
amendatory instructions for these sections identifies each paragraph 
where these changes occur. In Sec. Sec.  390.115(c)(1)(i) and (ii) and 
390.135(c)(1)(i) and (ii), FMCSA replaces this same title and the words 
that immediately follow (``finds it'') with ``FMCSA finds it'' so as to 
read (in the first of six instances) ``If FMCSA finds it has wholly 
relied on . . .'' rather than ``If the Director Office of Carrier, 
Driver and Vehicle Safety Standards finds FMCSA has wholly relied on . 
. .''. Finally, FMCSA inserts ``FMCSA'' in lieu of ``The Associate 
Administrator'' and its slight variation ``the Associate 
Administrator'' throughout Sec. Sec.  390.115(d) and 390.135(d), as 
described in the table in the amendatory instructions for these 
sections.

K. Part 391--Qualifications of Drivers and Longer Combination Vehicle 
(LCV) Driver Instructors

Sections 391.43 Medical Examination; Certificate of Physical 
Examination and 391.47 Resolution of Conflicts of Medical Evaluation
    As discussed in section II.C., above, FMCSA simplifies many 
sections across various parts of the CFR to remove or otherwise update 
references to specific titles or offices to provide greater flexibility 
in delegations. In Sec. Sec.  391.43(g)(5)(i)(A) and (B) and 391.47(c), 
(d)(1) and (2), and (f), FMCSA replaces ``the Director, Office of 
Carrier, Driver and Vehicle Safety Standards'' and its slight variant 
``The Director, Office of Carrier, Driver and Vehicle Safety 
Standards'' with ``FMCSA.'' FMCSA also replaces the shorthand terms 
``The Director'' and ``The Director's'' with ``FMCSA'' and ``FMCSA's'' 
in Sec.  391.47(c) and (e), respectively.
Section 391.49 Alternative Physical Qualification Standards for the 
Loss or Impairment of Limbs
    As discussed in section II.C., above, FMCSA simplifies many 
sections across various parts of the CFR to remove or otherwise update 
references to specific titles or offices to provide greater flexibility 
in delegations. In Sec.  391.49(a), (g), (h), (j)(1), and (k), FMCSA 
removes the references to ``the Division Administrator, FMCSA,'' or to 
the ``The Division Administrator/State Director, FMCSA,'' as 
applicable, leaving only the references to FMCSA. In paragraph (b)(2), 
FMCSA specifies the application must be submitted to ``the SPE 
Certificate Program at the applicable FMCSA service center'' rather 
than ``the applicable field service center, FMCSA.'' In paragraphs 
(e)(1) introductory text, (e)(1)(i) and (ii), and (i), the Agency 
replaces ``Medical Program Specialist, FMCSA service center,'' 
``Medical Program Specialist, FMCSA field service center,'' and 
``Medical Program Specialist, FMCSA'' with ``SPE Certificate Program, 
FMCSA service center.'' In paragraph (j)(2), FMCSA simplifies ``the 
Division Administrator/State Director, FMCSA, for the State where the 
driver applicant has legal residence'' to ``FMCSA.''
    In addition, in Sec.  391.49(d)(1) after ``A copy of the,'' FMCSA 
adds ``Medical Examination Report Form, MCSA-5875, documenting the.'' 
In paragraph (i)(7), FMCSA replaces ``medical examination report'' with 
``Medical Examination Report Form, MCSA-5875.'' In paragraph (d)(2), 
FMCSA changes ``medical certificate'' to ``Medical Examiner's 
Certificate, Form MCSA-5876.'' These changes provide clarity and assist 
the reader by specifying the current forms required and adopted in 2015 
(see 80 FR 22790, Apr. 23, 2015). In addition to the change above in 
paragraph (j)(2), the Agency replaces ``a Skill Performance Evaluation 
Program Specialist'' with ``an SPE Evaluator'' to be consistent with 
the terminology used in the program and to avoid confusion with an SPE 
Medical Program Specialist.
    FMCSA removes the paragraph headings for paragraphs (b) and (e) to 
ensure consistency throughout the section. FMCSA also adds hyphens to 
the term ``co-applicants'' throughout the section and the term ``above-
named'' in the form under paragraph (j)(2).
Section 391.51 General Requirements for Driver Qualification Files
    In Sec.  391.51, FMCSA makes edits to conform to the edits made to 
paragraph (a) of Sec.  391.49, which Sec.  391.51(b)(8) cross-
references. Specifically, rather than state that the qualification file 
for a driver must include a ``Skill Performance Evaluation Certificate 
obtained from a Field Administrator, Division Administrator, or State 
Director issued in accordance with Sec.  391.49,'' paragraph (b)(8) 
will refer to a ``Skill Performance Evaluation Certificate issued by 
FMCSA in accordance with Sec.  391.49.'' This language is also 
structured to parallel the structure in the rest of the paragraph 
regarding a ``Medical Exemption document issued by a Federal medical 
program in accordance with part 381 of this chapter.''
Section 391.61 Drivers Who Were Regularly Employed Before January 1, 
1971
    FMCSA revises Sec.  391.61 by changing the reference in that 
section from Sec.  391.33 to Sec.  391.31. This revision corrects an 
earlier mistake when FHWA inadvertently changed the reference in Sec.  
391.61 from Sec.  391.31 to Sec.  391.33. When Sec.  391.61 was adopted 
in 1971, the regulation referenced Sec.  391.31 (35 FR 6458, 6466, Apr. 
22, 1970).
    On January 27, 1997, FHWA proposed to eliminate the requirement for 
a road test in Sec.  391.31 and stated the removal of the regulation 
affects Sec.  391.61 (62 FR 3855, 3858). There was no discussion of 
changes made to Sec.  391.61 (see 62 FR 3859). In the June 18, 1998 
final rule, FHWA decided to retain Sec.  391.31 and the road test 
requirement, but amended Sec.  391.61 to include Sec.  391.33 instead 
of Sec.  391.31 in error (see 63 FR 33254, 33263-64, 33278).

[[Page 57066]]

L. Part 393--Parts and Accessories Necessary for Safe Operation

Section 393.47 Brake Actuators, Slack Adjusters, Linings/Pads, and 
Drums/Rotors
    FMCSA amends this section in response to a December 17, 2018 
petition for rulemaking from the Commercial Vehicle Safety Alliance 
(CVSA). After consulting with a major brake chamber supplier concerning 
the manufacturer's recommended adjustment limits for type 36 clamp-type 
chambers, CVSA requested that FMCSA amend the FMCSRs to specify the 
correct readjustment limit for such chambers in Sec.  393.47(e)(l) and 
appendix G, section 1. Brake System. CVSA noted its belief that the 
incorrect value was taken directly from the 2001 edition of Society for 
Automotive Engineers (SAE) standard J1817 (SAE J1817), which also 
contains the error, and informed FMCSA that SAE was in the process of 
correcting the error.
    FMCSA has reviewed the February 2018 edition of SAE J1817 (as well 
as the June 2017 edition of SAE J2899) and confirmed that the 
readjustment limit for type 36 clamp-type brake chambers is 2.5 in. 
(63.5 mm.). The readjustment limits specified in the August 6, 2012 
final rule (77 FR 46633, 46638) were based on the July 2001 SAE J1817 
that had been incorporated by reference in Sec.  393.7(b)(15) on August 
15, 2005 (70 FR 48008, 48027). Because SAE has since corrected the 
error, FMCSA makes conforming amendments to the entries for type 36 
clamp-type chambers in Sec.  393.47(e)(l) and appendix G, section 1. 
Brake System. FMCSA has placed a copy of CVSA's 2018 petition in the 
docket for this rulemaking.
Section 393.71 Coupling Devices and Towing Methods, Driveaway-Towaway 
Operations
    FMCSA replaces ``insure'' with ``ensure'' throughout the section. 
This revision corrects an inadvertent word choice error and follows the 
rationale of the change to Sec.  383.73 in section II.I., above.

M. Part 395--Hours of Service of Drivers

Section 395.13 Drivers Ordered Out of Service
    In Sec.  395.13, FMCSA replaces the words ``declared,'' 
``declare,'' and ``declaring'' with ``ordered,'' ``order,'' and 
``ordering,'' respectively, in both the text of the section and in the 
title of the section. Section 383.5 defines an out-of-service ``order'' 
to include Sec. Sec.  396.9, 395.13, 392.5, and 386.72. However, Sec.  
395.13 uses the word ``declared'' instead of ``ordered,'' which is 
inconsistent with Sec. Sec.  392.5 and 386.72, both of which state 
``order.'' These amendments would provide clarity and consistency; now 
Sec.  395.13 will use ``ordered'' instead of ``declared'' to mirror the 
language of Sec.  383.37(d), which provides when a driver or vehicle is 
subject to an out-of-service ``order.'' FMCSA also adds the word 
``the'' before ``motor carrier'' in paragraph (d)(3).
Appendix A to Subpart B of Part 395 Functional Specifications for All 
Electronic Logging Devices (ELDs)
    In reference sections 5.4.3, 5.4.4(b), and 5.4.4(d), FMCSA replaces 
``the Director, Office of Carrier Driver, and Vehicle Safety 
Standards'' and its slight variants (one with a comma at the end and 
the other beginning with a capital ``t'' in ``The'') with simply 
``FMCSA.'' FMCSA also inserts ``FMCSA'' in lieu of the shorthand 
version (``the Director'') in reference sections 5.4.4(c) and 5.4.4(d). 
In reference section 5.4.4.(b), FMCSA replaces ``the Associate 
Administrator for Policy'' with ``FMCSA, ATTN: ELD Removal--Request for 
Administrative Review.'' FMCSA also replaces ``The Associate 
Administrator'' (in reference sections 5.4.5(c) and (d)) and its slight 
variant ``the Associate Administrator'' (in reference section 5.4.5(c)) 
with ``FMCSA.''
    In addition, in reference section 7.19 Engine Hours, FMCSA corrects 
a typographical error. Namely, FMCSA removes a comma from the stated 
range to ensure the value is within the required data length of 3-7 
characters and the range for elapsed engine hours reflects the proper 
value.

N. Part 396--Inspection, Repair, and Maintenance

Section 396.9 Inspection of Motor Vehicles and Intermodal Equipment in 
Operation
    In Sec.  396.9(c), FMCSA replaces the words ``declared'' and 
``declare'' with ``ordered,'' and ``order,'' respectively, and replaces 
the word ``notice'' (in the phrase ``out-of-service notice'' with 
``order'' (to read ``out-of-service order''). Section 383.5 defines an 
out-of-service ``order'' to include Sec. Sec.  396.9, 395.13, 392.5, 
and 386.72. However, Sec.  396.9 uses the word ``declared'' instead of 
``ordered,'' which is inconsistent with Sec. Sec.  392.5 and 386.72, 
both of which use the word ``order.'' These amendments provide clarity 
and consistency; Sec.  396.9(c) will use ``ordered'' instead of 
``declared'' to mirror the language of Sec.  395.13, as modified in 
section II..M, above.
Sections 396.17 Periodic Inspection, 396.19 Inspector Qualifications, 
and 396.21 Periodic Inspection Recordkeeping Requirements
    As further discussed in section II.P. below, FMCSA redesignates 
appendix G to subchapter B of chapter III (``Minimum Periodic 
Inspection Standards'') as appendix A to part 396. Accordingly, FMCSA 
amends Sec. Sec.  396.17, 396.19, and 396.21 to change the cross-
references to ``appendix G of this subchapter'' and ``appendix G of 
this subchapter'' to reflect the new name and location of the appendix 
(i.e., ``appendix A to part 396--. . .'').

O. Part 398--Transportation of Migrant Workers

Section 398.4 Driving of Motor Vehicles
    FMCSA replaces ``insure'' with ``ensure'' in paragraph (a). This 
revision corrects an inadvertent word choice error and follows the 
rationale of the change to Sec.  383.73 in section II..I, above.
Section 398.7 Inspection and Maintenance of Motor Vehicles
    FMCSA replaces ``insure'' with ``ensure'' in Sec.  398.7. This 
revision corrects an inadvertent word choice error and follows the 
rationale of the change to Sec.  383.73 in section II..I, above.

P. Chapter III--Federal Motor Carrier Safety Administration, Department 
of Transportation, Subchapter B--Federal Motor Carrier Safety 
Regulations Appendix F to Subchapter B of Chapter III--Commercial Zones 
and Appendix G to Subchapter B of Chapter III--Minimum Periodic 
Inspection Standards

    FMCSA currently has a number of appendices listed as appendices to 
subchapter B of chapter III that directly pertain to other parts of the 
CFR. FMCSA believes it would be beneficial to move two of those 
appendices, appendices F and G, to the parts of title 49 of the CFR to 
which they pertain. FMCSA implements these changes by redesignating 
appendix F as appendix A to part 372, and redesignating appendix G as 
appendix A to part 396.
    FMCSA also makes amendments to the entry for type 36 clamp-type 
chambers in the ``Clamp-Type Brake Chambers'' table in section 1 of the 
newly redesignated appendix A to part 396 as discussed in section II.L.

[[Page 57067]]

III. Regulatory Analyses

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

    FMCSA has considered the impact of this final rule under E.O. 12866 
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563 
(76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory 
Review, and DOT's regulatory policies and procedures. The Office of 
Information and Regulatory Affairs within the Office of Management and 
Budget (OMB) determined that this final rule is not a significant 
regulatory action under section 3(f) of E.O. 12866, as supplemented by 
E.O. 13563, and does not require an assessment of potential costs and 
benefits under section 6(a)(3) of that Order. Accordingly, OMB has not 
reviewed it under that E.O.
    The amendments made in this final rule primarily correct 
inadvertent errors and omissions, remove or update obsolete references, 
and make minor language changes to improve clarity and consistency. 
Some changes relate to previous changes that were statutorily mandated 
or merely align regulatory requirements with the underlying statutory 
authority. In accommodating those changes, the Agency is performing 
nondiscretionary, ministerial acts. Two new provisions relate to agency 
management and to FMCSA's rules of organization, procedures, or 
practice. None of the changes in this final rule imposes material new 
requirements or increases compliance obligations; therefore, this final 
rule imposes no new costs and a full regulatory evaluation is 
unnecessary.

B. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801-808), the 
Office of Information and Regulatory Affairs designated this rule as 
not a ``major rule,'' as defined by 5 U.S.C. 804(2).

C. Regulatory Flexibility Act (Small Entities)

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612), 
FMCSA is not required to complete a regulatory flexibility analysis 
because, as discussed earlier in the Legal Basis for the Rulemaking 
section, this action is not subject to notice and public comment under 
section 553(b) of the APA.

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857, Mar. 
29, 1996), FMCSA wants to assist small entities in understanding this 
final rule so they can better evaluate its effects on themselves and 
participate in the rulemaking initiative. If the final rule will affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance; 
please consult the person listed under the FOR FURTHER INFORMATION 
CONTACT section of this final rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the Small Business Administration's Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of FMCSA, call 
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights 
of small entities to regulatory enforcement fairness and an explicit 
policy against retaliation for exercising these rights.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or Tribal government, in 
the aggregate, or by the private sector of $170 million (which is the 
value equivalent of $100 million in 1995, adjusted for inflation to 
2020 levels) or more in any 1 year. This final rule will not result in 
such an expenditure.

F. Paperwork Reduction Act (Collection of Information)

    This final rule contains no new information collection requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

G. E.O. 13132 (Federalism)

    A rule has implications for federalism under section 1(a) of E.O. 
13132 if it has ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' FMCSA has determined that this rule will not have 
substantial direct costs on or for States, nor will it limit the 
policymaking discretion of States. Nothing in this document preempts 
any State law or regulation. Therefore, this rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Impact Statement.

H. Privacy

    The Consolidated Appropriations Act, 2005 (Pub. L. 108-447, 118 
Stat. 2809, 3268, Dec. 8, 2004 (5 U.S.C. 552a note)), requires the 
Agency to conduct a privacy impact assessment of a regulation that will 
affect the privacy of individuals. Because this rule does not require 
the collection of personally identifiable information, the Agency is 
not required to conduct a privacy impact assessment.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency that receives records contained in a system 
of records from a Federal agency for use in a matching program.
    The E-Government Act of 2002 (Pub. L. 107-347, sec. 208, 116 Stat. 
2899, 2921, Dec. 17, 2002), requires Federal agencies to conduct a 
privacy impact assessment for new or substantially changed technology 
that collects, maintains, or disseminates information in an 
identifiable form. No new or substantially changed technology will 
collect, maintain, or disseminate information as a result of this rule. 
Accordingly, FMCSA has not conducted a privacy impact assessment.

I. E.O. 13175 (Indian Tribal Governments)

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

J. National Environmental Policy Act of 1969

    FMCSA analyzed this rule pursuant to the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and determined this action 
is categorically excluded from further analysis and documentation in an 
environmental assessment or environmental impact statement under FMCSA 
Order 5610.1 (69 FR 9680, Mar. 1, 2004), Appendix 2, paragraphs 6.b and 
c. These Categorical Exclusions address minor corrections and 
regulations concerning internal agency functions, organization, or 
personnel administration such as those

[[Page 57068]]

found in this rulemaking. Therefore, preparation of an environmental 
assessment or environmental impact statement is not necessary.

List of Subjects

49 CFR Part 365

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

49 CFR Part 368

    Administrative practice and procedure, Mexico, Motor carriers.

49 CFR Part 380

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

49 CFR Part 381

    Motor carriers.

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, 
Drug testing, Highway safety, Motor carriers, Penalties, Safety, 
Transportation.

49 CFR Part 385

    Administrative practice and procedure, Highway safety, 
Incorporation by reference, Mexico, Motor carriers, Motor vehicle 
safety, Reporting and recordkeeping requirements.

49 CFR Part 386

    Administrative practice and procedure, Brokers, Freight forwarders, 
Hazardous materials transportation, Highway safety, Motor carriers, 
Motor vehicle safety, Penalties.

49 CFR Part 387

    Buses, Freight, Freight forwarders, Hazardous materials 
transportation, Highway safety, Insurance, Intergovernmental relations, 
Motor carriers, Motor vehicle safety, Moving of household goods, 
Penalties, Reporting and recordkeeping requirements, Surety bonds.

49 CFR Part 390

    Highway safety, Intermodal transportation, Motor carriers, Motor 
vehicle safety, Reporting and recordkeeping requirements.

49 CFR Part 391

    Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor 
carriers, Reporting and recordkeeping requirements, Safety, 
Transportation.

49 CFR Part 393

    Highway safety, Motor carriers, Motor vehicle safety.

49 CFR Part 395

    Highway safety, Motor carriers, Reporting and recordkeeping 
requirements.

49 CFR Part 396

    Highway safety, Motor carriers, Motor vehicle safety, Reporting and 
recordkeeping requirements.

49 CFR Part 398

    Highway safety, Migrant labor, Motor carriers, Motor vehicle 
safety, Reporting and recordkeeping requirements.

    In consideration of the foregoing, FMCSA amends 49 CFR chapter III 
as set forth below:

Appendix F to Subchapter B of Chapter III [Transferred to Part 372 and 
Redesignated as Appendix A to Part 372]

0
1. Under the authority of 44 U.S.C. 1505 and 1510, appendix F to 
subchapter B of chapter III is transferred to part 372 and redesignated 
as appendix A to part 372.

Appendix G to Subchapter B of Chapter III [Transferred to Part 396 and 
Redesignated as Appendix A to Part 396]

0
2. Under the authority of 44 U.S.C. 1505 and 1510, appendix G to 
subchapter B of chapter III is transferred to part 396 and redesignated 
as appendix A to part 396.

PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

0
3. The authority citation for part 365 continues to read as follows:

    Authority:  5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-
13906, 13908, 14708, 31133, 31138, and 31144; 49 CFR 1.87.


0
4. Amend Sec.  365.101 as follows:
0
a. Lift the suspension of the section;
0
b. Revise paragraph (h); and
0
c. Suspend the section indefinitely.
    The revision reads as follows:


Sec.  365.101   Applications governed by these rules.

* * * * *
    (h) Applications for Mexico-domiciled motor carriers to operate in 
foreign commerce as common, contract or private motor carriers of 
property (including exempt items) between Mexico and all points in the 
United States. A Mexico-domiciled motor carrier may not provide point-
to-point transportation services, including express delivery services, 
within the United States for goods other than international cargo.
* * * * *

0
5. Amend Sec.  365.101T by revising paragraph (h) to read as follows:


Sec.  365.101T   Applications governed by these rules.

* * * * *
    (h) Applications for Mexico-domiciled motor carriers to operate in 
foreign commerce as for-hire or private motor carriers of property 
(including exempt items) between Mexico and all points in the United 
States. A Mexico-domiciled motor carrier may not provide point-to-point 
transportation services, including express delivery services, within 
the United States for goods other than international cargo.
* * * * *

PART 368--APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE 
IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO 
INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH 
MUNICIPALITIES

0
6. The authority citation for part 368 is revised to read as follows:

    Authority:  49 U.S.C. 13301, 13902, 13908; Pub. L. 106-159, 113 
Stat. 1748; and 49 CFR 1.87.


0
7. Amend Sec.  368.8 as follows:
0
a. Lift the suspension of the section;
0
b. Revise the third sentence; and
0
c. Suspend the section indefinitely.
    The revision reads as follows:


Sec.  368.8   Appeals.

    * * * The appeal must be filed with FMCSA, ATTN: Sec.  368.8 
Appeal, 1200 New Jersey Avenue SE, Washington, DC 20590, within 20 days 
of the date of the letter denying the application.

0
8. Amend Sec.  368.8T by revising the third and fourth sentences to 
read as follows:


Sec.  368.8T   Appeals.

    * * * The appeal must be filed with FMCSA, ATTN: Sec.  368.8 
Appeal, 1200 New Jersey Avenue SE, Washington, DC 20590, within 20 days 
of the date of the letter denying the application. The decision will be 
the final agency order.

[[Page 57069]]

PART 380--SPECIAL TRAINING REQUIREMENTS

0
9. The authority citation for part 380 is revised to read as follows:

    Authority:  49 U.S.C. 31133, 31136, 31305, 31307, 31308, 31502; 
sec. 4007(a) and (b), Pub. L. 102-240, 105 Stat. 1914, 2151-2152; 
sec. 32304, Pub. L. 112-141, 126 Stat. 405, 791; and 49 CFR 1.87.


0
10. Amend Sec.  380.603 by revising paragraph (a)(3) to read as 
follows:


Sec.  380.603  Applicability.

    (a) * * *
    (3) Military personnel with military CMV experience who meet all 
the requirements and conditions of Sec.  383.77 of this chapter; and
* * * * *


Sec.  380.723   [Amended]

0
11. In the table below, for each paragraph of Sec.  380.723 indicated 
in the left column, remove the text indicated in the middle column from 
wherever it appears, and add in its place the text indicated in the 
right column:

------------------------------------------------------------------------
            Paragraph                   Remove                Add
------------------------------------------------------------------------
(a).............................  FMCSA's Director,   FMCSA, ATTN:
                                   Office of           Training Provider
                                   Carrier, Driver,    Registry Removal,
                                   and Vehicle         1200 New Jersey
                                   Safety Standards    Avenue SE,
                                   (Director).         Washington, DC
                                                       20590.
(c) introductory text, (c)(1)(i)  the Director......  FMCSA.
 and (ii), and (c)(2)(i).
(c)(1) introductory text and      The Director......  FMCSA.
 (c)(2)(i) and (ii).
(d) introductory text...........  the FMCSA           FMCSA, ATTN: Sec.
                                   Associate            380.723 Training
                                   Administrator for   Provider Registry
                                   Policy (Associate   Removal
                                   Administrator).     Proceedings, 1200
                                                       New Jersey Avenue
                                                       SE, Washington,
                                                       DC 20590.
(d)(1) and (2)..................  The Associate       FMCSA.
                                   Administrator.
(d)(1) and (2)..................  the Associate       FMCSA.
                                   Administrator.
(e) introductory text and (f)(1)  the Director......  FMCSA.
 and (2).
------------------------------------------------------------------------

Sec.  380.725   [Amended]

0
12. Amend Sec.  380.725 by:
0
a. Removing paragraph (b)(4); and
0
b. Redesignating paragraphs (b)(5) and (6) as paragraphs (b)(4) and 
(5), respectively.

Appendix B to Part 380--[Amended]

0
13. Amend appendix B to part 380 by removing the word ``combination'' 
in unit B1.1.6.

PART 381--WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS

0
14. The authority citation for part 381 is revised to read as follows:

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


0
15. Amend Sec.  381.200 by revising paragraph (c) to read as follows:


Sec.  381.200   What is a waiver?

* * * * *
    (c) A waiver is intended for nonemergency and unique events, and is 
subject to conditions imposed by the Administrator.
* * * * *

PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

0
16. 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
17. Amend Sec.  382.107 by revising the definition of ``Consortium/
Third party administrator (C/TPA)'' to read as follows:


Sec.  382.107   Definitions.

* * * * *
    Consortium/Third party administrator (C/TPA) means a service agent 
that provides or coordinates one or more drug and/or alcohol testing 
services to DOT-regulated employers. C/TPAs typically provide or 
coordinate the provision of a number of such services and perform 
administrative tasks concerning the operation of the employers' drug 
and alcohol testing programs. This term includes, but is not limited 
to, groups of employers who join together to administer, as a single 
entity, the DOT drug and alcohol testing programs of its members (e.g., 
having a combined random testing pool). C/TPAs are not ``employers'' 
for purposes of this part, except as provided in Sec.  382.705(c).
* * * * *


Sec.  382.305   [Amended]

0
18. Amend Sec.  382.305 in paragraph (b)(2) by removing ``25 percent'' 
and adding in its place ``50 percent''.

0
19. Amend Sec.  382.703 by revising paragraph (c) to read as follows:


Sec.  382.703   Driver consent to permit access to information in the 
Clearinghouse.

* * * * *
    (c) No employer may permit a driver to perform a safety-sensitive 
function if the driver refuses to grant the consent required by 
paragraph (a) or (b) of this section.
* * * * *


Sec.  382.717   [Amended]

0
20. In the table below, for each paragraph of Sec.  382.717 indicated 
in the left column, remove the text indicated in the middle column from 
wherever it appears, and add in its place the text indicated in the 
right column:

------------------------------------------------------------------------
            Paragraph                   Remove                Add
------------------------------------------------------------------------
(c).............................  Office of           ATTN: Drug and
                                   Enforcement and     Alcohol
                                   Compliance,         Clearinghouse
                                   Attention: Drug     Petition for
                                   and Alcohol         Review.
                                   Program Manager.
(f)(2)..........................  the Associate       FMCSA, ATTN: Drug
                                   Administrator for   and Alcohol
                                   Enforcement (MC-    Clearinghouse
                                   E).                 Administrative
                                                       Review.
(f)(4)..........................  The Associate       FMCSA's.
                                   Administrator's.
------------------------------------------------------------------------


[[Page 57070]]

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

0
21. 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; and 49 CFR 1.87.


Sec.  383.71   [Amended]

0
22. Amend Sec.  383.71 by:
0
a. Redesignating paragraph (a)(3) as paragraph (a)(10);
0
b. Removing paragraph (a)(1);
0
c. Removing the heading and introductory text to paragraph (a)(2); and
0
d. Redesignating paragraphs (a)(2)(i) through (ix) as paragraphs (a)(1) 
through (9), respectively.

0
23. Amend Sec.  383.73 by:
0
a. Adding introductory text to paragraph (a);
0
b. Removing paragraph (a)(1);
0
c. Removing the heading and introductory text to paragraph (a)(2);
0
d. Redesignating paragraphs (a)(2)(i) through (vii) as paragraphs 
(a)(1) through (7), respectively;
0
e. Revising newly redesignated paragraphs (a)(1) and (6);
0
f. Further redesignating paragraphs (a)(7)(A) and (B) as paragraphs 
(a)(7)(i) and (ii), respectively; and
0
g. Revising paragraphs (o)(4)(i)(A) and (o)(5) and (6).
    The addition and revisions read as follows:


Sec.  383.73   State procedures.

    (a) * * * Prior to issuing a CLP to a person, a State must:
    (1) Require the applicant to make the certifications, pass the 
tests, and provide the information as described in Sec.  383.71(a).
* * * * *
    (6) Require compliance with the standards for providing proof of 
citizenship or lawful permanent residency specified in Sec.  
383.71(a)(5) and proof of State of domicile specified in Sec.  
383.71(a)(6). Exception: A State is required to check the proof of 
citizenship or legal presence specified in this paragraph only for 
initial issuance, renewal or upgrade of a CLP or Non-domiciled CLP and 
for initial issuance, renewal, upgrade or transfer of a CDL or Non-
domiciled CDL for the first time after July 8, 2011, provided a 
notation is made on the driver's record confirming that the proof of 
citizenship or legal presence check required by this paragraph has been 
made and noting the date it was done.
* * * * *
    (o) * * *
    (4) * * *
    (i) * * *
    (A)(1) Before June 23, 2025, notify the CLP or CDL holder of his/
her CLP or CDL ``not-certified'' medical certification status and that 
the CDL privileges will be removed from the CLP or CDL unless the 
driver submits a current medical examiner's certificate and/or medical 
variance, or changes his/her self-certification to driving only in 
excepted or intrastate commerce (if permitted by the State).
    (2) On or after June 23, 2025, notify the CLP or CDL holder of his/
her CLP or CDL ``not-certified'' medical certification status and that 
the CDL privileges will be removed from the CLP or CDL unless the 
driver has been medically examined and certified in accordance with 49 
CFR 391.43 as physically qualified to operate a commercial motor 
vehicle by a medical examiner, as defined in 49 CFR 390.5, or the 
driver changes his/her self-certification to driving only in excepted 
or intrastate commerce (if permitted by the State).
* * * * *
    (5) State contacts for medical variances. FMCSA Medical Programs is 
designated as the keeper of the list of State contacts for receiving 
medical variance information from FMCSA. Beginning January 30, 2012, 
States are responsible for ensuring their medical variance contact 
information is always up-to-date with FMCSA's Medical Programs.
    (6) Conflicting medical certification information. In the event of 
a conflict between the medical certification information provided 
electronically by FMCSA and a paper copy of the medical examiner's 
certificate, the medical certification information provided 
electronically by FMCSA shall control.
* * * * *

PART 385--SAFETY FITNESS PROCEDURES

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

    Authority:  49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113, 
13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec. 
113(a), Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 408, Pub. L. 
104-88, 109 Stat. 803, 958; sec. 350, Pub. L. 107-87, 115 Stat. 833, 
864; sec. 5205, Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 
1.87.


Sec.  385.15   [Amended]

0
25. Amend Sec.  385.15(c) introductory text by removing the words 
``Chief Safety Officer'' and adding in their place the words 
``Assistant Administrator, ATTN: Adjudications Counsel''.


Sec. Sec.  385.113 and 385.711   [Amended]

0
26. In the table below, for each section indicated in the left column, 
remove the text indicated in the middle column from wherever it 
appears, and add in its place the text indicated in the right column:

------------------------------------------------------------------------
         Section                   Remove                   Add
------------------------------------------------------------------------
385.113(b)...............  the Associate           FMCSA, ATTN: Sec.
                            Administrator for       385.113 Request for
                            Enforcement and         Administrative
                            Program Delivery (MC-   Review.
                            E), Federal Motor
                            Carrier Safety
                            Administration.
385.113(d)...............  The Associate           FMCSA's/
                            Administrator's.
385.711(b)...............  the Associate           FMCSA, ATTN: Sec.
                            Administrator for       385.113 Request for
                            Enforcement and         Administrative
                            Program Delivery,       Review.
                            Federal Motor Carrier
                            Safety Administration.
385.711(d)...............  The Associate           FMCSA's.
                            Administrator's.
------------------------------------------------------------------------

Sec.  385.423   [Amended]

0
27. Amend Sec.  385.423 in paragraphs (b), (c)(1) introductory text, 
(c)(1)(i), (c)(3) and (4), (c)(5) introductory text, (c)(5)(ii), and 
(c)(6) and (7) by removing the words ``Chief Safety Officer'' every 
time they appear and adding in their place the words ``Assistant 
Administrator''.

0
28. Amend Sec.  385.903 by revising the definition of ``Agency 
Official'' to read as follows:


Sec.  385.903   Definitions.

* * * * *
    Agency Official means the FMCSA employee with delegated authority 
under this subpart.
* * * * *

[[Page 57071]]


0
29. Amend Sec.  385.1003 by revising the definition of ``Agency 
Official'' to read as follows:


Sec.  385.1003   Definitions.

* * * * *
    Agency Official means the FMCSA employee with delegated authority 
under this subpart.
* * * * *

PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS

0
30. The authority citation for part 386 is revised to read as follows:

    Authority:  28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note, 
31306a; 49 U.S.C. chapters 5, 51, 131-141, 145-149, 311, 313, and 
315; and 49 CFR 1.81, 1.87.


0
31. Amend Sec.  386.2 by:
0
a. Adding a definition of ``Agency decisionmaker'' in alphabetical 
order;
0
b. Revising the definition of ``Assistant Administrator'';
0
c. Removing the definition of ``Decisionmaker''; and
0
d. Revising the definition of ``Field Administrator''.
    The addition and revisions read as follows:


Sec.  386.2   Definitions.

* * * * *
    Agency decisionmaker means the FMCSA official authorized to issue a 
final decision and order of the Agency in an administrative proceeding 
under this part. The Agency decisionmaker is the Assistant 
Administrator or any person to whom this decisionmaking authority has 
been delegated.
    Assistant Administrator means the Assistant Administrator of the 
Federal Motor Carrier Safety Administration or an authorized delegee. 
The Assistant Administrator is the Agency decisionmaker who issues 
final decisions under this part.
* * * * *
    Field Administrator means the head of an FMCSA Service Center who 
has been delegated authority to initiate compliance and enforcement 
actions on behalf of FMCSA or an authorized delegee.
* * * * *

0
32. Amend Sec.  386.3 by revising paragraph (b) to read as follows:


Sec.  386.3   Separation of functions.

* * * * *
    (b) An Agency employee, including those listed in paragraph (c) of 
this section, engaged in the performance of investigative or 
prosecutorial functions in a civil penalty proceeding or in a 
proceeding under Sec.  386.11, Sec.  386.72, or Sec.  386.73 may not, 
in that case or a factually related case, discuss or communicate the 
facts or issues involved with the Agency decisionmaker, Administrative 
Law Judge, Hearing Officer, or others listed in paragraph (d) of this 
section, except as counsel or a witness in the public proceedings. The 
prohibition in this paragraph (b) also includes the staff of those 
covered by this section.
* * * * *


Sec. Sec.  386.11, 386.48, 386.71, 386.72, and 386.73   [Amended]

0
33. In the table below, for each section indicated in the left column, 
remove the text indicated in the middle column from wherever it 
appears, and add in its place the text indicated in the right column:

------------------------------------------------------------------------
           Section                  Remove                 Add
------------------------------------------------------------------------
386.11(a) introductory text..  the Director,     FMCSA.
                                Office of
                                Carrier,
                                Driver, and
                                Vehicle Safety
                                Standards (MC-
                                PS).
386.48.......................  the Director,     FMCSA.
                                Office of
                                Carrier,
                                Driver, and
                                Vehicle Safety
                                Standards (MC-
                                PS).
386.71.......................  the Chief         FMCSA.
                                Counsel.
386.72(b)(1) introductory      the Director of   FMCSA.
 text.                          the Office of
                                Enforcement and
                                Compliance or a
                                Division
                                Administrator,
                                or his or her
                                delegate.
386.73(a) introductory text..  An FMCSA Field    FMCSA.
                                Administrator
                                or the Director
                                of FMCSA's
                                Office of
                                Enforcement and
                                Compliance
                                (Director).
386.73(a) introductory text,   the Field         FMCSA.
 (b) introductory text, (c)     Administrator
 introductory text, (c)(1),     or Director.
 (g)(2), and (h)(3), (5), and
 (6).
386.73(c) introductory text,   The Field         FMCSA.
 (d), (f) introductory text,    Administrator
 (g)(5), and (h)(4).            or Director.
386.73(g)(1) and (h)(1)......  Field             FMCSA official.
                                Administrator
                                or Director.
386.73(g)(7).................  the Field         FMCSA.
                                Administrator
                                or the Director.
------------------------------------------------------------------------

Sec.  386.83   [Amended]

0
34. Amend Sec.  386.83(b)(2) introductory text by removing the words 
``Chief Safety Officer'' and adding in their place the words 
``Assistant Administrator''.


Sec.  386.84   [Amended]

0
35. Amend Sec.  386.84(b)(2) introductory text by removing the words 
``Chief Safety Officer'' and adding in their place the words 
``Assistant Administrator''.

PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR 
CARRIERS

0
36. The authority citation for part 387 is revised to read as follows:

    Authority:  49 U.S.C. 13101, 13301, 13906, 13908, 14701, 31138, 
31139; sec. 204(a), Pub. L. 104-88, 109 Stat. 803, 941; and 49 CFR 
1.87.


0
37. Revise Sec.  387.9 to read as follows:


Sec.  387.9   Financial responsibility, minimum levels.

    The minimum levels of financial responsibility referred to in Sec.  
387.7 are hereby prescribed as follows:

      Table 1 to Sec.   387.9--Schedule of Limits--Public Liability
------------------------------------------------------------------------
       Type of carriage         Commodity transported   January 1, 1985
------------------------------------------------------------------------
(1) For-hire (In interstate or  Property                        $750,000
 foreign commerce, with a        (nonhazardous).
 gross vehicle weight rating
 of 10,001 or more pounds).

[[Page 57072]]

 
(2) For-hire and Private (In    Hazardous substances,          5,000,000
 interstate, foreign, or         as defined in 49 CFR
 intrastate commerce, with a     171.8, transported
 gross vehicle weight rating     in bulk in cargo
 of 10,001 or more pounds).      tanks, portable
                                 tanks, or hopper-
                                 type vehicles with
                                 capacities in bulk;
                                 in bulk Division
                                 1.1, 1.2 or 1.3
                                 materials; Division
                                 2.3, Hazard Zone A
                                 material; in bulk
                                 Division 6.1,
                                 Packing Group I,
                                 Hazard Zone A
                                 material; in bulk
                                 Division 2.1 or 2.2
                                 material; or highway
                                 route controlled
                                 quantities of a
                                 Class 7 material, as
                                 defined in 49 CFR
                                 173.403.
(3) For-hire and Private (In    Oil listed in 49 CFR           1,000,000
 interstate or foreign           172.101; hazardous
 commerce, in any quantity; or   waste, hazardous
 in intrastate commerce, in      materials, or
 bulk only; with a gross         hazardous substances
 vehicle weight rating of        defined in 49 CFR
 10,001 or more pounds).         171.8 and listed in
                                 49 CFR 172.101, but
                                 not mentioned in
                                 entry (2) or (4) of
                                 this table.
(4) For-hire and Private (In    In bulk Division 1.1,          5,000,000
 interstate or foreign           1.2, or 1.3
 commerce, with a gross          material; in bulk
 vehicle weight rating of less   Division 2.3, Hazard
 than 10,001 pounds).            Zone A material; in
                                 bulk Division 6.1,
                                 Packing Group I,
                                 Hazard Zone A
                                 material; or highway
                                 route controlled
                                 quantities of a
                                 Class 7 material as
                                 defined in 49 CFR
                                 173.403.
------------------------------------------------------------------------


0
38. Amend Sec.  387.323 as follows:
0
a. Lift the suspension of the section;
0
b. Revise paragraph (c); and
0
c. Suspend the section indefinitely.
    The revision reads as follows:


Sec.  387.323   Electronic filing of surety bonds, trust fund 
agreements, certificates of insurance and cancellations.

* * * * *
    (c) Filings may be transmitted online via the internet at: https://li-public.fmcsa.dot.gov.
* * * * *

0
39. Amend Sec.  387.323T by revising paragraph (c) introductory text to 
read as follows:


Sec.  387.323T   Electronic filing of surety bonds, trust fund 
agreements, certificates of insurance and cancellations.

* * * * *
    (c) Filings may be transmitted online via the internet at: https://li-public.fmcsa.dot.gov or via American Standard Code Information 
Interchange (ASCII). All ASCII transmission must be in fixed format, 
i.e., all records must have the same number of fields and same length. 
The record layouts for ASCII electronic transactions are described in 
the following table:
* * * * *

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

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

    Authority:  49 U.S.C. 113, 504, 508, 31132, 31133, 31134, 31136, 
31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103-311, 108 
Stat. 1673, 1677; secs. 212 and 217, Pub. L. 106-159, 113 Stat. 
1748, 1766, 1767; sec. 229, Pub. L. 106-159 (as added and 
transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L. 
109-59, 119 Stat. 1144, 1726, 1743, 1744), 113 Stat. 1748, 1773; 
sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; secs. 32101(d) and 
32934, Pub. L. 112-141, 126 Stat. 405, 778, 830; sec. 2, Pub. L. 
113-125, 128 Stat. 1388; secs. 5403, 5518, and 5524, Pub. L. 114-94, 
129 Stat. 1312, 1548, 1558, 1560; sec. 2, Pub. L. 115-105, 131 Stat. 
2263; and 49 CFR 1.81, 1.81a, 1.87.

0
41. Amend Sec.  390.3T by revising the introductory text of paragraph 
(h) to read as follows:


Sec.  390.3T   General applicability.

* * * * *
    (h) Intermodal equipment providers. The rules in the following 
provisions of this subchapter apply to intermodal equipment providers:
* * * * *

0
42. Add Sec.  390.4 to read as follows:


Sec.  390.4   Delegations and redelegations of authority of FMCSA 
employees to perform assigned actions or duties.

    (a) General. FMCSA may apply the guidelines and procedures of this 
section to delegate or redelegate the authority of FMCSA employees to 
perform assigned actions or duties under this chapter.
    (b) FMCSA Administrator authority to delegate and redelegate. (1) 
The FMCSA Administrator is authorized to delegate and redelegate 
authority and authorize successive redelegations.
    (2) The FMCSA Administrator retains concurrent authority to 
exercise or redelegate any authority that he or she has delegated to an 
employee in regulation, directive, or memorandum.
    (c) Redelegations by FMCSA employees. Unless specifically 
prohibited by law, and in consultation with the FMCSA Office of the 
Chief Counsel, an FMCSA employee with delegated authority is authorized 
to--
    (1) Redelegate that authority to another FMCSA employee, as 
appropriate; and
    (2) Maintain concurrent authority to exercise or redelegate the 
authority he or she has delegated to another FMCSA employee.
    (d) Exercise of delegated authority in special circumstances. In 
consultation with the FMCSA Office of the Chief Counsel, if the FMCSA 
employee to whom a regulation assigns the authority to perform an 
action or a duty is unavailable or otherwise unable to perform such 
action or duty (e.g., due to a conflict of interest or a vacancy in the 
position), a supervisor of the FMCSA employee may exercise that 
authority or redelegate such authority to another FMCSA employee, as 
appropriate.
    (e) Format of delegations and redelegations. Delegations and 
redelegations authorized under this section must be in writing and may 
be made by regulation, directive, or memorandum.
    (f) Actions or duties performed under delegated or redelegated 
authority. Each action or duty performed by any FMCSA employee pursuant 
to authority delegated or redelegated to him or her in accordance with 
this section, whether directly or by redelegation, shall be a valid 
exercise of that authority, notwithstanding any regulation that 
provides that such action or duty shall be performed by another FMCSA 
employee.

0
43. Amend Sec.  390.5 as follows:
0
a. Lift the suspension of the section;
0
b. Add the definition of ``Assistant Administrator'' in alphabetical 
order;
0
c. Revise the definitions of ``Emergency'' and ``Exempt intracity 
zone'';

[[Page 57073]]

0
d. Add the definition of ``Field Administrator'' in alphabetical order; 
and
0
e. Suspend the section indefinitely.
    The additions and revisions read as follows:


Sec.  390.5   Definitions.

* * * * *
    Assistant Administrator means the Assistant Administrator of the 
Federal Motor Carrier Safety Administration or an authorized delegee.
* * * * *
    Emergency means any hurricane, tornado, storm (e.g. thunderstorm, 
snowstorm, icestorm, blizzard, sandstorm, etc.), high water, wind-
driven water, tidal wave, tsunami, earthquake, volcanic eruption, mud 
slide, drought, forest fire, explosion, blackout, or other occurrence, 
natural or man-made, which interrupts the delivery of essential 
services (such as, electricity, medical care, sewer, water, 
telecommunications, and telecommunication transmissions) or essential 
supplies (such as, food and fuel) or otherwise immediately threatens 
human life or public welfare, provided such hurricane, tornado, or 
other event results in:
    (1) A declaration of an emergency by the President of the United 
States, the Governor of a State, or their authorized representatives 
having authority to declare emergencies; by FMCSA; or by other Federal, 
State, or local government officials having authority to declare 
emergencies; or
    (2) A request by a police officer for tow trucks to move wrecked or 
disabled motor vehicles.
* * * * *
    Exempt intracity zone means the geographic area of a municipality 
or the commercial zone of that municipality described in appendix A to 
part 372 of this chapter. The term ``exempt intracity zone'' does not 
include any municipality or commercial zone in the State of Hawaii. For 
purposes of Sec.  391.62 of this chapter, a driver may be considered to 
operate a commercial motor vehicle wholly within an exempt intracity 
zone notwithstanding any common control, management, or arrangement for 
a continuous carriage or shipment to or from a point without such zone.
* * * * *
    Field Administrator means the head of an FMCSA Service Center who 
has been delegated authority to initiate compliance and enforcement 
actions on behalf of FMCSA or an authorized delegee.
* * * * *

0
44. Amend Sec.  390.5T by:
0
a. Adding the definition of ``Assistant Administrator'' in alphabetical 
order;
0
b. Revising the definitions of ``Emergency'' and ``Exempt intracity 
zone''; and
0
c. Adding the definition of ``Field Administrator'' in alphabetical 
order.
    The additions and revisions read as follows:


Sec.  390.5T   Definitions.

* * * * *
    Assistant Administrator means the Assistant Administrator of the 
Federal Motor Carrier Safety Administration or an authorized delegee.
* * * * *
    Emergency means any hurricane, tornado, storm (e.g. thunderstorm, 
snowstorm, icestorm, blizzard, sandstorm, etc.), high water, wind-
driven water, tidal wave, tsunami, earthquake, volcanic eruption, mud 
slide, drought, forest fire, explosion, blackout, or other occurrence, 
natural or man-made, which interrupts the delivery of essential 
services (such as, electricity, medical care, sewer, water, 
telecommunications, and telecommunication transmissions) or essential 
supplies (such as, food and fuel) or otherwise immediately threatens 
human life or public welfare, provided such hurricane, tornado, or 
other event results in:
    (1) A declaration of an emergency by the President of the United 
States, the Governor of a State, or their authorized representatives 
having authority to declare emergencies; by FMCSA; or by other Federal, 
State, or local government officials having authority to declare 
emergencies; or
    (2) A request by a police officer for tow trucks to move wrecked or 
disabled motor vehicles.
* * * * *
    Exempt intracity zone means the geographic area of a municipality 
or the commercial zone of that municipality described in appendix A to 
part 372 of this chapter. The term ``exempt intracity zone'' does not 
include any municipality or commercial zone in the State of Hawaii. For 
purposes of Sec.  391.62 of this chapter, a driver may be considered to 
operate a commercial motor vehicle wholly within an exempt intracity 
zone notwithstanding any common control, management, or arrangement for 
a continuous carriage or shipment to or from a point without such zone.
* * * * *
    Field Administrator means the head of an FMCSA Service Center who 
has been delegated authority to initiate compliance and enforcement 
actions on behalf of FMCSA or an authorized delegee.
* * * * *

0
45. Add Sec.  390.8 to subpart A to read as follows:


Sec.  390.8   Separation of functions.

    (a) An Agency employee who has taken an active part in 
investigating, prosecuting, advocating, or making an initial Agency 
determination in a proceeding under Sec.  380.723, Sec.  382.717, Sec.  
390.115, Sec.  390.135, or Sec.  391.47 of this chapter or section 5.4 
to appendix A to subpart B of part 395 of this chapter may not, in that 
case or a factually-related case, advise or assist the Agency official 
authorized to issue a final decision in the applicable proceeding.
    (b) Nothing in this section shall preclude the Agency official 
authorized to issue a final decision or anyone advising that Agency 
official from taking part in a determination to launch an investigation 
or issue a complaint, or similar preliminary decision.


Sec. Sec.  390.23 and 390.25   [Amended]

0
46. In the table below, for each section indicated in the left column, 
remove the text indicated in the middle column from wherever it 
appears, and add in its place the text indicated in the right column:

------------------------------------------------------------------------
             Section                     Remove               Add
------------------------------------------------------------------------
390.23(a)(1)(i)(B) and            The FMCSA Field      FMCSA
 (a)(2)(i)(B).                     Administrator.
390.23(a)(1)(ii)(A) and           the FMCSA Field      FMCSA
 (a)(2)(ii).                       Administrator.
390.25..........................  the FMCSA Field      FMCSA
                                   Administrator.
390.25..........................  The FMCSA Field      FMCSA
                                   Administrator.
------------------------------------------------------------------------


[[Page 57074]]

Sec. Sec.  390.115 and 390.135   [Amended]

0
47. In the table below, for each section indicated in the left column, 
remove the text indicated in the middle column from wherever it 
appears, and add in its place the text indicated in the right column:

------------------------------------------------------------------------
             Section                    Remove                Add
------------------------------------------------------------------------
390.115(a)......................  the FMCSA           FMCSA, ATTN:
                                   Director, Office    Removal from
                                   of Carrier,         National Registry
                                   Driver and          of Certified
                                   Vehicle Safety      Medical
                                   Standards.          Examiners.
390.115(a), (c) introductory      the Director,       FMCSA.
 text, (c)(2)(i), (c)(3),          Office of
 (d)(2)(v), (e), (f)               Carrier, Driver
 introductory text, and (f)(5).    and Vehicle
                                   Safety Standards.
390.115(c)(1) introductory text   The Director,       FMCSA.
 and (c)(2)(i) and (ii).           Office of
                                   Carrier, Driver
                                   and Vehicle
                                   Safety Standards.
390.115(c)(1)(i) and (ii).......  the Director,       FMCSA finds it.
                                   Office of
                                   Carrier, Driver
                                   and Vehicle
                                   Safety Standards
                                   finds FMCSA.
390.115(c)(1)(i) and (ii).......  the Director,       FMCSA will.
                                   Office of
                                   Carrier, Driver
                                   and Vehicle
                                   Safety Standards
                                   will.
390.115(c)(1)(i)................  the Director,       FMCSA modifies.
                                   Office of
                                   Carrier, Driver
                                   and Vehicle
                                   Safety Standards
                                   modifies.
390.115(c)(1)(ii)...............  the Director,       FMCSA affirms.
                                   Office of
                                   Carrier, Driver
                                   and Vehicle
                                   Safety Standards
                                   affirms.
390.115(d) introductory text....  the FMCSA           FMCSA, ATTN:
                                   Associate           National Registry
                                   Administrator for   of Certified
                                   Policy.             Medical
                                                       Examiners--Reques
                                                       t for
                                                       Administrative
                                                       Review.
390.115(d)(1) and (d)(2)          The Associate       FMCSA.
 introductory text.                Administrator.
390.115(d)(1) and (d)(2)          the Associate       FMCSA.
 introductory text.                Administrator.
390.135(a)......................  the FMCSA           FMCSA, ATTN:
                                   Director, Office    Removal from
                                   of Carrier,         National Registry
                                   Driver and          of Certified
                                   Vehicle Safety      Medical
                                   Standards.          Examiners.
390.135(a), (c) introductory      the Director,       FMCSA.
 text, (c)(2)(i), (c)(3),          Office of
 (d)(2)(v), (e), (f)               Carrier, Driver
 introductory text, and (f)(5).    and Vehicle
                                   Safety Standards.
390.135(c)(1) introductory text   The Director,       FMCSA.
 and (c)(2)(i) and (ii).           Office of
                                   Carrier, Driver
                                   and Vehicle
                                   Safety Standards.
390.135(c)(1)(i) and (ii).......  the Director,       FMCSA finds it.
                                   Office of
                                   Carrier, Driver
                                   and Vehicle
                                   Safety Standards
                                   finds FMCSA.
390.135(c)(1)(i) and (ii).......  the Director,       FMCSA will.
                                   Office of
                                   Carrier, Driver
                                   and Vehicle
                                   Safety Standards
                                   will.
390.135(c)(1)(i)................  the Director,       FMCSA modifies.
                                   Office of
                                   Carrier, Driver
                                   and Vehicle
                                   Safety Standards
                                   modifies.
390.135(c)(1)(ii)...............  the Director,       FMCSA affirms.
                                   Office of
                                   Carrier, Driver
                                   and Vehicle
                                   Safety Standards
                                   affirms.
390.135(d) introductory text....  the FMCSA           FMCSA, ATTN:
                                   Associate           National Registry
                                   Administrator for   of Certified
                                   Policy.             Medical
                                                       Examiners--Reques
                                                       t for
                                                       Administrative
                                                       Review.
390.135(d)(1) and (d)(2)          The Associate       FMCSA.
 introductory text.                Administrator.
390.135(d)(1) and (d)(2)          the Associate       FMCSA.
 introductory text.                Administrator.
------------------------------------------------------------------------

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

0
48. The authority citation for part 391 continues to read as follows:

    Authority:  49 U.S.C. 504, 508, 31133, 31136, 31149, 31502; sec. 
4007(b), Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114, Pub. L. 
103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159, 113 Stat. 
1748, 1767; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; secs. 
5403 and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1560; sec. 2, 
Pub. L. 115-105, 131 Stat. 2263; and 49 CFR 1.87.


Sec. Sec.  391.43 and 391.47   [Amended]

0
49. In the table below, for each section indicated in the left column, 
remove the text indicated in the middle column from wherever it 
appears, and add in its place the text indicated in the right column:

------------------------------------------------------------------------
             Section                     Remove               Add
------------------------------------------------------------------------
391.43(g)(5)(i)(A) and (B)......  the Director,        FMCSA.
                                   Office of Carrier,
                                   Driver and Vehicle
                                   Safety Standards.
391.47(c).......................  The Director,        FMCSA.
                                   Office of Carrier,
                                   Driver and Vehicle
                                   Safety Standards.
391.47(c).......................  the Director.......  FMCSA.
391.47(d)(1) and (2) and (f)....  the Director,        FMCSA.
                                   Office of Carrier,
                                   Driver and Vehicle
                                   Safety Standards.
391.47(e).......................  the Director's.....  FMCSA's.
------------------------------------------------------------------------


[[Page 57075]]


0
50. Amend Sec.  391.49 by:
0
a. Revising paragraph (a);
0
b. Removing the heading from paragraph (b);
0
c. Revising paragraphs (b)(2), (c)(1)(i), (c)(2)(i), (c)(4)(i), 
(c)(5)(ii), (d)(1) and (2), (d)(3) introductory text, and (d)(5)(i);
0
d. Removing the heading from paragraph (e);
0
e. Revising paragraphs (e)(1), (g), (h), (i) introductory text, (i)(7), 
(j), and (k).
    The revisions read as follows:


Sec.  391.49   Alternative physical qualification standards for the 
loss or impairment of limbs.

    (a) A person who is not physically qualified to drive under Sec.  
391.41(b)(1) or (2) and who is otherwise qualified to drive a 
commercial motor vehicle, may drive a commercial motor vehicle if FMCSA 
has granted a Skill Performance Evaluation (SPE) Certificate to that 
person.
    (b) * * *
    (2) Application address. The application must be addressed to the 
SPE Certificate Program at the applicable FMCSA service center for the 
State in which the co-applicant motor carrier's principal place of 
business is located. The address of each, and the States serviced, are 
listed in Sec.  390.27 of this chapter.
* * * * *
    (c) * * *
    (1) * * *
    (i) Name and complete address of the motor carrier co-applicant;
* * * * *
    (2) * * *
    (i) State(s) in which the driver will operate for the motor carrier 
co-applicant (if more than 10 States, designate general geographic area 
only);
* * * * *
    (4) * * *
    (i) The co-applicant motor carrier must certify that the driver 
applicant is otherwise qualified under the regulations of this part;
* * * * *
    (5) * * *
    (ii) Motor carrier official's signature (if application has a co-
applicant), title, and date signed. Depending upon the motor carrier's 
organizational structure (corporation, partnership, or proprietorship), 
the signer of the application shall be an officer, partner, or the 
proprietor.
    (d) * * *
    (1) A copy of the Medical Examination Report Form, MCSA-5875, 
documenting the results of the medical examination performed pursuant 
to Sec.  391.43;
    (2) A copy of the Medical Examiner's Certificate, Form MCSA-5876, 
completed pursuant to Sec.  391.43(h);
    (3) A medical evaluation summary completed by either a board 
qualified or board certified physiatrist (doctor of physical medicine) 
or orthopedic surgeon. The co-applicant motor carrier or the driver 
applicant shall provide the physiatrist or orthopedic surgeon with a 
description of the job-related tasks the driver applicant will be 
required to perform;
* * * * *
    (5) * * *
    (i) A copy of the driver applicant's road test administered by the 
motor carrier co-applicant and the certificate issued pursuant to Sec.  
391.31(b) through (g); or
* * * * *
    (e) * * *
    (1) File promptly (within 30 days of the involved incident) with 
the SPE Certificate Program, FMCSA service center, such documents and 
information as may be required about driving activities, accidents, 
arrests, license suspensions, revocations, or withdrawals, and 
convictions which involve the driver applicant. This paragraph (e)(1) 
applies whether the driver SPE certificate is a unilateral one or has a 
co-applicant motor carrier;
    (i) A motor carrier who is a co-applicant must file the required 
documents with the SPE Certificate Program, FMCSA service center, for 
the State in which the carrier's principal place of business is 
located; or
    (ii) A motor carrier who employs a driver who has been issued a 
unilateral SPE certificate must file the required documents with the 
SPE Certificate Program, FMCSA service center, for the State in which 
the driver has legal residence.
* * * * *
    (g) FMCSA may require the driver applicant to demonstrate his or 
her ability to safely operate the commercial motor vehicle(s) the 
driver intends to drive to an agent of FMCSA. The SPE certificate form 
will identify the power unit (bus, truck, truck tractor) for which the 
SPE certificate has been granted. The SPE certificate forms will also 
identify the trailer type used in the Skill Performance Evaluation; 
however, the SPE certificate is not limited to that specific trailer 
type. A driver may use the SPE certificate with other trailer types if 
a successful trailer road test is completed in accordance with 
paragraph (e)(2) of this section. Job tasks, as stated in paragraph 
(e)(3) of this section, are not evaluated during the Skill Performance 
Evaluation.
    (h) FMCSA may deny the application for SPE certificate or may grant 
it totally or in part and issue the SPE certificate subject to such 
terms, conditions, and limitations as deemed consistent with the public 
interest. The SPE certificate is valid for a period not to exceed 2 
years from date of issue, and may be renewed 30 days prior to the 
expiration date.
    (i) The SPE certificate renewal application shall be submitted to 
the SPE Certificate Program, FMCSA service center, for the State in 
which the driver has legal residence, if the SPE certificate was issued 
unilaterally. If the SPE certificate has a co-applicant, then the 
renewal application is submitted to the SPE Certificate Program, FMCSA 
service center, for the State in which the co-applicant motor carrier's 
principal place of business is located. The SPE certificate renewal 
application shall contain the following:
* * * * *
    (7) A current Medical Examination Report Form, MCSA-5875;
* * * * *
    (j)(1) Upon granting an SPE certificate, FMCSA will notify the 
driver applicant and co-applicant motor carrier (if applicable) by 
letter. The terms, conditions, and limitations of the SPE certificate 
will be set forth. A motor carrier shall maintain a copy of the SPE 
certificate in its driver qualification file. A copy of the SPE 
certificate shall be retained in the motor carrier's file for a period 
of 3 years after the driver's employment is terminated. The driver 
applicant shall have the SPE certificate (or a legible copy) in his/her 
possession whenever on duty.
    (2) Upon successful completion of the skill performance evaluation, 
FMCSA must notify the driver by letter and enclose an SPE certificate 
substantially in the following form:

Skill Performance Evaluation Certificate

Name of Issuing Agency:------------------------------------------------
Agency Address:--------------------------------------------------------
Telephone Number: ( )--------------------------------------------------
Issued Under 49 CFR 391.49, subchapter B of the Federal Motor 
Carrier Safety Regulations

Driver's Name:---------------------------------------------------------
Effective Date:--------------------------------------------------------
SSN:-------------------------------------------------------------------
DOB:-------------------------------------------------------------------
Expiration Date:-------------------------------------------------------
Address:---------------------------------------------------------------
Driver Disability:-----------------------------------------------------
Check One: ___New ___Renewal
Driver's License:------------------------------------------------------
(State) (Number)

    In accordance with 49 CFR 391.49, subchapter B of the Federal 
Motor Carrier Safety Regulations (FMCSRs), the driver application 
for a skill performance evaluation (SPE) certificate is hereby 
granted authorizing the above-named driver to operate in interstate 
or foreign commerce under the provisions set forth below. This

[[Page 57076]]

certificate is granted for the period shown above, not to exceed 2 
years, subject to periodic review as may be found necessary. This 
certificate may be renewed upon submission of a renewal application. 
Continuation of this certificate is dependent upon strict adherence 
by the above-named driver to the provisions set forth below and 
compliance with the FMCSRs. Any failure to comply with provisions 
herein may be cause for cancellation.
    CONDITIONS: As a condition of this certificate, reports of all 
accidents, arrests, suspensions, revocations, withdrawals of driver 
licenses or permits, and convictions involving the above-named 
driver shall be reported in writing to the Issuing Agency by the 
EMPLOYING MOTOR CARRIER within 30 days after occurrence.
    LIMITATIONS:
1. Vehicle Type (power unit):*-----------------------------------------
2. Vehicle modification(s):--------------------------------------------
3. Prosthetic or Orthotic device(s) (Required to be Worn While 
Driving):--------------------------------------------------------------
4. Additional Provision(s):--------------------------------------------

    NOTICE: To all MOTOR CARRIERS employing a driver with an SPE 
certificate. This certificate is granted for the operation of the 
power unit only. It is the responsibility of the employing motor 
carrier to evaluate the driver with a road test using the trailer 
type(s) the motor carrier intends the driver to transport, or in 
lieu of, accept the trailer road test done during the SPE if it is a 
similar trailer type(s) to that of the prospective motor carrier. 
Also, it is the responsibility of the employing motor carrier to 
evaluate the driver for those non-driving safety-related job tasks 
associated with the type of trailer(s) utilized, as well as, any 
other non-driving safety-related or job-related tasks unique to the 
operations of the employing motor carrier.
    The SPE of the above-named driver was given by an SPE Evaluator. 
It was successfully completed utilizing the above-named power unit 
and ____ (trailer, if applicable)
    The tractor or truck had a ____ transmission.
Please read the NOTICE paragraph above.
Name:------------------------------------------------------------------
Signature:-------------------------------------------------------------
Title:-----------------------------------------------------------------
Date:------------------------------------------------------------------

    (k) FMCSA may revoke an SPE certificate after the person to whom it 
was issued is given notice of the proposed revocation and has been 
allowed a reasonable opportunity to appeal.
* * * * *

0
51. Amend Sec.  391.51 by revising paragraph (b)(8) to read as follows:


Sec.  391.51   General requirements for driver qualification files.

* * * * *
    (b) * * *
    (8) A Skill Performance Evaluation Certificate issued by FMCSA in 
accordance with Sec.  391.49; or the Medical Exemption document issued 
by a Federal medical program in accordance with part 381 of this 
chapter; and
* * * * *

0
52. Revise Sec.  391.61 to read as follows:


Sec.  391.61   Drivers who were regularly employed before January 1, 
1971.

    The provisions of Sec. Sec.  391.21 (relating to applications for 
employment), 391.23 (relating to investigations and inquiries), and 
391.31 (relating to road tests) do not apply to a driver who has been a 
single-employer driver (as defined in Sec.  390.5 of this subchapter) 
of a motor carrier for a continuous period which began before January 
1, 1971, as long as he/she continues to be a single-employer driver of 
that motor carrier.

PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

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

    Authority:  49 U.S.C. 31136, 31151, 31502; sec. 1041(b), Pub. L. 
102-240, 105 Stat. 1914, 1993; secs. 5301 and 5524, Pub. L. 114-94, 
129 Stat. 1312, 1543, 1560; and 49 CFR 1.87.


0
54. Amend Sec.  393.47(e)(1) in the table titled ``Clamp-Type Brake 
Chambers'' by revising the entry for type 36 chambers to read as 
follows:


Sec.  393.47   Brake actuators, slack adjusters, linings/pads and 
drums/rotors.

* * * * *
    (e) * * *
    (1) * * *

                                                                Clamp-Type Brake Chambers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                              Brake readjustment limit:      Brake readjustment limit:
                            Type                                    Outside diameter           standard stroke chamber          long stroke chamber
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
36.........................................................                9 in. (229 mm)           2\1/2\ in. (63.5 mm)
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  393.71   [Amended]

0
55. Amend Sec.  393.71 by removing the word ``insure'' adding in its 
place the word ``ensure'' in paragraphs (h)(1) introductory text, 
(j)(5)(i), (k)(2), and (k)(3)(i).

PART 395--HOURS OF SERVICE OF DRIVERS

0
56. The authority citation for part 395 is revised to read as follows:

    Authority:  49 U.S.C. 504, 21104(e), 31133, 31136, 31137, 31502; 
sec. 113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 
106-159 (as added and transferred by sec. 4115 and amended by secs. 
4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744), 113 
Stat. 1748, 1773; sec. 4133, Pub. L. 109-59, 119 Stat. 1144, 1744; 
sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5206(b), Pub. 
L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.


0
57. Amend Sec.  395.13 by revising the section heading and paragraphs 
(a), (c)(1)(i) and (ii), and (d)(1) through (3) to read as follows:


Sec.  395.13   Drivers ordered out of service.

    (a) Authority to order drivers out of service. Every special agent 
of the Federal Motor Carrier Safety Administration (as defined in 
appendix B to this subchapter) is authorized to order a driver out of 
service and to notify the motor carrier of that order, upon finding at 
the time and place of examination that the driver has violated the out-
of- service criteria as set forth in paragraph (b) of this section.
* * * * *
    (c) * * *
    (1) * * *
    (i) Require or permit a driver who has been ordered out of service 
to operate a commercial motor vehicle until that driver may lawfully do 
so under the rules in this part.
    (ii) Require a driver who has been ordered out of service for 
failure to prepare a record of duty status to operate a commercial 
motor vehicle until that driver has been off duty for the appropriate 
number of consecutive hours required by this part and is in compliance 
with this section. The appropriate consecutive hours off duty may 
include sleeper berth time.
* * * * *
    (d) * * *
    (1) No driver who has been ordered out of service shall operate a 
commercial motor vehicle until that driver may lawfully do so under the 
rules of this part.

[[Page 57077]]

    (2) No driver who has been ordered out of service, for failing to 
prepare a record of duty status, shall operate a commercial motor 
vehicle until the driver has been off duty for the appropriate number 
of consecutive hours required by this part and is in compliance with 
this section.
    (3) A driver to whom a form has been tendered ordering the driver 
out of service shall within 24 hours thereafter deliver or mail the 
copy to a person or place designated by the motor carrier to receive 
it.
* * * * *

0
58. Amend appendix A to subpart B of part 395 as follows:
0
a. In the table below, for each section indicated in the left column, 
remove the text indicated in the middle column from wherever it 
appears, and add in its place the text indicated in the right column:

------------------------------------------------------------------------
            Section                     Remove                 Add
------------------------------------------------------------------------
5.4.3 introductory text.......  the Director, Office    FMCSA.
                                 of Carrier Driver,
                                 and Vehicle Safety
                                 Standards.
5.4.4(b)......................  the Director, Office    FMCSA.
                                 of Carrier, Driver,
                                 and Vehicle Safety
                                 Standards.
5.4.4(c)......................  the Director..........  FMCSA.
5.4.4(d)......................  The Director, Office    FMCSA.
                                 of Carrier, Driver,
                                 and Vehicle Safety
                                 Standards.
5.4.4(d)......................  the Director..........  FMCSA.
5.4.5(b)......................  the FMCSA Associate     FMCSA, ATTN: ELD
                                 Administrator for       Removal--Reques
                                 Policy.                 t for
                                                         Administrative
                                                         Review.
5.4.5(c) and (d)..............  The Associate           FMCSA.
                                 Administrator.
5.4.5(c)......................  the Associate           FMCSA.
                                 Administrator.
------------------------------------------------------------------------

0
b. In section 7.19, revise the entry for ``Data Range''.
    The revision reads as follows:

Appendix A to Subpart B of Part 395--Functional Specifications for All 
Electronic Logging Devices (ELDs)

* * * * *
    7.19. * * *
    Data Range: For <{Total{time}  Engine hours>, range is between 0.0 
and 99999.9; for <{Elapsed{time}  Engine hours>, range is between 0.0 
and 99999.9.
* * * * *

PART 396--INSPECTION, REPAIR, AND MAINTENANCE

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

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


Sec. Sec.  396.17, 396.19, and 396.21   [Amended]

0
60. In the table below, for each section indicated in the left column, 
remove the text indicated in the middle column from wherever it 
appears, and in its place add the text indicated in the right column:

----------------------------------------------------------------------------------------------------------------
                 Section                             Remove                               Add
----------------------------------------------------------------------------------------------------------------
396.17(a), (c) introductory text, and     appendix G of this           appendix A to this part.
 (f).                                      subchapter.
396.17(g)...............................  appendix G to this           appendix A to this part.
                                           subchapter.
396.19(a)(1)............................  appendix G of this           appendix A to this part.
                                           subchapter.
396.21(a)(5)............................  appendix G to this           appendix A to this part.
                                           subchapter.
----------------------------------------------------------------------------------------------------------------


0
61. Amend newly redesignated appendix A to part 396 in section 1 in the 
table titled ``Clamp-Type Brake Chambers'' by revising the entry for 
type 36 chambers to read as follows:

Appendix A to Part 396--Minimum Periodic Inspection Standards

* * * * *
    1. * * *

                        Clamp-Type Brake Chambers
------------------------------------------------------------------------
                                             Brake
                                          readjustment        Brake
         Type              Outside           limit:        readjustment
                           diameter     standard stroke    limit:  long
                                            chamber       stroke chamber
------------------------------------------------------------------------
 
                              * * * * * * *
36...................  9 in. (229 mm).  2 \1/2\ in.
                                         (63.5 mm).
------------------------------------------------------------------------

* * * * *

PART 398--TRANSPORTATION OF MIGRANT WORKERS

0
62. The authority citation for part 398 is revised to read as follows:

    Authority:  49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502, 
31504; sec. 204, Pub. L. 104-88, 109 Stat. 803, 941; sec. 212, Pub. 
L. 106-159, 113 Stat. 1748, 1766; and 49 CFR 1.87.


Sec.  398.4   [Amended]

0
63. Amend Sec.  398.4 by removing the word ``insure'' and adding in its 
place the word ``ensure'' in paragraph (a).


Sec.  398.7   [Amended]

0
64. Amend Sec.  398.7 by removing the word ``insure'' and adding in its 
place the word ``ensure.''

    Issued under authority delegated in 49 CFR 1.87.
John Van Steenburg,
Executive Director.
[FR Doc. 2021-21228 Filed 10-13-21; 8:45 am]
BILLING CODE 4910-EX-P

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