Federal Motor Carrier Safety Regulations; Correction, 1908 [2025-00212]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Rules and Regulations]
[Page 1908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00212]



[[Page 1908]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 387 and 397

[Docket No. FMCSA-2024-0201]
RIN 2126-AC66


Federal Motor Carrier Safety Regulations; Correction

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

ACTION: Final rule; correcting amendments.

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SUMMARY: In a final rule published in the Federal Register on November 
18, 2024, FMCSA amended its regulations by making technical corrections 
throughout the Federal Motor Carrier Safety Regulations (FMCSRs). The 
final rule included an amendatory instruction to revise a stayed 
section without first lifting the stay. The final rule also included an 
amendatory instruction which referenced an incorrect paragraph letter. 
The Agency corrects these errors.

DATES: This correction is effective January 10, 2025.

FOR FURTHER INFORMATION CONTACT: Mr. Nicholas Lockhart, Regulatory 
Development Division, Office of Policy, FMCSA, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001; (202) 366-2219; 
[email protected].

SUPPLEMENTARY INFORMATION: On November 18, 2024, FMCSA published a 
final rule (89 FR 90608) that amended its regulations by making 
technical corrections throughout the FMCSRs. The rule made minor 
changes to correct inadvertent errors and omissions, remove or update 
obsolete references, and improve the clarity and consistency of certain 
regulatory provisions. The rule also made a change to its rules of 
organization, procedures, and practice. Through this document, FMCSA 
provides amendments to correct two errors in that final rule.
    First, through amendatory instruction no. 107 in the final rule, 
the Agency sought to revise Sec.  387.307, which is stayed, without 
first lifting the stay. The Agency corrects this error by providing a 
new instruction to lift the stay, revise the section, and stay the 
section. The revisions to Sec.  387.307 are the same revisions 
described in the final rule (89 FR 90608, 90613). Since the final rule 
published, the Agency has published another final rule amending Sec.  
387.307, titled ``Broker and Freight Forwarder Financial 
Responsibility; Extension of Compliance Date'' (89 FR 107021, Dec. 31, 
2024). That rule changed the date on which the stay of Sec.  387.307 
will be lifted, from January 16, 2025, to January 16, 2026. 
Accordingly, the Agency's instruction in this correction stays Sec.  
387.307 until January 16, 2026.
    Second, through amendatory instruction no. 152 in the final rule, 
the Agency sought to revise paragraph (2) of the definition of 
``Commerce'' in Sec.  397.65. The instruction contained a typographical 
error that referenced paragraph (s) instead of paragraph (2). The 
Agency corrects this error by providing a new instruction that 
references paragraph (2).

List of Subjects

49 CFR Part 387

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

49 CFR Part 397

    Administrative practice and procedure, Hazardous materials 
transportation, Highway safety, Intergovernmental relations, Motor 
carriers, Parking, Radioactive materials, Reporting and recordkeeping 
requirements, Rubber and rubber products.

    In consideration of the foregoing, FMCSA amends 49 CFR parts 387 
and 397 by making the following correcting amendments:

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

0
1. The authority citation for part 387 continues 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
2. Amend Sec.  387.307 by:
0
a. Lifting the stay of the section;
0
b. Revising paragraphs (e)(5) and (6); and
0
c. Staying the section until January 16, 2026.
    The revisions read as follows:


Sec.  387.307  Property broker surety bond or trust fund.

* * * * *
    (e) * * *
    (5) Upon notification by the surety company or financial 
institution in accordance with paragraphs (e)(1) through (4) of this 
section, FMCSA will provide written notice to the broker that its 
operating authority registration issued pursuant to part 365 of this 
chapter will be suspended within 7 business days of service of the 
notice unless the broker provides written evidence to FMCSA that the 
notification was sent in error, the surety bond or trust fund has been 
restored to the $75,000 amount required by this section, or the pending 
claims have been satisfied without the use of surety bond or trust fund 
assets. FMCSA will consider such evidence and provide written notice to 
the broker of its determination.
    (6) If the broker fails to respond to the notice within 7 business 
days of service of the notice, FMCSA will enter a suspension of the 
broker's authority and provide written notice to the broker that the 
suspension is in effect. A broker whose authority has been suspended 
may request that FMCSA lift the suspension by providing written 
evidence that the notification was sent in error; the surety bond or 
trust fund has been restored to the $75,000 amount required by this 
section; or the pending claims have been satisfied without the use of 
surety bond or trust fund assets. FMCSA will consider such evidence and 
provide written notice to the broker of its determination.
* * * * *

PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND 
PARKING RULES

0
3. The authority citation for part 397 continues to read as follows:

    Authority: 49 U.S.C. 322; 49 CFR 1.87. Subpart A also issued 
under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.97. Subparts C, D, 
and E also issued under 49 U.S.C. 5112, 5125.


Sec.  397.65  [Amended]

0
4. Amend Sec.  397.65 in paragraph (2) of the definition of 
``Commerce'', by removing the text ``subparagraph (a)'' and adding in 
its place the text ``paragraph (1) of this definition''.

    Issued under authority delegated in 49 CFR 1.87.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2025-00212 Filed 1-8-25; 8:45 am]
BILLING CODE 4910-EX-P