80 FR 59065 - General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 80, Issue 190 (October 1, 2015)
Federal Motor Carrier Safety Administration
Federal Register Volume 80, Issue 190 (October 1, 2015)
| Page Range | 59065-59075 | |
| FR Document | 2015-24635 |
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)] [Rules and Regulations] [Pages 59065-59075] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24635] [[Page 59065]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 350, 365, 375, 377, 381, 383, 384, 385, 387, 389, 390, 391, 393, 395, 396, 397, and Appendix F to Subchapter B of Chapter III [Docket No. FMCSA-2015-0207] RIN 2126-AB83 General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: FMCSA amends its regulations by making technical corrections and ministerial corrections throughout title 49 of the Code of Federal Regulations (CFR), subtitle B, chapter III. The Agency is making minor changes to correct errors and omissions, ensure conformity with Office of the Federal Register style guidelines, update cross references, restore an inadvertent deletion of the reference to an Underwriters Laboratories' standard, and improve clarity and consistency of certain regulatory provisions. This rule does not make any substantive changes to the affected regulations, except to remove one obsolete provision. DATES: The final rule is effective October 1, 2015. FOR FURTHER INFORMATION CONTACT: Mr. David Miller, Federal Motor Carrier Safety Administration, Regulatory Development Division, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, by telephone at (202) 366-5370 or via email at [email protected]. Office hours are from 9 a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Legal Basis for the Rulemaking Congress delegated certain powers to regulate interstate commerce to the United States Department of Transportation (DOT or Department) in numerous pieces of legislation, most notably in section 6 of the Department of Transportation Act (DOT Act) (Pub. L. 85-670, 80 Stat. 931 (1966)). Section 55 of the DOT Act transferred to the Department the authority of the former Interstate Commerce Commission (ICC) to regulate the qualifications and maximum hours-of-service of employees, the safety of operations, and the equipment of motor carriers in interstate commerce. See 49 United States Code (U.S.C.) 104. This authority, first granted to the ICC in the Motor Carrier Act of 1935 (Pub. L. 74-255, 49 Stat. 543, Aug. 9, 1935), now appears in 49 U.S.C. chapter 315. The regulations issued under this authority became known as the Federal Motor Carrier Safety Regulations (FMCSRs), appearing generally at 49 CFR parts 350-399. The administrative powers to enforce chapter 315 were also transferred from the ICC to the DOT in 1966 and appear in 49 U.S.C. chapter 5. The Secretary of the DOT (Secretary) delegated oversight of these provisions to the Federal Highway Administration (FHWA), a predecessor agency of FMCSA. The FMCSA Administrator has been delegated authority under 49 CFR 1.87 to carry out the motor carrier functions vested in the Secretary. Between 1984 and 1999, a number of statutes added to FHWA's authority. Various statutes authorize the enforcement of the FMCSRs, the Hazardous Materials Regulations (HMRs), and the Commercial Regulations, and provide both civil and criminal penalties for violations of these requirements. These statutes include the Motor Carrier Safety Act of 1984 (Pub. L. 98-554, 98 Stat. 2832, Oct. 30, 1984), codified at 49 U.S.C. chapter 311, subchapter III (MCSA); the Commercial Motor Vehicle Safety Act of 1986 (Pub. L. 99-570, 100 Stat. 3207-170, Oct. 27, 1986), codified at 49 U.S.C. chapter 313; the Hazardous Materials Transportation Uniform Safety Act of 1990, as amended (Pub. L. 101-615, 104 Stat. 3244, Nov. 16, 1990), codified at 49 U.S.C. chapter 51; and the ICC Termination Act of 1995 (Pub. L. 104- 88, 109 Stat. 803, Dec. 29, 1995), codified at 49 U.S.C. chapters 131- 149. The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L. 106-159, 113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new operating administration within DOT, effective January 1, 2000. The motor carrier safety responsibilities previously assigned to both ICC and FHWA are now assigned to FMCSA. Congress expanded, modified, and amended FMCSA's authority in the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 (Pub. L. 107-56, 115 Stat. 272, Oct. 26, 2001), the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144, Aug. 10, 2005), the SAFETEA-LU Technical Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572, June 6, 2008), and the Moving Ahead for Progress in the 21st Century Act (MAP-21) (Pub. L. 112-141, 126 Stat. 405, July 6, 2012). The specific regulations amended by this rule are based on the statutes detailed above. Generally, the legal authority for each of those provisions was explained when the requirement was originally adopted and is noted at the beginning of each part in title 49 of the CFR. Title 49 CFR subtitle B, chapter III, contains all of the FMCSRs. The Administrative Procedure Act (APA) (5 U.S.C. 551-706) specifically provides exceptions to its notice and public comment rulemaking procedures where the Agency finds there is good cause (and incorporates the finding and a brief statement of reasons therefore in the rules issued) to dispense with them. Generally, good cause exists where the Agency determines that notice and public procedures are impractical, unnecessary, or contrary to the public interest (5 U.S.C. 553(b)(3)(B)). The amendments made in this final rule merely correct inadvertent errors and omissions, remove or update obsolete references, and make minor changes to improve clarity and consistency. The technical amendments do not impose any new requirements, nor do they make any substantive changes to the CFR. For these reasons, FMCSA finds good cause that notice and public comment on this final rule is unnecessary. The APA also allows agencies to make rules effective upon publication with good cause (5 U.S.C. 553 (d)(3)), instead of requiring publication 30 days prior to the effective date. For the reasons already stated, FMCSA finds there is good cause for this rule to be effective on the date of publication in the Federal Register. Background This document makes editorial changes to correct inaccurate references and citations, improve clarity, and fix errors. The reasons for each of these minor revisions are set out below, in a section-by- section description of the changes. These amendments do not impose any new requirements, nor (with one exception) do they make substantive changes to the CFR. [[Page 59066]] Section-by-Section Analysis This section-by-section analysis describes the technical amendment provisions and corrections in numerical order. Part 350 Section 350.105. Under the section for ``Definitions,'' the term ``Basic Program Funds'' is defined to mean total Motor Carrier Safety Assistance Program (MCSAP) funds less other funds, including ``Border Activity Funds.'' An October 1, 2012 (77 FR 59823) rulemaking, however, deleted the definition of ``Border Activity Funds'' because a statute mandated that such funds be removed from MCSAP. Therefore, FMCSA removes the words ``Border Activity'' from the definition of ``Basic Program Funds.'' In addition, the SAFETEA-LU amendments, published July 5, 2007 (72 FR 36760), added ``New Entrant'' funds as a set aside of up to $29,000,000 from MCSAP grant funds per fiscal year, making grants available from this amount to State and local governments for new entrant motor carrier audits without requiring a matching contribution from such governments. Although references to new entrant funds were added in various places in that final rule, the term was not added to the definition of the term ``Basic Program Funds'' as one of the funds to be subtracted from total MCSAP funds--similar to High Priority Activity, Administrative Takedown, and Incentive Funds. Therefore, Agency adds the term ``New Entrant'' to the definition of ``Basic Program Funds.'' Section 350.201. This section answers the question ``What conditions must a State meet to qualify for Basic Program Funds?'' MAP- 21 added a 26th condition in paragraph (z); but the October 1, 2013 (78 FR 60226, at 60230), rule did not update the introductory phrase to change the 25 conditions to 26 conditions. This final rule adds the reference to the 26th condition to the introductory text of the section. Paragraph (y) requires the State to ensure that bus inspections are conducted at a location such as ``a border maintenance facility, . . . or other location'' where motor carriers make planned stops. However, the correct phrase in SAFETEA-LU is ``border crossing, maintenance facility, . . . or other locations.'' The July 5, 2007 (72 FR 36769) rule, which added Sec. 350.201(y), inadvertently omitted the word ``crossing,'' which FMCSA adds through this technical amendment. Part 365 Section 365.503. Paragraph (d) references an outdated universal resource locator (URL) on the Internet. The correct URL, which is http://www.fmcsa.dot.gov/mission/forms, replaces the current reference. Part 375 Section 375.201. Paragraph (d) references Sec. 375.303(g), but paragraph (g) was redesignated as Sec. 375.303(c)(5) on March 5, 2004 (69 FR 10575). This technical amendment replaces the reference to Sec. 375.303(g) with Sec. 375.303(c)(5). Section 375.501. This section answers the question ``Must I write up an order for service?'' Paragraph (h) states that the valuation statement can be included in the bill of lading or order for service. On January 12, 2012, the Surface Transportation Board (STB) served a decision amending its released rates order. See ``Released Rates of Motor Common Carriers of Household Goods,'' Surface Transportation Board, Docket No. RR 999 (Amendment No. 5), Order, January 10, 2012. Among other things, that decision directed household goods motor carriers to provide the STB's required valuation statement on the shipper's bill of lading. To conform part 375 to these changes, FMCSA published a final rule amending Sec. 375.505(b)(12) and removing Sec. 375.505(e), both of which previously stated that the carrier had the option of including the valuation statement on either the bill of lading or order for service. See ``Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations: Released Rates of Motor Carriers of Household Goods,'' Docket No. FMCSA-2012-0101, 77 FR 25371, April 30, 2012. New Sec. 375.505(b)(12) no longer includes any language granting the choice and Sec. 375.505(e) no longer exists. Therefore, this technical amendment removes the language granting the choice and requires household goods motor carriers to provide the STB's required valuation statement on the shipper's bill of lading only. Section 375.505. Both the eCFR version and the printed CFR version show paragraph (b)(12) incorrectly labeled. Paragraph (b)(12) should just be labeled (12). The extra (b) in front of (12) is removed. Appendix A, Subpart A, Definitions. For the most part, the definitions in Appendix A mirror the definitions in Sec. 375.103. The definition of ``Advertisement'' in Sec. 375.103 was updated on October 1, 2012 (77 FR 59823), to include the motor carrier's name and address on an Internet Web site (``or displayed on an Internet Web site''). FMCSA updates the definition in the appendix to conform with Sec. 375.103. Part 377 Section 377.211. This section contains a cross-reference to Sec. 386.32(a), but that section no longer exists. It was removed by a May 18, 2005 (70 FR 28475) rule and the provision's language was moved to Sec. 386.8. This technical amendment replaces the reference to Sec. 386.32(a) with a reference to Sec. 386.8. Part 381 Section 381.110. In the definition for ``FMCSRs,'' this section contains a reference to Sec. 385.21, but that section was removed on June 2, 2000 (65 FR 35295), and its requirements were combined with those of former Sec. 385.23 in a new Sec. 390.19. FMCSA corrects this error by changing the reference to ``Sec. 390.19.'' Part 383 Section 383.5. On October 2, 2014 (79 FR 59455), FMCSA incorrectly revised the definition of ``Commercial motor vehicle (CMV)'' in Sec. 383.5. The revision added paragraphs (1), (2), and (3) for Groups A, B, and C, respectively. Paragraph (3) was further divided into three definitions of a Group C vehicle, designated as paragraphs (3)(i), (ii), and (iii). This part of the revised CMV definition now says: ``Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a * * * (3) Small Vehicle (Group C)--(i) that does not meet Group A or B requirements; (ii) Is designed to transport 16 or more passengers, including the driver; or (iii) Is of any size and is used in the transportation of hazardous materials as defined in this section.'' The ``or'' between paragraphs (3)(ii) and (3)(iii), in italic above, means that paragraphs (3)(i), (ii), and (iii) are alternative definitions of a Group C vehicle, which is clearly not the case. There should be only two alternative definitions. Instead, paragraph (3) of the definition of ``commercial motor vehicle'' in Sec. 383.5 should mirror the definition of a Group C vehicle in Sec. 383.91(a)(3): ``(3) Small Vehicle (Group C)--Any single vehicle, or combination of vehicles, that meets neither the definition of Group A nor that of Group B as contained in this section, but that either is designed to transport 16 or more passengers including the driver, or is used in the transportation of materials found to be [[Page 59067]] hazardous for the purposes of the hazardous materials as defined in Sec. 383.5.'' The definition of the term ``commercial motor vehicle'' in Sec. 383.5 is corrected to clarify that there are only two alternative definitions for a Group C vehicle. See below for a change to Sec. 383.91(a)(3), which was referenced in this explanation. In addition, in the definitions for ``Alcohol or alcoholic beverage,'' ``Commerce,'' and ``Driving a commercial motor vehicle while under the influence of alcohol,'' paragraphs are renumbered to conform to current Federal Register style. A cross reference and a grammatical correction are also made in the definition for ``Commerce.'' Section 383.71. A number of amendments in the September 24, 2013 (78 FR 58470), technical amendments rule were incorporated into the CFR incorrectly, and are corrected in this rule. The following corrections comport with the September 24, 2013 (78 FR 58470) technical amendment. In paragraphs (a)(1) introductory text and (a)(2) introductory text, the Agency removes the date ``July 8, 2014'' in every place it appears and replaces it with ``July 8, 2015.'' In paragraph (g), FMCSA replaces the reference to ``Sec. 383.71'' with a reference to ``Sec. 383.71(b)(1).'' Also in paragraph (g), FMCSA removes the phrase ``on or after January 30, 2012, but not later than January 30, 2014'' because the requirement has been in effect for nearly 2 years since the 2014 ``not later than'' date and it is no longer needed. Section 383.72. This section cross-references ``Sec. 383.51(b), Table 1, item (4),'' however, this does not follow the same format as other cross-references to Sec. 383.51 tables. FMCSA revises Sec. 383.72 to change the format of the cross-reference to ``item (4) of Table 1 to Sec. 383.51 of this subpart''. Section 383.73. The following correction comports with the September 24, 2013 (78 FR 58470) technical amendment. In paragraph (a)(2) introductory text, FMCSA removes the date ``July 8, 2014'' in every place it appears and replaces it with ``July 8, 2015.'' Section 383.91. FMCSA corrects paragraph (a)(3) by removing the phrase ``materials found to be hazardous for the purposes of the'', which was inadvertently not deleted from the CFR when the paragraph was revised in an October 1, 2012 (77 FR 59825) rulemaking. Part 384 Section 384.222. The following correction comports with the September 24, 2013 (78 FR 58470) technical amendment. During the codification process, the correct new reference to ``Sec. 383.37(d)'' was added, but the old reference to ``Sec. 383.37(c)'' was not removed. Therefore, FMCSA removes the reference to Sec. 383.37(c). Section 384.228. Paragraph (k) currently references ``six units of training described in paragraphs (c) and (d) of this section.'' This is corrected to ``eight units of training'' (three units in paragraph (c) and five units in paragraph (d)). Section 384.403. FMCSA removes paragraph (b), leaving only the text of previous paragraph (a) in revised Sec. 384.403. Paragraph (b) concerns Motor Carrier Safety Assistance Program (MCSAP) funds withheld from a State under Sec. 384.401(a)(2) and (b)(2). However, paragraphs (a)(2) and (b)(2) of Sec. 384.401 were removed in a rule, published on July 5, 2007 (72 FR 36788), and Sec. 384.401 no longer mentions withholding MCSAP funds. FMCSA corrects this error by removing Sec. 384.403(b). Part 385 Section 385.3. In Sec. 385.3, the term ``HMRs'' is defined as ``the Hazardous Materials Regulations (49 CFR parts 100-178).'' However, the Materials Transportation Bureau of the Department of Transportation, a predecessor to the Pipeline and Hazardous Materials Safety Administration (PHMSA), established subtitle B, Chapter I, subchapter C, as the Hazardous Materials Regulations on July 29, 1975 (40 CFR 31767). In Sec. 171.1, PHMSA continues to maintain that the HMRs comprise 49 CFR parts 171-180. The definition of HMRs is therefore corrected to reference 49 CFR parts 171-180. Section 385.321. Violation 15 in the Table to Sec. 385.321 contains a reference to Sec. 396.11(c), but the information previously in that paragraph was largely moved to Sec. 396.11(a)(3) on June 12, 2012 (77 FR 34846). Violation 15 is changed to update the reference. Section 385.403. In paragraph (b), FMCSA clarifies that the threshold weight of explosive material is the net weight of the material or article. The current language creates confusion as to whether the weight is net weight or gross weight and whether, for an explosive article, the weight refers to the weight of the article or the weight of the explosive contained in the article. The clarification is based on information that is presented in FMCSA's brochure relating to the Hazardous Materials Safety Permit (HMSP) Program (FMCSA-CMO-04- 002) \1\ that indicates net weight, as well as a 22-year old PHMSA interpretation (93-0068) \2\ relating to PHMSA's registration requirements that parallel the HMSP requirements. --------------------------------------------------------------------------- \1\ A copy of the brochure has been placed in the docket. \2\ A copy of PHMSA interpretation 93-0068 has been placed in the docket. --------------------------------------------------------------------------- FMCSA also changes the terminology in paragraph (f) to make it consistent with the proper shipping name language in the Hazardous Materials Table in 49 CFR 172.101. Appendix B to Part 385--Explanation of Safety Rating Process. FMCSA updates a citation within Section VII of Appendix B, ``List of Acute and Critical Regulations,'' to reflect a reorganization of a regulation published June 12, 2012 (77 FR 34852). FMCSA changes the citation from ``Sec. 396.11(c) Failing to correct Out-of-Service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again (acute)'' to ``Sec. 396.11(a)(3) Failing to correct Out-of-Service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again (acute).'' Part 387 Section 387.317. On November 14, 1983 (48 FR 51777), the ICC revised former 49 CFR 1043.1, the predecessor to Sec. 387.301, and redesignated paragraph (d) as paragraph (c). Therefore, FMCSA changes the cross-reference in Sec. 387.317 from Sec. 387.301(d) to Sec. 387.301(c) to reflect this redesignation. Part 389 Sections 389.21 and 389.35. These two sections specify how to submit comments to rulemakings or petitions for reconsideration. They have remained largely the same since they were promulgated on June 8, 1968 (33 FR 8493), except for Agency name and address changes, and a redesignation within title 49 in 1968 from 49 CFR part 289 to 49 CFR part 389. The requirement that comments or petitions must be submitted in five (5) legible copies has existed since 1968. Before the adoption of the electronic docketing system employed by the Department of Transportation in 1997, five legible copies were needed for the paper- based docketing system for clerks to include a copy in the official docket and send other copies for distribution to various Agency offices to take appropriate action. The electronic docketing system allows the scanning of any original paper-based comment or [[Page 59068]] petition, or the uploading of an electronically-submitted file of the comment or petition. As the electronic docketing system has now been in wide use by the Agency for over 18 years, the requirement for more than one original comment or petition for reconsideration is unnecessary, duplicative, and burdensome to the commenter or petitioner. Therefore, FMCSA is removing the requirement in Sec. Sec. 389.21 and 389.35(a) for the comment or petition to be filed with five legible copies. Part 390 Section 390.5. In the definition of the term ``Lessee,'' the word ``of'' is added following the phrase ``in subpart F'' to correct an inadvertent omission. In the definition of the term ``Texting,'' paragraph (2)(iii) references purposes that are not otherwise prohibited ``in this part.'' This reference primarily relates to the ban on texting which is found in Sec. 392.80 rather than part 390. The reference to ``this part'' is too limited and is, therefore, changed to reference ``this subchapter,'' consistent with the general scope of the Sec. 390.5 definitions. In the definition of ``Trailer,'' redesignate paragraphs (a), (b), and (c), as paragraphs (1), (2), and (3) to conform this definition to the style used in a definitions section and the other definitions in Sec. 390.5. Section 390.42. Section 390.42(b) currently contains an incorrect cross-reference to Sec. 396.11(b)(2). On June 12, 2012 (77 FR 34852), FMCSA revised Sec. 396.11, subdividing paragraph (b) into four paragraphs: Paragraphs (b)(1) through (4). However, FMCSA did not change the cross reference in Sec. 390.42(b). The October 1, 2012 (77 FR 59828) technical amendment attempted to correct the error, but incorrectly changed the cross reference to Sec. 396.11(b)(2). This technical amendment correctly changes the cross reference to Sec. 396.11(b)(1). Section 390.115. FMCSA corrects an inadvertent grammatical error in paragraph (d)(2)(iv) by removing the phrase ``performs examinations maintain documentation'' and replaces it with the phrase ``performs examinations and maintains documentation.'' This wording is consistent with the wording in Sec. 390.115(f)(4). Part 391 Section 391.1. FMCSA changes paragraph (b) to remove a grammatical inconsistency and improve clarity. Currently, paragraph (b) reads, ``A motor carrier who employs himself/herself as a driver . . . .'' FMCSA changes it to read: ``An individual who meets the definition of both a motor carrier and a driver employed by that motor carrier . . .'' Section 391.13. The introductory text of Sec. 391.13 concerning responsibilities of drivers for determining whether cargo is properly located, distributed, and secured in or on the CMV cross references Sec. 393.9, but Sec. 393.9, ``Lamps operable, prohibition of obstructions of lamps and reflectors,'' is not about cargo securement. The incorrect reference to Sec. 393.9 was included in the final rule that added Sec. 391.13 (June 18, 1998, 63 FR 33277) to the FMCSRs. However, in reviewing the preamble to the 1998 final rule (see page 33259), it appears that the reference should have been to Sec. 383.111(d) rather than Sec. 393.9. Section 383.111 was revised on May 9, 2011 (76 FR 26888) and the rules on the required knowledge of the relationship of cargo to vehicle control are now codified in Sec. 383.111(a)(16). Therefore, FMCSA changes the cross reference in the first line of the introductory text so that it reads, ``In order to comply with the requirements of Sec. Sec. 392.9(a) and 383.111(a)(16) of this subchapter . . .''. Section 391.15. The following corrections comport with the September 24, 2013 (78 FR 58482) technical amendment. In paragraph (c)(1)(i), FMCSA corrects the cross reference to read, ``Sec. 395.2 of this subchapter'' rather than ``Sec. 395.2(a) of this partsubchapter.'' In addition, FMCSA removes the semi-colon that mistakenly follows the final period of paragraph (c)(1)(ii). Section 391.23. Throughout paragraph (c), any reference to ``driver investigation history file,'' ``Driver Investigation file,'' or ``driver history investigation file,'' is revised to read consistently in each instance ``driver investigation history file.'' This clarifies that all these references are to the same file and makes the terminology consistent with Sec. 391.53. The cross reference in paragraph (m)(3)(i)(C) currently references Sec. 383.73(a)(5), but that paragraph was removed on May 9, 2011 (76 FR 26883). FMCSA replaces that reference with the correct reference to ``Sec. 383.73(a)(2)(vii).'' Section 391.41. FMCSA corrects the format of the cross reference in paragraph (b)(12)(ii) by changing it from ``21 part 1308'' to ``21 CFR part 1308.'' Section 391.43. FMCSA corrects paragraph (g)(4) included in the Agency's April 23, 2015 (80 FR 22790, 22812) final rule, ``Medical Examiner's Certification Integration.'' Currently, paragraph (g)(4) indicates that beginning June 22, 2018, if the medical examiner determines that a driver should not be issued a medical card until additional medical information is considered, the examiner must so inform the driver, etc. However, the compliance date was supposed to have been December 22, 2015. FMCSA amends the first sentence by changing June 22, 2018, to December 22, 2015, considering that this paragraph has to be effective on the same date as the forms. Amendatory instruction number 5 in the June 22, 2015, correction notice (80 FR 35578), which updated the date from June 22, 2018, to December 22, 2015, made no reference to amending paragraph (g)(4) even though (g)(4) rule text is shown on page 35595. Amendatory instruction number 5 only refers to amending ``paragraphs (f), (g)(5)(ii), and (h)'', therefore, the eCFR did not make the change. FMCSA is ensuring that the printed CFR revised as of October 1, 2015, will include the updated date. Section 391.45. This section specifies the drivers who must be medically examined and certified, ``[e]xcept as provided in Sec. 391.67.'' Because Sec. 391.67 no longer includes any exceptions from the medical examination and certification requirements, the introductory phrase ``Except as provided in Sec. 391.67'' is removed. Section 391.47. To comport with the September 24, 2013 (78 FR 58482) technical amendment, FMCSA corrects paragraph (f) by adding a space after the last parentheses and before the word ``orders.'' FMCSA also removes the authority citation that appears in parentheses after the last paragraph in Sec. 391.47. The authority citation is outdated; and the FMCSA no longer includes an authority citation at the end of a section. Moreover, the citations for Sec. 391.47 are covered by the general authority citations for all of part 391, namely, 49 U.S.C. 31133, 31136, and 31149 of the Motor Carrier Safety Act of 1984, as amended, and 49 U.S.C. 31502 of the Motor Carrier Act of 1935, as amended. Part 393 Section 393.7. FMCSA amends Sec. 393.7(b)--which lists all the paragraphs in part 393 that have materials incorporated by reference-- to restore a reference to an Underwriters Laboratories' standard that was mistakenly deleted. Section 393.95(j) refers to a specific Underwriters Laboratories' standard on highway emergency signals and then states ``See Sec. 393.7 for information on the incorporation by reference and availability of this document.'' However, Sec. 393.7(b) fails to include that document. [[Page 59069]] On August 15, 2005 (70 FR 48027), the Agency published general amendments to 49 CFR part 393. The final rule was intended to remove obsolete and redundant regulations; respond to several petitions for rulemaking; provide improved definitions of vehicle types, systems, and components; resolve inconsistencies between part 393 and the National Highway Traffic Safety Administration's Federal Motor Vehicle Safety Standards (49 CFR part 571); and codify certain FMCSA regulatory guidance concerning the requirements of part 393. However, the rulemaking resulted in the inadvertent deletion of the reference to the Underwriters Laboratories' standard. Section 393.7(c)(1) still references the address, but the publication is not listed in Sec. 393.7(b). To correct this error, FMCSA adds a reference to the standard in paragraph (b)(15) to read as follows: ``Highway Emergency Signals, Fourth Edition, Underwriters Laboratories, Inc., UL No. 912, July 30, 1979 (with an amendment dated November 9, 1981), incorporation by reference approved for Sec. 393.95(j).'' Section 393.17. FMCSA corrects paragraph (c)(1) by removing an obsolete cross-reference to former Sec. 392.30, ``Lighted Lamps; Moving Vehicles.'' That section was removed on November 23, 1994 (59 FR 60319), because it was duplicative of State laws and could only be enforced by State and local authorities. Section 393.71. FMCSA corrects paragraph (n)(1) by removing an obsolete cross-reference to Sec. 393.71(g)(2)(ii). Section 393.71(g)(2)(ii) was removed August 15, 2005 (70 FR 48054). Editorial changes also are made to maintain consistency with (1) the language in the current Sec. 393.71(n) and (2) the August 2005 final rule. Section 393.95. FMCSA removes the outdated authority citations following Sec. 393.95. They are obsolete, current Federal Register style dictates that they do not belong at the end of a section, and they are covered by the general authority citations cited for all of part 393. That authority citation includes 49 U.S.C. 31136 and 31151 (the Motor Carrier Safety Act of 1984, as amended); 49 U.S.C. 31502 (the Motor Carrier Act of 1935, as amended); and sec. 1041(b) of Pub. L. 102-240, 105 Stat. 1914, 1993 (1991) (the Intermodal Surface Transportation Efficiency Act of 1991), providing that ``fusees and flares are given equal priority with regard to use as reflecting signs'' under Sec. 393.95. Part 395 Section 395.1. To comport with the September 24, 2013 (78 FR 58482) technical amendment, FMCSA corrects Sec. 395.1 by removing the redundant paragraph (g)(1)(ii)(C). The language revised on September 24, 2013, was added but the obsolete language was inadvertently not removed. Part 396 Section 396.11. In the September 24, 2013 (78 FR 58485) technical amendment, FMCSA attempted to remove a semicolon at the end of Sec. 396.11(b)(2)(ix) and add a period in its place. However, that instruction was inaccurate, as there is no paragraph (b)(2)(ix). The CFR now carries a note saying the CFR could not incorporate the 2013 amendment. FMCSA requests CFR editors to remove the inaccurate instruction and the note. Part 397 Section 397.215. This section, titled ``Waiver notice,'' is a part of the preemption procedures that States, political subdivisions of States, and Indian tribes must follow to apply for waivers of preemption determinations either made pursuant to 49 U.S.C. 5125, 49 CFR 397.69, or 49 CFR 397.203, or that have been determined by a court of competent jurisdiction to be preempted. This section requires that copies of the application for a waiver of preemption and any subsequent amendments or other documents relating to the application must be mailed to each person whom the applicant reasonably ascertains will be affected by the determination sought. The copy of the application must be accompanied by a statement that the affected person may submit comments to the FMCSA Administrator within 45 days. The application filed with the Administrator must include a certification of compliance with 49 CFR 397.215(a). A grammatical error exists in the last sentence of paragraph (a). The phrase ``certification with the application has complied'' is grammatically incorrect and so FMCSA replaces it with the phrase ``certification that the application complies.'' Appendix F to Subchapter B of Chapter III--Commercial Zones Section 31. FMCSA corrects a typographical error in paragraph (d) of Section 31 of the ICC-defined commercial zone for Charleston, South Carolina in 1975. This paragraph contains cross-references to ``paragraphs (1) and (c) of this section.'' Based on the 1972-1974 editions of 49 CFR part 1048, which was the basis for Appendix F to Subchapter B of Chapter III, the correct reference is to paragraph (b), not paragraph (1). This error was corrected in the May 19, 1988, final rule (53 FR 18042, at 18067), but the October 1, 1988, CFR edition reinstated the use of a (1) instead of the correct (b). Rulemaking Analyses Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures FMCSA has determined that this action is not a significant regulatory action within the meaning of Executive Order 12866, as supplemented by Executive Order 13563 (76 FR 3821, Jan. 18, 2011), or within the meaning of the DOT regulatory policies and procedures (44 FR 1103, Feb. 26, 1979). Thus, the Office of Management and Budget (OMB) did not review this document. We expect the final rule will have no costs; therefore, a full regulatory evaluation is unnecessary. Regulatory Flexibility Act Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612), FMCSA is not required to complete a regulatory flexibility analysis. This is because this rule does not require publication of a general notice of proposed rulemaking. However, in compliance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612), FMCSA has evaluated the effects of this rule on small entities. Because the rule makes only minor editorial or clarifying revisions and places no new requirements on the regulated industry, FMCSA certifies that this action will not have a significant economic impact on a substantial number of small entities. Unfunded Mandates Reform Act The final rule will not impose an unfunded Federal mandate, as defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et seq.), that will result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $155 million (which is the value of $100 million in 2015 after adjusting for inflation) or more in any 1 year. E.O. 13132 (Federalism) A rule has implications for Federalism under section 1(a) of Executive Order 13132 if it has ``substantial direct effects on the States, on the relationship between national government and the States, or on the distribution of power and responsibilities among various levels of government.'' FMCSA has determined that this rule will not have substantial [[Page 59070]] direct effects on States, nor will it limit the policymaking discretion of States. Nothing in this document preempts or modifies any provision of State law or regulation, imposes substantial direct unreimbursed compliance costs on any State, or diminishes the power of any State to enforce its own laws. Accordingly, this rulemaking does not have Federalism implications warranting the application of E.O. 13132. E.O. 12372 (Intergovernmental Review) The regulations implementing E.O. 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this rule. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175 titled, ``Consultation and Coordination with Indian Tribal Governments,'' because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Paperwork Reduction Act Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct, sponsor, or require through regulations. FMCSA determined that no new information collection requirements are associated with this final rule, nor are there any revisions to existing, approved collections of information. National Environmental Policy Act FMCSA analyzed this final rule for the purpose of ascertaining the applicability of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and determined under our Environmental Procedures Order 5610.1, issued March 1, 2004 (69 FR 9680), that this action would not have any effect on the quality of the environment. In addition, this final rule is categorically excluded from further analysis and documentation under the Categorical Exclusion (CE) in paragraph 6(b) of Appendix 2 of FMCSA Order 5610.1. This CE addresses minor editorial corrections such as found in this rulemaking; therefore, preparation of an environmental assessment or environmental impact statement is not necessary. FMCSA also analyzed this rule under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 42 U.S.C. 7506(c)), and implementing regulations promulgated by the Environmental Protection Agency. Approval of this action is exempt from the CAA's general conformity requirement since it does not affect direct or indirect emissions of criteria pollutants. E.O. 12898 (Environmental Justice) This final rule is not subject to Executive Order 12898 (59 FR 7629, Feb. 16, 1994). Executive Order 12898 establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. FMCSA determined that this rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not change the substance of any of the FMCSRs. E.O. 13211 (Energy Effects) FMCSA has analyzed this rule under Executive Order 13211 titled, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use.'' The Agency has determined that it is not a ``significant energy action'' under that Executive Order because it is not a ``significant regulatory action'' under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, no Statement of Energy Effects is required. E.O. 13045 (Protection of Children) Executive Order 13045 titled, ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, Apr. 23, 1997), requires agencies issuing ``economically significant'' rules, if the regulation also concerns an environmental health or safety risk that an agency has reason to believe may disproportionately affect children, to include an evaluation of the regulation's environmental health and safety effects on children. As discussed previously, this rule is not economically significant. Therefore, no analysis of the impacts on children is required. E.O. 12988 (Civil Justice Reform) This action meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988 titled, ``Civil Justice Reform,'' to minimize litigation, eliminate ambiguity, and reduce burden. E.O. 12630 (Taking of Private Property) This rule will not effect a taking of private property or otherwise have taking implications under E.O. 12630 titled, ``Governmental Actions and Interference with Constitutionally Protected Property Rights.'' National Technology Transfer and Advancement Act The National Technology Transfer and Advancement Act (15 U.S.C. 272 note) requires Federal agencies proposing to adopt technical standards to consider whether voluntary consensus standards are available. If the Agency chooses to adopt its own standards in place of existing voluntary consensus standards, it must explain its decision in a separate statement to OMB. Because FMCSA does not intend to adopt technical standards, there is no need to submit a separate statement to OMB on this matter. Privacy Impact Assessment Section 522(a)(5) of the Transportation, Treasury, Independent Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108- 447, Division H, Title I, 118 Stat. 2809 at 3268, Dec. 8, 2004) requires DOT and certain other Federal agencies to conduct a privacy impact assessment of each rule that will affect the privacy of individuals. Because this final rule will not affect the privacy of individuals, FMCSA did not conduct a separate privacy impact assessment. List of Subjects 49 CFR Part 350 Grant programs--transportation, Highway safety, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements. 49 CFR Part 365 Administrative practice and procedure, Brokers, Buses, Freight forwarders, Mexico, Motor carriers, Moving of household goods. 49 CFR Part 375 Advertising, Consumer protection, Freight, Highways and roads, Insurance, Motor carriers, Moving of household goods, Reporting and recordkeeping requirements. 49 CFR Part 377 Credit, Freight forwarders, Maritime carriers, Motor carriers, Moving of household goods. [[Page 59071]] 49 CFR Part 381 Motor carriers. 49 CFR Part 383 Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety and motor carriers. 49 CFR Part 384 Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety, Incorporation by reference, and Motor carriers. 49 CFR Part 385 Administrative practice and procedure, Highway safety, Incorporation by reference, Mexico, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements. 49 CFR Part 387 Buses, Freight, Freight forwarders, Hazardous materials transportation, Highway safety, Insurance, Intergovernmental relations, Motor carriers, Motor vehicle safety, Moving of household goods, Penalties, Reporting and recordkeeping requirements, Surety bonds. 49 CFR Part 390 Highway safety, Intermodal transportation, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements. 49 CFR Part 391 Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor carriers, Reporting and recordkeeping requirements, Safety, Transportation. 49 CFR Part 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 397 Administrative practice and procedure, Highway safety, Intergovernmental relations, Motor carriers, Parking, Radioactive materials, Reporting and recordkeeping requirements, Tires. Correction In FR Rule Doc. 2013-22484 appearing on page 58470 in the Federal Register of Tuesday, September 24, 2013, make the following correction: 0 On page 58485, in the second column, in section 396.11, amendment 117, remove instruction c. In consideration of the foregoing, FMCSA is amending 49 CFR chapter III, subchapter B, parts 350, 365, 375, 377, 381, 383, 384, 385, 387, 389. 390, 391, 393, 395, 396, 397, and Appendix F, as set forth below: PART 350--COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM 0 1. The authority citation for part 350 continues to read as follows: Authority: 49 U.S.C. 13902, 31101-31104, 31108, 31136, 31140- 31141, 31161, 31310-31311, 31502; and 49 CFR 1.87. 0 2. Amend Sec. 350.105 by revising the definition of the term ``Basic Program Funds'' to read as follows: Sec. 350.105 What definitions are used in this part? * * * * * Basic Program Funds means the total MCSAP funds less the High Priority Activity, New Entrant, Administrative Takedown, and Incentive Funds. * * * * * 0 3. Amend Sec. 350.201 by revising the introductory text and paragraph (y) to read as follows: Sec. 350.201 What conditions must a State meet to qualify for Basic Program Funds? Each State must meet the following 26 conditions: * * * * * (y) Except in the case of an imminent or obvious safety hazard, ensure that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a station, terminal, border crossing, maintenance facility, destination, or other location where a motor carrier may make a planned stop. * * * * * PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY 0 4. The authority citation for part 365 continues to read as follows: Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901- 13906, 14708, 31138, and 31144; and 49 CFR 1.87. 0 5. Amend Sec. 365.503 by revising paragraph (d) to read as follows: Sec. 365.503 Application. * * * * * (d) You may obtain the application forms from any FMCSA Division Office or download them from the FMCSA Web site at: http://www.fmcsa.dot.gov/mission/forms. PART 375--TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE; CONSUMER PROTECTION REGULATIONS 0 6. The authority citation for part 375 continues to read as follows: Authority: 49 U.S.C. 13102, 13301, 13501, 13704, 13707, 13902, 14104, 14706, 14708; subtitle B, title IV of Pub. L. 109-59; and 49 CFR 1.87. 0 7. Amend Sec. 375.201 by revising paragraph (d) to read as follows: Sec. 375.201 What is my normal liability for loss and damage when I accept goods from an individual shipper? * * * * * (d) As required by Sec. 375.303(c)(5), you may have additional liability if you sell liability insurance and fail to issue a copy of the insurance policy or other appropriate evidence of insurance. * * * * * 0 8. Amend Sec. 375.501 by revising paragraph (h) to read as follows: Sec. 375.501 Must I write up an order for service? * * * * * (h) You must place the valuation statement on the bill of lading. 0 9. Amend Sec. 375.505 by revising paragraph (b)(12) to read as follows: Sec. 375.505 Must I write up a bill of lading? * * * * * (b) * * * (12) The valuation statement provided in the Surface Transportation Board's released rates order requires individual shippers either to choose Full Value Protection for your liability or waive the Full Value Protection in favor of the STB's released rates. The released rates may be increased annually by the motor carrier based on the U.S. Department of Commerce's Cost of Living Adjustment. Contact the STB for a copy of the Released Rates of Motor Carrier Shipments of Household Goods. If the individual shipper waives your Full Value Protection in writing on the STB's valuation statement, you must include the charges, if any, for optional valuation coverage (other than Full Value Protection). * * * * * 0 10. Amend appendix A to part 375, under subpart A, by revising the definition of the term ``Advertisement'' under the section heading ``What Definitions Are Used in This Pamphlet?'' to read as follows: [[Page 59072]] Appendix A to Part 375--Your Rights and Responsibilities When You Move * * * * * Subpart A--General Requirements * * * * * What Definitions Are Used in This Pamphlet? * * * * * Advertisement--This is any communication to the public in connection with an offer or sale of any interstate household goods transportation service. This will include written or electronic database listings of your mover's name, address, and telephone number in an online database or displayed on an Internet Web site. This excludes listings of your mover's name, address, and telephone number in a telephone directory or similar publication. However, Yellow Pages advertising is included within the definition. * * * * * PART 377--PAYMENT OF TRANSPORTATION CHARGES 0 11. The authority citation for part 377 continues to read as follows: Authority: 49 U.S.C. 13101, 13301, 13701, 13702, 13706, 13707, and 14101; and 49 CFR 1.87. 0 12. Revise Sec. 377.211 to read as follows: Sec. 377.211 Computation of time. Time periods involving calendar days shall be calculated pursuant to 49 CFR 386.8. PART 381--WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS 0 13. The authority citation for part 381 continues to read as follows: Authority: 49 U.S.C. 31136(e) and 31315; and 49 CFR 1.87. 0 14. Amend Sec. 381.110 by revising the definition of ``FMCSRs'' to read as follows: Sec. 381.110 What definitions are applicable to this part? * * * * * FMCSRs means Federal Motor Carrier Safety Regulations (49 CFR parts 382 and 383, Sec. Sec. 390.19, 390.21, and parts 391 through 393, 395, 396, and 399). * * * * * PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES 0 15. The authority citation for part 383 is revised to read as follows: Authority. 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87. 0 16. Amend Sec. 383.5 as follows: 0 a. Amend the definition of ``Alcohol or alcoholic beverage'' by redesignating paragraphs (a) through (c) as paragraphs (1) through (3); 0 b. Revise the definitions of the terms ``Commerce'' and ``Commercial motor vehicle (CMV)''; and 0 c. Amend the definition of ``Driving a commercial motor vehicle while under the influence of alcohol'' by redesignating paragraphs (a) through (c) as paragraphs (1) through (3). The revisions read as follows: Sec. 383.5 Definitions. * * * * * Commerce means (1) Any trade, traffic or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States, and (2) Trade, traffic, and transportation in the United States that affects any trade, traffic, and transportation described in paragraph (1) of this definition. * * * * * Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a-- (1) Combination Vehicle (Group A)--having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or (2) Heavy Straight Vehicle (Group B)--having a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or (3) Small Vehicle (Group C) that does not meet Group A or B requirements but that either-- (i) Is designed to transport 16 or more passengers, including the driver; or (ii) Is of any size and is used in the transportation of hazardous materials as defined in this section. * * * * * 0 17. Amend Sec. 383.71 by revising paragraphs (a)(1) introductory text, (a)(2) introductory text, and (g) to read as follows: Sec. 383.71 Driver application and certification procedures. (a) * * * (1) Commercial learner's permit applications submitted prior to July 8, 2015. CLPs issued prior to July 8, 2015, for limited time periods according to State requirements, shall be considered valid commercial drivers' licenses for purposes of behind-the-wheel training on public roads or highways, if the following minimum conditions are met: * * * * * (2) Commercial learner's permit applications submitted on or after July 8, 2015. Any person applying for a CLP on or after July 8, 2015, must meet the following conditions: * * * * * (g) Existing CLP and CDL Holder's Self-Certification. Every person who holds a CLP or CDL must provide to the State the certification contained in Sec. 383.71(b)(1) of this subpart. * * * * * 0 18. Revise Sec. 383.72 to read as follows: Sec. 383.72 Implied consent to alcohol testing. Any person who holds a CLP or CDL or is required to hold a CLP or CDL is considered to have consented to such testing as is required by any State or jurisdiction in the enforcement of item (4) of Table 1 to Sec. 383.51 of this subpart and Sec. 392.5(a)(2) of this subchapter. Consent is implied by driving a commercial motor vehicle. 0 19. Amend Sec. 383.73 by revising paragraph (a)(2) introductory text to read as follows: Sec. 383.73 State procedures. (a) * * * (2) On or after July 8, 2015. Prior to issuing a CLP to a person on or after July 8, 2015, a State must: * * * * * 0 20. Amend Sec. 383.91 by revising paragraph (a)(3) to read as follows: Sec. 383.91 Commercial motor vehicle groups. (a) * * * (3) Small Vehicle (Group C)--Any single vehicle, or combination of vehicles, that meets neither the definition of Group A nor that of Group B as contained in this section, but that either is designed to transport 16 or more passengers including the driver, or is used in the transportation of hazardous materials as defined in Sec. 383.5. * * * * * [[Page 59073]] PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM 0 21. The authority citation for part 384 continues to read as follows: Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103 and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; and 49 CFR 1.87. 0 22. Revise Sec. 384.222 to read as follows: Sec. 384.222 Violation of out-of-service orders. The State must have and enforce laws and/or regulations applicable to drivers of CMVs and their employers, as defined in Sec. 383.5 of this subchapter, which meet the minimum requirements of Sec. 383.37(d), Table 4 to Sec. 383.51, and Sec. 383.53(b) of this subchapter. 0 23. Amend Sec. 384.228 by revising paragraph (k) to read as follows: Sec. 384.228 Examiner training and record checks. * * * * * (k) The eight units of training described in paragraphs (c) and (d) of this section may be supplemented with State-specific material and information related to administering CDL knowledge and skills tests. 0 24. Revise Sec. 384.403 to read as follows: Sec. 384.403 Availability of funds withheld for noncompliance. Federal-aid highway funds withheld from a State under Sec. 384.401(a) or (b) of this subpart shall not thereafter be available for apportionment to the State. PART 385-- SAFETY FITNESS PROCEDURES 0 25. The authority citation for part 385 continues to read as follows: Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5113, 13901-13905, 13908, 31133, 31135, 31136, 31137(a), 31144, 31148, 31151, and 31502; Sec. 113(a), Pub. L. 103-311; Sec. 408, Pub. L. 104-88; Sec. 350 of Pub. L. 107-87; and 49 CFR 1.87. 0 26. Amend Sec. 385.3 by revising the definition of the term ``HMRs'' to read as follows: Sec. 385.3 Definitions and acronyms. * * * * * HMRs means the Hazardous Materials Regulations (49 CFR parts 171- 180). * * * * * 0 27. Amend Sec. 385.321(b) by revising Violation 15 of the Table to Sec. 385.321 to read as follows: Sec. 385.321 What failures of safety management practices disclosed by the safety audit will result in a notice to a new entrant that its USDOT new entrant registration will be revoked? * * * * * (b) * * * Table to Sec. 385.321--Violations That Will Result in Automatic Failure of the New Entrant Safety Audit ------------------------------------------------------------------------ Guidelines for determining automatic Violation failure of the safety audit ------------------------------------------------------------------------ * * * * * * * 15. Sec. 396.11(a)(3)--Failing to correct out- Single occurrence. of-service defects listed by driver in a driver vehicle inspection report before the vehicle is operated. * * * * * * * ------------------------------------------------------------------------ 0 28. Amend Sec. 385.403 by revising paragraphs (b) and (f) to read as follows: Sec. 385.403 Who must hold a safety permit? * * * * * (b) More than 25 kg (55 pounds) net weight of a Division 1.1, 1.2, or 1.3 (explosive) material or articles or an amount of a Division 1.5 (explosive) material requiring placarding under part 172 of this title; * * * * * (f) A shipment of methane (compressed or refrigerated liquid), natural gas (compressed or refrigerated liquid), or any other compressed or refrigerated liquefied gas with a methane content of at least 85 percent, in bulk packaging having a capacity equal to or greater than 13,248 L (3,500 gallons). Appendix B to Part 385 [Amended] 0 29. Amend Appendix B to Part 385, in section VII, by removing the citation for ``Sec. 396.11(c) Failing to correct Out-of-Service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again (acute)'' and adding in its place a citation that reads as follows: ``Sec. 396.11(a)(3) Failing to correct Out-of-Service defects listed by driver in a driver vehicle inspection report before the vehicle is operated again (acute)''. PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS 0 30. The authority citation for part 387 continues to read as follows: Authority: 49 U.S.C. 13101, 13301, 13906, 13908, 14701, 31138, 31139, and 31144; and 49 CFR 1.87. Sec. 387.317 [Amended] 0 31. Amend Sec. 387.317 by removing the reference to ``Sec. 387.301(d)'' and adding in its place a reference to ``Sec. 387.301(c)''. PART 389--RULEMAKING PROCEDURES--FEDERAL MOTOR CARRIER SAFETY REGULATIONS 0 32. The authority citation for part 389 continues to read as follow: Authority: 49 U.S.C. 113, 501 et seq., subchapters I and III of chapter 311, chapter 313, and 31502; 42 U.S.C. 4917; and 49 CFR 1.87. 0 33. Revise Sec. 389.21 to read as follows: Sec. 389.21 Contents of written comments. All written comments must be in English. Any interested person must submit as part of his/her written comments all material that he/she considers relevant to any statement of fact made by him/her. Incorporation of material by reference is to be avoided. However, if such incorporation is necessary, the incorporated material shall be identified with respect to document and page. 0 34. Amend Sec. 389.35 by revising paragraph (a) to read as follows: Sec. 389.35 Petitions for reconsideration. (a) Any interested person may petition the Administrator for reconsideration of any rule issued under this part. The petition must be in English and submitted to the Administrator, Federal Motor Carrier Safety Administration, 1200 New Jersey [[Page 59074]] Ave. SE., Washington, DC 20590-0001, and received not later than thirty (30) days after publication of the rule in the Federal Register. Petitions filed after that time will be considered as petitions filed under Sec. 389.31 of this part. The petition must contain a brief statement of the complaint and an explanation as to why compliance with the rule is not practicable, is unreasonable, or is not in the public interest. * * * * * PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL 0 35. The authority citation for part 390 continues to read as follows: Authority: 49 U.S.C. 504, 508, 13301, 13902, 13908, 31132, 31133, 31136, 31144, 31151, 31502, 31504; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677; sec. 212, 217, Pub. L. 106-159, 113 Stat. 1748, 1767, 1773; sec. 229 Pub. L. 106-159 (as transferred by sec. 4114 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743-44); and 49 CFR 1.81, 1.81a, and 1.87. Sec. 390.5 [Amended] 0 36. Amend Sec. 390.5 as follows: 0 a. In the definition of the term ``Lessee,'' add the word ``of'' after the phrase ``in subpart F'' in the first sentence; 0 b. In paragraph (2)(iii) of the definition of the term ``Texting,'' remove the phrase ``in this part'' and add in its place the phrase ``in this subchapter''. 0 c. In the definition of the term ``Trailer,'' redesignate paragraphs (a), (b), and (c), as paragraphs (1), (2), and (3). Sec. 390.42 [Amended] 0 37. Amend Sec. 390.42(b) by removing the reference to ``Sec. 396.11(b)(2)'' and adding in its place a reference to ``Sec. 396.11(b)(1)''. 0 38. Amend Sec. 390.115 by revising paragraph (d)(2)(iv) to read as follows: Sec. 390.115 Procedure for removal from the National Registry of Certified Medical Examiners. * * * * * (d) * * * (2) * * * (iv) Maintain documentation of State licensure, registration, or certification to perform physical examinations for each State in which the examiner performs examinations and maintains documentation of completion of all training required by Sec. Sec. 390.105 and 390.111 of this part. The medical examiner must also make this documentation available to an authorized representative of FMCSA or an authorized representative of Federal, State, or local government. The medical examiner must provide this documentation within 48 hours of the request for investigations and within 10 days of the request for regular audits of eligibility. * * * * * PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) DRIVER INSTRUCTORS 0 39. The authority citation for part 391 is revised to read as follows: Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, and 31502; sec. 4007(b) of Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114 of Pub. L. 103-311, 108 Stat. 1673, 1677; sec. 215 of Pub. L. 106-159, 113 Stat. 1748, 1767; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87. 0 40. Amend Sec. 391.1 by revising paragraph (b) to read as follows: Sec. 391.1 Scope of the rules in this part; additional qualifications; duties of carrier-drivers. * * * * * (b) An individual who meets the definition of both a motor carrier and a driver employed by that motor carrier must comply with both the rules in this part that apply to motor carriers and the rules in this part that apply to drivers. 0 41. Amend Sec. 391.13 by revising the introductory text to read as follows: Sec. 391.13 Responsibilities of drivers. In order to comply with the requirements of Sec. Sec. 392.9(a) and 383.111(a)(16) of this subchapter, a motor carrier shall not require or permit a person to drive a commercial motor vehicle unless the person-- * * * * * 0 42. Amend Sec. 391.15 by revising paragraphs (c)(1)(i) and (ii) to read as follows: Sec. 391.15 Disqualification of drivers. * * * * * (c) * * * (1) * * * (i) The offense was committed during on-duty time as defined in Sec. 395.2 of this subchapter or as otherwise specified; and (ii) The driver is employed by a motor carrier or is engaged in activities that are in furtherance of a commercial enterprise in interstate, intrastate, or foreign commerce. * * * * * 0 43. Amend Sec. 391.23 by revising paragraphs (c)(3) and (4) and (m)(3)(i)(C) to read as follows: Sec. 391.23 Investigation and inquiries. * * * * * (c) * * * (3) Prospective employers should report failures of previous employers to respond to an investigation to the FMCSA and use the complaint procedures specified at Sec. 386.12 of this subchapter. Keep a copy of the reports in the driver investigation history file as part of documenting a good faith effort to obtain the required information. (4) Exception. For drivers with no previous employment experience working for a DOT-regulated employer during the preceding three years, documentation that no investigation was possible must be placed in the driver investigation history file, after October 29, 2004, within the required 30 days of the date the driver's employment begins. * * * * * (m) * * * (3) * * * (i) * * * (C) Until June 22, 2018, if the driver provided the motor carrier with a copy of the current medical examiner's certificate that was submitted to the State in accordance with Sec. 383.73(a)(2)(vii) of this chapter, the motor carrier may use a copy of that medical examiner's certificate as proof of the driver's medical certification for up to 15 days after the date it was issued. * * * * * 0 44. Amend Sec. 391.41 by revising paragraph (b)(12)(ii) to read as follows: Sec. 391.41 Physical qualifications of drivers. * * * * * (b) * * * (12) * * * (ii) Does not use any non-Schedule I drug or substance that is identified in the other Schedules in 21 CFR part 1308 except when the use is prescribed by a licensed medical practitioner, as defined in Sec. 382.107, who is familiar with the driver's medical history and has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle. * * * * * 0 45. Amend Sec. 391.43 by revising paragraph (g)(4) to read as follows: Sec. 391.43 Medical examination; certificate of physical examination. * * * * * (g) * * * (4) Beginning December 22, 2015, if the medical examiner finds that the determination of whether the person examined is physically qualified to [[Page 59075]] operate a commercial motor vehicle in accordance with Sec. 391.41(b) should be delayed pending the receipt of additional information or the conduct of further examination in order for the medical examiner to make such determination, he or she must inform the person examined that the additional information must be provided or the further examination completed within 45 days, and that the pending status of the examination will be reported to FMCSA. * * * * * 0 46. Amend Sec. 391.45 by revising the introductory text to read as follows. Sec. 391.45 Persons who must be medically examined and certified. The following persons must be medically examined and certified in accordance with Sec. 391.43 of this subpart as physically qualified to operate a commercial motor vehicle: * * * * * 0 47. Amend Sec. 391.47 by removing the authority citation that follows the section and by revising paragraph (f). The revision reads as follows. Sec. 391.47 Resolution of conflicts of medical evaluation. * * * * * (f) Status of driver. Once an application is submitted to the Director, Office of Carrier, Driver and Vehicle Safety Standards (MC- PS), the driver shall be deemed disqualified until such time as the Director, Office of Carrier, Driver and Vehicle Safety Standards (MC- PS) makes a determination, or until the Director, Office of Carrier, Driver and Vehicle Safety Standards (MC-PS) orders otherwise. PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION 0 48. The authority citation for part 393 continues to read as follows: Authority: 49 U.S.C. 31136, 31151, and 31502; sec. 1041(b) of Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.87. 0 49. Amend Sec. 393.7 by adding paragraph (b)(15) to read as follows: Sec. 393.7 Matter incorporated by reference. * * * * * (b) * * * (15) Highway Emergency Signals, Fourth Edition, Underwriters Laboratories, Inc., UL No. 912, July 30, 1979 (with an amendment dated November 9, 1981), incorporation by reference approved for Sec. 393.95(j). * * * * * 0 50. Amend Sec. 393.17 by revising paragraph (c)(1) introductory text to read as follows: Sec. 393.17 Lamps and reflectors--combinations in driveaway-towaway operation. * * * * * (c) * * * (1) When the vehicle is operated in accordance with the terms of a special permit prohibiting operation during the times when lighted lamps are required, it must have on the rear-- * * * * * 0 51. Amend Sec. 393.71 by revising paragraph (n)(1) to read as follows: Sec. 393.71 Coupling devices and towing methods, driveaway-towaway operations. * * * * * (n) * * * (1) Front axle attachment. The front axle of one motor vehicle intended to be coupled with another vehicle or parts of motor vehicles together to form one vehicle shall be attached with U-bolts meeting the requirements of paragraph (j)(2) of this section. * * * * * Sec. 393.95 [Amended] 0 52. Amend Sec. 393.95 by removing the authority citation that follows the section. PART 395--HOURS OF SERVICE OF DRIVERS 0 53. The authority citation for part 395 continues to read as follows: Authority: 49 U.S.C. 504, 31133, 31136, 31137, and 31502; sec. 113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106- 159 (as transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); sec. 4133, Pub. L. 109-59, 119 Stat. 1144, 1744; sec. 108, Pub. L. 110-432, 122 Stat. 4860-4866; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87. Sec. 395.1 [Amended] 0 54. Amend Sec. 395.1 by removing the second paragraph (g)(1)(ii)(C). PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES 0 55. 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. 397.215 [Amended] 0 56. Amend Sec. 397.215(a) by removing the phrase ``certification with the application has complied'' in the third sentence and adding in its place the phrase ``certification that the application complies''. 0 57. Amend Appendix F to Subchapter B of Chapter III--Commercial Zones, Section 31, Charleston, S.C., by revising paragraph (d) to read as follows: Appendix F to Subchapter B of Chapter III--Commercial Zones * * * * * Sec. 31 Charleston, S.C. * * * * * (d) All of any municipality any part of which is within the limits of the combined areas defined in paragraphs (b) and (c) of this section. * * * * * Issued under authority delegated in 49 CFR 1.87 on: September 23, 2015. T. F. Scott Darling III, Acting Administrator. [FR Doc. 2015-24635 Filed 9-30-15; 8:45 am] BILLING CODE 4910-EX-P
![Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations 59065
DEPARTMENT OF TRANSPORTATION employees, the safety of operations, and L. 109–59, 119 Stat. 1144, Aug. 10,
the equipment of motor carriers in 2005), the SAFETEA–LU Technical
Federal Motor Carrier Safety interstate commerce. See 49 United Corrections Act of 2008 (Pub. L. 110–
Administration States Code (U.S.C.) 104. This authority, 244, 122 Stat. 1572, June 6, 2008), and
first granted to the ICC in the Motor the Moving Ahead for Progress in the
49 CFR Parts 350, 365, 375, 377, 381, Carrier Act of 1935 (Pub. L. 74–255, 49 21st Century Act (MAP–21) (Pub. L.
383, 384, 385, 387, 389, 390, 391, 393, Stat. 543, Aug. 9, 1935), now appears in 112–141, 126 Stat. 405, July 6, 2012).
395, 396, 397, and Appendix F to 49 U.S.C. chapter 315. The regulations
Subchapter B of Chapter III issued under this authority became The specific regulations amended by
known as the Federal Motor Carrier this rule are based on the statutes
[Docket No. FMCSA–2015–0207] detailed above. Generally, the legal
Safety Regulations (FMCSRs), appearing
RIN 2126–AB83 generally at 49 CFR parts 350–399. The authority for each of those provisions
administrative powers to enforce was explained when the requirement
General Technical, Organizational, chapter 315 were also transferred from was originally adopted and is noted at
Conforming, and Correcting the ICC to the DOT in 1966 and appear the beginning of each part in title 49 of
Amendments to the Federal Motor in 49 U.S.C. chapter 5. The Secretary of the CFR. Title 49 CFR subtitle B, chapter
Carrier Safety Regulations the DOT (Secretary) delegated oversight III, contains all of the FMCSRs.
of these provisions to the Federal The Administrative Procedure Act
AGENCY: Federal Motor Carrier Safety
Highway Administration (FHWA), a (APA) (5 U.S.C. 551–706) specifically
Administration (FMCSA), DOT.
predecessor agency of FMCSA. The provides exceptions to its notice and
ACTION: Final rule. FMCSA Administrator has been
public comment rulemaking procedures
delegated authority under 49 CFR 1.87
SUMMARY: FMCSA amends its where the Agency finds there is good
to carry out the motor carrier functions
regulations by making technical cause (and incorporates the finding and
vested in the Secretary.
corrections and ministerial corrections a brief statement of reasons therefore in
Between 1984 and 1999, a number of
throughout title 49 of the Code of the rules issued) to dispense with them.
statutes added to FHWA’s authority.
Federal Regulations (CFR), subtitle B, Generally, good cause exists where the
Various statutes authorize the
chapter III. The Agency is making minor Agency determines that notice and
enforcement of the FMCSRs, the
changes to correct errors and omissions, public procedures are impractical,
Hazardous Materials Regulations
ensure conformity with Office of the unnecessary, or contrary to the public
(HMRs), and the Commercial
Federal Register style guidelines, update interest (5 U.S.C. 553(b)(3)(B)). The
Regulations, and provide both civil and
cross references, restore an inadvertent amendments made in this final rule
criminal penalties for violations of these
deletion of the reference to an
requirements. These statutes include the merely correct inadvertent errors and
Underwriters Laboratories’ standard,
Motor Carrier Safety Act of 1984 (Pub. omissions, remove or update obsolete
and improve clarity and consistency of
L. 98–554, 98 Stat. 2832, Oct. 30, 1984), references, and make minor changes to
certain regulatory provisions. This rule
codified at 49 U.S.C. chapter 311, improve clarity and consistency. The
does not make any substantive changes
subchapter III (MCSA); the Commercial technical amendments do not impose
to the affected regulations, except to
Motor Vehicle Safety Act of 1986 (Pub. any new requirements, nor do they
remove one obsolete provision.
L. 99–570, 100 Stat. 3207–170, Oct. 27, make any substantive changes to the
DATES: The final rule is effective 1986), codified at 49 U.S.C. chapter 313; CFR. For these reasons, FMCSA finds
October 1, 2015. the Hazardous Materials Transportation good cause that notice and public
FOR FURTHER INFORMATION CONTACT: Mr. Uniform Safety Act of 1990, as amended comment on this final rule is
David Miller, Federal Motor Carrier (Pub. L. 101–615, 104 Stat. 3244, Nov. unnecessary.
Safety Administration, Regulatory 16, 1990), codified at 49 U.S.C. chapter
Development Division, 1200 New Jersey 51; and the ICC Termination Act of 1995 The APA also allows agencies to make
Avenue SE., Washington, DC 20590– (Pub. L. 104–88, 109 Stat. 803, Dec. 29, rules effective upon publication with
0001, by telephone at (202) 366–5370 or 1995), codified at 49 U.S.C. chapters good cause (5 U.S.C. 553 (d)(3)), instead
via email at FMCSAregs@dot.gov. Office 131–149. of requiring publication 30 days prior to
hours are from 9 a.m. to 5 p.m. e.t., The Motor Carrier Safety the effective date. For the reasons
Monday through Friday, except Federal Improvement Act of 1999 (MCSIA) (Pub. already stated, FMCSA finds there is
holidays. L. 106–159, 113 Stat. 1748, Dec. 9, 1999) good cause for this rule to be effective
SUPPLEMENTARY INFORMATION: established FMCSA as a new operating on the date of publication in the Federal
administration within DOT, effective Register.
Legal Basis for the Rulemaking January 1, 2000. The motor carrier safety
Congress delegated certain powers to responsibilities previously assigned to Background
regulate interstate commerce to the both ICC and FHWA are now assigned This document makes editorial
United States Department of to FMCSA. changes to correct inaccurate references
Transportation (DOT or Department) in Congress expanded, modified, and
and citations, improve clarity, and fix
numerous pieces of legislation, most amended FMCSA’s authority in the
errors. The reasons for each of these
notably in section 6 of the Department Uniting and Strengthening America by
minor revisions are set out below, in a
srobinson on DSK5SPTVN1PROD with RULES
of Transportation Act (DOT Act) (Pub. Providing Appropriate Tools Required
L. 85–670, 80 Stat. 931 (1966)). Section to Intercept and Obstruct Terrorism section-by-section description of the
55 of the DOT Act transferred to the (USA PATRIOT) Act of 2001 (Pub. L. changes. These amendments do not
Department the authority of the former 107–56, 115 Stat. 272, Oct. 26, 2001), impose any new requirements, nor (with
Interstate Commerce Commission (ICC) the Safe, Accountable, Flexible, one exception) do they make
to regulate the qualifications and Efficient Transportation Equity Act: A substantive changes to the CFR.
maximum hours-of-service of Legacy for Users (SAFETEA–LU) (Pub.
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![59068 Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations
petition, or the uploading of an a driver . . . .’’ FMCSA changes it to issued a medical card until additional
electronically-submitted file of the read: ‘‘An individual who meets the medical information is considered, the
comment or petition. As the electronic definition of both a motor carrier and a examiner must so inform the driver, etc.
docketing system has now been in wide driver employed by that motor carrier However, the compliance date was
use by the Agency for over 18 years, the . . .’’ supposed to have been December 22,
requirement for more than one original Section 391.13. The introductory text 2015. FMCSA amends the first sentence
comment or petition for reconsideration of § 391.13 concerning responsibilities by changing June 22, 2018, to December
is unnecessary, duplicative, and of drivers for determining whether cargo 22, 2015, considering that this
burdensome to the commenter or is properly located, distributed, and paragraph has to be effective on the
petitioner. Therefore, FMCSA is secured in or on the CMV cross same date as the forms. Amendatory
removing the requirement in §§ 389.21 references § 393.9, but § 393.9, ‘‘Lamps instruction number 5 in the June 22,
and 389.35(a) for the comment or operable, prohibition of obstructions of 2015, correction notice (80 FR 35578),
petition to be filed with five legible lamps and reflectors,’’ is not about cargo which updated the date from June 22,
copies. securement. The incorrect reference to 2018, to December 22, 2015, made no
§ 393.9 was included in the final rule reference to amending paragraph (g)(4)
Part 390 that added § 391.13 (June 18, 1998, 63 even though (g)(4) rule text is shown on
Section 390.5. In the definition of the FR 33277) to the FMCSRs. However, in page 35595. Amendatory instruction
term ‘‘Lessee,’’ the word ‘‘of’’ is added reviewing the preamble to the 1998 final number 5 only refers to amending
following the phrase ‘‘in subpart F’’ to rule (see page 33259), it appears that the ‘‘paragraphs (f), (g)(5)(ii), and (h)’’,
correct an inadvertent omission. reference should have been to therefore, the eCFR did not make the
In the definition of the term § 383.111(d) rather than § 393.9. Section change. FMCSA is ensuring that the
‘‘Texting,’’ paragraph (2)(iii) references 383.111 was revised on May 9, 2011 (76 printed CFR revised as of October 1,
purposes that are not otherwise FR 26888) and the rules on the required 2015, will include the updated date.
prohibited ‘‘in this part.’’ This reference knowledge of the relationship of cargo Section 391.45. This section specifies
primarily relates to the ban on texting to vehicle control are now codified in the drivers who must be medically
which is found in § 392.80 rather than § 383.111(a)(16). Therefore, FMCSA examined and certified, ‘‘[e]xcept as
part 390. The reference to ‘‘this part’’ is changes the cross reference in the first provided in § 391.67.’’ Because § 391.67
too limited and is, therefore, changed to line of the introductory text so that it no longer includes any exceptions from
reference ‘‘this subchapter,’’ consistent reads, ‘‘In order to comply with the the medical examination and
with the general scope of the § 390.5 requirements of §§ 392.9(a) and certification requirements, the
definitions. 383.111(a)(16) of this subchapter . . .’’. introductory phrase ‘‘Except as
In the definition of ‘‘Trailer,’’ Section 391.15. The following
provided in § 391.67’’ is removed.
redesignate paragraphs (a), (b), and (c), corrections comport with the September
as paragraphs (1), (2), and (3) to conform 24, 2013 (78 FR 58482) technical Section 391.47. To comport with the
this definition to the style used in a amendment. In paragraph (c)(1)(i), September 24, 2013 (78 FR 58482)
definitions section and the other FMCSA corrects the cross reference to technical amendment, FMCSA corrects
definitions in § 390.5. read, ‘‘§ 395.2 of this subchapter’’ rather paragraph (f) by adding a space after the
Section 390.42. Section 390.42(b) than ‘‘§ 395.2(a) of this partsubchapter.’’ last parentheses and before the word
currently contains an incorrect cross- In addition, FMCSA removes the semi- ‘‘orders.’’
reference to § 396.11(b)(2). On June 12, colon that mistakenly follows the final FMCSA also removes the authority
2012 (77 FR 34852), FMCSA revised period of paragraph (c)(1)(ii). citation that appears in parentheses after
§ 396.11, subdividing paragraph (b) into Section 391.23. Throughout paragraph the last paragraph in § 391.47. The
four paragraphs: Paragraphs (b)(1) (c), any reference to ‘‘driver authority citation is outdated; and the
through (4). However, FMCSA did not investigation history file,’’ ‘‘Driver FMCSA no longer includes an authority
change the cross reference in Investigation file,’’ or ‘‘driver history citation at the end of a section.
§ 390.42(b). The October 1, 2012 (77 FR investigation file,’’ is revised to read Moreover, the citations for § 391.47 are
59828) technical amendment attempted consistently in each instance ‘‘driver covered by the general authority
to correct the error, but incorrectly investigation history file.’’ This clarifies citations for all of part 391, namely, 49
changed the cross reference to that all these references are to the same U.S.C. 31133, 31136, and 31149 of the
§ 396.11(b)(2). This technical file and makes the terminology Motor Carrier Safety Act of 1984, as
amendment correctly changes the cross consistent with § 391.53. amended, and 49 U.S.C. 31502 of the
reference to § 396.11(b)(1). The cross reference in paragraph Motor Carrier Act of 1935, as amended.
Section 390.115. FMCSA corrects an (m)(3)(i)(C) currently references Part 393
inadvertent grammatical error in § 383.73(a)(5), but that paragraph was
paragraph (d)(2)(iv) by removing the removed on May 9, 2011 (76 FR 26883). Section 393.7. FMCSA amends
phrase ‘‘performs examinations FMCSA replaces that reference with the § 393.7(b)—which lists all the
maintain documentation’’ and replaces correct reference to ‘‘§ 383.73(a)(2)(vii).’’ paragraphs in part 393 that have
it with the phrase ‘‘performs Section 391.41. FMCSA corrects the materials incorporated by reference—to
examinations and maintains format of the cross reference in restore a reference to an Underwriters
documentation.’’ This wording is paragraph (b)(12)(ii) by changing it from Laboratories’ standard that was
consistent with the wording in ‘‘21 part 1308’’ to ‘‘21 CFR part 1308.’’ mistakenly deleted. Section 393.95(j)
§ 390.115(f)(4). Section 391.43. FMCSA corrects refers to a specific Underwriters
srobinson on DSK5SPTVN1PROD with RULES
paragraph (g)(4) included in the Laboratories’ standard on highway
Part 391 Agency’s April 23, 2015 (80 FR 22790, emergency signals and then states ‘‘See
Section 391.1. FMCSA changes 22812) final rule, ‘‘Medical Examiner’s § 393.7 for information on the
paragraph (b) to remove a grammatical Certification Integration.’’ Currently, incorporation by reference and
inconsistency and improve clarity. paragraph (g)(4) indicates that beginning availability of this document.’’
Currently, paragraph (b) reads, ‘‘A motor June 22, 2018, if the medical examiner However, § 393.7(b) fails to include that
carrier who employs himself/herself as determines that a driver should not be document.
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![Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations 59073
PART 384—STATE COMPLIANCE § 384.228 Examiner training and record 31133, 31135, 31136, 31137(a), 31144, 31148,
WITH COMMERCIAL DRIVER’S checks. 31151, and 31502; Sec. 113(a), Pub. L. 103–
LICENSE PROGRAM * * * * * 311; Sec. 408, Pub. L. 104–88; Sec. 350 of
(k) The eight units of training Pub. L. 107–87; and 49 CFR 1.87.
■ 21. The authority citation for part 384 described in paragraphs (c) and (d) of
this section may be supplemented with ■ 26. Amend § 385.3 by revising the
continues to read as follows: definition of the term ‘‘HMRs’’ to read
State-specific material and information
Authority: 49 U.S.C. 31136, 31301, et seq., related to administering CDL knowledge as follows:
and 31502; secs. 103 and 215 of Pub. L. 106– and skills tests. § 385.3 Definitions and acronyms.
59, 113 Stat. 1753, 1767; and 49 CFR 1.87. ■ 24. Revise § 384.403 to read as
* * * * *
■ 22. Revise § 384.222 to read as follows:
HMRs means the Hazardous Materials
follows: § 384.403 Availability of funds withheld for Regulations (49 CFR parts 171–180).
noncompliance.
§ 384.222 Violation of out-of-service * * * * *
orders.
Federal-aid highway funds withheld
from a State under § 384.401(a) or (b) of ■ 27. Amend § 385.321(b) by revising
The State must have and enforce laws this subpart shall not thereafter be Violation 15 of the Table to § 385.321 to
and/or regulations applicable to drivers available for apportionment to the State. read as follows:
of CMVs and their employers, as
PART 385— SAFETY FITNESS § 385.321 What failures of safety
defined in § 383.5 of this subchapter, management practices disclosed by the
which meet the minimum requirements PROCEDURES
safety audit will result in a notice to a new
of § 383.37(d), Table 4 to § 383.51, and ■ 25. The authority citation for part 385 entrant that its USDOT new entrant
§ 383.53(b) of this subchapter. continues to read as follows: registration will be revoked?
■ 23. Amend § 384.228 by revising Authority: 49 U.S.C. 113, 504, 521(b),
* * * * *
paragraph (k) to read as follows: 5105(e), 5109, 5113, 13901–13905, 13908, (b) * * *
TABLE TO § 385.321—VIOLATIONS THAT WILL RESULT IN AUTOMATIC FAILURE OF THE NEW ENTRANT SAFETY AUDIT
Guidelines for
determining automatic
Violation failure of the
safety audit
* * * * * * *
15. § 396.11(a)(3)—Failing to correct out-of-service defects listed by driver in a driver vehicle inspec- Single occurrence.
tion report before the vehicle is operated.
* * * * * * *
■ 28. Amend § 385.403 by revising the vehicle is operated again (acute)’’ Authority: 49 U.S.C. 113, 501 et seq.,
paragraphs (b) and (f) to read as follows: and adding in its place a citation that subchapters I and III of chapter 311, chapter
reads as follows: ‘‘§ 396.11(a)(3) Failing 313, and 31502; 42 U.S.C. 4917; and 49 CFR
§ 385.403 Who must hold a safety permit? 1.87.
to correct Out-of-Service defects listed
* * * * * by driver in a driver vehicle inspection ■ 33. Revise § 389.21 to read as follows:
(b) More than 25 kg (55 pounds) net report before the vehicle is operated § 389.21 Contents of written comments.
weight of a Division 1.1, 1.2, or 1.3 again (acute)’’.
(explosive) material or articles or an All written comments must be in
amount of a Division 1.5 (explosive) PART 387—MINIMUM LEVELS OF English. Any interested person must
material requiring placarding under part FINANCIAL RESPONSIBILITY FOR submit as part of his/her written
172 of this title; MOTOR CARRIERS comments all material that he/she
considers relevant to any statement of
* * * * * fact made by him/her. Incorporation of
■ 30. The authority citation for part 387
(f) A shipment of methane material by reference is to be avoided.
continues to read as follows:
(compressed or refrigerated liquid), However, if such incorporation is
natural gas (compressed or refrigerated Authority: 49 U.S.C. 13101, 13301, 13906,
13908, 14701, 31138, 31139, and 31144; and necessary, the incorporated material
liquid), or any other compressed or shall be identified with respect to
49 CFR 1.87.
refrigerated liquefied gas with a document and page.
methane content of at least 85 percent, § 387.317 [Amended] ■ 34. Amend § 389.35 by revising
in bulk packaging having a capacity
■ 31. Amend § 387.317 by removing the paragraph (a) to read as follows:
equal to or greater than 13,248 L (3,500
gallons). reference to ‘‘§ 387.301(d)’’ and adding
§ 389.35 Petitions for reconsideration.
in its place a reference to ‘‘§ 387.301(c)’’.
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Appendix B to Part 385 [Amended] (a) Any interested person may
PART 389—RULEMAKING petition the Administrator for
■ 29. Amend Appendix B to Part 385, in PROCEDURES—FEDERAL MOTOR reconsideration of any rule issued under
section VII, by removing the citation for CARRIER SAFETY REGULATIONS this part. The petition must be in
‘‘§ 396.11(c) Failing to correct Out-of- English and submitted to the
Service defects listed by driver in a ■ 32. The authority citation for part 389 Administrator, Federal Motor Carrier
driver vehicle inspection report before continues to read as follow: Safety Administration, 1200 New Jersey
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![59074 Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations
Ave. SE., Washington, DC 20590–0001, State, or local government. The medical § 391.23 Investigation and inquiries.
and received not later than thirty (30) examiner must provide this * * * * *
days after publication of the rule in the documentation within 48 hours of the (c) * * *
Federal Register. Petitions filed after request for investigations and within 10 (3) Prospective employers should
that time will be considered as petitions days of the request for regular audits of report failures of previous employers to
filed under § 389.31 of this part. The eligibility. respond to an investigation to the
petition must contain a brief statement * * * * * FMCSA and use the complaint
of the complaint and an explanation as procedures specified at § 386.12 of this
to why compliance with the rule is not PART 391—QUALIFICATIONS OF subchapter. Keep a copy of the reports
practicable, is unreasonable, or is not in DRIVERS AND LONGER in the driver investigation history file as
the public interest. COMBINATION VEHICLE (LCV) part of documenting a good faith effort
* * * * * DRIVER INSTRUCTORS to obtain the required information.
(4) Exception. For drivers with no
PART 390—FEDERAL MOTOR ■ 39. The authority citation for part 391 previous employment experience
CARRIER SAFETY REGULATIONS; is revised to read as follows: working for a DOT-regulated employer
GENERAL Authority: 49 U.S.C. 504, 508, 31133, during the preceding three years,
31136, 31149, and 31502; sec. 4007(b) of Pub. documentation that no investigation
■ 35. The authority citation for part 390 L. 102–240, 105 Stat. 1914, 2152; sec. 114 of was possible must be placed in the
continues to read as follows: Pub. L. 103–311, 108 Stat. 1673, 1677; sec. driver investigation history file, after
Authority: 49 U.S.C. 504, 508, 13301, 215 of Pub. L. 106–159, 113 Stat. 1748, 1767; October 29, 2004, within the required 30
13902, 13908, 31132, 31133, 31136, 31144, sec. 32934 of Pub. L. 112–141, 126 Stat. 405, days of the date the driver’s
31151, 31502, 31504; sec. 114, Pub. L. 103– 830; and 49 CFR 1.87.
employment begins.
311, 108 Stat. 1673, 1677; sec. 212, 217, Pub.
L. 106–159, 113 Stat. 1748, 1767, 1773; sec.
■ 40. Amend § 391.1 by revising * * * * *
229 Pub. L. 106–159 (as transferred by sec. paragraph (b) to read as follows: (m) * * *
4114 and amended by secs. 4130–4132, Pub. (3) * * *
§ 391.1 Scope of the rules in this part;
L. 109–59, 119 Stat. 1144, 1726, 1743–44); (i) * * *
additional qualifications; duties of carrier-
and 49 CFR 1.81, 1.81a, and 1.87. drivers.
(C) Until June 22, 2018, if the driver
provided the motor carrier with a copy
§ 390.5 [Amended] * * * * * of the current medical examiner’s
■ 36. Amend § 390.5 as follows: (b) An individual who meets the certificate that was submitted to the
■ a. In the definition of the term definition of both a motor carrier and a State in accordance with
‘‘Lessee,’’ add the word ‘‘of’’ after the driver employed by that motor carrier § 383.73(a)(2)(vii) of this chapter, the
phrase ‘‘in subpart F’’ in the first must comply with both the rules in this motor carrier may use a copy of that
sentence; part that apply to motor carriers and the medical examiner’s certificate as proof
■ b. In paragraph (2)(iii) of the rules in this part that apply to drivers. of the driver’s medical certification for
definition of the term ‘‘Texting,’’ remove ■ 41. Amend § 391.13 by revising the up to 15 days after the date it was
the phrase ‘‘in this part’’ and add in its introductory text to read as follows: issued.
place the phrase ‘‘in this subchapter’’. * * * * *
■ c. In the definition of the term § 391.13 Responsibilities of drivers.
‘‘Trailer,’’ redesignate paragraphs (a), ■ 44. Amend § 391.41 by revising
In order to comply with the
(b), and (c), as paragraphs (1), (2), and paragraph (b)(12)(ii) to read as follows:
requirements of §§ 392.9(a) and
(3). 383.111(a)(16) of this subchapter, a § 391.41 Physical qualifications of drivers.
§ 390.42 [Amended]
motor carrier shall not require or permit * * * * *
a person to drive a commercial motor (b) * * *
■ 37. Amend § 390.42(b) by removing vehicle unless the person— (12) * * *
the reference to ‘‘§ 396.11(b)(2)’’ and
* * * * * (ii) Does not use any non-Schedule I
adding in its place a reference to
■ 42. Amend § 391.15 by revising drug or substance that is identified in
‘‘§ 396.11(b)(1)’’.
paragraphs (c)(1)(i) and (ii) to read as the other Schedules in 21 CFR part 1308
■ 38. Amend § 390.115 by revising except when the use is prescribed by a
paragraph (d)(2)(iv) to read as follows: follows:
licensed medical practitioner, as
§ 390.115 Procedure for removal from the § 391.15 Disqualification of drivers. defined in § 382.107, who is familiar
National Registry of Certified Medical * * * * * with the driver’s medical history and
Examiners. (c) * * * has advised the driver that the
* * * * * (1) * * * substance will not adversely affect the
(d) * * * (i) The offense was committed during driver’s ability to safely operate a
(2) * * * on-duty time as defined in § 395.2 of commercial motor vehicle.
(iv) Maintain documentation of State this subchapter or as otherwise * * * * *
licensure, registration, or certification to specified; and ■ 45. Amend § 391.43 by revising
perform physical examinations for each paragraph (g)(4) to read as follows:
(ii) The driver is employed by a motor
State in which the examiner performs
carrier or is engaged in activities that are
examinations and maintains § 391.43 Medical examination; certificate
in furtherance of a commercial
srobinson on DSK5SPTVN1PROD with RULES
documentation of completion of all of physical examination.
enterprise in interstate, intrastate, or
training required by §§ 390.105 and * * * * *
foreign commerce.
390.111 of this part. The medical (g) * * *
examiner must also make this * * * * * (4) Beginning December 22, 2015, if
documentation available to an ■ 43. Amend § 391.23 by revising the medical examiner finds that the
authorized representative of FMCSA or paragraphs (c)(3) and (4) and (m)(3)(i)(C) determination of whether the person
an authorized representative of Federal, to read as follows: examined is physically qualified to
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![Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Rules and Regulations 59075
operate a commercial motor vehicle in ■ 50. Amend § 393.17 by revising application has complied’’ in the third
accordance with § 391.41(b) should be paragraph (c)(1) introductory text to sentence and adding in its place the
delayed pending the receipt of read as follows: phrase ‘‘certification that the
additional information or the conduct of application complies’’.
§ 393.17 Lamps and reflectors—
further examination in order for the ■ 57. Amend Appendix F to Subchapter
combinations in driveaway-towaway
medical examiner to make such operation. B of Chapter III—Commercial Zones,
determination, he or she must inform Section 31, Charleston, S.C., by revising
the person examined that the additional * * * * *
(c) * * * paragraph (d) to read as follows:
information must be provided or the (1) When the vehicle is operated in
further examination completed within Appendix F to Subchapter B of Chapter
accordance with the terms of a special III—Commercial Zones
45 days, and that the pending status of permit prohibiting operation during the
the examination will be reported to times when lighted lamps are required, * * * * *
FMCSA. it must have on the rear— Sec. 31 Charleston, S.C.
* * * * * * * * * * * * * * *
■ 46. Amend § 391.45 by revising the ■ 51. Amend § 393.71 by revising (d) All of any municipality any part
introductory text to read as follows. paragraph (n)(1) to read as follows: of which is within the limits of the
§ 391.45 Persons who must be medically § 393.71 Coupling devices and towing
combined areas defined in paragraphs
examined and certified. methods, driveaway-towaway operations. (b) and (c) of this section.
The following persons must be * * * * * * * * * *
medically examined and certified in (n) * * * Issued under authority delegated in 49 CFR
accordance with § 391.43 of this subpart (1) Front axle attachment. The front 1.87 on: September 23, 2015.
as physically qualified to operate a axle of one motor vehicle intended to be T. F. Scott Darling III,
commercial motor vehicle: coupled with another vehicle or parts of Acting Administrator.
* * * * * motor vehicles together to form one [FR Doc. 2015–24635 Filed 9–30–15; 8:45 am]
vehicle shall be attached with U-bolts
■ 47. Amend § 391.47 by removing the BILLING CODE 4910–EX–P
meeting the requirements of paragraph
authority citation that follows the (j)(2) of this section.
section and by revising paragraph (f).
* * * * * DEPARTMENT OF COMMERCE
The revision reads as follows.
§ 393.95 [Amended]
§ 391.47 Resolution of conflicts of medical National Oceanic and Atmospheric
evaluation. ■ 52. Amend § 393.95 by removing the Administration
* * * * * authority citation that follows the
(f) Status of driver. Once an section. 50 CFR Part 679
application is submitted to the Director, PART 395—HOURS OF SERVICE OF [Docket No. 140918791–4999–02]
Office of Carrier, Driver and Vehicle DRIVERS
Safety Standards (MC–PS), the driver RIN 0648–XE213
shall be deemed disqualified until such ■ 53. The authority citation for part 395 Fisheries of the Exclusive Economic
time as the Director, Office of Carrier, continues to read as follows: Zone Off Alaska; ‘‘Other Rockfish’’ in
Driver and Vehicle Safety Standards Authority: 49 U.S.C. 504, 31133, 31136, the Central and Western Regulatory
(MC–PS) makes a determination, or 31137, and 31502; sec. 113, Pub. L. 103–311, Areas of the Gulf of Alaska
until the Director, Office of Carrier, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106–
Driver and Vehicle Safety Standards 159 (as transferred by sec. 4115 and amended AGENCY: National Marine Fisheries
(MC–PS) orders otherwise. by secs. 4130–4132, Pub. L. 109–59, 119 Stat. Service (NMFS), National Oceanic and
1144, 1726, 1743, 1744); sec. 4133, Pub. L. Atmospheric Administration (NOAA),
PART 393—PARTS AND 109–59, 119 Stat. 1144, 1744; sec. 108, Pub.
Commerce.
ACCESSORIES NECESSARY FOR L. 110–432, 122 Stat. 4860–4866; sec. 32934,
Pub. L. 112–141, 126 Stat. 405, 830; and 49 ACTION: Temporary rule; closure.
SAFE OPERATION
CFR 1.87.
SUMMARY: NMFS is prohibiting retention
■ 48. The authority citation for part 393 § 395.1 [Amended] of ‘‘other rockfish’’ in the Central and
continues to read as follows: Western Regulatory Areas of the Gulf of
■ 54. Amend § 395.1 by removing the
Authority: 49 U.S.C. 31136, 31151, and second paragraph (g)(1)(ii)(C). Alaska (GOA). This action is necessary
31502; sec. 1041(b) of Pub. L. 102–240, 105 because the 2015 total allowable catch
Stat. 1914, 1993 (1991); and 49 CFR 1.87. PART 397—TRANSPORTATION OF of ‘‘other rockfish’’ in the Central and
■ 49. Amend § 393.7 by adding HAZARDOUS MATERIALS; DRIVING Western Regulatory Areas of the GOA
paragraph (b)(15) to read as follows: AND PARKING RULES will be reached.
DATES: Effective 1200 hours, Alaska
§ 393.7 Matter incorporated by reference. ■ 55. The authority citation for part 397 local time (A.l.t.), September 30, 2015,
* * * * * continues to read as follows: through 2400 hours, A.l.t., December 31,
(b) * * * Authority: 49 U.S.C. 322; 49 CFR 1.87. 2015.
Subpart A also issued under 49 U.S.C. 5103,
srobinson on DSK5SPTVN1PROD with RULES
(15) Highway Emergency Signals, FOR FURTHER INFORMATION CONTACT: Josh
31136, 31502, and 49 CFR 1.97. Subparts C,
Fourth Edition, Underwriters D, and E also issued under 49 U.S.C. 5112, Keaton, 907–586–7228.
Laboratories, Inc., UL No. 912, July 30, 5125. SUPPLEMENTARY INFORMATION: NMFS
1979 (with an amendment dated manages the groundfish fishery in the
November 9, 1981), incorporation by § 397.215 [Amended] GOA exclusive economic zone
reference approved for § 393.95(j). ■ 56. Amend § 397.215(a) by removing according to the Fishery Management
* * * * * the phrase ‘‘certification with the Plan for Groundfish of the Gulf of
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Document Created: 2015-12-15 08:40:27
Document Modified: 2015-12-15 08:40:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The final rule is effective October 1, 2015. | |
| Contact | Mr. David Miller, Federal Motor Carrier Safety Administration, Regulatory Development Division, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, by telephone at (202) 366-5370 or via email at [email protected] Office hours are from 9 a.m. to 5 p.m. e.t., Monday through Friday, except Federal holidays. | |
| FR Citation | 80 FR 59065 | |
| RIN Number | 2126-AB83 | |
| CFR Citation | 49
CFR
350 49 CFR 365 49 CFR 375 49 CFR 377 49 CFR 381 49 CFR 383 49 CFR 384 49 CFR 385 49 CFR 387 49 CFR 389 49 CFR 390 49 CFR 391 49 CFR 393 49 CFR 395 49 CFR 396 49 CFR 397 | |
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