81 FR 71016 - General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations; Correction
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 81, Issue 199 (October 14, 2016)
Federal Motor Carrier Safety Administration
Federal Register Volume 81, Issue 199 (October 14, 2016)
| Page Range | 71016-71016 | |
| FR Document | 2016-24922 |
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)] [Rules and Regulations] [Page 71016] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24922] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 382 and 383 RIN 2126-AB95 General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations; Correction AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Correcting amendment. ----------------------------------------------------------------------- SUMMARY: The Federal Motor Carrier Safety Administration corrects an inadvertent error in the October 4, 2016 final rule ``General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations.'' Due to an error, the rule unintentionally did not include the word ``and'' at the end of the next to last condition for a farm vehicle driver to take advantage of the farm vehicle driver exceptions to commercial driver's license standards and alcohol and drug testing requirements. Today's correction makes it clear that all four conditions in each farm vehicle driver exception must be met in order for the exception to be used. DATES: Effective: October 13, 2016. FOR FURTHER INFORMATION CONTACT: Mr. David Miller, Federal Motor Carrier Safety Administration, Regulatory Development Division, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, by telephone at (202) 366-5370. Office hours are from 9:00 a.m. to 5:00 p.m. e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: The Federal Motor Carrier Safety Administration published a document in the Federal Register on October 4, 2016 (81 FR 68336). This correction updates the amendments published on October 4, 2016. In rule FR Doc. 2016-22996, published on October 4, 2016 (81 FR 68336). List of Subjects 49 CFR Part 382 Administrative practice and procedure, Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor carriers, Penalties, Safety, Transportation. 49 CFR Part 383 Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety, Motor carriers. Accordingly, 49 CFR part 382 is corrected by making the following correcting amendments: PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING 0 1. The authority citation for part 382 continues to read as follows: Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec. 32934 of Public Law 112-141, 126 Stat. 405, 830; and 49 CFR 1.87. 0 2. In Sec. 382.103, revise paragraph (d)(3)(i)(C) to read as follows: Sec. 382.103 Applicability.* * * * * (d) * * * (3) * * * (i) * * * (C) Not used in the operations of a for-hire motor carrier, except for an exempt motor carrier as defined in Sec. 390.5 of this subchapter; and * * * * * PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES 0 3. The authority citation for part 383 continues to read as follows: Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 214 and 215 of Public Law 106-159, 113 Stat. 1748, 1766, 1767; sec. 1012(b) of Public Law 107-56, 115 Stat. 272, 297, sec. 4140 of Public Law 109-59, 119 Stat. 1144, 1746; sec. 32934 of Public Law 112-141, 126 Stat. 405, 830; sec. 7208 of Public Law 114-94, 129 Stat. 1312, 1593; and 49 CFR 1.87. 0 4. In Sec. 383.3, revise paragraph (d)(1)(iii) to read as follows: Sec. 383.3 Applicability. * * * * * (d) * * * (1) * * * (iii) Not used in the operations of a for-hire motor carrier, except for an exempt motor carrier as defined in Sec. 390.5 of this subchapter; and * * * * * Issued on: October 6, 2016. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2016-24922 Filed 10-13-16; 8:45 am] BILLING CODE 4910-EX-P
![71016 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations
FMCSRs and HMRs or have the same inadvertent error in the October 4, 2016 PART 382—CONTROLLED
effect as the FMCSRs and identical to final rule ‘‘General Technical, SUBSTANCES AND ALCOHOL USE
the HMRs) and intrastate commerce Organizational, Conforming, and AND TESTING
(i.e., rules identical to or within the Correcting Amendments to the Federal
tolerance guidelines for the FMCSRs Motor Carrier Safety Regulations.’’ Due ■ 1. The authority citation for part 382
and identical to the HMRs) enacts a law to an error, the rule unintentionally did continues to read as follows:
or regulation which results in an not include the word ‘‘and’’ at the end Authority: 49 U.S.C. 31133, 31136, 31301
incompatible rule; of the next to last condition for a farm et seq., 31502; sec. 32934 of Public Law 112–
(2) When a State fails to adopt a new vehicle driver to take advantage of the 141, 126 Stat. 405, 830; and 49 CFR 1.87.
FMCSR or HMR or an amendment to an farm vehicle driver exceptions to
FMCSR or HMR within 3 years of its commercial driver’s license standards ■ 2. In § 382.103, revise paragraph
effective date; or and alcohol and drug testing (d)(3)(i)(C) to read as follows:
(3) Upon a finding by FMCSA, based requirements. Today’s correction makes § 382.103 Applicability.* * * * *
upon its own initiative or upon a it clear that all four conditions in each (d) * * *
petition of any person, including any farm vehicle driver exception must be (3) * * *
State, that a State law, regulation or met in order for the exception to be
(i) * * *
enforcement practice pertaining to CMV used.
(C) Not used in the operations of a for-
safety, in either interstate or intrastate
DATES: Effective: October 13, 2016. hire motor carrier, except for an exempt
commerce, is incompatible with the
motor carrier as defined in § 390.5 of
FMCSRs or HMRs. FOR FURTHER INFORMATION CONTACT: Mr. this subchapter; and
(b) Any decision regarding the David Miller, Federal Motor Carrier
compatibility of State law or regulation * * * * *
Safety Administration, Regulatory
with the HMRs that requires an Development Division, 1200 New Jersey PART 383—COMMERCIAL DRIVER’S
interpretation will be referred to the Avenue SE., Washington, DC 20590– LICENSE STANDARDS;
Pipeline and Hazardous Materials Safety 0001, by telephone at (202) 366–5370. REQUIREMENTS AND PENALTIES
Administration of the DOT for such Office hours are from 9:00 a.m. to 5:00
interpretation before proceeding under p.m. e.t., Monday through Friday, ■ 3. The authority citation for part 383
§ 350.215. except Federal holidays. continues to read as follows:
Issued under the authority of delegation in Authority: 49 U.S.C. 521, 31136, 31301 et
SUPPLEMENTARY INFORMATION: The
49 CFR 1.87: September 19, 2016. seq., and 31502; secs. 214 and 215 of Public
Federal Motor Carrier Safety
T.F. Scott Darling, III, Administration published a document Law 106–159, 113 Stat. 1748, 1766, 1767; sec.
Administrator. 1012(b) of Public Law 107–56, 115 Stat. 272,
in the Federal Register on October 4,
[FR Doc. 2016–24925 Filed 10–13–16; 8:45 am] 297, sec. 4140 of Public Law 109–59, 119
2016 (81 FR 68336). This correction Stat. 1144, 1746; sec. 32934 of Public Law
BILLING CODE 4910–EX–P updates the amendments published on 112–141, 126 Stat. 405, 830; sec. 7208 of
October 4, 2016. In rule FR Doc. 2016– Public Law 114–94, 129 Stat. 1312, 1593; and
22996, published on October 4, 2016 (81 49 CFR 1.87.
DEPARTMENT OF TRANSPORTATION FR 68336).
■ 4. In § 383.3, revise paragraph
Federal Motor Carrier Safety List of Subjects (d)(1)(iii) to read as follows:
Administration
49 CFR Part 382 § 383.3 Applicability.
49 CFR Parts 382 and 383 Administrative practice and * * * * *
procedure, Alcohol abuse, Drug abuse, (d) * * *
RIN 2126–AB95
Drug testing, Highway safety, Motor (1) * * *
General Technical, Organizational, carriers, Penalties, Safety, (iii) Not used in the operations of a
Conforming, and Correcting Transportation. for-hire motor carrier, except for an
Amendments to the Federal Motor exempt motor carrier as defined in
49 CFR Part 383 § 390.5 of this subchapter; and
Carrier Safety Regulations; Correction
Administrative practice and * * * * *
AGENCY: Federal Motor Carrier Safety procedure, Alcohol abuse, Drug abuse, Issued on: October 6, 2016.
Administration (FMCSA), DOT. Highway safety, Motor carriers. Larry W. Minor,
ACTION: Correcting amendment.
Accordingly, 49 CFR part 382 is Associate Administrator for Policy.
SUMMARY: The Federal Motor Carrier corrected by making the following [FR Doc. 2016–24922 Filed 10–13–16; 8:45 am]
Safety Administration corrects an correcting amendments: BILLING CODE 4910–EX–P
ehiers on DSK5VPTVN1PROD with RULES
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Document Created: 2016-10-14 00:00:37
Document Modified: 2016-10-14 00:00:37
| 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 | Correcting amendment. | |
| Dates | Effective: October 13, 2016. | |
| 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. Office hours are from 9:00 a.m. to 5:00 p.m. e.t., Monday through Friday, except Federal holidays. | |
| FR Citation | 81 FR 71016 | |
| RIN Number | 2126-AB95 | |
| CFR Citation | 49
CFR
382 49 CFR 383 | |
| CFR Associated | Administrative Practice and Procedure; Alcohol Abuse; Drug Abuse; Drug Testing; Highway Safety; Motor Carriers; Penalties; Safety and Transportation |
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