83 FR 22865 - 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 83, Issue 96 (May 17, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 96 (May 17, 2018)
| Page Range | 22865-22882 | |
| FR Document | 2018-10437 |
[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)] [Rules and Regulations] [Pages 22865-22882] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10437] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 350, 360, 365, 373, 380, 382, 383, 384, 385, 387, 390, 393, 395, 396, 397, and 398 RIN 2126-AC06 General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: FMCSA amends its regulations by making technical corrections throughout the Federal Motor Carrier Safety Regulations. The Agency makes minor changes to correct inadvertent errors and omissions, remove or update obsolete references, ensure conformity with Office of the Federal Register style guidelines, and improve the clarity and consistency of certain regulatory provisions. DATES: This rule is effective June 18, 2018. 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 9:00 a.m. to 5:00 p.m. e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: I. Legal Basis for the Rulemaking Congress delegated certain powers to regulate interstate commerce to the United States Department of Transportation (DOT or Department) in numerous pieces of legislation, most notably in section 6 of the Department of Transportation Act (DOT Act) (Pub. L. 89-670, 80 Stat. 931, Oct. 15, 1966). Section 6 of the DOT Act transferred to the Department the authority of the former Interstate Commerce Commission (ICC) to regulate the qualifications and maximum hours-of-service of employees, the safety of operations, and the equipment of motor carriers in interstate commerce. This authority, first granted to the ICC in the Motor Carrier Act of 1935 (Pub. L. 74-255, 49 Stat. 543, Aug. 9, 1935), now appears in 49 U.S.C. chapter 315. The regulations issued under this (and subsequently enacted) authority became known as the Federal Motor Carrier Safety Regulations (FMCSRs), codified at 49 CFR parts 350-399. The administrative powers to enforce chapter 315 (codified in 49 U.S.C. chapter 5) were also transferred from the ICC to the DOT in 1966 and assigned, first to the Federal Highway Administration (FHWA), and then to FMCSA. The FMCSA Administrator has been delegated authority under 49 CFR 1.87 to carry out the motor carrier functions vested in the Secretary of Transportation. 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 (MCSA) (Pub. L. 98-554, 98 Stat. 2832, Oct. 30, 1984), codified at 49 U.S.C. chapter 311, subchapter III; the Commercial Motor Vehicle Safety Act of 1986 (Pub. L. 99-570, 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 (ICCTA) (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 the ICC and FHWA are now assigned to FMCSA. Congress expanded, modified, and amended FMCSA's authority in the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (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); the Moving Ahead for Progress in the 21st Century Act (MAP-21) (Pub. L. 112-141, 126 Stat. 405, July 6, 2012); and the Fixing America's Surface Transportation Act (FAST Act) (Pub. L. 114-94, 129 Stat. 1312, Dec. 4, 2015). The specific regulations amended by this rule are based on the statutes detailed above. Generally, the legal authority for each of those provisions was explained when the requirement was originally adopted and is noted at the beginning of each part in title 49 of the CFR. The Administrative Procedure Act (APA) (5 U.S.C. 551-706) specifically provides exceptions to its notice and comment rulemaking procedures when the Agency finds there is good cause to dispense with them, and incorporates the finding and a brief statement of reasons therefore in the rules issued. Generally, good cause exists when 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, ensure conformity with Office of the Federal Register style guidelines, and make minor changes to improve clarity and consistency. The technical amendments do not impose any material new requirements or increase compliance obligations. For these reasons, FMCSA finds good cause that notice and public comment on this final rule are unnecessary. The APA also allows agencies to make rules effective immediately with good cause (5 U.S.C. 553(d)(3)), instead of requiring publication 30 days prior to the effective date. For the reasons already stated, FMCSA finds there is good cause for this rule to be effective immediately. FMCSA is aware of the regulatory requirements concerning public participation in FMCSA rulemaking (49 U.S.C. 31136(g)). These requirements pertain to certain major rules,\1\ but, because this final rule is not a major rule, they are not applicable. In any event, the Agency finds that publication of an advance notice of proposed rulemaking under 49 U.S.C. [[Page 22866]] 31136(g)(1)(A), or a negotiated rulemaking under 49 U.S.C. 31136(g)(1)(B), is unnecessary and contrary to the public interest in accordance with the waiver provision in 49 U.S.C. 31136(g)(3). --------------------------------------------------------------------------- \1\ A ``major rule'' means any rule that the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget finds has resulted in or is likely to result in (a) an annual effect on the economy of $100 million or more; (b) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (c) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets 5 U.S.C. 804(2)). Exception: The term ``major rule'' does not include any rule promulgated under the Telecommunications Act of 1996 and the amendments made by that Act. --------------------------------------------------------------------------- II. Background This document makes changes to correct inadvertent errors and omissions, remove or update obsolete references, ensure conformity with Office of the Federal Register style guidelines, and improve clarity and consistency. These amendments, however, do not impose any material new requirements. The reasons for each of these minor revisions are described below in the Section-by-Section Analysis. III. Section-by-Section Analysis This section-by-section analysis describes the technical amendment provisions in numerical order. A. Part 350 Section 350.105 What definitions are used in this part? FMCSA adds a definition of ``New Entrant Safety Audits'' to Sec. 350.105. On October 14, 2016 (81 FR 71002, 71010), FMCSA made various amendments to Sec. 350.105 to ensure the section was current and consistent with the requirements of the FAST Act, enacted on December 4, 2015. Inadvertently, the definition for ``New Entrant Safety Audits'' was not included in the amendatory language--the description of a rule that immediately precedes each change--though it was included in the regulatory text itself. This addition corrects this oversight. Section 350.335 What are the consequences if a state has laws or regulations incompatible with the federal regulations? FMCSA corrects the introductory text for paragraph (a) by changing a cross reference incorrectly given as ``49 CFR 320.215'' to read ``49 CFR 350.215.'' This error originally appeared in a rule FMCSA published to conform part 350 to the FAST Act on October 14, 2016 (81 FR 71015). This amendment corrects that error. B. Part 360 Section 360.1T Fees for Registration-Related Services FMCSA changes Sec. 360.1T to correct the name of the office and routing code of the ``Office of Data Analysis and Information Systems'' to read the ``Office of Registration and Safety Information (MC-RS)'' in paragraphs (a) and (d)(2). This change reflects the current name of the office with those responsibilities. Section 360.1 (suspended) does not require a corresponding change. Section 360.3T Filing Fees In Sec. 360.3T, paragraphs (a)(2) introductory text and (a)(2)(iii), FMCSA removes the references to ``Office of Enforcement and Compliance, Insurance Compliance Division (MC-ECI).'' In their place, FMCSA adds references to the ``Office of Registration and Safety Information (MC-RS).'' In paragraphs (e)(2)(i) and (e)(2)(iii), FMCSA removes the references to ``Director, Office of Data Analysis and Information Systems'' and replaces them with references to the ``Director, Office of Registration and Safety Information (MC-RS).'' This change reflects the current name of the office with those responsibilities. Section 360.3 (suspended) refers to the office correctly. C. Part 365 Section 365.403T Definitions FMCSA changes Sec. 365.403T(a), which defines ``transfer,'' to remove the footnote as originally drafted by the former ICC and, instead, make it part of the CFR text. This amendment makes the former footnote paragraph (a)(2). This footnote has been part of the rule text since it was originally published on February 18, 1988 (52 FR 4852). The footnote further describes what is meant by a transfer, and contains exceptions. It should properly be part of the regulatory text. Section 365.403 (suspended) does not require a corresponding change. D. Part 373 Section 373.103 For-Hire, Non-Exempt Expense Bills FMCSA reorganizes Sec. 373.103 to number the undesignated paragraphs following paragraphs (a)(11) and (b)(11). The Agency redesignates current paragraphs (a)(1) through (11) as paragraphs (a)(1)(i) through (xi) and the undesignated paragraph as (a)(2). Paragraphs (b)(1) through (11) are redesignated as paragraphs (b)(1)(i) through (xi) and the undesignated paragraph becomes paragraph (b)(2). Though these undesignated paragraphs have been part of the rule since it was added by the ICC as 49 CFR 1051.2 on March 27, 1990 (55 FR 11198), undesignated paragraphs are contrary to the style of the Office of the Federal Register, which requires that all text in a section be designated.\2\ --------------------------------------------------------------------------- \2\ Document Drafting Handbook, Office of the Federal Register, National Archives and Records Service, updated May 2017. Page 3-31 --------------------------------------------------------------------------- E. Part 380 Section 380.107 General Requirements FMCSA corrects the reference to ``appendix'' in paragraph (a) to refer to ``Appendix F.'' On December 8, 2016 (81 FR 88794), FMCSA redesignated the existing appendix to part 380 as Appendix F, but failed to correct all the cross references to the appendix. This amendment corrects that oversight. Section 380.109 Driver Testing In Sec. 380.109, published March 30, 2004 (69 FR 16733), the Agency makes a number of corrections. FMCSA corrects the references to ``appendix'' in paragraphs (a)(1), (a)(5), (a)(6), and (a)(7) to refer to ``Appendix F.'' On December 8, 2016 (81 FR 88794), FMCSA redesignated the existing appendix to part 380 as Appendix F, but failed to correct all the cross references to the appendix. FMCSA also removes paragraph (d), which references the ``Examiner's Manual for Commercial Driver's License Tests.'' This American Association of Motor Vehicle Administrators (AAMVA) publication is intended for use by the States, and is not available to the general public. Section 380.201 General Requirements FMCSA corrects references to ``appendix'' in paragraphs (a) introductory text and (b) to read ``Appendix F.'' On December 8, 2016 (81 FR 88794), FMCSA redesignated the existing appendix to part 380 as Appendix F, but failed to correct all the cross references to the appendix. Section 380.203 LCV Doubles FMCSA corrects the references to ``appendix'' in paragraph (b) to read ``Appendix F.'' On December 8, 2016 (81 FR 88794), FMCSA redesignated the existing appendix to part 380 as Appendix F, but did not change all the cross references to the appendix. Section 380.205 LCV Triples FMCSA corrects the references to ``appendix'' in paragraph (b) to read ``Appendix F.'' On December 8, 2016 (81 FR 88794), FMCSA redesignated the existing appendix to part 380 as Appendix F, but failed to correct all the cross references to the appendix. [[Page 22867]] Section 380.303 Substitute for Instructor Requirements FMCSA corrects the references to ``appendix'' in paragraph (a) to read ``Appendix F.'' On December 8, 2016 (81 FR 88794), FMCSA redesignated the existing appendix to part 380 as Appendix F, but failed to correct all the cross references to the appendix. Subpart E--Entry-Level Driver Training Requirements Before February 7, 2020 FMCSA changes the heading of subpart E of part 380 to read: ``Subpart E--Entry-Level Driver Training Requirements Before February 7, 2020.'' On December 8, 2016 (81 FR 88790), FMCSA attempted to change the heading of subpart E of part 380; however, the Office of the Federal Register could not incorporate the amendment into the CFR due to an inaccurate amendatory instruction. This corrects that error. The sections of subpart E, Sec. Sec. 380.501 to 380.513, were not modified by that rulemaking. Section 380.605 Definitions FMCSA reorganizes Sec. 380.605 to make the numbering conform to the style required by the Office of the Federal Register using Arabic numbers rather than the small Roman numerals used in the December 8, 2016 (81 FR 88790-91), final rule. The Office of the Federal Register recommends to not designate paragraphs and introductory phrases, such as was used for (a) and (b) on page 88790. FMCSA has removed paragraph designations (a) and (b), so that the information is now in an undesignated introductory paragraph. In the definitions for ``Behind-the-wheel (BTW) instructor,'' and ``Theory instructor,'' FMCSA also amends the paragraphs that begin ``Exception,'' to show that they are actually applicable to subordinate paragraphs (1) and (2), not just subordinate paragraph (2). The Agency inadvertently made this error when these two definitions were added, but the preamble to the December 8, 2016, final rule made this fact clear at 81 FR 88775. Section 380.713 Instructor Requirements FMCSA revises Sec. 380.713 to correct several grammatical errors. No substantive changes are made. Appendix A to Part 380--Class A--CDL Training Curriculum FMCSA corrects Units A1.2.7 and A1.5.6 by removing small, typographical errors and grammatical mistakes. FMCSA added Appendix A as part of the entry-level driver training rule on December 8, 2016 (81 FR 88794). Appendix B to Part 380--Class B--CDL Training Curriculum FMCSA corrects Appendix B by changing a heading, incorrectly numbered as ``Unit 1.3,'' to correctly read ``Unit B1.1.3 Pre- and Post-Trip Inspections.'' Appendix B to Part 380 was added December 8, 2016 (81 FR 88797). F. Part 382 Section 382.403 Reporting of Results in a Management Information System In Sec. 382.403(e), FMCSA adds the phrase ``as defined in 49 CFR 382.107.'' FMCSA wants to clarify that ``Designated employer representative'' is a specific term defined in Sec. 382.107. G. Part 383 Section 383.5 Definitions In Sec. 383.5, FMCSA changes the definition of ``Conviction'' to correct the last word of the entry to read ``probated,'' rather than ``prorated,'' to correct an error introduced in an October 2, 2014 technical amendment (79 FR 59451, 59455-56). FHWA published its revised definition of ``Conviction'' on October 4, 1988 (53 FR 39050). It was based on Section 6-205(c) of the Uniform Vehicle Code [1987] as adopted by the Legal Services Committee of AAMVA, and read: ``Conviction means . . . regardless of whether or not the penalty is rebated, suspended, or probated.'' Section 383.23 Commercial Driver's License FMCSA amends footnote 1 to Sec. 383.23(b)(1). The commercial drivers' license reciprocity memorandum of understanding (MOU) between the United States and Mexico was amended effective January 19, 2017; therefore, FMCSA updates the footnote to reflect the date of the amended MOU. Section 383.73 State Procedures FMCSA changes Sec. 383.73(b)(8) by removing a cross reference to Sec. 383.71(b)(1)(i). This corrects a typographical error that was inadvertently and incorrectly added to the paragraph. H. Part 384 Section 384.301 Substantial Compliance--General Requirements FMCSA adds a new paragraph (k) to Sec. 384.301 to provide the date a State must come into substantial compliance with the provisions of the Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators rule. On December 8, 2016 (81 FR 88803), this final rule inadvertently added a new paragraph (j) to Sec. 384.301. Because there was an existing paragraph (j), the Office of the Federal Register could not make that addition. To correct that mistake, FMCSA adds the paragraph as Sec. 384.301(k). I. Part 385 Section 385.203 What are the requirements to obtain and maintain certification? In paragraph (c), FMCSA corrects the address where the public may obtain hard copies of its training, performance, and maintenance of certification/qualification requirements. Appendix B to Part 385--Explanation of Safety Rating Process FMCSA corrects Appendix B to Part 385 by updating the section citations and text relating to Sec. Sec. 382.309 and 382.605 in section VII, List of Acute and Critical Regulations. On December 19, 2000, the Department revised its drug and alcohol testing regulations set forth in 49 CFR part 40 (65 FR 79462). On August 17, 2001, FMCSA amended its drug testing rules in 49 CFR part 382 to conform to the new requirements contained in part 40. FMCSA explained that employers and employees affected by part 382 have always been required to adhere to parts 40 and 382 to comply with FMCSA's drug and alcohol testing requirements. The rule referred the reader directly to part 40 instead of duplicating part 40 rule text in part 382 to promote drafting economy and consistency of interpretation (66 FR 43097). As such, the rule removed all the prior text from Sec. Sec. 382.309 and 382.605 and, instead, incorporated by reference the appropriate provisions of part 40 (66 FR 43109, 43113). The references to Sec. Sec. 382.309 and 382.605 in section VII, however, were not updated to reflect the revised section citations or direct the reader to the applicable provisions in part 40. The following changes correct those errors. Paragraphs (a) and (b) of Sec. 382.309 are deleted and replaced by a new Sec. 382.309 that combines the return-to-duty testing provisions set forth previously in paragraphs (a) and (b) and directs the reader to their location in part 40. Paragraph (c)(1) of Sec. 382.605 is deleted because it is duplicates the requirements of Sec. 382.309. Paragraph (c)(2)(ii) of Sec. 382.605 is deleted and replaced with a new citation for Sec. 382.605 that sets forth the provisions previously in paragraph (c)(2)(ii) and directs the reader to their location in 49 CFR part 40. [[Page 22868]] FMCSA corrects the section citation for ``Sec. 395.8(e)(2)'' by adding a reference to Sec. 395.8(e)(3), to correct an oversight. The section citation to ``Sec. 172.802(b)'' is corrected to read ``Sec. 172.802(c)'' to reflect the Pipeline and Hazardous Materials Safety Administration (PHMSA) redesignation of that section on March 9, 2010 (75 FR 10989). FMCSA also changes the section citation to ``Sec. 173.421(a)'' to read ``Sec. 173.421.'' On July 11, 2014 (79 FR 40613), PHMSA revised Sec. 173.421 and FMCSA corrects this citation to reflect this. J. Part 387 Section 387.3 Applicability FMCSA amends Sec. 387.3(c)(1) by removing the word ``part'' in the first sentence and replacing it with the word ``subpart.'' This change is necessary because the Agency inadvertently failed to reconcile existing language in part 387 with language introduced as a result of the ICCTA (Pub. L. 104-88, sec. 204(a), 109 Stat. 803, 941, Dec. 29, 1995). Because of the ICCTA, 49 CFR parts 1043 and 1084 were redesignated as 49 CFR part 387, subparts C and D, respectively, which establish minimum levels of financial responsibility for certain small freight vehicles (61 FR 54709, Oct. 21, 1996). This created a conflict with the language in Sec. 387.3(c)(1) that states ``the rules in this part do not apply to a motor vehicle that has a gross vehicle weight rating (GVWR) of less than 10,001 pounds.'' By changing the word ``part'' to ``subpart,'' the language is reconciled and the conflict is eliminated. Because of the addition of subparts C and D to part 387, FMCSA also changes ``part'' to ``subpart'' in Sec. 387.3(c)(2). Section 387.7 Financial Responsibility Required FMCSA clarifies Sec. 387.7(b)(3) by reorganizing the section to eliminate an undesignated paragraph and by correcting the spelling of the word ``Mexican.'' Section 387.33 (Suspended) and Section 387.33T Financial Responsibility, Minimum Levels FMCSA moves the provision, ``Except as provided in Sec. 387.27(b),'' now shown as a footnote in both Sec. Sec. 387.33 (suspended) and 387.33T, to the introductory text in each section. Furthermore, FMCSA updates the table in Sec. 387.33T by removing the references to the 1983 and 1985 effective dates, which are no longer necessary, and showing only the current $5 and $1.5 million minimum limits of public liability insurance required. In addition, FMCSA clarifies that the seating capacity shown in the table in Sec. 387.33T includes the driver, and redesignates the entries in the table as (a) and (b) to conform to Office of the Federal Register style. Section 387.301 (Suspended) and Section 387.301T Surety Bond, Certificate of Insurance, or Other Securities FMCSA changes both Sec. 387.301(b) (suspended) and Sec. 387.301T(b) to reference the definitions of ``household goods motor carriers'' and ``individual shippers'' in Sec. 375.103, rather than the more general ``part 375.'' FMCSA amends these sections to clarify for the reader specifically where these definitions are in the CFR. Section 387.303 (Suspended) and Section 387.303T Security for the Protection of the Public: Minimum Limits Both Sec. Sec. 387.303 (suspended) and 387.303T have an undesignated paragraph following paragraph (b)(4)(iii). In both Sec. 387.303 (suspended) and Sec. 387.303T, FMCSA designates those paragraphs as (b)(5). An undesignated paragraph is contrary to the style required by the Office of the Federal Register and makes it difficult to reference or change those paragraphs. Section 387.313 (Suspended) Forms and Procedures FMCSA corrects Sec. 387.313(a)(6) (suspended) by renumbering paragraphs (a)(6)(1) and (a)(6)(2) as (a)(6)(i) and (a)(6)(ii). FMCSA makes this change to conform to Office of the Federal Register style. This error does not appear in Sec. 387.313T, because the subparagraphs are correctly shown as (a)(6)(i) and (a)(6)(ii). K. Part 390 Section 390.3 (Suspended) and 390.3T General Applicability FMCSA amends Sec. 390.3 (suspended) to clarify that the coercion rules in Sec. 390.6 apply to shippers, receivers, consignees, brokers, freight forwarders, and other transportation intermediaries. The first Unified Registration System rule (URS) was published August 23, 2013 (78 FR 52608). The coercion rules, which prohibit shippers, receivers, consignees, and transportation intermediaries from coercing drivers of commercial motor vehicles (CMV) operating in interstate commerce to violate certain safety regulations, were subsequently published November 30, 2015 (80 FR 74710). Inadvertently, FMCSA failed to add shippers, receivers, consignees, broker, freight forwarder, and other transportation intermediaries to the general applicability requirements in Sec. 390.3 (suspended) when it corrected and delayed the URS rule on July 28, 2016 (81 FR 49554), as well as in the indefinite URS suspension and amendments made on January 17, 2017 (82 FR 5310). To correct this oversight, FMCSA adds a specific reference to Sec. 390.6, Coercion prohibited, in Sec. 390.3(i)(4) (suspended), which lists the provisions in 49 CFR chapter III, subchapter B that apply to brokers. Also, in Sec. 390.3(j) (suspended), which lists the provisions of 49 CFR chapter III, subchapter B that apply to freight forwarders that are required to register with the Agency, FMCSA changes paragraph (j)(3) by adding a specific citation to Sec. 390.6. FMCSA also adds a new paragraph (l) to Sec. 390.3 (suspended) to clarify that the rules in 49 CFR 386.12(c) and 390.6 are applicable to shippers, receivers, consignees, and transportation intermediaries. Adding these references to Sec. 390.3 (suspended) does not create any new requirements. It simply provides a summary for users of the regulations that apply to them. FMCSA corrects Sec. 390.3T(a)(2) by changing the reference from Sec. 386.12(e) to Sec. 386.12(c). This change is necessary because the ELD rule revised Sec. 386.12 and moved the coercion provisions to paragraph (c), effective February 16, 2016 (80 FR 78381, Dec. 16, 2015). Section 390.5 (Suspended) and 390.5T Definitions FMCSA amends four of the definitions in Sec. 390.5 (suspended) and two of the definitions in Sec. 390.5T, which is currently in effect. First, in the definition for ``Conviction'' in both Sec. Sec. 390.5 (suspended) and 390.5T, FMCSA removes the word ``prorated'' at the end of the definition and replaces it with the word ``probated'' to correct an error. Originally, FHWA published its revised definition of ``Conviction'' on October 4, 1988 (53 FR 39050) and it correctly read, ``Conviction means . . . regardless of whether or not the penalty is rebated, suspended, or probated.'' FMCSA erroneously changed ``probated'' to ``prorated'' in an October 2, 2014 technical amendment (79 FR 59451, 59455-56). Second, in the definition of ``Covered farm vehicle'' in both Sec. Sec. 390.5 (suspended) and 390.5T, FMCSA changes paragraph (1)(ii) by removing an extraneous and incorrect ``a'' before ``an owner or operator of a farm or ranch.'' In Sec. 390.5 (suspended), FMCSA corrects the definitions of ``Farm vehicle driver'' and ``Farmer'' by [[Page 22869]] changing the numbering to conform to Office of the Federal Register style. This error does not occur in Sec. 390.5T. Section 390.15 Assistance in Investigations and Special Studies In Sec. 390.15(b) introductory text, FMCSA deletes a provision that requires motor carriers to maintain accident registers for a period of 1 year from accidents that occurred on or prior to April 29, 2003. It also removes the reference to ``April 29, 2003,'' the compliance date for the current requirements. FMCSA removes these obsolete provisions to update and clarify the rule. Section 390.19T Motor Carrier, Hazardous Material Safety Permit Applicant/Holder, and Intermodal Equipment Provider Identification Reports FMCSA corrects the heading of Sec. 390.19T to reflect the heading of Sec. 390.19 as of January 13, 2017, the day before the effective date of the Unified Registration System; Suspension of Effectiveness rulemaking (82 FR 5316, Jan. 17, 2017). FMCSA inadvertently used the same heading for both Sec. 390.19 (suspended) and Sec. 390.19T. Section 390.27 Locations of Motor Carrier Safety Service Centers FMCSA revises Sec. 390.27 to spell out the abbreviations in the table to help the user, and to change the address of the Eastern Service Center. The Eastern Service Center moved in July 2017, requiring this update. Section 390.115 Procedure for Removal From the National Registry of Certified Medical Examiners In paragraph (a) of Sec. 390.115, FMCSA adds the mailing address for the Director, Office of Carrier, Driver and Vehicle Safety Standards. In paragraph (d), FMCSA makes amendments to reflect the current title of the Associate Administrator for Policy and to add a mailing address for the Associate Administrator. FMCSA makes these changes to update the regulations and make the mailing addresses easily available for the user. L. Part 393 Section 393.60 Glazing in Specified Openings In a rule published September 23, 2016 (81 FR 65568), FMCSA allowed the voluntary mounting of vehicle safety technologies on the interior of the windshields of CMVs, including placement within the area that is swept by the windshield wipers. FMCSA reorganizes Sec. 393.60(e)(1)(ii) to clarify that those technologies must always be placed outside the driver's sight lines to the road and to highway signs and signals. M. Part 395 Section 395.13 Drivers Declared Out of Service In Sec. 395.13(c)(2), FMCSA removes the reference to ``form MCS- 63,'' and changes the title of the form from ``Driver-Vehicle Examination Report'' to its current title, ``Driver/Vehicle Examination Report.'' While the form name has remained largely the same, this form number is no longer used internally. FMCSA also makes this change to eliminate any possible confusion with other Federal, State, Canadian, and Mexican inspection forms. Appendix A to Subpart B of Part 395--Functional Specifications for All Electronic Logging Devices (ELDs) FMCSA changes sections 4.2, ELD-Vehicle Interface, and 4.3, ELD Inputs, of Appendix A to Subpart B of Part 395 by adding references to ``the vehicle's databus'' and making other changes. In section 4.2(b), FMCSA changes the phrase ``vehicle's engine ECM'' to read ``engine ECM or the vehicle's databus.'' In section 4.3.1.2(b), FMCSA changes ``must be acquired from the engine ECM'' to read ``must be acquired from the engine ECM or the vehicle's databus.'' In section 4.3.1.3(b)(1), FMCSA changes ``engine ECM's odometer message'' to read simply ``odometer message,'' and adds a reference to ``engine ECM or the vehicle's databus.'' FMCSA amends section 4.3.1.4(b) by revising the phrase ``the engine ECM's total engine hours'' to read instead ``the total engine hours.'' Also in that section, FMCSA adds the phrase ``on the engine ECM or the vehicle's databus'' to clarify how the message is broadcast. Finally, the Agency removes the phrase ``from the engine ECM'' from section 4.3.1.7. These changes simply clarify the Agency's intent, which was always that the required vehicle parameters be obtained either via the vehicle databus or directly from the engine ECM, as evidenced by the language in section 4.2(b) of the functional specifications (``through the serial or Control Area Network communication protocols supported by the vehicle's engine ECM'') (80 FR 78391, Dec. 16, 2015). The foregoing changes are made in response to a petition for reconsideration of the ELD final rule submitted by the Truck and Engine Manufacturers Association (EMA).\3\ --------------------------------------------------------------------------- \3\ For information about the Electronic Logging Devices and Hours of Service Supporting Documents final rule, see docket FMCSA- 2010-0167, available at https://www.regulations.gov/. The docket contains all the rulemaking documents and petitions pertaining to that rule, including the comments to the proposed rule and the supplemental notice of proposed rulemaking, and the petition for reconsideration submitted by EMA on January 15, 2016. --------------------------------------------------------------------------- Furthermore, FMCSA makes minor changes to sections 4.4, ELD Processing and Calculations, and 4.8, ELD Outputs, of Appendix A to Subpart B of Part 395. These amendments to sections 4.4 and 4.8 do not substantively change the ELD regulations. Rather, they make the technical specifications internally consistent and consistent with the regulatory requirements. These changes are necessary to conform the technical specifications with guidance documents for ELD software developers and frequently-asked-question (FAQ) documents that FMCSA has already published. FMCSA has worked during the last year with about 80 ELD software vendors with currently-certified ELD products to help them ensure their products use the programming amendments being made today. Motor carriers, ELD owners, and drivers should not be impacted by these amendments. They are very technical in nature and involve what vendors do behind the scenes relating to ELD computer programming requirements for software's input and output data. If an ELD software vendor needs to make any further updates because of these amendments to a motor carrier's or driver's ELD unit, the ELD software vendor will most likely send the amendments to the ELD unit in a regular software update. Many software vendors will perform the update wirelessly or through the internet, similar to how the public receives software updates from vendors for smartphones, laptops, and handheld global positioning system electronic devices. Specifically, FMCSA amends paragraph (b)(9) of section 4.4.5.1.1., Event Checksum Calculation, by changing ``'' to read `` ''. ``CMV Number'' is not a data element in the rule; the correct term is ``CMV Power Unit Number,'' which is defined in section 7.4. FMCSA corrects the data element ``ELD ID: '' in paragraph (b) of section 4.8.1.3., Information To Be Shown on the Printout and Display at Roadside, to read ``ELD ID: ''. This data element is an ELD provider assigned value and not the FMCSA- [[Page 22870]] provided ELD registration ID, as depicted in the examples in this section. FMCSA corrects section 4.8.2.1.6., ELD Event List for Driver's Certification of Own Records, to read ``Driver's Certification/ Recertification Actions: ''. This error in ``Driver's'' was introduced due to the Government Printing Office publication font, which uses a curly apostrophe symbol style rather than a straight apostrophe symbol style. ELD software developer's must use the ANSI INCITS 4-1986 (R2012), American National Standard for Information Systems--Coded Character Sets--7-Bit American National Standard Code for Information Interchange (7-Bit ASCII), approved June 14, 2007. This standard is incorporated by reference in Sec. 395.38(b)(1) and Appendix A to Subpart B of Part 395 in sections 4.8.2.1., ELD Output File Standard, paragraph (b) and section 6, References, paragraph (a)(1). This 7-Bit ASCII Code 39 provides a character and encoding only for a straight apostrophe symbol; it does not recognize or include encoding for a curly apostrophe symbol. FMCSA corrects six of the data elements in section 7, Data Elements Dictionary, of Appendix A to Subpart B of Part 395. FMCSA changes section 7.14, ELD Authentication Value, to clarify that manufacturers who use a data length of the industry standard 2,048 characters or larger will be in compliance with the rule. The current data length range of 16-32 was not consistent with the signature generated by a current industry standard certificate. While a certificate from 16-32 characters could be used, it would not be consistent with the surety standards in place today. Today's certificate keys, which determine length of the final output, can consist of up to 16,384 bits. In section 7.19, Engine Hours, FMCSA changes the entry for ``Disposition'' to include certain scenarios allowed in the rule where this information will not be available. In Table 6, ``Event Type'' Parameter Coding, in section 7.20, Event Code, FMCSA corrects the event code description for ``Driver indication for PC, YM and WT cleared'' to read ``Driver indication for PC or YM cleared''. While personal moves (PM) or yard moves (YM) are referenced elsewhere in the rule text, WT is not. In both section 7.31, Latitude, and section 7.33, Longitude, the Agency modifies the entries for Data Range, Data Length, Data Format, and Examples to allow for the X, M, and E entries that are identified as allowable in section 4.6.1.4, Positioning Compliance Monitoring. FMCSA changes the entry for Disposition in section 7.43, Vehicle Miles, to include those instances allowed in the rule where this information will not be available. N. Part 396 Section 396.17 Periodic Inspection In Sec. 396.17(d), FMCSA changes the two cross references to Sec. 396.23(b)(1) to read, instead, Sec. 396.23(a)(1). In a rule published July 22, 2016 (81 FR 47732), FMCSA removed paragraph (a) of Sec. 396.23 and made existing paragraph (b) the new paragraph (a). FMCSA corrects the cross references in Sec. 396.17(d) to reflect that change. In paragraph (f) of Sec. 396.17, FMCSA changes the phrase ``State government or equivalent jurisdiction'' to read ``State government or equivalent jurisdiction in the Canadian Provinces, the Yukon Territory, and Mexico.'' This change clarifies that the inspection programs of State and certain foreign governments can be used to comply with the inspection requirement and conforms with the language in Sec. 396.23. Section 396.23 Equivalent to Periodic Inspection FMCSA revises Sec. 396.23 by removing the word ``State'' and replacing it, where appropriate, with a reference to ``government'' or ``State government or equivalent jurisdiction in the Canadian Provinces, the Yukon Territory, or Mexico.'' This amendment is necessary to clarify that those inspection programs of State and certain foreign governments that are found to be as effective as Sec. 396.17 inspection can be used by motor carriers to comply with the periodic inspection requirement. On September 23, 1991, FMCSA's predecessor agency, FHWA, announced its addition of all Canadian Provinces and the Yukon Territory (56 FR 47982) to the list of programs that are comparable to, or as effective as, the Federal periodic inspection (PI) of CMV requirements contained in the FMCSRs. On March 16, 2016, FMCSA announced its acceptance of the Norma Oficial Mexicana ((NOM) or Official Mexican Standard) as equivalent to the Federal PI of CMVs (81 FR 14195). O. Part 397 Section 397.73 Public Information and Reporting Requirements FMCSA reorganizes Sec. 397.73(b) and adds a reference to its website in new paragraph (b)(3)(i). This change is necessary to update the procedures for finding information on the National Hazardous Materials Route Registry. Section 397.103 Requirements for State Routing Designations The Agency adds a reference to its website in Sec. 397.103(c)(3). It also changes paragraph (d) by adding an email address to request the ``Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials.'' These changes help the user by providing updated procedures for addressing State routing designations. P. Part 398 Section 398.8 Administration Inspection of Motor Vehicles in Operation FMCSA updates Sec. 398.8 to remove form numbers that are no longer in common use and, instead, to provide current titles for those forms. Paragraph (a) is republished to provide context. In Sec. 398.8(b), FMCSA changes the title of Form MCS 63, ``Driver-Equipment Compliance Check,'' to ``Driver/Vehicle Examination Report'' to reflect the current title of the inspection report form and removes the reference to the form number. FMCSA changes paragraph (c)(1) by removing the reference to Form MCS-64, instead referring to that form only as ``Out of Service Vehicle'' sticker. In paragraphs (c)(2), (3), and (4), the Agency removes the references to Form MCS-63 and instead uses ``Driver/ Vehicle Examination Report.'' Throughout paragraph (d), the references to ``Form MCS-63'' are changed to read ``Driver/Vehicle Examination Report.'' Because the form numbers are no longer in common use, FMCSA makes these changes to provide a consistent, current reference to the Driver/Vehicle Examination Report and the ``Out of Service'' sticker. Also, FMCSA wants to avoid the possible confusion caused by other Federal, State, Canadian, and Mexican forms. IV. Regulatory Analyses A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O. 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures FMCSA determined that this final rule is not a significant regulatory action under section 3(f) of E.O. 12866 (58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, as supplemented by E.O. 13563 (76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. Accordingly, the Office of [[Page 22871]] Management and Budget (OMB) has not reviewed it under that Order. It is also not significant within the meaning of DOT regulatory policies and procedures (DOT Order 2100.5, dated May 22, 1980; 44 FR 11034, Feb. 26, 1979). This final rule makes changes to correct inaccurate references and citations, improve clarity, and fix errors. None of the changes in this final rule impose material new requirements or increase compliance obligations; therefore, this final rule imposes no new costs and a full regulatory evaluation is unnecessary. B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs) E.O. 13771 (82 FR 9339, Feb. 3, 2017), Reducing Regulation and Controlling Regulatory Costs, requires that, for ``every one new [E.O. 13771 regulatory action] issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.'' Implementation guidance for E.O. 13771 issued by OMB on April 5, 2017, defines two different types of E.O. 13771 actions: an E.O. 13771 deregulatory action, and an E.O. 13771 regulatory action.\4\ --------------------------------------------------------------------------- \4\ Executive Office of the President. Office of Management and Budget. Guidance Implementing Executive Order 13771, Titled ``Reducing Regulation and Controlling Regulatory Costs.'' Memorandum M-17-21. April 5, 2017. --------------------------------------------------------------------------- An E.O. 13771 deregulatory action is defined as ``an action that has been finalized and has total costs less than zero.'' This rulemaking has total costs equal to zero, and therefore is not an E.O. 13771 deregulatory action. An E.O. 13771 regulatory action is defined as: (i) A significant action as defined in section 3(f) of E.O. 12866 that has been finalized, and that imposes total costs greater than zero; or (ii) a significant guidance document (e.g., significant interpretive guidance) reviewed by OIRA under the procedures of E.O. 12866 that has been finalized and that imposes total costs greater than zero. The Agency action, in this case a rulemaking, must meet both the significance and the total cost criteria to be considered an E.O. 13771 regulatory action. This rulemaking is not a significant regulatory action as defined in section 3(f) of E.O. 12866, and therefore does not meet the significance criterion for being an E.O. 13771 regulatory action. Consequently, this rulemaking is not an E.O. 13771 regulatory action and no further action under E.O. 13771 is required. C. Regulatory Flexibility Act The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term ``small entities'' comprises small businesses and not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000.\5\ Accordingly, DOT policy requires an analysis of the impact of all regulations on small entities, and mandates that agencies strive to lessen any adverse effects on these businesses. Under the Regulatory Flexibility Act, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), this final rule is not expected to have a significant economic impact on a substantial number of small entities. This final rule makes changes to correct inaccurate references and citations, improve clarity, and fix errors. None of the changes in this final rule impose material new requirements or increase compliance obligations; therefore, the final rule is not expected to have a significant economic impact on a substantial number of small entities. Consequently, I certify the action will not have a significant economic impact on a substantial number of small entities. --------------------------------------------------------------------------- \5\ Regulatory Flexibility Act (5 U.S.C. 601 et seq.) see National Archives at http://www.archives.gov/federal-register/laws. --------------------------------------------------------------------------- D. Assistance for Small Entities In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, FMCSA wants to assist small entities in understanding this final rule so that they can better evaluate its effects and participate in the rulemaking initiative. If the final rule will affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance; please consult the FMCSA point of contact, David Miller, listed in the FOR FURTHER INFORMATION CONTACT section of this final rule. Small businesses may send comments on the actions of Federal employees who enforce or otherwise determine compliance with Federal regulations to the Small Business Administration's Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights of small entities to regulatory enforcement fairness and an explicit policy against retaliation for exercising these rights. E. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $156 million (which is the value equivalent of $100,000,000 in 1995, adjusted for inflation to 2015 levels) or more in any 1 year. This final rule will not result in such an expenditure. F. Paperwork Reduction Act (Collection of Information) Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.), Federal agencies must obtain approval from OMB for each collection of information they conduct, sponsor, or require through regulations. FMCSA determined that no new information collection requirements are associated with this final rule, nor are there any revisions to existing, approved collections of information. Therefore, the PRA does not apply to this final rule. G. E.O. 13132 (Federalism) A rule has implications for federalism under section 1(a) of E.O. 13132 if it has ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' FMCSA has determined that this rule would not have substantial direct costs on or for States, nor would it limit the policymaking discretion of States. Nothing in this document preempts any State law or regulation. Therefore, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Impact Statement. H. E.O. 12988 (Civil Justice Reform) This final rule meets applicable standards in sections 3(a) and 3(b) (2) of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. [[Page 22872]] I. E.O. 13045 (Protection of Children) E.O. 13045, 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. The Agency determined this final rule is not economically significant. Therefore, no analysis of the impacts on children is required. In any event, this regulatory action could not disproportionately affect children. J. E.O. 12630 (Taking of Private Property) FMCSA reviewed this final rule in accordance with E.O. 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights, and has determined it will not effect a taking of private property or otherwise have taking implications. K. 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, 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. L. E.O. 12372 (Intergovernmental Review) The regulations implementing E.O. 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this program. M. E.O. 13211 (Energy Supply, Distribution, or Use) FMCSA has analyzed this final rule under E.O. 13211, 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 order because it is not a ``significant regulatory action'' likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, it does not require a Statement of Energy Effects under E.O. 13211. N. E.O. 13175 (Indian Tribal Governments) This rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. O. National Technology Transfer and Advancement Act (Technical Standards) The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) are standards that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, FMCSA did not consider the use of voluntary consensus standards. P. Environment (NEPA, CAA, Environmental Justice) FMCSA analyzed this rule for the purpose of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and determined this action is categorically excluded from further analysis and documentation in an environmental assessment or environmental impact statement under FMCSA Order 5610.1(69 FR 9680, Mar. 1, 2004), Appendix 2, paragraph 6(b). This Categorical Exclusion (CE) addresses minor corrections such as those found in this rulemaking; therefore, preparation of an environmental assessment or environmental impact statement is not necessary. The CE determination is available for inspection or copying in the Federal eRulemaking Portal: http://www.regulations.gov. FMCSA also analyzed this rule under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), 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. Under E.O. 12898, each Federal agency must identify and address, as appropriate, ``disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations'' in the United States, its possessions, and territories. FMCSA evaluated the environmental justice effects of this final rule in accordance with the E.O., and has determined that no environmental justice issue is associated with this final rule, nor is there any collective environmental impact that would result from its promulgation. List of Subjects 49 CFR Part 350 Grant programs--transportation, Highway safety, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements. 49 CFR Part 360 Administrative practice and procedure, Brokers, Buses, Freight forwarders, Hazardous materials transportation, Highway safety, Insurance, Motor carriers, Motor vehicle safety, Moving of household goods, Penalties, Reporting and recordkeeping requirements, Surety bonds. 49 CFR Part 365 Administrative practice and procedure, Brokers, Buses, Freight forwarders, Maritime carriers, Mexico, Motor carriers, Moving of household goods. 49 CFR Part 373 Buses, Freight, Freight forwarders, Motor carriers, Moving of household goods. 49 CFR Part 380 Administrative practice and procedure, Highway safety, Motor carriers, Reporting and recordkeeping requirements. 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. [[Page 22873]] 49 CFR Part 384 Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety, Motor carriers. 49 CFR Part 385 Administrative practice and procedure, Highway safety, Mexico, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements. 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 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, Hazardous materials transportation, Highway safety, Intergovernmental relations, Motor carriers, Parking, Radioactive materials, Reporting and recordkeeping requirements, Rubber and rubber products. 49 CFR Part 398 Highway safety, Migrant labor, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements. In consideration of the foregoing, FMCSA amends 49 CFR chapter III as set forth below: PART 350--MOTOR CARRIER SAFETY ASSISTANCE PROGRAM AND HIGH PRIORITY PROGRAM 0 1. The authority citation for part 350 is revised to read as follows: Authority: 49 U.S.C. 13902, 31101-31104, 31108, 31136, 31141, 31161, 31310-31311, 31502; and 49 CFR 1.87. 0 2. Amend Sec. 350.105 by adding a definition for ``New Entrant Safety Audits'' in alphabetical order to read as follows: Sec. 350.105 What definitions are used in this part? * * * * * New entrant safety audits means the safety audits of interstate, and, at the State's discretion, intrastate, new entrant motor carriers under 49 U.S.C. 31144(g) that are required as a condition of MCSAP eligibility under Sec. 350.201(z). * * * * * Sec. 350.335 [Amended] 0 3. Amend Sec. 350.335(a) introductory text by removing the reference to ``49 CFR 320.215'' and adding in its place a reference to ``49 CFR 350.215''. PART 360--FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE 0 4. The authority citation for part 360 continues to read as follows: Authority: 31 U.S.C. 9701; 49 U.S.C. 13908; and 49 CFR 1.87. 0 5. Amend Sec. 360.1T by revising paragraphs (a) and (d)(2) to read as follows: Sec. 360.1T Fees for registration-related services. * * * * * (a) Certificate of the Director, Office of Registration and Safety Information (MC-RS), as to the authenticity of documents, $9.00; * * * * * (d) * * * (2) The fee for computer searches will be set at the current rate for computer service. Information on those charges can be obtained from the Office of Registration and Safety Information (MC-RS). * * * * * 0 6. Amend Sec. 360.3T by revising paragraphs (a)(2) introductory text, (a)(2)(iii) introductory text, and (e)(2)(i) and (iii), to read as follows: Sec. 360.3T Filing fees. (a)* * * (2) Billing account procedure. A written request must be submitted to the Office of Registration and Safety Information (MC-RS) to establish an insurance service fee account. * * * * * (iii) An account holder who files a petition in bankruptcy or who is the subject of a bankruptcy proceeding must provide the following information to the Office of Registration and Safety Information (MC- RS): * * * * * (e) * * * (2) * * * (i) When to request. At the time that a filing is submitted to the Federal Motor Carrier Safety Administration the applicant may request a waiver or reduction of the fee prescribed in this part. Such request should be addressed to the Director, Office of Registration and Safety Information (MC-RS). * * * * * (iii) Federal Motor Carrier Safety Administration action. The Director, Office of Registration and Safety Information (MC-RS), will notify the applicant of the decision to grant or deny the request for waiver or reduction. * * * * * PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY 0 7. The authority citation for part 365 continues to read as follows: Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901- 13906, 13908, 14708, 31133, 31138, and 31144; 49 CFR 1.87. 0 8. Amend Sec. 365.403T by revising paragraph (a) to read as follows: Sec. 365.403T Definitions. * * * * * (a) Transfer. (1) Transfers include all transactions (i.e., the sale or lease of interstate operating rights, or the merger of two or more carriers or a carrier into a noncarrier) subject to 49 U.S.C. 10926, as well as the sale of property brokers' licenses under 49 U.S.C. 10321. (2) The execution of a chattel mortgage, deed of trust, or other similar document does not constitute a transfer or require FMCSA's approval. However, a foreclosure for the purpose of transferring an operating right to satisfy a judgment or claim against the record holder may not be effected without approval of FMCSA. * * * * * PART 373--RECEIPTS AND BILLS 0 9. The authority citation for part 373 continues to read as follows: Authority: 49 U.S.C. 13301, 13531 and 14706; and 49 CFR 1.87. 0 10. Amend Sec. 373.103 as follows: 0 a. Withdraw the amendments to Sec. 373.103 published April 16, 2018, at 83 FR 16224. 0 b. Revise Sec. 373.103 to read as follows: [[Page 22874]] Sec. 373.103 For-hire, non-exempt expense bills. (a) Property. (1) Every for-hire, non-exempt motor carrier of property shall issue a freight or expense bill for each shipment transported containing the following information: (i) Names of consignor and consignee (except on a reconsigned shipment, not the name of the original consignor). (ii) Date of shipment. (iii) Origin and destination points (except on a reconsigned shipment, not the original shipping point unless the final consignee pays the charges from that point). (iv) Number of packages. (v) Description of freight. (vi) Weight, volume, or measurement of freight (if applicable to the rating of the freight). (vii) Exact rate(s) assessed. (viii) Total charges due, including the nature and amount of any charges for special service and the points at which such service was rendered. (ix) Route of movement and name of each carrier participating in the transportation. (x) Transfer point(s) through which shipment moved. (xi) Address where remittance must be made or address of bill issuer's principal place of business. (2) The shipper or receiver owing the charges shall be given the freight or expense bill and the carrier shall keep a copy as prescribed at 49 CFR part 379. If the bill is electronically transmitted (when agreed to by the carrier and payor), a receipted copy shall be given to the payor upon payment. (b) Charter transportation of passenger service. (1) Every for- hire, non-exempt motor carrier providing charter transportation of passenger service shall issue an expense bill containing the following information: (i) Serial number, consisting of one of a series of consecutive numbers assigned in advance and imprinted on the bill. (ii) Name of carrier. (iii) Names of payor and organization, if any, for which transportation is performed. (iv) Date(s) transportation was performed. (v) Origin, destination, and general routing of trip. (vi) Identification and seating capacity of each vehicle used. (vii) Number of persons transported. (viii) Mileage upon which charges are based, including any deadhead mileage, separately noted. (ix) Applicable rates per mile, hour, day, or other unit. (x) Itemized charges for transportation, including special services and fees. (xi) Total charges assessed and collected. (2) The carrier shall keep a copy of all expense bills issued for the period prescribed at 49 CFR part 379. If any expense bill is spoiled, voided, or unused for any reason, a copy or written record of its disposition shall be retained for a like period. PART 380--SPECIAL TRAINING REQUIREMENTS 0 11. The authority citation for part 380 is revised to read as follows: Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, and 31502; sec. 4007(a) and (b) of Pub. L. 102-240, 105 Stat. 1914, 2151; sec. 32304 of Pub. L. 112-141, 126 Stat. 405, 791; and 49 CFR 1.87. Sec. 380.107 [Amended] 0 12. Amend Sec. 380.107(a) by removing the phrase ``the appendix to this part'' and adding in its place the phrase ``Appendix F to this part''. Sec. 380.109 [Amended] 0 13. Amend Sec. 380.109 as follows: 0 a. In paragraphs (a)(1), (a)(5), (a)(6), and (a)(7), remove the phrase ``the appendix to this part'' wherever it occurs and add in its place the phrase ``Appendix F to this part''; and 0 b. Remove paragraph (d). Sec. 380.201 [Amended] 0 14. Amend Sec. 380.201 as follows: 0 a. In paragraph (a) introductory text, remove the phrase ``the appendix to this part'' and add in its place the phrase ``Appendix F to this part''; and 0 b. In paragraph (b), remove the phrase ``the appendix to this part'' and add in its place the phrase ``Appendix F to this part''. Sec. 380.203 [Amended] 0 15. Amend Sec. 380.203(b) by removing the phrase ``the appendix to this part'' and adding in its place the phrase ``Appendix F to this part''. Sec. 380.205 [Amended] 0 16. Amend Sec. 380.205(b) by removing the phrase ``the appendix to this part'' and adding in its place the phrase ``Appendix F to this part''. Sec. 380.303 [Amended] 0 17. Amend Sec. 380.303(a) by removing the phrase ``the appendix to this part'' and adding in its place the phrase ``Appendix F to this part''. Subpart E--Entry-Level Driver Training Requirements Before February 7, 2020 0 18. Revise the heading of subpart E to read as set forth above. 0 19. Revise Sec. 380.605 to read as follows: Sec. 380.605 Definitions. The definitions in parts 383 and 384 of this subchapter apply to this subpart, except as stated below. As used in this subpart: Behind-the-wheel (BTW) instructor means an individual who provides BTW training involving the actual operation of a CMV by an entry-level driver on a range or a public road and meets one of these qualifications: (1) Holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided and has at least 2 years of experience driving a CMV requiring a CDL of the same or higher class and/or the same endorsement and meets all applicable State qualification requirements for CMV instructors; or (2) Holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided and has at least 2 years of experience as a BTW CMV instructor and meets all applicable State qualification requirements for CMV instructors. Exception applicable to paragraphs (1) and (2) of this definition: A BTW instructor who provides training solely on a range which is not a public road is not required to hold a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided, as long as the instructor previously held a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided, and complies with the other requirements set forth in paragraphs (1) or (2) of this definition. (3) If an instructor's CDL has been cancelled, suspended, or revoked due to any of the disqualifying offenses identified in Sec. 383.51 of this subchapter, the instructor is prohibited from engaging in BTW instruction for 2 years following the date his or her CDL is reinstated. Behind-the-wheel (BTW) public road training means training provided by a BTW instructor when an entry-level driver has actual control of the power unit during a driving lesson conducted on a public road. BTW public road training does not include the time that an entry-level driver spends observing [[Page 22875]] the operation of a CMV when he or she is not in control of the vehicle. Behind-the-wheel (BTW) range training means training provided by a BTW instructor when an entry-level driver has actual control of the power unit during a driving lesson conducted on a range. BTW range training does not include time an entry-level driver spends observing the operation of a CMV when he or she is not in control of the vehicle. Entry-level driver means an individual who must complete the CDL skills test requirements under Sec. 383.71 of this subchapter prior to receiving a CDL for the first time, upgrading to a Class A or Class B CDL, or obtaining a hazardous materials, passenger, or school bus endorsement for the first time. This definition does not include individuals for whom States waive the CDL skills test under Sec. 383.77 or individuals seeking to remove a restriction in accordance with Sec. 383.135(b)(7) of this subchapter. Entry-level driver training means training an entry-level driver receives from an entity listed on FMCSA's Training Provider Registry prior to: (1) Taking the CDL skills test required to receive the Class A or Class B CDL for the first time; (2) Taking the CDL skills test required to upgrade to a Class A or Class B CDL; or (3) Taking the CDL skills test required to obtain a passenger and/ or school bus endorsement for the first time or the CDL knowledge test required to obtain a hazardous materials endorsement for the first time. Range means an area that must be free of obstructions, enables the driver to maneuver safely and free from interference from other vehicles and hazards, and has adequate sight lines. Theory instruction means knowledge instruction on the operation of a CMV and related matters provided by a theory instructor through lectures, demonstrations, audio-visual presentations, computer-based instruction, driving simulation devices, online training, or similar means. Theory instructor means an individual who provides knowledge instruction on the operation of a CMV and meets one of these qualifications: (1) Holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided and has at least 2 years of experience driving a CMV requiring a CDL of the same (or higher) class and/or the same endorsement and meets all applicable State qualification requirements for CMV instructors; or (2) Holds a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided and has at least 2 years of experience as a BTW CMV instructor and meets all applicable State qualification requirements for CMV instructors. Exceptions applicable to paragraphs (1) and (2) of this definition: 1. An instructor is not required to hold a CDL of the same (or higher) class and with all endorsements necessary to operate the CMV for which training is to be provided, if the instructor previously held a CDL of the same (or higher) class and complies with the other requirements set forth in paragraphs (1) or (2) of this definition. 2. Training providers offering online content exclusively are not required to meet State qualification requirements for theory instructors. (3) If an instructor's CDL has been cancelled, suspended, or revoked due to any of the disqualifying offenses identified in Sec. 383.51 of this subchapter, the instructor is prohibited from engaging in theory instruction for 2 years following the date his or her CDL is reinstated. Training provider means an entity that is listed on the FMCSA Training Provider Registry, as required by subpart G of this part. Training providers include, but are not limited to, training schools, educational institutions, rural electric cooperatives, motor carriers, State/local governments, school districts, joint labor management programs, owner-operators, and individuals. 0 20. Revise Sec. 380.713 to read as follows: Sec. 380.713 Instructor requirements. (a) Theory training providers must utilize instructors who are theory instructors as defined in Sec. 380.605. (b) BTW training providers must utilize instructors who are BTW instructors as defined in Sec. 380.605. Appendix A to Part 380 [Amended] 0 21. Amend Appendix A to Part 380 as follows: 0 a. In the second sentence of Unit A1.2.7, remove the word ``provide'' and add in its place the word ``provider''; and 0 b. In the first sentence of Unit A1.5.6, remove the word ``in'' following the words ``driver-trainees.'' Appendix B to Part 380 [Amended] 0 22. Amend Appendix B to Part 380 by removing the heading that reads ``Unit 1.3 Pre- and Post-Trip Inspections'' and adding in its place a heading that reads ``Unit B1.1.3 Pre- and Post-Trip Inspections''. PART 382--CONTROLLED SUBSTANCES ALCOHOL USE AND TESTING 0 23. The authority citation for part 382 continues to read as follows: Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87. Sec. 382.403 [Amended] 0 24. Amend Sec. 382.403(e) by adding within the parentheses the phrase ``as defined in Sec. 382.107'' after the phrase ``Designated employer representative'' in the second sentence. PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES 0 25. The authority citation for part 383 continues to read as follows: Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141, 126 stat. 405, 830; and 49 CFR 1.87. Sec. 383.5 [Amended] 0 26. Amend the definition of ``Conviction'' in Sec. 383.5 by removing the word ``prorated'' and adding in its place the word ``probated''. 0 27. Revise Sec. 383.23(b)(1), including footnote 1, to read as follows: Sec. 383.23 Commercial driver's license. * * * * * (b) Exception. (1) If a CMV operator is not domiciled in a foreign jurisdiction that the Administrator has determined tests drivers and issues CDLs in accordance with, or under standards similar to, the standards contained in subparts F, G, and H of this part,\1\ the person may obtain a Non-domiciled CLP or Non-domiciled CDL from a State that does comply with the testing and licensing standards contained in such subparts F, G, and H of this part, so long as that person meets the requirements of Sec. 383.71(f). \1\ Effective December 29, 1988, the Administrator determined that commercial driver's licenses issued by Canadian Provinces and Territories in conformity with the Canadian National Safety Code are in accordance with the standards of this part. Effective November 21, 1991, and as amended on January 19, 2017, the Administrator determined that the new Licencias Federales de Conductor issued by the [[Page 22876]] United Mexican States are in accordance with the standards of this part. Therefore, under the single license provision of Sec. 383.21, a driver holding a commercial driver's license issued under the Canadian National Safety Code or a new Licencia Federal de Conductor issued by Mexico is prohibited from obtaining a non-domiciled CDL, or any other type of driver's license, from a State or other jurisdiction in the United States. * * * * * Sec. 383.73 [Amended] 0 28. Amend Sec. 383.73(b)(8) by removing the phrase ``Sec. Sec. 383.71(b)(1)(i)Sec. 383.71(b)(8) and 383.141'' and adding in its place the phrase ``Sec. Sec. 383.71(b)(8) and 383.141''. PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM 0 29. The authority citation for part 384 is revised to read as follows: Authority: 49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1753, 1767; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524 of Pub. L. 114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87. 0 30. Amend Sec. 384.301 by adding paragraph (k) to read as follows: Sec. 384.301 Substantial compliance--general requirements. * * * * * (k) A State must come into substantial compliance with the requirements of subpart B of this part and part 383 of this chapter in effect as of February 6, 2017, but not later than February 7, 2020. PART 385--SAFETY FITNESS PROCEDURES 0 31. 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, 31136, 31144, 31148, 31151, and 31502; Sec. 350 of Pub. L. 107-87; and 49 CFR 1.87. 0 32. Amend Sec. 385.203 by revising paragraph (c) to read as follows: Sec. 385.203 What are the requirements to obtain and maintain certification? * * * * * (c) The requirements of paragraphs (a) and (b) of this section for training, performance and maintenance of certification/qualification, which are described on the FMCSA website (www.fmcsa.dot.gov), are also available in hard copy from the Federal Motor Carrier Safety Administration, Professional Development and Training Division (MC- MHT), 1310 N. Courthouse Road, Suite 600, Arlington, VA 22201. 0 33. Amend Appendix B to Part 385, section VII. List of Acute and Critical Regulations as follows: 0 a. By removing the entries for Sec. 382.309(a) and Sec. 382.309(b); 0 b. By adding an entry for Sec. 382.309 in numerical order; 0 c. By removing the entries for Sec. 382.605(c)(1) and Sec. 382.605(c)(2)(ii); 0 d. By adding an entry for Sec. 382.605 in numerical order; 0 e. By removing the entry for Sec. 395.8(e)(2); 0 f. By adding an entry for Sec. 395.8(e)(2) or (3) in numerical order; 0 g. By removing the entry for Sec. 172.802(b); 0 h. By removing the entry for Sec. 173.421(a); and 0 i. By adding an entry for Sec. 173.421 in numerical order. The additions read as follows: Appendix B to Part 385 [Amended] * * * * * Sec. 382.309 Using a driver who has not undergone return-to-duty testing with a negative drug test result and/or an alcohol test with an alcohol concentration of less than 0.02 in accordance with 49 CFR 40.305 (acute). * * * * * Sec. 382.605 Failing to subject a driver who has been identified as needing assistance to at least six unannounced follow-up drug and/or alcohol tests in the first 12 months following the driver's return-to- duty in accordance with 49 CFR 40.307 (critical). * * * * * Sec. 395.8(e)(2) or (3) Disabling, deactivating, disengaging, jamming, or otherwise blocking or degrading a signal transmission or reception; tampering with an automatic on-board recording device or ELD; or permitting or requiring another person to engage in such activity (acute). * * * * * Sec. 173.421 Accepting for transportation or transporting a Class 7 (radioactive) material described, marked, and packaged as a limited quantity when the radiation level on the surface of the package exceeds 0.005mSv/hour (0.5 mrem/hour) (acute). * * * * * PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS 0 34. The authority citation for part 387 is revised to read as follows: Authority: 49 U.S.C. 13101, 13301, 13906, 13908, 14701, 31138, and 31139; sec. 204(a), Pub. L. 104-88, 109 Stat. 803, 941; and 49 CFR 1.87. Sec. 387.3 [Amended] 0 35. Amend Sec. 387.3(c) by removing the word ``part'' and adding in its place the word ``subpart'' wherever it appears. 0 36. Amend Sec. 387.7 by revising paragraph (b)(3) to read as follows: Sec. 387.7 Financial responsibility required. * * * * * (b) * * * (3) Exception. (i) A Mexico-domiciled motor carrier operating solely in municipalities in the United States on the U.S.-Mexico international border or within the commercial zones of such municipalities with a Certificate of Registration issued under part 368 may meet the minimum financial responsibility requirements of this subpart by obtaining insurance coverage, in the required amounts, for periods of 24 hours or longer, from insurers that meet the requirements of Sec. 387.11. (ii) A Mexican motor carrier so insured must have available for inspection in each of its vehicles copies of the following documents: (A) The Certificate of Registration; (B) The required insurance endorsement (Form MCS-90); and (C) An insurance identification card, binder, or other document issued by an authorized insurer which specifies both the effective date and the expiration date of the temporary insurance coverage authorized by this exception. (iii) Mexican motor carriers insured under this exception are also exempt from the notice of cancellation requirements stated on Form MCS- 90. * * * * * 0 37. Amend Sec. 387.33 as follows: 0 a. Lift the suspension of the section; 0 b. Revise paragraph (a); and 0 c. Suspend Sec. 387.33 indefinitely. The revision reads as follows: Sec. 387.33 Financial responsibility, minimum levels. (a) General limits. Except as provided in Sec. 387.27(b), the minimum levels of financial responsibility referred to in Sec. 387.31 are prescribed as follows: SCHEDULE OF LIMITS Public Liability For-hire motor carriers of passengers operating in interstate or foreign commerce. ------------------------------------------------------------------------ Vehicle seating capacity Minimum limits ------------------------------------------------------------------------ (1) Any vehicle with a seating capacity of 16 passengers $5,000,000 or more, including the driver.......................... [[Page 22877]] (2) Any vehicle with a seating capacity of 15 passengers 1,500,000 or less, including the driver.......................... ------------------------------------------------------------------------ * * * * * 0 38. Revise Sec. 387.33T to read as follows: Sec. 387.33T Financial responsibility, minimum levels. Except as provided in Sec. 387.27(b), the minimum levels of financial responsibility referred to in Sec. 387.31 are hereby prescribed as follows: SCHEDULE OF LIMITS Public Liability For-hire motor carriers of passengers operating in interstate or foreign commerce. ------------------------------------------------------------------------ Vehicle seating capacity Minimum limits ------------------------------------------------------------------------ (a) Any vehicle with a seating capacity of 16 passengers $5,000,000 or more, including the driver.......................... (b) Any vehicle with a seating capacity of 15 passengers 1,500,000 or less, including the driver.......................... ------------------------------------------------------------------------ 0 39. Amend Sec. 387.301 as follows: 0 a. Lift the suspension of the section; 0 b. Amend paragraph (b) by revising the last sentence of the paragraph; and 0 c. Suspend Sec. 387.301 indefinitely. The revision reads as follows: Sec. 387.301 Surety bond, certificate of insurance, or other securities. * * * * * (b) * * * The terms ``household goods motor carrier'' and ``individual shipper'' are defined in Sec. 375.103 of this subchapter. * * * * * 0 40. Amend Sec. 387.301T by revising the last sentence of paragraph (b) to read as follows: Sec. 387.301T Surety bond, certificate of insurance, or other securities. * * * * * (b) * * * The terms ``household goods motor carrier'' and ``individual shipper'' are defined in Sec. 375.103 of this subchapter. * * * * * Sec. 387.303 [Amended] 0 41. Amend Sec. 387.303 as follows: 0 a. Lift the suspension of the section; 0 b. Redesignate the undesignated paragraph following (b)(4)(iii) as paragraph (b)(5); and 0 c. Suspend Sec. 387.303 indefinitely. Sec. 387.303T [Amended] 0 42. Amend Sec. 387.303T by redesignating the undesignated paragraph following (b)(4)(iii) as paragraph (b)(5). Sec. 387.313 [Amended] 0 43. Amend Sec. 387.313 as follows: 0 a. Lift the suspension of the section; 0 b. Redesignate paragraphs (a)(6)(1) and (a)(6)(2) as paragraphs (a)(6)(i) and (a)(6)(ii), respectively; and 0 c. Suspend Sec. 387.313 indefinitely. PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL 0 44. The authority citation for part 390 is revised to read as follows: Authority: 49 U.S.C. 504, 508, 31132, 31133, 31134, 31136, 31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677; secs. 212, 217, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 229, Pub. L. 106-159 (as added and transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743); sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; secs. 32101(d), 32934, Pub. L. 112-141, 126 Stat. 405, 778, 830; sec. 2, Pub. L. 113-125, 128 Stat. 1388; secs. 5518, 5524, Pub. L. 114-94, 129 Stat. 1312, 1558, 1560; and 49 CFR 1.87. 0 45. Amend Sec. 390.3 as follows: 0 a. Lift the suspension of the section; 0 b. Revise paragraphs (i)(4) and (j)(3); 0 c. Add paragraph (l); and 0 d. Suspend Sec. 390.3 indefinitely. The revision and addition read as follows: Sec. 390.3 General applicability. * * * * * (i) * * * (4) Section 390.6, prohibiting the coercion of drivers of commercial motor vehicles operating in interstate commerce to violate certain safety regulations, and subpart E of this part, Unified Registration System. (j) * * * (3) Section 390.6, prohibiting the coercion of drivers of commercial motor vehicles operating in interstate commerce to violate certain safety regulations, and subpart E of this part, Unified Registration System. * * * * * (l) Shippers, receivers, consignees, and transportation intermediaries. The rules in 49 CFR 386.12(c) and 390.6 prohibiting the coercion of drivers of commercial motor vehicles operating in interstate commerce to violate certain safety regulations are applicable to shippers, receivers, and transportation intermediaries. Sec. 390.3T [Amended] 0 46. Amend Sec. 390.3T(a)(2) introductory text by removing the phrase ``rules in 49 CFR 386.12(e) and 390.6'' and adding in its place the phrase ``rules in 49 CFR 386.12(c) and 390.6''. 0 47. Amend Sec. 390.5 as follows: 0 a. Lift the suspension of the section; 0 b. Revise the definition of ``Conviction''; 0 c. Amend the definition of ``Covered farm vehicle'' by revising paragraph (1)(ii); 0 d. Revise the definitions of ``Farm vehicle driver,'' and ``Farmer''; and 0 e. Suspend Sec. 390.5 indefinitely. The revisions read as follows: Sec. 390.5 Definitions. * * * * * Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. Covered farm vehicle-- (1) * * * (ii) Operated by the owner or operator of a farm or ranch, or an employee or family member of an owner or operator of a farm or ranch; * * * * * Farm vehicle driver means a person who drives only a commercial motor vehicle that is-- (1) Controlled and operated by a farmer as a private motor carrier of property; (2) Being used to transport either-- (i) Agricultural products, or (ii) Farm machinery, farm supplies, or both, to or from a farm; (3) Not being used in the operation of a for-hire motor carrier; (4) Not carrying hazardous materials of a type or quantity that requires the commercial motor vehicle to be placarded in accordance with Sec. 177.823 of this subtitle; and (5) Being used within 150 air-miles of the farmer's farm. Farmer means any person who operates a farm or is directly involved in the cultivation of land, crops, or livestock which-- (1) Are owned by that person; or (2) Are under the direct control of that person. * * * * * [[Page 22878]] 0 48. Amend Sec. 390.5T as follows: 0 a. Revise the definition of ``Conviction''; and 0 b. Amend the definition of ``Covered farm vehicle'' by revising paragraph (1)(ii). The revisions read as follows: Sec. 390.5T Definitions. * * * * * Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. Covered farm vehicle-- (1) * * * (ii) Operated by the owner or operator of a farm or ranch, or an employee or family member of an owner or operator of a farm or ranch; * * * * * 0 49. Revise Sec. 390.15(b) introductory text to read as follows: Sec. 390.15 Assistance in investigations and special studies. * * * * * (b) Motor carriers must maintain an accident register for 3 years after the date of each accident. Information placed in the accident register must contain at least the following: * * * * * 0 50. Amend Sec. 390.19T by revising the section heading to read as follows: Sec. 390.19T Motor carrier, hazardous material safety permit applicant/holder, and intermodal equipment provider identification reports. * * * * * 0 51. Revise Sec. 390.27 to read as follows: Sec. 390.27 Locations of motor carrier safety service centers. ------------------------------------------------------------------------ Service center Territory included Location of office ------------------------------------------------------------------------ Eastern................... Connecticut, Delaware, 31 Hopkins Plaza, District of Columbia, Suite 800, Maine, Maryland, Baltimore, Massachusetts, New Maryland 21201. Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, United States Virgin Islands, Vermont, Virginia, West Virginia. Midwestern................ Illinois, Indiana, Iowa, 4749 Lincoln Mall Kansas, Michigan, Drive, Suite Minnesota, Missouri, 300A, Matteson, Nebraska, Ohio, Illinois 60443. Wisconsin. Southern.................. Alabama, Arkansas, 1800 Century Florida, Georgia, Boulevard, Suite Kentucky, Louisiana, 1700, Atlanta, Mississippi, North Georgia 30345- Carolina, Oklahoma, 3220. South Carolina, Tennessee. Western................... Alaska, American Samoa, 12600 West Colfax Arizona, California, Avenue, Suite B- Colorado, Guam, Hawaii, 300, Lakewood, Idaho, Mariana Islands, Colorado 80215. Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Texas, Utah, Washington, Wyoming. ------------------------------------------------------------------------ Note 1: Canadian carriers--for information regarding proper service center, contact an FMCSA division (State) office in Alaska, Maine, Michigan, Montana, New York, North Dakota, Vermont, or Washington. Note 2: Mexican carriers are handled through the four southern border divisions and the Western Service Center. For information regarding the proper service center, contact an FMCSA division (State) office in Arizona, California, New Mexico, or Texas. 0 52. Amend Sec. 390.115 as follows: 0 a. Republish the heading and revise the first sentence of paragraph (a); and 0 b. Revise paragraph (d) introductory text. The revisions read as follows: Sec. 390.115 Procedure for removal from the National Registry of Certified Medical Examiners. (a) Voluntary removal. To be voluntarily removed from the National Registry of Certified Medical Examiners, a medical examiner must submit a request to the FMCSA Director, Office of Carrier, Driver and Vehicle Safety Standards, 1200 New Jersey Ave. SE, Washington, DC 20590. * * * * * * * * (d) Request for administrative review. If a person has been removed from the National Registry of Certified Medical Examiners under paragraph (c)(1)(iii), (c)(2)(ii), or (e) of this section, that person may request an administrative review no later than 30 days after the date the removal becomes effective. The request must be submitted in writing to the FMCSA Associate Administrator for Policy, 1200 New Jersey Ave. SE, Washington, DC 20590. The request must explain the error(s) committed in removing the medical examiner from the National Registry of Certified Medical Examiners, and include a list of all factual, legal, and procedural issues in dispute, and any supporting information or documents. * * * * * PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION 0 53. 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); sec. 5301 and 5524 of Pub. L. 114-94, 129 Stat. 1312, 1543, 1560; and 49 CFR 1.87. 0 54. Amend Sec. 393.60 by revising paragraph (e)(1)(ii) to read as follows: Sec. 393.60 Glazing in specified openings. * * * * * (e) * * * (1) * * * (ii) Paragraph (e)(1)(i) of this section does not apply to vehicle safety technologies, as defined in Sec. 393.5, that are mounted on the interior of a windshield. Devices with vehicle safety technologies must be mounted outside the driver's sight lines to the road and to highway signs and signals, and: (A) Not more than 100 mm (4 inches) below the upper edge of the area swept by the windshield wipers; or (B) Not more than 175 mm (7 inches) above the lower edge of the area swept by the windshield wipers. * * * * * PART 395--HOURS OF SERVICE OF DRIVERS 0 55. The authority citation for part 395 continues to read as follows: Authority: 49 U.S.C. 504, 31133, 31136, 31137, and 31502; sec. 113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106- 159 (as transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); sec. 4133, Pub. L. 109-59, 119 Stat. 1144, 1744; sec. 108, Pub. L. 110-432, 122 Stat. 4860-4866; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5206(b) of Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87. 0 56. Amend Sec. 395.13 by revising paragraph (c)(2) to read as follows: Sec. 395.13 Drivers declared out of service. * * * * * (c) * * * (2) A motor carrier shall complete the ``Motor Carrier Certification of Action Taken'' portion of the form ``Driver/ [[Page 22879]] Vehicle Examination Report'' and deliver the copy of the form either personally or by mail to the Division Administrator or State Director Federal Motor Carrier Safety Administration, at the address specified upon the form within 15 days following the date of examination. If the motor carrier mails the form, delivery is made on the date it is postmarked. * * * * * 0 57. Amend Appendix A to Subpart B of Part 395 as follows: 0 a. Revise section 4.2(b); 0 b. Revise section 4.3.1.2(b); 0 c. Revise section 4.3.1.3(b)(1); 0 d. Revise section 4.3.1.4(b); 0 e. Revise section 4.3.1.7; 0 f. Revise section 4.4.5.1.1.(b)(9); 0 g. In section 4.8.1.3.(b), remove the phrase ``ELD ID: [ELD Registration ID]'' and add in its place the phrase ``ELD ID: [ELD Identifier]''; 0 h. In section 4.8.2.1.6., remove the phrase ``Driver's Certification/ Recertification Actions: [CR]'' and add in its place the phrase ``Driver's Certification/Recertification Actions: [CR]''; 0 i. Revise section 7.14; 0 j. Amend section 7.19 by revising the entry for ``Disposition''; 0 k. In section 7.20, revise table 6; 0 l. Revise section 7.31; 0 m. Revise section 7.33; and 0 n. Amend section 7.43 by revising the entry for ``Disposition''. The revised text reads as follows: Appendix A to Subpart B of Part 395--Functional Specifications for All Electronic Logging Devices (ELDs) * * * * * 4. Functional Requirements * * * * * 4.2 * * * (b) An ELD used while operating a CMV that is a model year 2000 or later model year, as indicated by the vehicle identification number (VIN), that has an engine electronic control module (ECM) must establish a link to the engine ECM when the CMV's engine is powered and receive automatically the engine's power status, vehicle's motion status, miles driven value, and engine hours value through the serial or Control Area Network communication protocols supported by the engine ECM or the vehicle's databus. If the vehicle does not have an ECM, an ELD may use alternative sources to obtain or estimate these vehicle parameters with the listed accuracy requirements under section 4.3.1 of this appendix. * * * * * 4.3.1.2 * * * (b) If an ELD is required to have a link to the vehicle's engine ECM, vehicle speed information must be acquired from the engine ECM or the vehicle's databus. Otherwise, vehicle speed information must be acquired using an independent source apart from the positioning services described under section 4.3.1.6 of this appendix and must be accurate within 3 miles per hour of the CMV's true ground speed for purposes of determining the in-motion state for the CMV. 4.3.1.3 * * * (b) * * * (1) The ELD must monitor the odometer message broadcast on the engine ECM or the vehicle's databus and use it to log total vehicle miles information; and * * * * * 4.3.1.4 * * * (b) If an ELD is required to have a link to the vehicle's engine ECM, the ELD must monitor the total engine hours message broadcast on the engine ECM or the vehicle's databus and use it to log total engine hours information. Otherwise, engine hours must be obtained or estimated from a source that monitors the ignition power of the CMV and must be accurate within 0.1 hour of the engine's total operation within a given ignition power on cycle. * * * * * 4.3.1.7. CMV VIN The vehicle identification number (VIN) for the power unit of a CMV must be automatically obtained and recorded if it is available on the vehicle databus. * * * * * 4.4.5.1.1 Event Checksum Calculation * * * * * (b) (9) '', and * * * * * 7. * * * 7.14. ELD Authentication Value Description: An alphanumeric value that is unique to an ELD and verifies the authenticity of the given ELD. Purpose: Provides ability to cross-check the authenticity of an ELD used in the recording of a driver's records during inspections. Source: ELD provider-assigned value; includes a certificate component and a hashed component; necessary information related to authentication keys and hash procedures disclosed by the registered ELD provider during the online ELD certification process for independent verification by FMCSA systems. For example, an ELD Authentication Value could be generated by creating a string that concatenates a predetermined selection of values that will be included in the ELD Output File, signing that string (using the ELD private key and a predetermined hash algorithm), then using a binary-to-text encoding algorithm to encode the signature into alphanumeric characters. Used in: ELD outputs. Data Type: Calculated from the authentication ELD provider's private key not provided to FMCSA but corresponding to the ELD provider's public key certificate and calculation procedure privately distributed by the ELD provider to FMCSA during the ELD registration process. Data Range: Alphanumeric combination. Data Length: Greater than 16 characters. Data Format: . Disposition: Mandatory. Example: [bGthamRrZmpha3NkamZsa2pzZGxma2phc2xka2Y7ajtza25rbCBucms7Y2 . . . RuZHNudm5hc21kbnZBU0RGS0xKQVNMS0RKTEs7QVNKRDtGTEtBSlNERktMSkFEU0w7S1N ESkZMSw==]. * * * * * 7.19. * * * Disposition: Mandatory for any event whose origin is the ELD or the unidentified driver profile. For events created by the driver or another authenticated user when engine hours are not available and cannot accurately be determined this field can be blank. * * * * * 7.20 * * * [[Page 22880]] [GRAPHIC] [TIFF OMITTED] TR17MY18.000 * * * * * 7.31. Latitude Description: An angular distance in degrees north and south of the equator. Purpose: In combination with the variable ``Longitude'', this parameter stamps records requiring a position attribute with a reference point on the face of the earth. Source: ELD's position measurement. Used in: ELD events; ELD outputs. Data Type: Latitude and Longitude must be automatically captured by the ELD. Data Range: X, M, E or -90.00 to 90.00 in decimal degrees (two decimal point resolution) in records using conventional positioning precision; -90.0 to 90.0 in decimal degrees (single decimal point resolution) in records using reduced positioning precision when allowed; latitudes north of the equator must be specified by the absence of a minus sign (-) preceding the digits designating degrees; latitudes south of the Equator must be designated by a minus sign (-) preceding the digits designating degrees. Data Length: 1, or 3 to 6 characters. Data Format: or First character: [<`-'> or <{blank{time} >]; then [ or ]; then <`.'>; then [ or ]. Disposition: Mandatory. Examples: [X], [M], [E], [-15.68], [38.89], [5.07], [-6.11], [- 15.7], [38.9], [5.1], [-6.1]. * * * * * 7.33. Longitude Description: An angular distance in degrees measured on a circle of reference with respect to the zero (or prime) meridian; The prime meridian runs through Greenwich, England. Purpose: In combination with the variable ``Latitude'', this parameter stamps records requiring a position attribute with a reference point on the face of the earth. Source: ELD's position measurement. Used in: ELD events; ELD outputs. Data Type: Latitude and Longitude must be automatically captured by the ELD. Data Range: X, M, E or -179.99 to 180.00 in decimal degrees (two decimal point resolution) in records using conventional positioning precision; -179.9 to 180.0 in decimal degrees (single decimal point resolution) in records using reduced positioning precision when allowed; longitudes east of the prime meridian must be specified by the absence of a minus sign (-) preceding the digits designating degrees of longitude; longitudes west of the prime meridian must be designated by minus sign (-) preceding the digits designating degrees. Data Length: 1, or 3 to 7 characters. Data Format: or First character: [<`-'> or <{blank{time} >]; then [ , or ]; then <`.'>; then [ or ]. Disposition: Mandatory. Examples: [X], [M], [E], [-157.81], [-77.03], [9.05], [-0.15], [-157.8], [-77.0], [9.1], [-0.2]. * * * * * 7.43. * * * * * * * * Disposition: Mandatory for any event whose origin is the ELD or the unidentified driver profile. For events created by the driver or another authenticated user when vehicle miles are not available and cannot accurately be determined this field can be blank. * * * * * PART 396--INSPECTION, REPAIR, AND MAINTENANCE 0 58. The authority citation for part 396 continues to read as follows: Authority: 49 U.S.C. 504, 31133, 31136, 31151, and 31502; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524 of Pub. L. 114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87. [[Page 22881]] Sec. 396.17 [Amended] 0 59. Amend Sec. 396.17 as follows: 0 a. In paragraph (d) remove the reference to ``Sec. 396.23(b)(1)'' wherever it appears and add in its place a reference to ``Sec. 396.23(a)(1)''; and 0 b. In paragraph (f), remove the phrase ``State government or equivalent jurisdiction'' and add in its place the phrase ``State government or equivalent jurisdiction in the Canadian Provinces, the Yukon Territory, and Mexico''. 0 60. Revise Sec. 396.23 to read as follows: Sec. 396.23 Equivalent to periodic inspection. (a)(1) If a commercial motor vehicle is subject to a mandatory inspection program that is determined by the Administrator to be as effective as Sec. 396.17, the motor carrier or intermodal equipment provider must meet the requirement of Sec. 396.17 through that inspection program. Commercial motor vehicle inspections may be conducted by government personnel, at commercial facilities authorized by a State government or equivalent jurisdiction in the Canadian Provinces, the Yukon Territory, or Mexico, or by the motor carrier or intermodal equipment provider itself under the auspices of a self- inspection program authorized by a State government or equivalent jurisdiction in the Canadian Provinces, the Yukon Territory, or Mexico. (2) Should FMCSA determine that an inspection program, in whole or in part, is not as effective as Sec. 396.17, the motor carrier or intermodal equipment provider must ensure that the periodic inspection required by Sec. 396.17 is performed on all commercial motor vehicles under its control in a manner specified in Sec. 396.17. (b) [Reserved] PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES 0 61. The authority citation for part 397 continues to read as follows: Authority: 49 U.S.C. 322; 49 CFR 1.87. Subpart A also issued under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.97. Subparts C, D, and E also issued under 49 U.S.C. 5112, 5125. 0 62. Amend Sec. 397.73 by revising paragraph (b) to read as follows: Sec. 397.73 Public information and reporting requirements. * * * * * (b) Reporting and publishing requirements. (1) Each State or Indian tribe, through its routing agency, shall provide information identifying all NRHM routing designations that exist within its jurisdiction: (i) Electronically, by email to [email protected]; or (ii) By mail to the Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave. SE, Washington, DC 20590-0001. (2) States and Indian tribes shall also submit to FMCSA the current name of the State or Indian tribal agency responsible for NHRM highway routing designations. The State or Indian tribe shall include descriptions of these routing designations, along with the dates they were established. Information on any subsequent changes or new NRHM routing designations shall be furnished within 60 days after establishment to the FMCSA. (3)(i) FMCSA will consolidate information on the NRHM routing designations, make it available on its website, https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry, and publish it annually in whole or as updates in the Federal Register. (ii) Each State or Indian tribe may also publish this information in its official register of State or tribal regulations. * * * * * 0 63. Amend Sec. 397.103 by revising paragraphs (c)(3) and (d) to read as follows: Sec. 397.103 Requirements for State routing designations. * * * * * (c) * * * (3) The route is published in FMCSA's Hazardous Materials Route Registry, available on the FMCSA website, https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry. (d) A list of State-designated preferred routes and a copy of the ``Guidelines for Selecting Preferred Highway Routes for Highway Route Controlled Quantity Shipments of Radioactive Materials'' are available upon request to Federal Motor Carrier Safety Administration, Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave. SE, Washington, DC 20590-0001, or by email to [email protected]. PART 398--TRANSPORTATION OF MIGRANT WORKERS 0 64. The authority citation for part 398 continues to read as follows: Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502, and 31504; sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C. 701 note); sec. 212, Pub. L. 106-159, 113 Stat. 1748, 1766; and 49 CFR 1.87. 0 65. Revise Sec. 398.8 to read as follows: Sec. 398.8 Administration inspection of motor vehicles in operation. (a) Administration personnel authorized to perform inspections. All persons designated as Special Agents of the Federal Motor Carrier Safety Administration, as detailed in Appendix B of chapter III of this title, are authorized to enter upon and perform inspections of motor carrier's vehicles in operation. (b) Prescribed inspection report. The ``Driver/Vehicle Examination Report'' shall be used to record findings from motor vehicles selected for final inspection by authorized Administration employees. (c) Motor vehicles declared ``out of service.'' (1) Authorized Administration employees shall declare and mark ``out of service'' any motor vehicle which by reason of its mechanical condition or loading is so imminently hazardous to operate as to be likely to cause an accident or a breakdown. The ``Out of Service Vehicle'' sticker shall be used to mark vehicles ``out of service.'' (2) No motor carrier shall require or permit any person to operate nor shall any person operate any motor vehicle declared and marked, ``out of service'' until all repairs required by the ``out of service notice'' on the ``Driver/Vehicle Examination Report'' have been satisfactorily completed. The term ``operate'' as used in this section shall include towing the vehicle; provided, however, that vehicles marked ``out of service'' may be towed away by means of a vehicle using a crane or hoist; and provided further, that the vehicle combination consisting of the emergency towing vehicle and the ``out of service'' vehicle meets the performance requirements of Sec. 393.52 of this subchapter. (3) No person shall remove the ``Out of Service Vehicle'' sticker from any motor vehicle prior to completion of all repairs required by the ``out of service notice'' on the ``Driver/Vehicle Examination Report.'' (4) The person or persons completing the repairs required by the ``out of service notice'' shall sign the ``Certification of Repairman'' in accordance with the terms prescribed on the ``Driver/Vehicle Examination Report,'' entering the name of his/her shop or garage and the date and time the required repairs were completed. If the driver completes the required repairs, he/she shall sign and complete the ``Certification of Repairman.'' [[Page 22882]] (d) Motor carrier's disposition of the ``Driver/Vehicle Examination Report.'' (1) Motor carriers shall carefully examine the ``Driver/ Vehicle Examination Reports.'' Any and all violations or mechanical defects noted thereon shall be corrected. To the extent drivers are shown not to be in compliance with the Federal Motor Carrier Safety Regulations, appropriate corrective action shall be taken by the motor carrier. (2) Motor carriers shall complete the ``Motor Carrier Certification of Action Taken'' on the ``Driver/Vehicle Examination Report'' in accordance with the terms prescribed thereon. Motor carriers shall return the ``Driver/Vehicle Examination Reports'' to the address indicated on the report within fifteen (15) days following the date of the vehicle inspection. Issued under the authority delegated in 49 CFR 1.87 on: May 9, 2018. Raymond P. Martinez, Administrator. [FR Doc. 2018-10437 Filed 5-16-18; 8:45 am] BILLING CODE 4910-EX-P
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* * * * * 255, 49 Stat. 543, Aug. 9, 1935), now Act (FAST Act) (Pub. L. 114–94, 129
[FR Doc. 2018–10464 Filed 5–16–18; 8:45 am] appears in 49 U.S.C. chapter 315. The Stat. 1312, Dec. 4, 2015).
BILLING CODE 6560–50–P regulations issued under this (and The specific regulations amended by
subsequently enacted) authority became this rule are based on the statutes
known as the Federal Motor Carrier detailed above. Generally, the legal
DEPARTMENT OF TRANSPORTATION Safety Regulations (FMCSRs), codified authority for each of those provisions
at 49 CFR parts 350–399. The was explained when the requirement
Federal Motor Carrier Safety administrative powers to enforce was originally adopted and is noted at
Administration chapter 315 (codified in 49 U.S.C. the beginning of each part in title 49 of
chapter 5) were also transferred from the the CFR.
49 CFR Parts 350, 360, 365, 373, 380, ICC to the DOT in 1966 and assigned, The Administrative Procedure Act
382, 383, 384, 385, 387, 390, 393, 395, first to the Federal Highway (APA) (5 U.S.C. 551–706) specifically
396, 397, and 398 Administration (FHWA), and then to provides exceptions to its notice and
FMCSA. The FMCSA Administrator has comment rulemaking procedures when
RIN 2126–AC06 the Agency finds there is good cause to
been delegated authority under 49 CFR
General Technical, Organizational, 1.87 to carry out the motor carrier dispense with them, and incorporates
Conforming, and Correcting functions vested in the Secretary of the finding and a brief statement of
Amendments to the Federal Motor Transportation. reasons therefore in the rules issued.
Between 1984 and 1999, a number of Generally, good cause exists when the
Carrier Safety Regulations
statutes added to FHWA’s authority. Agency determines that notice and
AGENCY: Federal Motor Carrier Safety Various statutes authorize the public procedures are impractical,
Administration (FMCSA), DOT. enforcement of the FMCSRs, the unnecessary, or contrary to the public
ACTION: Final rule. Hazardous Materials Regulations interest (5 U.S.C. 553(b)(3)(B)). The
(HMRs), and the Commercial amendments made in this final rule
SUMMARY: FMCSA amends its Regulations, and provide both civil and merely correct inadvertent errors and
regulations by making technical criminal penalties for violations of these omissions, remove or update obsolete
corrections throughout the Federal requirements. These statutes include the references, ensure conformity with
Motor Carrier Safety Regulations. The Motor Carrier Safety Act of 1984 Office of the Federal Register style
Agency makes minor changes to correct (MCSA) (Pub. L. 98–554, 98 Stat. 2832, guidelines, and make minor changes to
inadvertent errors and omissions, Oct. 30, 1984), codified at 49 U.S.C. improve clarity and consistency. The
remove or update obsolete references, chapter 311, subchapter III; the technical amendments do not impose
ensure conformity with Office of the Commercial Motor Vehicle Safety Act of any material new requirements or
Federal Register style guidelines, and 1986 (Pub. L. 99–570, 100 Stat. 3207– increase compliance obligations. For
improve the clarity and consistency of 170, Oct. 27, 1986), codified at 49 U.S.C. these reasons, FMCSA finds good cause
certain regulatory provisions. chapter 313; the Hazardous Materials that notice and public comment on this
DATES: This rule is effective June 18, Transportation Uniform Safety Act of final rule are unnecessary.
2018. 1990, as amended (Pub. L. 101–615, 104 The APA also allows agencies to make
Stat. 3244, Nov. 16, 1990), codified at 49 rules effective immediately with good
FOR FURTHER INFORMATION CONTACT: Mr. U.S.C. chapter 51; and the ICC cause (5 U.S.C. 553(d)(3)), instead of
David Miller, Federal Motor Carrier Termination Act of 1995 (ICCTA) (Pub. requiring publication 30 days prior to
Safety Administration, Regulatory L. 104–88, 109 Stat. 803, Dec. 29, 1995), the effective date. For the reasons
Development Division, 1200 New Jersey codified at 49 U.S.C. chapters 131–149. already stated, FMCSA finds there is
Avenue SE, Washington, DC 20590– The Motor Carrier Safety good cause for this rule to be effective
0001, by telephone at (202) 366–5370 or Improvement Act of 1999 (MCSIA) (Pub. immediately.
via email at david.miller@dot.gov. Office L. 106–159, 113 Stat. 1748, Dec. 9, 1999) FMCSA is aware of the regulatory
hours are from 9:00 a.m. to 5:00 p.m. established FMCSA as a new operating requirements concerning public
e.t., Monday through Friday, except administration within DOT, effective participation in FMCSA rulemaking (49
Federal holidays. January 1, 2000. The motor carrier safety U.S.C. 31136(g)). These requirements
SUPPLEMENTARY INFORMATION: responsibilities previously assigned to pertain to certain major rules,1 but,
both the ICC and FHWA are now because this final rule is not a major
I. Legal Basis for the Rulemaking
assigned to FMCSA. rule, they are not applicable. In any
Congress delegated certain powers to Congress expanded, modified, and event, the Agency finds that publication
regulate interstate commerce to the amended FMCSA’s authority in the of an advance notice of proposed
United States Department of Uniting and Strengthening America by rulemaking under 49 U.S.C.
Transportation (DOT or Department) in Providing Appropriate Tools Required
numerous pieces of legislation, most to Intercept and Obstruct Terrorism 1 A ‘‘major rule’’ means any rule that the
notably in section 6 of the Department (USA PATRIOT) Act of 2001 (Pub. L. Administrator of the Office of Information and
of Transportation Act (DOT Act) (Pub. 107–56, 115 Stat. 272, Oct. 26, 2001); Regulatory Affairs of the Office of Management and
Budget finds has resulted in or is likely to result
L. 89–670, 80 Stat. 931, Oct. 15, 1966). the Safe, Accountable, Flexible, in (a) an annual effect on the economy of $100
Section 6 of the DOT Act transferred to Efficient Transportation Equity Act: A million or more; (b) a major increase in costs or
the Department the authority of the Legacy for Users (SAFETEA–LU) (Pub. prices for consumers, individual industries,
former Interstate Commerce L. 109–59, 119 Stat. 1144, Aug. 10, Federal, State, or local government agencies, or
geographic regions; or (c) significant adverse effects
Commission (ICC) to regulate the 2005); the SAFETEA–LU Technical
amozie on DSK3GDR082PROD with RULES
on competition, employment, investment,
qualifications and maximum hours-of- Corrections Act of 2008 (Pub. L. 110– productivity, innovation, or on the ability of United
service of employees, the safety of 244, 122 Stat. 1572, June 6, 2008); the States-based enterprises to compete with foreign-
operations, and the equipment of motor Moving Ahead for Progress in the 21st based enterprises in domestic and export markets
5 U.S.C. 804(2)). Exception: The term ‘‘major rule’’
carriers in interstate commerce. This Century Act (MAP–21) (Pub. L. 112– does not include any rule promulgated under the
authority, first granted to the ICC in the 141, 126 Stat. 405, July 6, 2012); and the Telecommunications Act of 1996 and the
Motor Carrier Act of 1935 (Pub. L. 74– Fixing America’s Surface Transportation amendments made by that Act.
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Section 380.303 Substitute for Appendix B to Part 380—Class B—CDL 88803), this final rule inadvertently
Instructor Requirements Training Curriculum added a new paragraph (j) to § 384.301.
FMCSA corrects the references to FMCSA corrects Appendix B by Because there was an existing paragraph
‘‘appendix’’ in paragraph (a) to read changing a heading, incorrectly (j), the Office of the Federal Register
‘‘Appendix F.’’ On December 8, 2016 numbered as ‘‘Unit 1.3,’’ to correctly could not make that addition. To correct
(81 FR 88794), FMCSA redesignated the read ‘‘Unit B1.1.3 Pre- and Post-Trip that mistake, FMCSA adds the
existing appendix to part 380 as Inspections.’’ Appendix B to Part 380 paragraph as § 384.301(k).
Appendix F, but failed to correct all the was added December 8, 2016 (81 FR I. Part 385
cross references to the appendix. 88797).
Section 385.203 What are the
Subpart E—Entry-Level Driver Training F. Part 382 requirements to obtain and maintain
Requirements Before February 7, 2020 certification?
Section 382.403 Reporting of Results
FMCSA changes the heading of in a Management Information System
subpart E of part 380 to read: ‘‘Subpart In paragraph (c), FMCSA corrects the
E—Entry-Level Driver Training In § 382.403(e), FMCSA adds the address where the public may obtain
Requirements Before February 7, 2020.’’ phrase ‘‘as defined in 49 CFR 382.107.’’ hard copies of its training, performance,
On December 8, 2016 (81 FR 88790), FMCSA wants to clarify that and maintenance of certification/
FMCSA attempted to change the ‘‘Designated employer representative’’ is qualification requirements.
heading of subpart E of part 380; a specific term defined in § 382.107.
Appendix B to Part 385—Explanation of
however, the Office of the Federal G. Part 383 Safety Rating Process
Register could not incorporate the
amendment into the CFR due to an Section 383.5 Definitions FMCSA corrects Appendix B to Part
inaccurate amendatory instruction. This In § 383.5, FMCSA changes the 385 by updating the section citations
corrects that error. The sections of definition of ‘‘Conviction’’ to correct the and text relating to §§ 382.309 and
subpart E, §§ 380.501 to 380.513, were last word of the entry to read 382.605 in section VII, List of Acute and
not modified by that rulemaking. ‘‘probated,’’ rather than ‘‘prorated,’’ to Critical Regulations. On December 19,
correct an error introduced in an 2000, the Department revised its drug
Section 380.605 Definitions
October 2, 2014 technical amendment and alcohol testing regulations set forth
FMCSA reorganizes § 380.605 to make (79 FR 59451, 59455–56). FHWA in 49 CFR part 40 (65 FR 79462). On
the numbering conform to the style published its revised definition of August 17, 2001, FMCSA amended its
required by the Office of the Federal ‘‘Conviction’’ on October 4, 1988 (53 FR drug testing rules in 49 CFR part 382 to
Register using Arabic numbers rather 39050). It was based on Section 6–205(c) conform to the new requirements
than the small Roman numerals used in of the Uniform Vehicle Code [1987] as contained in part 40. FMCSA explained
the December 8, 2016 (81 FR 88790–91), adopted by the Legal Services that employers and employees affected
final rule. The Office of the Federal Committee of AAMVA, and read: by part 382 have always been required
Register recommends to not designate ‘‘Conviction means . . . regardless of to adhere to parts 40 and 382 to comply
paragraphs and introductory phrases, whether or not the penalty is rebated, with FMCSA’s drug and alcohol testing
such as was used for (a) and (b) on page suspended, or probated.’’ requirements. The rule referred the
88790. FMCSA has removed paragraph reader directly to part 40 instead of
designations (a) and (b), so that the Section 383.23 Commercial Driver’s duplicating part 40 rule text in part 382
information is now in an undesignated License to promote drafting economy and
introductory paragraph. FMCSA amends footnote 1 to consistency of interpretation (66 FR
In the definitions for ‘‘Behind-the- § 383.23(b)(1). The commercial drivers’ 43097). As such, the rule removed all
wheel (BTW) instructor,’’ and ‘‘Theory license reciprocity memorandum of the prior text from §§ 382.309 and
instructor,’’ FMCSA also amends the understanding (MOU) between the 382.605 and, instead, incorporated by
paragraphs that begin ‘‘Exception,’’ to United States and Mexico was amended reference the appropriate provisions of
show that they are actually applicable to effective January 19, 2017; therefore, part 40 (66 FR 43109, 43113). The
subordinate paragraphs (1) and (2), not FMCSA updates the footnote to reflect references to §§ 382.309 and 382.605 in
just subordinate paragraph (2). The the date of the amended MOU. section VII, however, were not updated
Agency inadvertently made this error to reflect the revised section citations or
when these two definitions were added, Section 383.73 State Procedures direct the reader to the applicable
but the preamble to the December 8, FMCSA changes § 383.73(b)(8) by provisions in part 40. The following
2016, final rule made this fact clear at removing a cross reference to changes correct those errors.
81 FR 88775. § 383.71(b)(1)(i). This corrects a Paragraphs (a) and (b) of § 382.309 are
Section 380.713 Instructor typographical error that was deleted and replaced by a new § 382.309
Requirements inadvertently and incorrectly added to that combines the return-to-duty testing
the paragraph. provisions set forth previously in
FMCSA revises § 380.713 to correct
several grammatical errors. No H. Part 384 paragraphs (a) and (b) and directs the
substantive changes are made. reader to their location in part 40.
Section 384.301 Substantial Paragraph (c)(1) of § 382.605 is deleted
Appendix A to Part 380—Class A—CDL Compliance—General Requirements because it is duplicates the
Training Curriculum FMCSA adds a new paragraph (k) to requirements of § 382.309. Paragraph
amozie on DSK3GDR082PROD with RULES
FMCSA corrects Units A1.2.7 and § 384.301 to provide the date a State (c)(2)(ii) of § 382.605 is deleted and
A1.5.6 by removing small, typographical must come into substantial compliance replaced with a new citation for
errors and grammatical mistakes. with the provisions of the Minimum § 382.605 that sets forth the provisions
FMCSA added Appendix A as part of Training Requirements for Entry-Level previously in paragraph (c)(2)(ii) and
the entry-level driver training rule on Commercial Motor Vehicle Operators directs the reader to their location in 49
December 8, 2016 (81 FR 88794). rule. On December 8, 2016 (81 FR CFR part 40.
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Management and Budget (OMB) has not C. Regulatory Flexibility Act Ombudsman evaluates these actions
reviewed it under that Order. It is also The Regulatory Flexibility Act of 1980 annually and rates each agency’s
not significant within the meaning of (5 U.S.C. 601 et seq.) requires Federal responsiveness to small business. If you
DOT regulatory policies and procedures agencies to consider the effects of the wish to comment on actions by
(DOT Order 2100.5, dated May 22, 1980; regulatory action on small business and employees of FMCSA, call 1–888–REG–
44 FR 11034, Feb. 26, 1979). This final other small entities and to minimize any FAIR (1–888–734–3247). DOT has a
rule makes changes to correct inaccurate significant economic impact. The term policy regarding the rights of small
references and citations, improve ‘‘small entities’’ comprises small entities to regulatory enforcement
clarity, and fix errors. None of the businesses and not-for-profit fairness and an explicit policy against
changes in this final rule impose organizations that are independently retaliation for exercising these rights.
material new requirements or increase owned and operated and are not
compliance obligations; therefore, this E. Unfunded Mandates Reform Act of
dominant in their fields, and 1995
final rule imposes no new costs and a governmental jurisdictions with
full regulatory evaluation is populations of less than 50,000.5 The Unfunded Mandates Reform Act
unnecessary. Accordingly, DOT policy requires an of 1995 (2 U.S.C. 1531–1538) requires
B. E.O. 13771 (Reducing Regulation and analysis of the impact of all regulations Federal agencies to assess the effects of
Controlling Regulatory Costs) on small entities, and mandates that their discretionary regulatory actions. In
agencies strive to lessen any adverse particular, the Act addresses actions
E.O. 13771 (82 FR 9339, Feb. 3, 2017), that may result in the expenditure by a
effects on these businesses. Under the
Reducing Regulation and Controlling State, local, or tribal government, in the
Regulatory Flexibility Act, as amended
Regulatory Costs, requires that, for aggregate, or by the private sector of
by the Small Business Regulatory
‘‘every one new [E.O. 13771 regulatory $156 million (which is the value
Enforcement Fairness Act of 1996 (Pub.
action] issued, at least two prior equivalent of $100,000,000 in 1995,
L. 104–121, 110 Stat. 857), this final rule
regulations be identified for elimination, adjusted for inflation to 2015 levels) or
is not expected to have a significant
and that the cost of planned regulations
economic impact on a substantial more in any 1 year. This final rule will
be prudently managed and controlled
number of small entities. This final rule not result in such an expenditure.
through a budgeting process.’’
Implementation guidance for E.O. makes changes to correct inaccurate
F. Paperwork Reduction Act (Collection
13771 issued by OMB on April 5, 2017, references and citations, improve
of Information)
defines two different types of E.O. clarity, and fix errors. None of the
13771 actions: an E.O. 13771 changes in this final rule impose Under the Paperwork Reduction Act
deregulatory action, and an E.O. 13771 material new requirements or increase of 1995 (PRA) (44 U.S.C. 3501 et seq.),
regulatory action.4 compliance obligations; therefore, the Federal agencies must obtain approval
An E.O. 13771 deregulatory action is final rule is not expected to have a from OMB for each collection of
defined as ‘‘an action that has been significant economic impact on a information they conduct, sponsor, or
finalized and has total costs less than substantial number of small entities. require through regulations. FMCSA
zero.’’ This rulemaking has total costs Consequently, I certify the action will determined that no new information
equal to zero, and therefore is not an not have a significant economic impact collection requirements are associated
E.O. 13771 deregulatory action. on a substantial number of small with this final rule, nor are there any
An E.O. 13771 regulatory action is entities. revisions to existing, approved
defined as: D. Assistance for Small Entities collections of information. Therefore,
(i) A significant action as defined in the PRA does not apply to this final
In accordance with section 213(a) of rule.
section 3(f) of E.O. 12866 that has been
the Small Business Regulatory
finalized, and that imposes total costs G. E.O. 13132 (Federalism)
Enforcement Fairness Act of 1996,
greater than zero; or
(ii) a significant guidance document FMCSA wants to assist small entities in A rule has implications for federalism
(e.g., significant interpretive guidance) understanding this final rule so that under section 1(a) of E.O. 13132 if it has
reviewed by OIRA under the procedures they can better evaluate its effects and ‘‘substantial direct effects on the States,
of E.O. 12866 that has been finalized participate in the rulemaking initiative. on the relationship between the national
and that imposes total costs greater than If the final rule will affect your small government and the States, or on the
zero. business, organization, or governmental distribution of power and
The Agency action, in this case a jurisdiction and you have questions responsibilities among the various
rulemaking, must meet both the concerning its provisions or options for levels of government.’’ FMCSA has
significance and the total cost criteria to compliance; please consult the FMCSA determined that this rule would not
be considered an E.O. 13771 regulatory point of contact, David Miller, listed in have substantial direct costs on or for
action. This rulemaking is not a the FOR FURTHER INFORMATION CONTACT States, nor would it limit the
significant regulatory action as defined section of this final rule. policymaking discretion of States.
in section 3(f) of E.O. 12866, and Small businesses may send comments
Nothing in this document preempts any
therefore does not meet the significance on the actions of Federal employees
State law or regulation. Therefore, this
criterion for being an E.O. 13771 who enforce or otherwise determine
rule does not have sufficient federalism
regulatory action. Consequently, this compliance with Federal regulations to
implications to warrant the preparation
rulemaking is not an E.O. 13771 the Small Business Administration’s
of a Federalism Impact Statement.
regulatory action and no further action Small Business and Agriculture
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under E.O. 13771 is required. Regulatory Enforcement Ombudsman H. E.O. 12988 (Civil Justice Reform)
and the Regional Small Business
This final rule meets applicable
4 ExecutiveOffice of the President. Office of Regulatory Fairness Boards. The
standards in sections 3(a) and 3(b) (2) of
Management and Budget. Guidance Implementing
Executive Order 13771, Titled ‘‘Reducing 5 Regulatory Flexibility Act (5 U.S.C. 601 et seq.) E.O. 12988, Civil Justice Reform, to
Regulation and Controlling Regulatory Costs.’’ see National Archives at http://www.archives.gov/ minimize litigation, eliminate
Memorandum M–17–21. April 5, 2017. federal-register/laws. ambiguity, and reduce burden.
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49 CFR Part 384 ■ 2. Amend § 350.105 by adding a Office of Registration and Safety
Administrative practice and definition for ‘‘New Entrant Safety Information (MC–RS):
procedure, Alcohol abuse, Drug abuse, Audits’’ in alphabetical order to read as * * * * *
Highway safety, Motor carriers. follows: (e) * * *
§ 350.105 What definitions are used in this (2) * * *
49 CFR Part 385
part? (i) When to request. At the time that
Administrative practice and a filing is submitted to the Federal
* * * * *
procedure, Highway safety, Mexico, Motor Carrier Safety Administration the
New entrant safety audits means the
Motor carriers, Motor vehicle safety, applicant may request a waiver or
safety audits of interstate, and, at the
Reporting and recordkeeping reduction of the fee prescribed in this
State’s discretion, intrastate, new
requirements. part. Such request should be addressed
entrant motor carriers under 49 U.S.C.
49 CFR Part 387 31144(g) that are required as a condition to the Director, Office of Registration
of MCSAP eligibility under § 350.201(z). and Safety Information (MC–RS).
Buses, Freight, Freight forwarders,
Hazardous materials transportation, * * * * * * * * * *
Highway safety, Insurance, (iii) Federal Motor Carrier Safety
§ 350.335 [Amended] Administration action. The Director,
Intergovernmental relations, Motor
carriers, Motor vehicle safety, Moving of ■ 3. Amend § 350.335(a) introductory Office of Registration and Safety
household goods, Penalties, Reporting text by removing the reference to ‘‘49 Information (MC–RS), will notify the
and recordkeeping requirements, Surety CFR 320.215’’ and adding in its place a applicant of the decision to grant or
bonds. reference to ‘‘49 CFR 350.215’’. deny the request for waiver or
reduction.
49 CFR Part 390 PART 360—FEES FOR MOTOR * * * * *
Highway safety, Intermodal CARRIER REGISTRATION AND
transportation, Motor carriers, Motor INSURANCE PART 365—RULES GOVERNING
vehicle safety, Reporting and APPLICATIONS FOR OPERATING
recordkeeping requirements. ■ 4. The authority citation for part 360 AUTHORITY
continues to read as follows:
49 CFR Part 393 ■ 7. The authority citation for part 365
Authority: 31 U.S.C. 9701; 49 U.S.C.
Highway safety, Motor carriers, Motor 13908; and 49 CFR 1.87. continues to read as follows:
vehicle safety. Authority: 5 U.S.C. 553 and 559; 49 U.S.C.
■ 5. Amend § 360.1T by revising
49 CFR Part 395 13101, 13301, 13901–13906, 13908, 14708,
paragraphs (a) and (d)(2) to read as 31133, 31138, and 31144; 49 CFR 1.87.
Highway safety, Motor carriers, follows:
Reporting and recordkeeping ■ 8. Amend § 365.403T by revising
§ 360.1T Fees for registration-related paragraph (a) to read as follows:
requirements. services.
49 CFR Part 396 * * * * * § 365.403T Definitions.
Highway safety, Motor carriers, Motor (a) Certificate of the Director, Office of * * * * *
vehicle safety, Reporting and Registration and Safety Information (a) Transfer. (1) Transfers include all
recordkeeping requirements. (MC–RS), as to the authenticity of transactions (i.e., the sale or lease of
documents, $9.00; interstate operating rights, or the merger
49 CFR Part 397 * * * * * of two or more carriers or a carrier into
Administrative practice and (d) * * * a noncarrier) subject to 49 U.S.C. 10926,
procedure, Hazardous materials (2) The fee for computer searches will as well as the sale of property brokers’
transportation, Highway safety, be set at the current rate for computer licenses under 49 U.S.C. 10321.
Intergovernmental relations, Motor service. Information on those charges (2) The execution of a chattel
carriers, Parking, Radioactive materials, can be obtained from the Office of mortgage, deed of trust, or other similar
Reporting and recordkeeping Registration and Safety Information document does not constitute a transfer
requirements, Rubber and rubber (MC–RS). or require FMCSA’s approval. However,
products. * * * * * a foreclosure for the purpose of
transferring an operating right to satisfy
49 CFR Part 398 ■ 6. Amend § 360.3T by revising
a judgment or claim against the record
Highway safety, Migrant labor, Motor paragraphs (a)(2) introductory text, holder may not be effected without
carriers, Motor vehicle safety, Reporting (a)(2)(iii) introductory text, and (e)(2)(i) approval of FMCSA.
and recordkeeping requirements. and (iii), to read as follows:
* * * * *
In consideration of the foregoing, § 360.3T Filing fees.
FMCSA amends 49 CFR chapter III as PART 373—RECEIPTS AND BILLS
(a)* * *
set forth below: (2) Billing account procedure. A ■ 9. The authority citation for part 373
PART 350—MOTOR CARRIER SAFETY written request must be submitted to the continues to read as follows:
ASSISTANCE PROGRAM AND HIGH Office of Registration and Safety
Information (MC–RS) to establish an Authority: 49 U.S.C. 13301, 13531 and
PRIORITY PROGRAM
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14706; and 49 CFR 1.87.
insurance service fee account.
■ 1. The authority citation for part 350 * * * * * ■ 10. Amend § 373.103 as follows:
is revised to read as follows: (iii) An account holder who files a ■ a. Withdraw the amendments to
Authority: 49 U.S.C. 13902, 31101–31104, petition in bankruptcy or who is the § 373.103 published April 16, 2018, at
31108, 31136, 31141, 31161, 31310–31311, subject of a bankruptcy proceeding must 83 FR 16224.
31502; and 49 CFR 1.87. provide the following information to the ■ b. Revise § 373.103 to read as follows:
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§ 373.103 For-hire, non-exempt expense (x) Itemized charges for Subpart E—Entry-Level Driver Training
bills. transportation, including special Requirements Before February 7, 2020
(a) Property. (1) Every for-hire, non- services and fees.
exempt motor carrier of property shall (xi) Total charges assessed and ■ 18. Revise the heading of subpart E to
issue a freight or expense bill for each collected. read as set forth above.
shipment transported containing the (2) The carrier shall keep a copy of all ■ 19. Revise § 380.605 to read as
following information: expense bills issued for the period follows:
(i) Names of consignor and consignee prescribed at 49 CFR part 379. If any
(except on a reconsigned shipment, not expense bill is spoiled, voided, or § 380.605 Definitions.
the name of the original consignor). unused for any reason, a copy or written The definitions in parts 383 and 384
(ii) Date of shipment. record of its disposition shall be of this subchapter apply to this subpart,
(iii) Origin and destination points retained for a like period. except as stated below. As used in this
(except on a reconsigned shipment, not subpart:
the original shipping point unless the PART 380—SPECIAL TRAINING Behind-the-wheel (BTW) instructor
final consignee pays the charges from REQUIREMENTS means an individual who provides BTW
that point). training involving the actual operation
(iv) Number of packages. ■ 11. The authority citation for part 380 of a CMV by an entry-level driver on a
(v) Description of freight. is revised to read as follows: range or a public road and meets one of
(vi) Weight, volume, or measurement Authority: 49 U.S.C. 31133, 31136, 31305, these qualifications:
of freight (if applicable to the rating of 31307, 31308, and 31502; sec. 4007(a) and (b) (1) Holds a CDL of the same (or
the freight). of Pub. L. 102–240, 105 Stat. 1914, 2151; sec. higher) class and with all endorsements
(vii) Exact rate(s) assessed. 32304 of Pub. L. 112–141, 126 Stat. 405, 791; necessary to operate the CMV for which
(viii) Total charges due, including the and 49 CFR 1.87. training is to be provided and has at
nature and amount of any charges for § 380.107 [Amended] least 2 years of experience driving a
special service and the points at which CMV requiring a CDL of the same or
such service was rendered. ■ 12. Amend § 380.107(a) by removing higher class and/or the same
(ix) Route of movement and name of the phrase ‘‘the appendix to this part’’ endorsement and meets all applicable
each carrier participating in the and adding in its place the phrase State qualification requirements for
transportation. ‘‘Appendix F to this part’’. CMV instructors; or
(x) Transfer point(s) through which (2) Holds a CDL of the same (or
§ 380.109 [Amended]
shipment moved. higher) class and with all endorsements
(xi) Address where remittance must ■ 13. Amend § 380.109 as follows: necessary to operate the CMV for which
be made or address of bill issuer’s ■ a. In paragraphs (a)(1), (a)(5), (a)(6), training is to be provided and has at
principal place of business. and (a)(7), remove the phrase ‘‘the least 2 years of experience as a BTW
(2) The shipper or receiver owing the appendix to this part’’ wherever it CMV instructor and meets all applicable
charges shall be given the freight or occurs and add in its place the phrase State qualification requirements for
expense bill and the carrier shall keep ‘‘Appendix F to this part’’; and CMV instructors.
a copy as prescribed at 49 CFR part 379. ■ b. Remove paragraph (d). Exception applicable to paragraphs
If the bill is electronically transmitted (1) and (2) of this definition: A BTW
(when agreed to by the carrier and § 380.201 [Amended] instructor who provides training solely
payor), a receipted copy shall be given ■ 14. Amend § 380.201 as follows: on a range which is not a public road
to the payor upon payment. is not required to hold a CDL of the
■ a. In paragraph (a) introductory text,
(b) Charter transportation of same (or higher) class and with all
remove the phrase ‘‘the appendix to this
passenger service. (1) Every for-hire, endorsements necessary to operate the
part’’ and add in its place the phrase
non-exempt motor carrier providing CMV for which training is to be
‘‘Appendix F to this part’’; and
charter transportation of passenger provided, as long as the instructor
service shall issue an expense bill ■ b. In paragraph (b), remove the phrase
previously held a CDL of the same (or
containing the following information: ‘‘the appendix to this part’’ and add in higher) class and with all endorsements
(i) Serial number, consisting of one of its place the phrase ‘‘Appendix F to this necessary to operate the CMV for which
a series of consecutive numbers part’’. training is to be provided, and complies
assigned in advance and imprinted on § 380.203 [Amended] with the other requirements set forth in
the bill. paragraphs (1) or (2) of this definition.
(ii) Name of carrier. ■ 15. Amend § 380.203(b) by removing (3) If an instructor’s CDL has been
(iii) Names of payor and organization, the phrase ‘‘the appendix to this part’’ cancelled, suspended, or revoked due to
if any, for which transportation is and adding in its place the phrase any of the disqualifying offenses
performed. ‘‘Appendix F to this part’’. identified in § 383.51 of this subchapter,
(iv) Date(s) transportation was § 380.205 [Amended] the instructor is prohibited from
performed. engaging in BTW instruction for 2 years
(v) Origin, destination, and general ■ 16. Amend § 380.205(b) by removing following the date his or her CDL is
routing of trip. the phrase ‘‘the appendix to this part’’ reinstated.
(vi) Identification and seating capacity and adding in its place the phrase Behind-the-wheel (BTW) public road
of each vehicle used. ‘‘Appendix F to this part’’. training means training provided by a
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(vii) Number of persons transported. BTW instructor when an entry-level
§ 380.303 [Amended]
(viii) Mileage upon which charges are driver has actual control of the power
based, including any deadhead mileage, ■ 17. Amend § 380.303(a) by removing unit during a driving lesson conducted
separately noted. the phrase ‘‘the appendix to this part’’ on a public road. BTW public road
(ix) Applicable rates per mile, hour, and adding in its place the phrase training does not include the time that
day, or other unit. ‘‘Appendix F to this part’’. an entry-level driver spends observing
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the operation of a CMV when he or she (2) Holds a CDL of the same (or adding in its place a heading that reads
is not in control of the vehicle. higher) class and with all endorsements ‘‘Unit B1.1.3 Pre- and Post-Trip
Behind-the-wheel (BTW) range necessary to operate the CMV for which Inspections’’.
training means training provided by a training is to be provided and has at
BTW instructor when an entry-level least 2 years of experience as a BTW PART 382—CONTROLLED
driver has actual control of the power CMV instructor and meets all applicable SUBSTANCES ALCOHOL USE AND
unit during a driving lesson conducted State qualification requirements for TESTING
on a range. BTW range training does not CMV instructors.
include time an entry-level driver ■ 23. The authority citation for part 382
Exceptions applicable to paragraphs
spends observing the operation of a continues to read as follows:
(1) and (2) of this definition:
CMV when he or she is not in control 1. An instructor is not required to Authority: 49 U.S.C. 31133, 31136, 31301
of the vehicle. hold a CDL of the same (or higher) class et seq., 31502; sec. 32934 of Pub. L. 112–141,
Entry-level driver means an individual 126 Stat. 405, 830; and 49 CFR 1.87.
and with all endorsements necessary to
who must complete the CDL skills test operate the CMV for which training is § 382.403 [Amended]
requirements under § 383.71 of this to be provided, if the instructor
subchapter prior to receiving a CDL for ■ 24. Amend § 382.403(e) by adding
previously held a CDL of the same (or
the first time, upgrading to a Class A or within the parentheses the phrase ‘‘as
higher) class and complies with the
Class B CDL, or obtaining a hazardous defined in § 382.107’’ after the phrase
other requirements set forth in
materials, passenger, or school bus ‘‘Designated employer representative’’
paragraphs (1) or (2) of this definition.
endorsement for the first time. This in the second sentence.
2. Training providers offering online
definition does not include individuals content exclusively are not required to PART 383—COMMERCIAL DRIVER’S
for whom States waive the CDL skills meet State qualification requirements LICENSE STANDARDS;
test under § 383.77 or individuals for theory instructors. REQUIREMENTS AND PENALTIES
seeking to remove a restriction in (3) If an instructor’s CDL has been
accordance with § 383.135(b)(7) of this cancelled, suspended, or revoked due to ■ 25. The authority citation for part 383
subchapter. any of the disqualifying offenses continues to read as follows:
Entry-level driver training means identified in § 383.51 of this subchapter, Authority: 49 U.S.C. 521, 31136, 31301 et
training an entry-level driver receives the instructor is prohibited from seq., and 31502; secs. 214 and 215 of Pub. L.
from an entity listed on FMCSA’s engaging in theory instruction for 2 106–159, 113 Stat. 1748, 1766, 1767; sec.
Training Provider Registry prior to: years following the date his or her CDL 1012(b) of Pub. L. 107–56, 115 Stat. 272, 297,
(1) Taking the CDL skills test required is reinstated. sec. 4140 of Pub. L. 109–59, 119 Stat. 1144,
to receive the Class A or Class B CDL Training provider means an entity 1746; sec. 32934 of Pub. L. 112–141, 126 stat.
for the first time; that is listed on the FMCSA Training 405, 830; and 49 CFR 1.87.
(2) Taking the CDL skills test required Provider Registry, as required by § 383.5 [Amended]
to upgrade to a Class A or Class B CDL; subpart G of this part. Training
or providers include, but are not limited ■ 26. Amend the definition of
(3) Taking the CDL skills test required to, training schools, educational ‘‘Conviction’’ in § 383.5 by removing the
to obtain a passenger and/or school bus institutions, rural electric cooperatives, word ‘‘prorated’’ and adding in its place
endorsement for the first time or the motor carriers, State/local governments, the word ‘‘probated’’.
CDL knowledge test required to obtain school districts, joint labor management ■ 27. Revise § 383.23(b)(1), including
a hazardous materials endorsement for programs, owner-operators, and footnote 1, to read as follows:
the first time. individuals.
Range means an area that must be free § 383.23 Commercial driver’s license.
of obstructions, enables the driver to ■ 20. Revise § 380.713 to read as * * * * *
maneuver safely and free from follows: (b) Exception. (1) If a CMV operator is
interference from other vehicles and not domiciled in a foreign jurisdiction
§ 380.713 Instructor requirements. that the Administrator has determined
hazards, and has adequate sight lines.
Theory instruction means knowledge (a) Theory training providers must tests drivers and issues CDLs in
instruction on the operation of a CMV utilize instructors who are theory accordance with, or under standards
and related matters provided by a theory instructors as defined in § 380.605. similar to, the standards contained in
instructor through lectures, (b) BTW training providers must subparts F, G, and H of this part,1 the
demonstrations, audio-visual utilize instructors who are BTW person may obtain a Non-domiciled CLP
presentations, computer-based instructors as defined in § 380.605. or Non-domiciled CDL from a State that
instruction, driving simulation devices, Appendix A to Part 380 [Amended] does comply with the testing and
online training, or similar means. licensing standards contained in such
Theory instructor means an ■ 21. Amend Appendix A to Part 380 as subparts F, G, and H of this part, so long
individual who provides knowledge follows: as that person meets the requirements of
instruction on the operation of a CMV ■ a. In the second sentence of Unit § 383.71(f).
and meets one of these qualifications: A1.2.7, remove the word ‘‘provide’’ and 1 Effective December 29, 1988, the
(1) Holds a CDL of the same (or add in its place the word ‘‘provider’’; Administrator determined that
higher) class and with all endorsements and commercial driver’s licenses issued by
necessary to operate the CMV for which ■ b. In the first sentence of Unit A1.5.6, Canadian Provinces and Territories in
training is to be provided and has at remove the word ‘‘in’’ following the conformity with the Canadian National
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least 2 years of experience driving a words ‘‘driver-trainees.’’ Safety Code are in accordance with the
CMV requiring a CDL of the same (or Appendix B to Part 380 [Amended] standards of this part. Effective
higher) class and/or the same November 21, 1991, and as amended on
endorsement and meets all applicable ■ 22. Amend Appendix B to Part 380 by January 19, 2017, the Administrator
State qualification requirements for removing the heading that reads ‘‘Unit determined that the new Licencias
CMV instructors; or 1.3 Pre- and Post-Trip Inspections’’ and Federales de Conductor issued by the
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United Mexican States are in Professional Development and Training § 387.3 [Amended]
accordance with the standards of this Division (MC–MHT), 1310 N. ■ 35. Amend § 387.3(c) by removing the
part. Therefore, under the single license Courthouse Road, Suite 600, Arlington, word ‘‘part’’ and adding in its place the
provision of § 383.21, a driver holding a VA 22201. word ‘‘subpart’’ wherever it appears.
commercial driver’s license issued ■ 33. Amend Appendix B to Part 385,
under the Canadian National Safety ■ 36. Amend § 387.7 by revising
section VII. List of Acute and Critical
Code or a new Licencia Federal de Regulations as follows: paragraph (b)(3) to read as follows:
Conductor issued by Mexico is ■ a. By removing the entries for § 387.7 Financial responsibility required.
prohibited from obtaining a non- § 382.309(a) and § 382.309(b);
■ b. By adding an entry for § 382.309 in
* * * * *
domiciled CDL, or any other type of
numerical order; (b) * * *
driver’s license, from a State or other
jurisdiction in the United States. ■ c. By removing the entries for (3) Exception. (i) A Mexico-domiciled
§ 382.605(c)(1) and § 382.605(c)(2)(ii); motor carrier operating solely in
* * * * * municipalities in the United States on
■ d. By adding an entry for § 382.605 in
§ 383.73 [Amended] numerical order; the U.S.-Mexico international border or
■ e. By removing the entry for within the commercial zones of such
■ 28. Amend § 383.73(b)(8) by removing municipalities with a Certificate of
§ 395.8(e)(2);
the phrase ■ f. By adding an entry for § 395.8(e)(2) Registration issued under part 368 may
‘‘§§ 383.71(b)(1)(i)§ 383.71(b)(8) and or (3) in numerical order; meet the minimum financial
383.141’’ and adding in its place the ■ g. By removing the entry for responsibility requirements of this
phrase ‘‘§§ 383.71(b)(8) and 383.141’’. § 172.802(b); subpart by obtaining insurance
■ h. By removing the entry for coverage, in the required amounts, for
PART 384—STATE COMPLIANCE § 173.421(a); and
WITH COMMERCIAL DRIVER’S periods of 24 hours or longer, from
■ i. By adding an entry for § 173.421 in insurers that meet the requirements of
LICENSE PROGRAM numerical order. § 387.11.
The additions read as follows:
■ 29. The authority citation for part 384 (ii) A Mexican motor carrier so
is revised to read as follows: Appendix B to Part 385 [Amended] insured must have available for
Authority: 49 U.S.C. 31136, 31301 et seq., * * * * * inspection in each of its vehicles copies
and 31502; secs. 103 and 215 of Pub. L. 106– of the following documents:
159, 113 Stat. 1748, 1753, 1767; sec. 32934 § 382.309 Using a driver who has not (A) The Certificate of Registration;
of Pub. L. 112–141, 126 Stat. 405, 830; sec. undergone return-to-duty testing with a (B) The required insurance
5524 of Pub. L. 114–94, 129 Stat. 1312, 1560; negative drug test result and/or an alcohol
endorsement (Form MCS–90); and
and 49 CFR 1.87. test with an alcohol concentration of less
than 0.02 in accordance with 49 CFR 40.305 (C) An insurance identification card,
■ 30. Amend § 384.301 by adding (acute). binder, or other document issued by an
paragraph (k) to read as follows: * * * * * authorized insurer which specifies both
the effective date and the expiration
§ 384.301 Substantial compliance— § 382.605 Failing to subject a driver who date of the temporary insurance
general requirements. has been identified as needing assistance coverage authorized by this exception.
* * * * * to at least six unannounced follow-up drug (iii) Mexican motor carriers insured
(k) A State must come into substantial and/or alcohol tests in the first 12 months
under this exception are also exempt
compliance with the requirements of following the driver’s return-to-duty in
accordance with 49 CFR 40.307 (critical). from the notice of cancellation
subpart B of this part and part 383 of requirements stated on Form MCS–90.
this chapter in effect as of February 6, * * * * *
2017, but not later than February 7, * * * * *
§ 395.8(e)(2) or (3) Disabling, deactivating, ■ 37. Amend § 387.33 as follows:
2020. disengaging, jamming, or otherwise
blocking or degrading a signal transmission ■ a. Lift the suspension of the section;
PART 385—SAFETY FITNESS or reception; tampering with an automatic ■ b. Revise paragraph (a); and
PROCEDURES on-board recording device or ELD; or ■ c. Suspend § 387.33 indefinitely.
permitting or requiring another person to The revision reads as follows:
■ 31. The authority citation for part 385 engage in such activity (acute).
continues to read as follows: * * * * * § 387.33 Financial responsibility, minimum
Authority: 49 U.S.C. 113, 504, 521(b), levels.
5105(e), 5109, 5113, 13901–13905, 13908, § 173.421 Accepting for transportation or (a) General limits. Except as provided
31136, 31144, 31148, 31151, and 31502; Sec. transporting a Class 7 (radioactive) material
described, marked, and packaged as a
in § 387.27(b), the minimum levels of
350 of Pub. L. 107–87; and 49 CFR 1.87. financial responsibility referred to in
limited quantity when the radiation level on
■ 32. Amend § 385.203 by revising the surface of the package exceeds § 387.31 are prescribed as follows:
paragraph (c) to read as follows: 0.005mSv/hour (0.5 mrem/hour) (acute). SCHEDULE OF LIMITS
§ 385.203 What are the requirements to * * * * *
Public Liability
obtain and maintain certification?
PART 387—MINIMUM LEVELS OF For-hire motor carriers of passengers
* * * * * FINANCIAL RESPONSIBILITY FOR
(c) The requirements of paragraphs (a) operating in interstate or foreign
MOTOR CARRIERS commerce.
and (b) of this section for training,
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performance and maintenance of ■ 34. The authority citation for part 387 Vehicle seating capacity Minimum limits
certification/qualification, which are is revised to read as follows:
described on the FMCSA website Authority: 49 U.S.C. 13101, 13301, 13906, (1) Any vehicle with a seat-
(www.fmcsa.dot.gov), are also available 13908, 14701, 31138, and 31139; sec. 204(a), ing capacity of 16 pas-
in hard copy from the Federal Motor Pub. L. 104–88, 109 Stat. 803, 941; and 49 sengers or more, including
Carrier Safety Administration, CFR 1.87. the driver ........................... $5,000,000
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![Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Rules and Regulations 22877
Vehicle seating capacity Minimum limits § 387.303T [Amended] § 390.3T [Amended]
42. Amend § 387.303T by
■ ■ 46. Amend § 390.3T(a)(2) introductory
(2) Any vehicle with a seat- text by removing the phrase ‘‘rules in 49
redesignating the undesignated
ing capacity of 15 pas-
paragraph following (b)(4)(iii) as CFR 386.12(e) and 390.6’’ and adding in
sengers or less, including
the driver ........................... 1,500,000 paragraph (b)(5). its place the phrase ‘‘rules in 49 CFR
386.12(c) and 390.6’’.
§ 387.313 [Amended]
* * * * * ■ 47. Amend § 390.5 as follows:
■ 43. Amend § 387.313 as follows: ■ a. Lift the suspension of the section;
■ 38. Revise § 387.33T to read as
■ a. Lift the suspension of the section; ■ b. Revise the definition of
follows:
■ b. Redesignate paragraphs (a)(6)(1) ‘‘Conviction’’;
§ 387.33T Financial responsibility, ■ c. Amend the definition of ‘‘Covered
and (a)(6)(2) as paragraphs (a)(6)(i) and
minimum levels. (a)(6)(ii), respectively; and farm vehicle’’ by revising paragraph
Except as provided in § 387.27(b), the (1)(ii);
■ c. Suspend § 387.313 indefinitely.
minimum levels of financial ■ d. Revise the definitions of ‘‘Farm
responsibility referred to in § 387.31 are PART 390—FEDERAL MOTOR vehicle driver,’’ and ‘‘Farmer’’; and
■ e. Suspend § 390.5 indefinitely.
hereby prescribed as follows: CARRIER SAFETY REGULATIONS;
The revisions read as follows:
GENERAL
SCHEDULE OF LIMITS
§ 390.5 Definitions.
Public Liability ■ 44. The authority citation for part 390
* * * * *
For-hire motor carriers of passengers is revised to read as follows: Conviction means an unvacated
operating in interstate or foreign Authority: 49 U.S.C. 504, 508, 31132, adjudication of guilt, or a determination
commerce. 31133, 31134, 31136, 31137, 31144, 31149, that a person has violated or failed to
31151, 31502; sec. 114, Pub. L. 103–311, 108 comply with the law in a court of
Vehicle seating capacity Minimum limits Stat. 1673, 1677; secs. 212, 217, Pub. L. 106–
original jurisdiction or by an authorized
159, 113 Stat. 1748, 1766, 1767; sec. 229,
Pub. L. 106–159 (as added and transferred by administrative tribunal, an unvacated
(a) Any vehicle with a seat-
sec. 4115 and amended by secs. 4130–4132, forfeiture of bail or collateral deposited
ing capacity of 16 pas-
sengers or more, including Pub. L. 109–59, 119 Stat. 1144, 1726, 1743); to secure the person’s appearance in
the driver ........................... $5,000,000 sec. 4136, Pub. L. 109–59, 119 Stat. 1144, court, a plea of guilty or nolo
(b) Any vehicle with a seat- 1745; secs. 32101(d), 32934, Pub. L. 112–141, contendere accepted by the court, the
ing capacity of 15 pas- 126 Stat. 405, 778, 830; sec. 2, Pub. L. 113– payment of a fine or court cost, or
sengers or less, including 125, 128 Stat. 1388; secs. 5518, 5524, Pub. L. violation of a condition of release
the driver ........................... 1,500,000 114–94, 129 Stat. 1312, 1558, 1560; and 49 without bail, regardless of whether or
CFR 1.87.
not the penalty is rebated, suspended, or
■ 39. Amend § 387.301 as follows: ■ 45. Amend § 390.3 as follows: probated.
■ a. Lift the suspension of the section; ■ a. Lift the suspension of the section; Covered farm vehicle—
■ b. Amend paragraph (b) by revising ■ b. Revise paragraphs (i)(4) and (j)(3); (1) * * *
the last sentence of the paragraph; and ■ c. Add paragraph (l); and (ii) Operated by the owner or operator
■ c. Suspend § 387.301 indefinitely.
■ d. Suspend § 390.3 indefinitely. of a farm or ranch, or an employee or
The revision reads as follows: family member of an owner or operator
The revision and addition read as
of a farm or ranch;
§ 387.301 Surety bond, certificate of follows:
insurance, or other securities. * * * * *
§ 390.3 General applicability. Farm vehicle driver means a person
* * * * * who drives only a commercial motor
(b) * * * The terms ‘‘household * * * * *
(i) * * * vehicle that is—
goods motor carrier’’ and ‘‘individual (1) Controlled and operated by a
shipper’’ are defined in § 375.103 of this (4) Section 390.6, prohibiting the
coercion of drivers of commercial motor farmer as a private motor carrier of
subchapter. property;
vehicles operating in interstate
* * * * * (2) Being used to transport either—
commerce to violate certain safety
■ 40. Amend § 387.301T by revising the
regulations, and subpart E of this part, (i) Agricultural products, or
last sentence of paragraph (b) to read as (ii) Farm machinery, farm supplies, or
Unified Registration System.
follows: both, to or from a farm;
(j) * * * (3) Not being used in the operation of
§ 387.301T Surety bond, certificate of (3) Section 390.6, prohibiting the a for-hire motor carrier;
insurance, or other securities. coercion of drivers of commercial motor (4) Not carrying hazardous materials
* * * * * vehicles operating in interstate of a type or quantity that requires the
(b) * * * The terms ‘‘household commerce to violate certain safety commercial motor vehicle to be
goods motor carrier’’ and ‘‘individual regulations, and subpart E of this part, placarded in accordance with § 177.823
shipper’’ are defined in § 375.103 of this Unified Registration System. of this subtitle; and
subchapter. * * * * * (5) Being used within 150 air-miles of
* * * * * (l) Shippers, receivers, consignees, the farmer’s farm.
and transportation intermediaries. The Farmer means any person who
§ 387.303 [Amended] rules in 49 CFR 386.12(c) and 390.6 operates a farm or is directly involved
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■ 41. Amend § 387.303 as follows: prohibiting the coercion of drivers of in the cultivation of land, crops, or
■ a. Lift the suspension of the section; commercial motor vehicles operating in livestock which—
■ b. Redesignate the undesignated interstate commerce to violate certain (1) Are owned by that person; or
paragraph following (b)(4)(iii) as safety regulations are applicable to (2) Are under the direct control of that
paragraph (b)(5); and shippers, receivers, and transportation person.
■ c. Suspend § 387.303 indefinitely. intermediaries. * * * * *
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![Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Rules and Regulations 22879
Vehicle Examination Report’’ and is powered and receive automatically the (9) <CMV Power Unit Number>’’, and
deliver the copy of the form either engine’s power status, vehicle’s motion * * * * *
personally or by mail to the Division status, miles driven value, and engine hours
value through the serial or Control Area 7. * * *
Administrator or State Director Federal
Network communication protocols supported
Motor Carrier Safety Administration, at 7.14. ELD Authentication Value
by the engine ECM or the vehicle’s databus.
the address specified upon the form If the vehicle does not have an ECM, an ELD Description: An alphanumeric value that is
within 15 days following the date of may use alternative sources to obtain or unique to an ELD and verifies the
examination. If the motor carrier mails estimate these vehicle parameters with the authenticity of the given ELD.
the form, delivery is made on the date listed accuracy requirements under section Purpose: Provides ability to cross-check the
it is postmarked. 4.3.1 of this appendix. authenticity of an ELD used in the recording
* * * * * * * * * * of a driver’s records during inspections.
Source: ELD provider-assigned value;
■ 57. Amend Appendix A to Subpart B 4.3.1.2 * * * includes a certificate component and a
of Part 395 as follows: (b) If an ELD is required to have a link to hashed component; necessary information
■ a. Revise section 4.2(b); the vehicle’s engine ECM, vehicle speed related to authentication keys and hash
■ b. Revise section 4.3.1.2(b); information must be acquired from the procedures disclosed by the registered ELD
■ c. Revise section 4.3.1.3(b)(1); engine ECM or the vehicle’s databus. provider during the online ELD certification
■ d. Revise section 4.3.1.4(b); Otherwise, vehicle speed information must process for independent verification by
■ e. Revise section 4.3.1.7; be acquired using an independent source FMCSA systems. For example, an ELD
■ f. Revise section 4.4.5.1.1.(b)(9); apart from the positioning services described Authentication Value could be generated by
under section 4.3.1.6 of this appendix and creating a string that concatenates a
■ g. In section 4.8.1.3.(b), remove the
must be accurate within ±3 miles per hour of predetermined selection of values that will
phrase ‘‘ELD ID: [ELD Registration ID]’’
the CMV’s true ground speed for purposes of be included in the ELD Output File, signing
and add in its place the phrase ‘‘ELD ID: determining the in-motion state for the CMV. that string (using the ELD private key and a
[ELD Identifier]’’; predetermined hash algorithm), then using a
■ h. In section 4.8.2.1.6., remove the 4.3.1.3 * * *
binary-to-text encoding algorithm to encode
phrase ‘‘Driver’s Certification/ (b) * * * the signature into alphanumeric characters.
Recertification Actions: [CR]’’ and add (1) The ELD must monitor the odometer Used in: ELD outputs.
in its place the phrase ‘‘Driver’s message broadcast on the engine ECM or the Data Type: Calculated from the
Certification/Recertification Actions: vehicle’s databus and use it to log total authentication ELD provider’s private key not
[CR]’’; vehicle miles information; and provided to FMCSA but corresponding to the
■ i. Revise section 7.14; * * * * * ELD provider’s public key certificate and
■ j. Amend section 7.19 by revising the calculation procedure privately distributed
4.3.1.4 * * *
entry for ‘‘Disposition’’; by the ELD provider to FMCSA during the
(b) If an ELD is required to have a link to ELD registration process.
■ k. In section 7.20, revise table 6; the vehicle’s engine ECM, the ELD must Data Range: Alphanumeric combination.
■ l. Revise section 7.31; monitor the total engine hours message Data Length: Greater than 16 characters.
■ m. Revise section 7.33; and broadcast on the engine ECM or the vehicle’s Data Format: <CCCC. . . . . . . . .CCCC>.
■ n. Amend section 7.43 by revising the databus and use it to log total engine hours Disposition: Mandatory.
entry for ‘‘Disposition’’. information. Otherwise, engine hours must Example: [bGthamRrZmpha3NkamZsa2pz
The revised text reads as follows: be obtained or estimated from a source that ZGxma2phc2xka2Y7ajtza25rbCBucms7Y2 . . .
monitors the ignition power of the CMV and RuZHNudm5hc21kbnZBU0RGS0xKQVNM
Appendix A to Subpart B of Part 395— must be accurate within ±0.1 hour of the S0RKTEs7QVNKRDtGTEtBSlNERktMSk
Functional Specifications for All engine’s total operation within a given FEU0w7S1NESkZMSw==].
Electronic Logging Devices (ELDs) ignition power on cycle.
* * * * *
* * * * * * * * * *
7.19. * * *
4. Functional Requirements 4.3.1.7. CMV VIN
Disposition: Mandatory for any event
* * * * * The vehicle identification number (VIN) whose origin is the ELD or the unidentified
for the power unit of a CMV must be driver profile. For events created by the
4.2 * * * automatically obtained and recorded if it is driver or another authenticated user when
(b) An ELD used while operating a CMV available on the vehicle databus. engine hours are not available and cannot
that is a model year 2000 or later model year, * * * * * accurately be determined this field can be
as indicated by the vehicle identification blank.
number (VIN), that has an engine electronic 4.4.5.1.1 Event Checksum Calculation
* * * * *
control module (ECM) must establish a link * * * * *
to the engine ECM when the CMV’s engine (b) 7.20 * * *
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![Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Rules and Regulations 22881
§ 396.17 [Amended] NRHM routing designations that exist 701 note); sec. 212, Pub. L. 106–159, 113 Stat.
within its jurisdiction: 1748, 1766; and 49 CFR 1.87.
■ 59. Amend § 396.17 as follows:
■ a. In paragraph (d) remove the (i) Electronically, by email to ■ 65. Revise § 398.8 to read as follows:
reference to ‘‘§ 396.23(b)(1)’’ wherever it HMRouting@dot.gov; or
(ii) By mail to the Federal Motor § 398.8 Administration inspection of motor
appears and add in its place a reference vehicles in operation.
Carrier Safety Administration, Office of
to ‘‘§ 396.23(a)(1)’’; and
Enforcement and Compliance (MC–EC), (a) Administration personnel
■ b. In paragraph (f), remove the phrase
1200 New Jersey Ave. SE, Washington, authorized to perform inspections. All
‘‘State government or equivalent
DC 20590–0001. persons designated as Special Agents of
jurisdiction’’ and add in its place the (2) States and Indian tribes shall also
phrase ‘‘State government or equivalent the Federal Motor Carrier Safety
submit to FMCSA the current name of Administration, as detailed in Appendix
jurisdiction in the Canadian Provinces, the State or Indian tribal agency
the Yukon Territory, and Mexico’’. B of chapter III of this title, are
responsible for NHRM highway routing authorized to enter upon and perform
■ 60. Revise § 396.23 to read as follows: designations. The State or Indian tribe inspections of motor carrier’s vehicles
§ 396.23 Equivalent to periodic inspection.
shall include descriptions of these in operation.
routing designations, along with the (b) Prescribed inspection report. The
(a)(1) If a commercial motor vehicle is dates they were established. Information
subject to a mandatory inspection ‘‘Driver/Vehicle Examination Report’’
on any subsequent changes or new shall be used to record findings from
program that is determined by the NRHM routing designations shall be
Administrator to be as effective as motor vehicles selected for final
furnished within 60 days after inspection by authorized
§ 396.17, the motor carrier or intermodal establishment to the FMCSA.
equipment provider must meet the Administration employees.
(3)(i) FMCSA will consolidate (c) Motor vehicles declared ‘‘out of
requirement of § 396.17 through that information on the NRHM routing
inspection program. Commercial motor service.’’ (1) Authorized Administration
designations, make it available on its employees shall declare and mark ‘‘out
vehicle inspections may be conducted website, https://www.fmcsa.dot.gov/
by government personnel, at of service’’ any motor vehicle which by
regulations/hazardous-materials/ reason of its mechanical condition or
commercial facilities authorized by a national-hazardous-materials-route-
State government or equivalent loading is so imminently hazardous to
registry, and publish it annually in operate as to be likely to cause an
jurisdiction in the Canadian Provinces, whole or as updates in the Federal
the Yukon Territory, or Mexico, or by accident or a breakdown. The ‘‘Out of
Register. Service Vehicle’’ sticker shall be used to
the motor carrier or intermodal (ii) Each State or Indian tribe may also
equipment provider itself under the mark vehicles ‘‘out of service.’’
publish this information in its official (2) No motor carrier shall require or
auspices of a self-inspection program register of State or tribal regulations.
authorized by a State government or permit any person to operate nor shall
* * * * * any person operate any motor vehicle
equivalent jurisdiction in the Canadian
■ 63. Amend § 397.103 by revising declared and marked, ‘‘out of service’’
Provinces, the Yukon Territory, or
Mexico. paragraphs (c)(3) and (d) to read as until all repairs required by the ‘‘out of
(2) Should FMCSA determine that an follows: service notice’’ on the ‘‘Driver/Vehicle
inspection program, in whole or in part, Examination Report’’ have been
§ 397.103 Requirements for State routing
is not as effective as § 396.17, the motor designations.
satisfactorily completed. The term
carrier or intermodal equipment ‘‘operate’’ as used in this section shall
* * * * * include towing the vehicle; provided,
provider must ensure that the periodic (c) * * *
inspection required by § 396.17 is however, that vehicles marked ‘‘out of
(3) The route is published in
performed on all commercial motor service’’ may be towed away by means
FMCSA’s Hazardous Materials Route
vehicles under its control in a manner of a vehicle using a crane or hoist; and
Registry, available on the FMCSA
specified in § 396.17. provided further, that the vehicle
website, https://www.fmcsa.dot.gov/
(b) [Reserved] combination consisting of the
regulations/hazardous-materials/
emergency towing vehicle and the ‘‘out
national-hazardous-materials-route-
PART 397—TRANSPORTATION OF of service’’ vehicle meets the
registry.
HAZARDOUS MATERIALS; DRIVING (d) A list of State-designated preferred performance requirements of § 393.52 of
AND PARKING RULES routes and a copy of the ‘‘Guidelines for this subchapter.
Selecting Preferred Highway Routes for (3) No person shall remove the ‘‘Out
■ 61. The authority citation for part 397 Highway Route Controlled Quantity of Service Vehicle’’ sticker from any
continues to read as follows: Shipments of Radioactive Materials’’ are motor vehicle prior to completion of all
Authority: 49 U.S.C. 322; 49 CFR 1.87. available upon request to Federal Motor repairs required by the ‘‘out of service
Subpart A also issued under 49 U.S.C. 5103, Carrier Safety Administration, Office of notice’’ on the ‘‘Driver/Vehicle
31136, 31502, and 49 CFR 1.97. Subparts C, Enforcement and Compliance (MC–EC), Examination Report.’’
D, and E also issued under 49 U.S.C. 5112,
1200 New Jersey Ave. SE, Washington, (4) The person or persons completing
5125. the repairs required by the ‘‘out of
DC 20590–0001, or by email to
■ 62. Amend § 397.73 by revising HMRouting@dot.gov. service notice’’ shall sign the
paragraph (b) to read as follows: ‘‘Certification of Repairman’’ in
PART 398—TRANSPORTATION OF accordance with the terms prescribed on
§ 397.73 Public information and reporting MIGRANT WORKERS the ‘‘Driver/Vehicle Examination
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requirements. Report,’’ entering the name of his/her
* * * * * ■ 64. The authority citation for part 398 shop or garage and the date and time the
(b) Reporting and publishing continues to read as follows: required repairs were completed. If the
requirements. (1) Each State or Indian Authority: 49 U.S.C. 13301, 13902, 31132, driver completes the required repairs,
tribe, through its routing agency, shall 31133, 31136, 31502, and 31504; sec. 204, he/she shall sign and complete the
provide information identifying all Pub. L. 104–88, 109 Stat. 803, 941 (49 U.S.C. ‘‘Certification of Repairman.’’
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![22882 Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Rules and Regulations
(d) Motor carrier’s disposition of the Carrier Safety Regulations, appropriate address indicated on the report within
‘‘Driver/Vehicle Examination Report.’’ corrective action shall be taken by the fifteen (15) days following the date of
(1) Motor carriers shall carefully motor carrier. the vehicle inspection.
examine the ‘‘Driver/Vehicle (2) Motor carriers shall complete the
Issued under the authority delegated in 49
Examination Reports.’’ Any and all ‘‘Motor Carrier Certification of Action CFR 1.87 on: May 9, 2018.
violations or mechanical defects noted Taken’’ on the ‘‘Driver/Vehicle
Raymond P. Martinez,
thereon shall be corrected. To the extent Examination Report’’ in accordance
with the terms prescribed thereon. Administrator.
drivers are shown not to be in
Motor carriers shall return the ‘‘Driver/ [FR Doc. 2018–10437 Filed 5–16–18; 8:45 am]
compliance with the Federal Motor
Vehicle Examination Reports’’ to the BILLING CODE 4910–EX–P
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Document Created: 2018-05-17 00:50:55
Document Modified: 2018-05-17 00:50:55
| 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 | This rule is effective June 18, 2018. | |
| 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 9:00 a.m. to 5:00 p.m. e.t., Monday through Friday, except Federal holidays. | |
| FR Citation | 83 FR 22865 | |
| RIN Number | 2126-AC06 | |
| CFR Citation | 49
CFR
350 49 CFR 360 49 CFR 365 49 CFR 373 49 CFR 380 49 CFR 382 49 CFR 383 49 CFR 384 49 CFR 385 49 CFR 387 49 CFR 390 49 CFR 393 49 CFR 395 49 CFR 396 49 CFR 397 49 CFR 398 | |
| CFR Associated | Grant Programs-Transportation; Highway Safety; Motor Carriers; Motor Vehicle Safety; Reporting and Recordkeeping Requirements; Administrative Practice and Procedure; Brokers; Buses; Freight Forwarders; Hazardous Materials Transportation; Insurance; Moving of Household Goods; Penalties; Surety Bonds; Maritime Carriers; Mexico; Freight; Alcohol Abuse; Drug Abuse; Drug Testing; Safety; Transportation; Intergovernmental Relations; Intermodal Transportation; Parking; Radioactive Materials; Rubber and Rubber Products and Migrant Labor |
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