General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations
| Published date | 30 September 2019 |
| Citation | 84 FR 51427 |
| Record Number | 2019-20591 |
| Section | Rules and Regulations |
| Court | Federal Motor Carrier Safety Administration |
Federal Register, Volume 84 Issue 189 (Monday, September 30, 2019)
[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Rules and Regulations]
[Pages 51427-51435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20591]
[[Page 51427]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 325, 350, 365, 380, 382, 383, 385, 387, 389, 391, 392,
395, and 396
RIN 2126-AC27
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.
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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, and improve the clarity and consistency
of certain regulatory provisions. The Agency also makes
nondiscretionary, ministerial changes that are statutorily mandated.
DATES: Effective September 30, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Sarah Stella, Federal Motor
Carrier Safety Administration, Regulatory Development Division, 1200
New Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-5370;
[email protected].
SUPPLEMENTARY INFORMATION:
I. Legal Basis for the Rulemaking
Congress delegated certain powers to regulate interstate commerce
to the United States Department of Transportation (DOT or Department)
in numerous pieces of legislation, most notably in section 6 of the
Department of Transportation Act (DOT Act) (Pub. L. 89-670, 80 Stat.
931, 937, Oct. 15, 1966). Section 6 of the DOT Act transferred to the
Department the authority of the former Interstate Commerce Commission
(ICC) to regulate the qualifications and maximum hours of service of
employees, the safety of operations, and the equipment of motor
carriers in interstate commerce (80 Stat. 939). This authority, first
granted to the ICC in the Motor Carrier Act of 1935 (Pub. L. 74-255, 49
Stat. 543, Aug. 9, 1935), now appears in 49 U.S.C. chapter 315. The
regulations issued under this (and subsequently enacted) authority
became known as the Federal Motor Carrier Safety Regulations, 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, several statutes added to FHWA's authority.
Various statutes authorize the enforcement of the Federal Motor Carrier
Safety Regulations, the Hazardous Materials Regulations, and the
Commercial Regulations, and provide both civil and criminal penalties
for violations of these requirements. These statutes include the Motor
Carrier Safety Act of 1984 (Pub. L. 98-554, 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; the Omnibus Transportation Employee Testing Act
of 1991 (Pub. L. 102-143, Title V, 105 Stat. 917, 952, Oct. 28, 1991),
codified at 49 U.S.C. 31306; and the ICC Termination Act of 1995 (Pub.
L. 104-88, 109 Stat. 803, Dec. 29, 1995), codified at 49 U.S.C.
chapters 131-149.
The Motor Carrier Safety Improvement Act of 1999 (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 (Pub. L. 112-141, 126 Stat. 405, July 6, 2012); and the
Fixing America's Surface Transportation Act (Pub. L. 114-94, 129 Stat.
1312, Dec. 4, 2015).
In addition, the Agency derives secondary authority from section
205 of the Financial Institutions Reform, Recovery, and Enforcement Act
of 1989 (Pub. L. 101-73, 103 Stat. 183, Aug. 9, 1989), and section
12104 of the Agriculture Improvement Act of 2018 (Pub. L. 115-334, 132
Stat. 4490, Dec. 20, 2018), as they pertain to financial responsibility
requirements for property brokers and drivers transporting agricultural
commodities, respectively.
The specific regulations amended by this rule are based on the
statutes detailed above. Generally, the legal authority for each of
those provisions was explained when the requirement was originally
adopted and is noted at the beginning of each part in title 49 of the
Code of Federal Regulations.
The Administrative Procedure Act (APA) specifically provides
exceptions to its notice and comment rulemaking procedures when an
agency finds there is good cause to dispense with them, and
incorporates the finding, and a brief statement of reasons therefore,
in the rules issued (5 U.S.C. 553(b)(3)(B)). Generally, good cause
exists when an agency determines that notice and public comment
procedures are impractical, unnecessary, or contrary to the public
interest. The amendments made in this final rule primarily correct
inadvertent errors and omissions, remove or update obsolete references,
and make minor language changes to improve clarity and consistency. Two
changes are statutorily mandated. In accommodating those changes, the
Agency is performing nondiscretionary, ministerial acts. The technical
amendments do not impose any material new requirements or increase
compliance obligations. For these reasons, FMCSA finds good cause that
notice and public comment on this final rule are unnecessary.
The APA also allows agencies to make rules effective immediately
with good cause (5 U.S.C. 553(d)(3)), instead of requiring publication
30 days prior to the effective date. For the reasons already stated,
FMCSA finds there is good cause for this rule to be effective
immediately.
The Agency is aware of the regulatory requirements concerning
public participation in FMCSA rulemaking (49 U.S.C. 31136(g)). These
requirements pertain to certain major rules,\1\ but,
[[Page 51428]]
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. 31136(g)(1)(A), as well as 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).
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\1\ A ``major rule'' means any rule that the Administrator of
the Office of Information and Regulatory Affairs of the Office of
Management and Budget (OMB) finds has resulted in or is likely to
result in (a) an annual effect on the economy of $100 million or
more; (b) a major increase in costs or prices for consumers,
individual industries, Federal agencies, State agencies, local
government agencies, or geographic regions; or (c) significant
adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic
and export markets (5 U.S.C. 804(2)). The term ``major rule'' does
not include any rule promulgated under the Telecommunications Act of
1996 and the amendments made by that Act.
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II. Section-by-Section Analysis
The section-by-section analysis describes the changes to the Code
of Federal Regulations in numerical order.
A. Section 325.3 Effective Date
FMCSA removes and reserves Sec. 325.3, Effective date. Part 325
became effective October 15, 1975. Because it has been in effect for 43
years, the notice in this section is no longer necessary and the
section is obsolete.
B. Section 350.213 What must a State CVSP include?
FMCSA corrects the cross reference at the end of Sec. 350.213(b)
that now reads ``Sec. 350.201(q) and (t)'' to read ``Sec. 350.201(q)
and (s).'' On October 14, 2016, FMCSA revised Sec. 350.201 in a final
rule titled ``Amendments to Implement Grants Provisions of the Fixing
America's Surface Transportation Act'' (81 FR 71011). The provisions
formerly in paragraph (t) were revised and moved to paragraph (s), but
the Agency failed to correct the cross reference at that time.
C. Sections 365.203 (Suspended) and 365.203T Time for Filing
In Sec. 365.203 (suspended), FMCSA removes the reference to
``Office of the Associate Administrator for Research and Information
Technology,'' and replaces it with a reference to the ``Office of
Registration and Safety Information (MC-RS).'' The Office of
Registration and Safety Information is now the office responsible for
receiving these protests. In Sec. 365.203T, FMCSA adds a reference to
the Office of Registration and Safety Information and its address to
clarify how protests must be filed.
On January 17, 2017, FMCSA suspended certain regulations relating
to the electronic Unified Registration System and delayed their
effective date indefinitely (82 FR 5292). The suspended regulations
were replaced by temporary provisions that contain the requirements in
place on January 13, 2017. Section 365.203 was one of the sections
suspended and Sec. 365.203T, which is currently in effect, was added
(82 FR 5300).
D. Section 380.725 Documentation and Record Retention
In Sec. 380.725(a), FMCSA changes the reference that now reads
``subpart F'' to read ``subpart G.'' The error appeared in the rule
when it was published on December 8, 2016 (81 FR 88793.)
E. Section 382.107 Definitions
FMCSA amends the definition of ``actual knowledge'' in Sec.
382.107 by removing the words ``a traffic citation for'' and adding in
their place the words ``a traffic citation, complaint, or other
document charging.'' The entire phrase will read ``a traffic citation,
complaint, or other document charging driving a CMV while under the
influence of alcohol or controlled substances.''
The purpose of the amendment is to clarify that, as used in this
section, the Agency considers ``traffic citation'' to be a broad term
encompassing all documents charging driving a CMV while under the
influence of alcohol or controlled substances. Therefore, an employer's
knowledge of any type of document charging the driver with operating a
CMV while under the influence of drugs or alcohol provides a sufficient
basis for that employer's ``actual knowledge,'' as that term is defined
in Sec. 382.107, that the employee-driver has violated subpart B of
part 382.
F. Section 383.25 Commercial Learner's Permit (CLP)
FMCSA corrects an error in Sec. 383.25(c). FMCSA revised Sec.
383.25(c), as well as Sec. 383.73(a)(2)(iii), on December 21, 2018 (83
FR 65571). These provisions allow CLPs to be issued for 1 year or less
from the date of issuance without requiring a CLP holder to retake the
general and endorsement knowledge tests. Section 383.25(c) provides
that ``CLPs issued for a period of less than 1 year may be renewed
provided the CLP is not valid for no more than one year from the date
of initial issuance.'' The word ``no'' is removed from Sec. 383.25(c)
to eliminate the inadvertent double negative and to ensure that the
language is consistent with that of Sec. 383.73(a)(2)(iii).
G. Section 385.13 Unsatisfactory Rated Motor Carriers; Prohibition on
Transportation; Ineligibility for Federal Contracts
FMCSA updates the web address in paragraph (a) (http://www.safersys.org), which is no longer active, to the current FMCSA
Safety and Fitness Electronic Records System address at https://safer.fmcsa.dot.gov. In paragraphs (a)(2) and (c) of Sec. 385.13,
FMCSA removes the effective dates (November 20, 2000 and January 22,
2001, respectively) to improve the clarity of the section. When these
dates were originally published on August 22, 2000 (65 FR 50934), they
were informative. However, they are now obsolete.
H. Section 385.19 Safety Fitness Information
In Sec. 385.19(c), FMCSA changes the office where requests should
be addressed from the ``Office of Information Technology (MC-R)'' to
the ``Office of Registration and Safety Information (MC-RS).'' This
reflects a change in organization. The Agency also updates paragraph
(c) to provide the current FMCSA Safety and Fitness Electronic Records
System address at https://safer.fmcsa.dot.gov, and corrects a
grammatical error.
I. Section 385.403 Who must hold a safety permit?
FMCSA removes the phrase ``[a]fter the date following January 1,
2005, that a motor carrier is required to file a Motor Carrier
Identification Report Form (MCS-150) according to the schedule set
forth in Sec. 390.19(a) of this chapter'' from the introductory text
of Sec. 385.403 to improve the clarity of the section. This compliance
information was provided when part 385, subpart E, Hazardous Materials
Safety Permits, was adopted on June 30, 2004 (69 FR 39368), but it is
no longer necessary.
J. Sections 385.405 (Suspended) and 385.405T How does a motor carrier
apply for a safety permit?
FMCSA changes paragraph (b) of Sec. 385.405 (suspended) to
accurately reflect the online application procedures. Paragraph (b) of
Sec. 385.405T is changed by replacing the reference to the Office of
Information Technology (MC-R) with a reference to the Office of
Registration and Safety Information (MC-RS), the office now responsible
for the forms and instructions.
[[Page 51429]]
K. Section 385.417 Is a motor carrier's safety permit number available
to others?
FMCSA updates the obsolete web address in Sec. 385.417 to the
current FMCSA Safety and Fitness Electronic Records System address at
https://safer.fmcsa.dot.gov, and corrects a grammatical error.
L. Appendix B to Part 385--Explanation of Safety Rating Process
FMCSA revises Appendix B to Part 385, section VII, to correct two
entries. The entry for ``Sec. 382.213(b) Using a driver known to have
used a controlled substance (acute)'' is changed to read ``Sec.
382.213(c) Using a driver known to have used a controlled substance
(acute).'' On January 30, 2012, FMCSA adopted a revision to Sec.
382.213 that moved the information previously in paragraph (b) to
paragraph (c) (77 FR 4483).
The entry for ``Sec. 391.45(b)(1) Using a driver not medically
examined and certified during the preceding 24 months (critical)'' is
corrected to read ``Sec. 391.45(b) Using a driver not medically
examined and certified during the preceding 24 months (critical).''
Section 391.45 was revised and reorganized by a rule published
September 19, 2018, which moved the requirements in Sec. 391.45(b)(1)
to paragraph (b) (83 FR 47520).
M. Sections 387.303 (Suspended) and 387.303T Security for the
Protection of the Public: Minimum Limits
FMCSA corrects the inaccurate cross references in Sec. Sec.
387.303(b)(2)(iii) (suspended) and 387.303T(b)(2)(iii). Prior to
October 1, 2012, the paragraphs of the table in Sec. 387.303(b)(2)
were designated as paragraphs (a), (b), (c), and (d). On October 1,
2012, they were redesignated as paragraphs (b)(2)(i), (ii), (iii), and
(iv), but the Agency failed to make conforming changes to the cross
references in redesignated paragraph (b)(2)(iii) (77 FR 59827).
Accordingly, the cross references to paragraph (b) or (d) are changed
to paragraph (b)(2)(ii) or (iv). These changes make the language in the
tables in Sec. Sec. 387.303(b)(2) (suspended) and 387.303T(b)(2)
consistent.
N. Section 387.307 Property Broker Surety Bond or Trust Fund
Section 387.307(c)(4) defines a financial institution to include an
``insured institution (as defined in section 401(a) of the National
Housing Act (12 U.S.C. 1724(a)).'' The National Housing Act (Pub. L.
73-479, 48 Stat. 1246, 1255, June 27, 1934) defined the term as an
institution insured under the Federal Savings and Loan Insurance
Corporation (FSLIC).
The Financial Institutions Reform, Recovery, and Enforcement Act of
1989 (Reform Act) (Pub. L. 101-73, secs. 401 and 407, 103 Stat. 183,
354, 363, Aug. 9, 1989) abolished the FSLIC and repealed title 4 of the
National Housing Act (12 U.S.C. 1724 et seq.). The Reform Act amended
section 4 of the Federal Deposit Insurance Act (12 U.S.C. 1814(a)(2))
to provide that each savings association insured by the FSLIC would
automatically become an ``insured depository institution'' (sec. 205,
103 Stat. 194). That term is defined in section 3(c)(2) of the Federal
Deposit Insurance Act to mean any bank or savings association the
deposits of which are insured by the Federal Deposit Insurance
Corporation (12 U.S.C. 1813(c)(2)). Accordingly, the Agency corrects
the outdated reference in Sec. 387.307(c)(4), as mandated by the
Reform Act, to read, ``An insured depository institution (as defined in
section 3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c)(2)).''
O. Sections 387.313 (Suspended) and 387.313T Forms and Procedures
Sections 387.413 (Suspended) and 387.413T Forms and Procedures
The Agency removes paragraph (f) from Sec. Sec. 387.313
(suspended), 387.313T, 387.413 (suspended), and 387.413T, which
references Form BMC-32 endorsements and Form BMC-34 certificates of
insurance that expired March 21, 2011. Paragraph (f) was added to
Sec. Sec. 387.313 and 387.413 to provide notice that these forms would
expire (75 FR 35328-29, June 22, 2010), but it is now obsolete.
FMCSA also revises the heading of Sec. 387.413 (suspended) to read
``Forms and procedures,'' rather than ``Forms and procedure,'' to be
consistent with the headings of Sec. Sec. 387.313 (suspended),
387.313T, and 387.413T.
P. Section 389.9 Treatment of Confidential Business Information
Submitted Under Confidential Class Determinations
FMCSA changes the heading of Sec. 389.9 by adding the phrase
``submitted under confidential class determinations'' to make clear to
the reader initially that the procedures in the section apply only to
certain forms of confidential business information. At the end of
paragraph (a), the Agency adds a cross reference to paragraph (f) of
this section to clarify the applicability of the procedures set forth
in Sec. 389.9.
Q. Section 391.41 Physical Qualifications for Drivers
In Sec. 391.41(a)(1)(i), FMCSA amends the note to reflect that the
commercial drivers' license reciprocity memorandum of understanding
with Mexico was amended as of January 19, 2017.
R. Section 391.46 Physical Qualification Standards for an Individual
With Diabetes Mellitus Treated With Insulin for Control
In Sec. 391.46(c)(2)(iv), FMCSA corrects the cross reference to
``paragraph (c)(iv)'' to read ``paragraph (c)(2)(iii).'' On September
19, 2018, the Agency published a new standard for individuals with
insulin-treated diabetes that added Sec. 391.46, but inadvertently
provided the wrong citation (83 FR 47520).
S. Section 391.51 General Requirements for Driver Qualifications Files
FMCSA removes the expired effective date (January 30, 2012) from
the beginning of Sec. 391.51(b)(7)(ii). On December 1, 2008, FMCSA
published a rule that revised Sec. 391.51(b)(7)(ii) (73 FR 73127). The
paragraph included the effective date of the exception, then 3 years in
the future, for the information of the user. It is now obsolete.
T. Section 391.53 Driver Investigation History File
FMCSA removes the compliance date (October 29, 2004) from Sec.
391.53(a). This compliance date was added to aid the user when the
section was added on March 30, 2004 (69 FR 16721). It is now 15 years
in the past and no longer necessary.
In paragraph (b)(1) of Sec. 391.53, FMCSA corrects the cross
reference to ``Sec. 391.23(d)'' to read ``Sec. 391.23(f)(1),'' which
relates to driver consent. This cross reference was incorrect when the
rule was originally published.
U. Section 392.10 Railroad Grade Crossings; Stopping Required
FMCSA corrects the punctuation in Sec. 392.10(b) by changing the
ending punctuation in paragraphs (b)(2) and (4) to periods. This is to
make the punctuation consistent.
V. Section 395.1 Scope of Rules in This Part
FMCSA corrects the cross reference in paragraph (a)(1) of Sec.
395.1 to read ``paragraphs (b) through (x) of this section,'' rather
than ``(b) through (r) of this section.'' Inadvertently, FMCSA failed
to update this cross reference when Sec. 395.1(s) was added on March
14,
[[Page 51430]]
2013 (78 FR 16195), and when paragraphs (t) through (x) of Sec. 395.1
were added on July 22, 2016 (81 FR 47721).
W. Section 395.2 Definitions
In Sec. 395.2, FMCSA amends the definition of ``livestock'' by
replacing the phrase ``fish used for food, and other animals designated
by the Secretary of Agriculture'' with the phrase ``llamas, alpacas,
live fish, crawfish, and other animals'' to reflect a statutory change
to the definition.
Section 4130(c) of SAFETEA-LU added a definition for the term
``agricultural commodity,'' and defined it as ``any agricultural
commodity, non-processed food, feed, fiber, or livestock (including
livestock as defined in section 602 of the Emergency Livestock Feed
Assistance Act of 1988 (7 U.S.C. 1471) and insects)'' (119 Stat. 1743
(49 U.S.C. 31136 note)). On July 5, 2007, FMCSA amended Sec. 395.2 by
adopting the definition of ``agricultural commodity'' set forth in
section 4130(c) without substantive change (72 FR 36790).
On July 22, 2016, the Agency amended Sec. 395.2 by adding a
definition for the term ``livestock'' (81 FR 47721). The definition
restated, without substantive change, the definition of livestock set
forth in section 602 of the Emergency Livestock Feed Assistance Act of
1988 (Pub. L. 100-387, 102 Stat. 925, 926, Aug. 11, 1988 (7 U.S.C.
1471(2)), as amended.
In section 12104 of the Agriculture Improvement Act of 2018 (``2018
farm bill'') (Pub. L. 115-334, 132 Stat. 4490, Dec. 20, 2018), Congress
amended the definition of ``livestock'' in the Emergency Livestock Feed
Assistance Act of 1988. The 2018 farm bill deleted the phrase ``fish
used for food,'' added ``llamas, alpacas, live fish, and crawfish,''
and removed certain discretion from the Secretary of Agriculture. This
statutory change was self-executing. Accordingly, FMCSA amends Sec.
395.2 to conform to the statutorily mandated changes made to the
definition of ``livestock'' by the 2018 farm bill, which were effective
December 20, 2018.
X. Section 396.15 Driveaway-Towaway Operations and Inspections
In Sec. 396.15(a), FMCSA removes the effective date (December 7,
1989), which was added when paragraph (a) was revised on December 7,
1988 (53 FR 49410). This rule has now been in effect for 29 years;
therefore, the effective date is no longer necessary.
III. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
FMCSA 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, OMB has not
reviewed it under that Order. It is also not significant within the
meaning of DOT regulatory policies and procedures (DOT Order 2100.6,
dated Dec. 20, 2018). This final rule makes changes to correct
inaccurate references and citations, improve clarity, fix typographical
or other nonsubstantive errors, or make nondiscretionary, ministerial
changes that are statutorily mandated. None of the changes in this
final rule imposes material new requirements or increases compliance
obligations; therefore, this final rule imposes no new costs and a full
regulatory evaluation is unnecessary.
B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs)
This rulemaking is not an E.O. 13771 regulatory action and no
further action under E.O. 13771 is required.
C. Congressional Review Act
This rule is not a major rule as defined under the Congressional
Review Act (5 U.S.C. 801-808).
D. Regulatory Flexibility Act (Small Entities)
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612),
FMCSA is not required to complete a regulatory flexibility analysis
because, as discussed earlier in the Legal Basis for the Rulemaking
section, this action is not subject to notice and public comment under
section 553(b) of the APA.
E. 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,
Sarah Stella, 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.
F. 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 State, local, and tribal governments, in
the aggregate, or by the private sector of $165 million (which is the
value equivalent of $100,000,000 in 1995, adjusted for inflation to
2018 levels) or more in any 1 year. This final rule will not result in
such an expenditure.
G. Paperwork Reduction Act (Collection of Information)
This final rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
H. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' FMCSA has determined that this rule will not have
substantial direct costs on or for States, nor will it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.
I. E.O. 12988 (Civil Justice Reform)
This final rule meets applicable standards in sections 3(a) and
3(b)(2) of
[[Page 51431]]
E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
J. 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, the Agency does not anticipate that this
regulatory action could in any respect present an environmental or
safety risk that could disproportionately affect children.
K. 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.
L. Privacy
The Consolidated Appropriations Act, 2005 (Pub. L. 108-447, 118
Stat. 2809, 3268, 5 U.S.C. 552a note) requires the Agency to conduct a
privacy impact assessment (PIA) of a regulation that will affect the
privacy of individuals. Because this final rule does not require the
collection of personally identifiable information, the Agency is not
required to conduct a PIA.
The E-Government Act of 2002 (Pub. L. 107-347, sec. 208, 116 Stat.
2899, 2921, Dec. 17, 2002), requires Federal agencies to conduct a PIA
for new or substantially changed technology that collects, maintains,
or disseminates information in an identifiable form. No new or
substantially changed technology would collect, maintain, or
disseminate information as a result of this rule. Accordingly, FMCSA
has not conducted a PIA.
M. 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.
N. 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.
O. 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.
P. National Technology Transfer and Advancement Act (Technical
Standards)
The National Technology Transfer and Advancement Act (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.
Q. National Environmental Policy Act of 1969
FMCSA analyzed this rule for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1 (69 FR 9680, Mar. 1, 2004),
Appendix 2, paragraph 6.b. This Categorical Exclusion addresses minor
corrections such as those found in this rulemaking; therefore,
preparation of an environmental assessment or environmental impact
statement is not necessary.
List of Subjects
49 CFR Part 325
Motor carriers, Noise control.
49 CFR Part 350
Grant programs-transportation, Highway safety, Motor carriers,
Motor vehicle safety, Reporting and recordkeeping requirements.
49 CFR Part 365
Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Maritime carriers, Mexico, 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 procedures, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.
49 CFR Part 383
Administrative practice and procedures, 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 389
Administrative practice and procedure, Highway safety, Motor
carriers, Motor vehicle safety.
49 CFR Part 391
Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety,
Transportation.
49 CFR Part 392
Alcohol abuse, Drug abuse, Highway safety, Motor carriers.
[[Page 51432]]
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.
In consideration of the foregoing, FMCSA amends 49 CFR chapter III
as set forth below:
PART 325--COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION
STANDARDS
0
1. The authority citation for part 325 continues to read as follows:
Authority: 42 U.S.C. 4917; 49 U.S.C. 301; and 49 CFR 1.87.
Sec. 325.3 [Removed and Reserved]
0
2. Remove and reserve Sec. 325.3.
PART 350--MOTOR CARRIER SAFETY ASSISTANCE PROGRAM AND HIGH PRIORITY
PROGRAM
0
3. The authority citation for part 350 continues to read as follows:
Authority: 49 U.S.C. 13902, 31101-31104, 31108, 31136, 31141,
31161, 31310-31311, 31502; and 49 CFR 1.87.
Sec. 350.213 [Amended]
0
4. Amend Sec. 350.213 in paragraph (b) introductory text by removing
the reference to ``Sec. 350.201(q) and (t)'' and adding in its place a
reference to ``Sec. 350.201(q) and (s)''.
PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
0
5. 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.
Sec. 365.203 [Amended]
0
6. Amend Sec. 365.203 as follows:
0
a. Lift the suspension of the section;
0
b. Remove the phrase ``received at the FMCSA, Office of the Associate
Administrator for Research and Information Technology'' and add in its
place the phrase ``received at the FMCSA, Office of Registration and
Safety Information (MC-RS)''; and
0
c. Suspend Sec. 365.203 indefinitely.
0
7. Revise Sec. 365.203T to read as follows.
Sec. 365.203T Time for filing.
A protest shall be filed (received at the FMCSA, Office of
Registration and Safety Information (MC-RS), 1200 New Jersey Ave. SE,
Washington, DC 20590) within 10 days after notice of the application
appears in the FMCSA Register. A copy of the protest shall be sent to
applicant's representative at the same time. Failure timely to file a
protest waives further participation in the proceeding.
PART 380--SPECIAL TRAINING REQUIREMENTS
0
8. The authority citation for part 380 continues to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, 31502;
sec. 4007(a) and (b), Pub. L. 102-240, 105 Stat. 1914, 2151; sec.
32304, Pub. L. 112-141, 126 Stat. 405, 791; and 49 CFR 1.87.
Sec. 380.725 [Amended]
0
9. Amend Sec. 380.725 in paragraph (a) by removing the phrase
``subpart F of this part'' and adding in its place the phrase ``subpart
G of this part''.
PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING
0
10. The authority citation for part 382 continues to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec.
32934, Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.
0
11. Amend Sec. 382.107 by revising the definition of ``actual
knowledge'' to read as follows:
Sec. 382.107 Definitions.
* * * * *
Actual knowledge for the purpose of subpart B of this part, means
actual knowledge by an employer that a driver has used alcohol or
controlled substances based on the employer's direct observation of the
employee, information provided by the driver's previous employer(s), a
traffic citation for driving a CMV while under the influence of alcohol
or controlled substances or an employee's admission of alcohol or
controlled substance use, except as provided in Sec. 382.121. Direct
observation as used in this definition means observation of alcohol or
controlled substances use and does not include observation of employee
behavior or physical characteristics sufficient to warrant reasonable
suspicion testing under Sec. 382.307. As used in this section,
``traffic citation'' means a ticket, complaint, or other document
charging driving a CMV while under the influence of alcohol or
controlled substances.
* * * * *
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
0
12. 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; secs. 5401 and 7208 of Pub. L. 114-94, 129 Stat.
1312, 1546, 1593; and 49 CFR 1.87.
0
13. Amend Sec. 383.25 by revising paragraph (c) to read as follows:
Sec. 383.25 Commercial learner's permit (CLP).
* * * * *
(c) The CLP must be valid for no more than one year from the
initial date of issuance without requiring the CLP holder to retake the
general and endorsement knowledge tests. CLPs issued for a period of
less than one year may be renewed provided the CLP is not valid for
more than one year from the date of initial issuance.
* * * * *
PART 385--SAFETY FITNESS PROCEDURES
0
14. 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, 31502; sec. 350,
Pub. L. 107-87, 115 Stat. 833, 864; and 49 CFR 1.87.
0
15. Amend Sec. 385.13 by revising paragraphs (a) introductory text,
(a)(2), and (c) to read as follows.
Sec. 385.13 Unsatisfactory rated motor carriers; prohibition on
transportation; ineligibility for Federal contracts.
(a) Generally, a motor carrier rated ``unsatisfactory'' is
prohibited from operating a CMV. Information on motor carriers,
including their most current safety rating, is available from the FMCSA
Safety and Fitness Electronic Records System website at https://safer.fmcsa.dot.gov, or by telephone at (800) 832-5660.
* * * * *
(2) All other motor carriers rated as a result of reviews are
prohibited from operating a CMV in motor carrier operations in commerce
beginning on the 61st day after the date of the FMCSA notice of
proposed ``unsatisfactory'' rating. If FMCSA determines that the motor
carrier is making a good-faith effort to improve its safety fitness,
[[Page 51433]]
FMCSA may allow the motor carrier to operate for up to 60 additional
days.
* * * * *
(c) A Federal agency must not use a motor carrier for other CMV
transportation if that carrier holds an ``unsatisfactory'' rating.
* * * * *
0
16. Amend Sec. 385.19 by revising paragraph (c) to read as follows.
Sec. 385.19 Safety fitness information.
* * * * *
(c) Requests should be addressed to the Federal Motor Carrier
Safety Administration, Office of Registration and Safety Information
(MC-RS), 1200 New Jersey Ave. SE, Washington, DC 20590-0001. The
information also can be found on the FMCSA Safety and Fitness
Electronic Records System website at https://safer.fmcsa.dot.gov.
* * * * *
0
17. Amend Sec. 385.403 by revising the introductory text to read as
follows.
Sec. 385.403 Who must hold a safety permit?
A motor carrier may not transport in interstate or intrastate
commerce any of the following hazardous materials, in the quantity
indicated for each, unless the motor carrier holds a safety permit:
* * * * *
0
18. Amend Sec. 385.405 as follows:
0
a. Lift the suspension of the section;
0
b. Revise paragraph (b); and
0
c. Suspend Sec. 385.405 indefinitely.
The revision reads as follows.
Sec. 385.405 How does a motor carrier apply for a safety permit?
* * * * *
(b) How to apply. Form MCSA-1, the URS online application, is
accessible, including complete instructions, at http://www.fmcsa.dot.gov/urs.
* * * * *
0
19. Amend Sec. 385.405T by revising paragraph (b) to read as follows.
Sec. 385.405T How does a motor carrier apply for a safety permit?
* * * * *
(b) Where to get forms and instructions. The forms listed in
paragraph (a) of this section, and instructions for completing the
forms, may be obtained on the internet at http://www.fmcsa.dot.gov, or
by contacting FMCSA at Federal Motor Carrier Safety Administration,
Office of Registration and Safety Information (MC-RS), 1200 New Jersey
Ave. SE, Washington, DC 20590-0001 or by telephone at 1-800-832-5660.
* * * * *
0
20. Revise Sec. 385.417 to read as follows.
Sec. 385.417 Is a motor carrier's safety permit number available to
others?
Upon request, a motor carrier must provide the number of its safety
permit to a person who offers a hazardous material listed in Sec.
385.403 for transportation in commerce. A motor carrier's permit number
also will be available to the public on the FMCSA Safety and Fitness
Electronic Records System website at https://safer.fmcsa.dot.gov.
0
21. Amend appendix B to part 385, section VII, by revising the entries
for ``Sec. 382.213(b)'' and ``Sec. 391.45(b)(1)'' to read as follows:
Appendix B to Part 385--Explanation of Safety Rating Process
* * * * *
VII. List of Acute and Critical Regulations
* * * * *
Sec. 382.213(c) Using a driver known to have used a controlled
substance (acute).
* * * * *
Sec. 391.45(b) Using a driver not medically examined and
certified during the preceding 24 months (critical).
* * * * *
PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS
0
22. The authority citation for part 387 continues 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.
0
23. Amend Sec. 387.303 as follows:
0
a. Lift the suspension of the section;
0
b. Revise paragraph (b)(2)(iii); and
0
c. Suspend Sec. 387.303 indefinitely.
The revision reads as follows.
Sec. 387.303 Security for the protection of the public: Minimum
limits.
* * * * *
(b) * * *
(2) * * *
------------------------------------------------------------------------
Kind of equipment Commodity transported Minimum limits
------------------------------------------------------------------------
* * * * * * *
(iii) Freight vehicles of Oil listed in Sec. 1,000,000
10,001 pounds (4,536 172.101 of this title;
kilograms) or more GVWR. hazardous waste,
hazardous materials
and hazardous
substances defined in
Sec. 171.8 of this
title and listed in
Sec. 172.101 of this
title, but not
mentioned in paragraph
(b)(2)(ii) or
paragraph (b)(2)(iv)
of this section.
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
24. Amend Sec. 387.303T by revising paragraph (b)(2)(iii) to read as
follows.
Sec. 387.303T Security for the protection of the public: Minimum
limits.
* * * * *
(b) * * *
(2) * * *
------------------------------------------------------------------------
Kind of equipment Commodity transported Minimum limits
------------------------------------------------------------------------
* * * * * * *
(iii) Freight vehicles of Oil listed in Sec. 1,000,000
10,001 pounds (4,536 172.101 of this title;
kilograms) or more GVWR. hazardous waste,
hazardous materials
and hazardous
substances defined in
Sec. 171.8 of this
title and listed in
Sec. 172.101 of this
title, but not
mentioned in paragraph
(b)(2)(ii) or
paragraph (b)(2)(iv)
of this section.
[[Page 51434]]
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
25. Amend Sec. 387.307 by revising paragraph (c)(4) to read as
follows.
Sec. 387.307 Property broker surety bond or trust fund.
* * * * *
(c) * * *
(4) An insured depository institution (as defined in section
3(c)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2));
* * * * *
Sec. 387.313 [Amended]
0
26. Amend Sec. 387.313 as follows:
0
a. Lift the suspension of the section;
0
b. Remove paragraph (f); and
0
c. Suspend Sec. 387.313 indefinitely.
Sec. 387.313T [Amended]
0
27. Amend Sec. 387.313T by removing paragraph (f).
0
28. Amend Sec. 387.413 as follows:
0
a. Lift the suspension of the section;
0
b. Revise the section heading;
0
c. Remove paragraph (f); and
0
d. Suspend Sec. 387.413 indefinitely.
The revision reads as follows:
Sec. 387.413 Forms and procedures.
* * * * *
Sec. 387.413T [Amended]
0
29. Amend Sec. 387.413T by removing paragraph (f).
PART 389--RULEMAKING PROCEDURES--FEDERAL MOTOR CARRIER SAFETY
REGULATIONS
0
30. The authority citation for part 389 continues to read as follows:
Authority: 49 U.S.C. 113, 501 et seq., subchapters I and III of
chapter 311, chapter 313, and 31502; 42 U.S.C. 4917; and 49 CFR
1.87.
0
31. Amend Sec. 389.9 by revising the section heading and paragraph (a)
to read as follows:
Sec. 389.9 Treatment of confidential business information submitted
under confidential class determinations.
(a) Purpose. This section establishes the standards and procedures
by which the Agency will solicit and receive certain confidential
commercial or financial information, as that term is used in the
Freedom of Information Act (5 U.S.C. 552(b)(4)), categorically referred
to below as ``confidential business information,'' and the manner in
which the Agency will protect such information from public disclosure
in accordance with 5 U.S.C. 552(b)(4), when it is submitted in
accordance with paragraph (f) of this section.
* * * * *
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
32. The authority citation for part 391 continues to read as follows:
Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 31502; sec.
4007(b), Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114, Pub. L.
103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159, 113 Stat.
1748, 1767; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; secs.
5403 and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1560; sec. 2,
Pub. L. 115-105, 131 Stat. 2263; and 49 CFR 1.87.
0
33. Amend Sec. 391.41 by revising paragraph (a)(1)(i) to read as
follows:
Sec. 391.41 Physical qualifications for drivers.
(a)(1)(i) A person subject to this part must not operate a
commercial motor vehicle unless he or she is medically certified as
physically qualified to do so, and, except as provided in paragraph
(a)(2) of this section, when on-duty has on his or her person the
original, or a copy, of a current medical examiner's certificate that
he or she is physically qualified to drive a commercial motor vehicle.
NOTE: Effective December 29, 1991, and as amended on January 19, 2017,
the FMCSA Administrator determined that the Licencia Federal de
Conductor issued by the United Mexican States is recognized as proof of
medical fitness to drive a CMV. The United States and Canada entered
into a Reciprocity Agreement, effective March 30, 1999, recognizing
that a Canadian commercial driver's license is proof of medical fitness
to drive a CMV. Therefore, Canadian and Mexican CMV drivers are not
required to have in their possession a medical examiner's certificate
if the driver has been issued, and possesses, a valid commercial driver
license issued by the United Mexican States, or a Canadian Province or
Territory, and whose license and medical status, including any waiver
or exemption, can be electronically verified. Drivers from any of the
countries who have received a medical authorization that deviates from
the mutually accepted compatible medical standards of the resident
country are not qualified to drive a CMV in the other countries. For
example, Canadian drivers who do not meet the medical fitness
provisions of the Canadian National Safety Code for Motor Carriers but
are issued a waiver by one of the Canadian Provinces or Territories,
are not qualified to drive a CMV in the United States. In addition,
U.S. drivers who received a medical variance from FMCSA are not
qualified to drive a CMV in Canada.
* * * * *
Sec. 391.46 [Amended]
0
34. Amend Sec. 391.46 in paragraph (c)(2)(iv) by removing the phrase
``paragraph (c)(iv) of this section'' and adding in its place the
phrase ``paragraph (c)(2)(iii) of this section''.
0
35. Amend Sec. 391.51 by revising paragraph (b)(7)(ii) to read as
follows:
Sec. 391.51 General requirements for driver qualification files.
* * * * *
(b) * * *
(7) * * *
(ii) Exception. For CDL holders, if the CDLIS motor vehicle record
contains medical certification status information, the motor carrier
employer must meet this requirement by obtaining the CDLIS motor
vehicle record defined at Sec. 384.105 of this chapter. That record
must be obtained from the current licensing State and placed in the
driver qualification file. After January 30, 2015, a non-excepted,
interstate CDL holder without medical certification status information
on the CDLIS motor vehicle record is designated ``not-certified'' to
operate a CMV in interstate commerce. After January 30, 2015, and
through June 21, 2021, a motor carrier may use a copy of the driver's
current medical examiner's certificate that was submitted to the State
for up to 15 days from the date it was issued as proof of medical
certification.
* * * * *
0
36. Amend Sec. 391.53 by revising paragraphs (a) introductory text and
(b)(1) to read as follows:
Sec. 391.53 Driver investigation history file.
(a) Each motor carrier must maintain records relating to the
investigation into the safety performance history of a new or
prospective driver pursuant to
[[Page 51435]]
Sec. 391.23(d) and (e). This file must be maintained in a secure
location with controlled access.
* * * * *
(b) * * *
(1) A copy of the driver's written authorization for the motor
carrier to seek information about a driver's alcohol and controlled
substances history as required under Sec. 391.23(f)(1).
* * * * *
PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES
0
37. The authority citation for part 392 is revised to read as follows:
Authority: 49 U.S.C. 504, 521, 13902, 13908, 31136, 31151,
31502; sec. 112 of Pub. L. 103-311, 108 Stat. 1673, 1676, as amended
by sec. 32509 of Pub. L. 112-141, 126 Stat. 405, 805; and 49 CFR
1.87.
Sec. 392.10 [Amended]
0
38. Amend Sec. 392.10 by removing the commas at the end of paragraphs
(b)(2) and (4) and adding in their place periods.
PART 395--HOURS OF SERVICE OF DRIVERS
0
39. The authority citation for part 395 continues to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136, 31137, 31502; sec. 113,
Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-159 (as
added and transferred by sec. 4115 and amended by secs. 4130-4132,
Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); 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), Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.
0
40. Amend Sec. 395.1 by revising paragraph (a)(1) to read as follows:
Sec. 395.1 Scope of rules in this part.
(a) General. (1) The rules in this part apply to all motor carriers
and drivers, except as provided in paragraphs (b) through (x) of this
section.
* * * * *
0
41. Amend Sec. 395.2 by revising the definition of ``livestock'' to
read as follows:
Sec. 395.2 Definitions.
* * * * *
Livestock means cattle, elk, reindeer, bison, horses, deer, sheep,
goats, swine, poultry (including egg-producing poultry), llamas,
alpacas, live fish, crawfish, and other animals that are part of a
foundation herd (including dairy producing cattle) or offspring; or are
purchased as part of a normal operation and not to obtain additional
benefits under the Emergency Livestock Feed Assistance Act of 1988, as
amended.
* * * * *
PART 396--INSPECTION, REPAIR, AND MAINTENANCE
0
42. The authority citation for part 396 continues to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136, 31151, 31502; sec.
32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524, Pub. L. 114-
94, 129 Stat. 1312, 1560; and 49 CFR 1.87.
0
43. Amend Sec. 396.15 by revising paragraph (a) to read as follows:
Sec. 396.15 Driveaway-towaway operations and inspections.
(a) General. Every motor carrier, with respect to motor vehicles
engaged in driveaway-towaway operations, shall comply with the
requirements of this part. Exception: Maintenance records required by
Sec. 396.3, the vehicle inspection report required by Sec. 396.11,
and the periodic inspection required by Sec. 396.17 of this part shall
not be required for any vehicle which is part of the shipment being
delivered.
* * * * *
Issued under authority delegated in 49 CFR 1.87 on:
Dated: September 5, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-20591 Filed 9-27-19; 8:45 am]
BILLING CODE 4910-EX-P
