[Federal Register Volume 66, Number 190 (Monday, October 1, 2001)]
[Rules and Regulations]
[Pages 49867-49875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24432]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Chapter III, Parts 325, 355, 356, 360, 365, 366, 367, 370, 371, 
372, 373, 374, 375, 376, 377, 378, 379, 381, 383, 384, 385, 386, 387, 
388, 389, 390, 391, 392, 393, 395, 396, 397, 398, 399 and Appendixes B, 
F, and G to Subchapter B
[RIN 2126-AA62]


Motor Carrier Safety Regulations; Miscellaneous Technical 
Amendments

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

ACTION: Final rule.

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SUMMARY: This final rule makes technical corrections throughout 49 CFR, 
chapter III, subpart B, to various rules containing outdated references 
to organization structure, contacts, and addresses. The Federal Motor 
Carrier Safety Administration (FMCSA) is also updating authority 
citations, removing obsolete and unnecessary references, and making 
minor editorial corrections. These amendments are necessary due to the 
establishment of the FMCSA by the Motor Carrier Safety Improvement Act 
of 1999 and the termination of the Interstate Commerce Commission under 
the ICC Termination Act of 1995. This action updates the Federal motor 
carrier safety and economic regulations to reflect the formation of the 
FMCSA and its current processes and requirements, but does not make any 
substantive changes to the affected rules.

DATES: The effective date of this rule is October 1, 2001.

FOR FURTHER INFORMATION CONTACT: Janet Nunn, Regulatory Development 
Division (MC-PRR), 202-366-2797; or Mr. Michael J. Falk, Office of the 
Chief Counsel (MC-CC), 202-366-1384, Federal Motor Carrier Safety 
Administration, U.S. Department of Transportation, 400 Seventh Street, 
SW., Washington, DC 20590. Office hours are from 7:15 a.m. to 4:45 
p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Internet users may view and download this document from the U.S. 
DOT Docket Management System (DMS) website (http://dms.dot.gov). Please 
follow the instructions online for more information and help. You may 
also view and download this document from the Federal Register website 
at: http://www.nara.gov/fedreg and through the Government Printing 
Office (GPO) Access service (http://www.access.gpo.gov/nara).

Background

    The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Public 
Law 106-159, 113 Stat. 1748, December 9, 1999) created the Federal 
Motor Carrier Safety Administration (FMCSA), the newest agency of the 
Department of Transportation (DOT), on January 1, 2000. The FMCSA 
carries out its responsibilities under authority delegated to its 
Administrator by the Secretary of Transportation (Secretary) pursuant 
to 49 CFR 1.73 (see 65 FR 220, January 4, 2000). Before FMCSA was 
created by the MCSIA, the Director of a new Office of Motor Carrier 
Safety (OMCS) in the DOT was delegated authority to regulate motor 
carrier activities under section 338 of the FY 2000 DOT and Related 
Agencies Appropriations Act (Public Law 106-69, October 9, 1999). 
Previously, the Federal Highway Administration (FHWA), through the 
Office of the Associate Administrator for Motor Carriers (OMC), was the 
agency responsible for developing and administering the Federal Motor 
Carrier Safety Regulations (FMCSRs). (See 64 FR 56270, October 19, 
1999; 64 FR 58355 and 64 FR 58356, October 29, 1999).
    Title 49 of the Code of Federal Regulations (CFR), chapter III, 
Subpart B, contain Federal motor carrier regulations for truck and bus 
safety. On January 1, 2000, the Secretary revised the heading for 
chapter III to read ``Chapter III--Federal Motor Carrier Safety 
Administration, Department of Transportation.'' Simultaneously, part 
301 of chapter III (which referenced the FHWA organization) was removed 
and reserved for the FMCSA organizational structure (see 64 FR 72959, 
December 29, 1999).

Introduction

    This final rule removes obsolete references and updates authority 
citations because Congress enacted the MCSIA, which created the FMCSA, 
and resulted in the transfer of all motor carrier functions and 
operations to the FMCSA. Because these amendments do not impose new 
requirements, notice and public comment are unnecessary.

[[Page 49868]]

Summary of Changes

    The following is a summary of technical amendments made under this 
final rule. Minor editorial changes, for example, typographical and 
punctuation errors, and certain other minor adjustments to improve 
clarification of the rules are not discussed. All references to Federal 
Highway Administration, FHWA, OMC, OMCS, Office of Motor Carrier and 
Highway Safety, Interstate Commerce Commission, ICC, and Commission, 
are replaced with ``Federal Motor Carrier Safety Administration'' and 
``FMCSA.'' All references to Associate Administrator for Motor Carriers 
are replaced with ``Administrator''; Office of Motor Carrier Research 
and Standards is replaced with ``Office of Bus and Truck Standards and 
Operations''; Office of Motor Carrier Information Analysis is replaced 
with ``Office of Data Analysis and Information Systems''; and Licensing 
and Insurance Division is replaced with ``Licensing Team'' or 
``Insurance Compliance''.
    All references to Regional Director of Motor Carriers are replaced 
with ``Field Administrator,'' ``Division Administrator,'' or ``State 
Director''; Safety Technology and Information Management Division, HHS-
10, and HHS-30 are replaced with ``Office of Enforcement and Compliance 
(MC-ECH)''; HCC-10 Docket Room, Hazardous Materials Routing Dispute 
Resolution Docket are replaced with ``Office of the Chief Counsel (MC-
CC).''
    We updated incorrect authority citations. We removed and reserved 
Sec. 384.303 relating to State certification for FY1994 because it is 
no longer needed. Paragraph (c) of Sec. 387.323 is updated to allow 
specifically for online insurance filings and cancellations by 
registered insurance and surety companies and financial institutions 
over the Internet. We are also removing, without replacement, paragraph 
(a)(4) of Sec. 390.19, because it relates to past dates which are no 
longer relevant.

Rulemaking Analyses and Notices

    This final rule makes only minor technical corrections to existing 
regulations. The rule replaces outdated language with terms more 
consistent with current statutory authority and codifies the transfer 
of regulatory responsibilities from the FHWA and the former OMCS within 
the DOT to the FMCSA. Substantive regulatory standards are not being 
changed in any way. Therefore, the FMCSA finds good cause to adopt the 
rule without prior notice or opportunity for public comment [5 U.S.C. 
553(b)]. The rule imposes no new burdens and merely corrects or 
clarifies existing regulations. Therefore, good cause exists under 5 
U.S.C. 553(d) to dispense with the 30-day delay in the effective date 
requirement and the FMCSA is making the rule effective upon publication 
in the Federal Register.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FMCSA has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866 or 
significant within the meaning of Department of Transportation 
regulatory policies and procedures. Since this rulemaking action makes 
only technical corrections to the current regulations, it is 
anticipated that the economic impact of this rulemaking will be 
minimal; therefore, a full regulatory evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FMCSA has evaluated the effects of this rule on small 
entities (i.e., motor carriers). Based on the evaluation, and since the 
rule merely corrects obsolete references and places no new requirements 
on the regulated industry, the FMCSA certifies that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Unfunded Mandates Reform Act of 1995

    This rule does not impose a Federal mandate resulting in the 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more in any one year. (2 
U.S.C. 1531 et seq.).

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    We have analyzed this action under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or safety that may 
disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132, dated August 4, 1999, and 
it has been determined this action does not have a substantial direct 
effect or sufficient federalism implications on States that would limit 
the policymaking discretion of the States. Nothing in this document 
directly preempts any State law or regulation.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal programs and 
activities do not apply to this program.

Paperwork Reduction Act

    This action does not contain information collection requirements 
for purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3520.

National Environmental Policy Act

    The agency has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has 
determined that this action would not have any effect on the quality of 
the environment.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN number contained in the 
heading of this document can be used to cross reference this action 
with the Unified Agenda.

List of Subjects

49 CFR Part 325

    Commercial motor carrier and vehicle, Noise control.

49 CFR Part 355

    Highway safety, Intergovernmental relations, Motor carriers, Motor 
vehicle safety, Reporting and recordkeeping requirements.

[[Page 49869]]

49 CFR Part 356

    Administrative practice and procedure, Routing, Motor carriers.

49 CFR Part 360

    Administrative practice and procedure, Fees, Insurance, Motor 
carriers.

49 CFR Part 365

    Administrative practice and procedure, Brokers, Buses, Freight 
forwarders, Motor carriers.

49 CFR Part 366

    Administrative practice and procedure, Brokers, Freight forwarders, 
Motor carriers.

49 CFR Part 367

    Commercial motor vehicle, Financial responsibility, Motor carriers, 
Motor vehicle safety, Registration, Reporting and recordkeeping 
requirements.

49 CFR Part 370

    Administrative practice and procedure, Claims for property 
transported, Motor carriers.

49 CFR Part 371

    Administrative practice and procedure, Broker, Motor carriers, 
Reporting and recordkeeping requirements.

49 CFR Part 372

    Buses, Commercial zones, Freight forwarders, Motor carriers of 
property.

49 CFR Part 373

    Administrative practice and procedure, Buses, Freight forwarders, 
Motor carriers, Reporting and recordkeeping requirements.

49 CFR Part 374

    Baggage liability, Buses, Civil rights, Discrimination, Freight 
forwarders, Handicapped, Motor carriers.

49 CFR Part 375

    Advertising, Arbitration, Consumer protection, Freight forwarders, 
Insurance, Motor carriers, Reporting and recordkeeping requirements.

49 CFR Part 376

    Administrative practice and procedure, Motor carriers--equipment 
leasing, Reporting and recordkeeping requirements.

49 CFR Part 377

    Administrative practice and procedure, Credit, Motor carriers.

49 CFR Part 378

    Administrative practice and procedure, Claims, Freight forwarders, 
Investigations, Motor carriers.

49 CFR Part 379

    Freight forwarders, Maritime carriers, Motor carriers, Moving of 
household goods, Reporting and recordkeeping requirements.

49 CFR Part 381

    Motor carriers, Motor vehicle equipment, Waivers and exemptions, 
Pilot programs.

49 CFR Part 383

    Commercial driver's license, Motor carriers.

49 CFR 384

    Commercial driver's license, Motor carriers, Railroad--highway 
grade crossing.

49 CFR Part 385

    Administrative practice and procedure, Highway safety, Motor 
carriers, Motor vehicle safety, Reporting and recordkeeping 
requirements.

49 CFR Part 386

    Administrative practice and procedure, Hazardous materials 
transportation, Highway safety, Motor carriers, Motor vehicle safety, 
Penalties

49 CFR Part 387

    Brokers, Freight forwarders, Insurance, Motor carriers, Surety 
bonds.

49 CFR Part 388

    Administrative practice and procedure, Motor carriers.

49 CFR Part 389

    Administrative practice and procedure, Motor carriers.

49 CFR 390

    Highway safety, Motor carriers, Motor vehicle identification and 
marking, Reporting and recordkeeping.

49 CFR Part 391

    Motor carriers'driver qualifications, Reporting and recordkeeping 
requirements.

49 CFR Part 392

    Commercial motor vehicles, Motor carriers--driving practices.

49 CFR Part 393

    Motor carriers--equipment and accessories, Motor vehicle safety.

49 CFR Part 395

    Global positioning systems, Intelligent transportation systems, 
Motor carriers--driver rest and sleep requirements, Reporting and 
recordkeeping requirements.

49 CFR Part 396

    Motor carriers, Motor vehicle maintenance, Reporting and 
recordkeeping requirements.

49 CFR Part 397

    Hazardous materials transportation, Intergovernmental relations, 
Motor carriers, Reporting and recordkeeping requirements.

49 CFR Part 398

    Motor carriers--migrant labor, Motor vehicle safety, Reporting and 
recordkeeping requirements.

49 CFR Part 399

    Commercial motor vehicles, Motor carriers--occupational safety and 
health.

    For the reasons set out in the preamble, title 49 of the Code of 
Federal Regulations, chapter III is amended as follows:

PART 325--COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION 
STANDARDS

    1. Revise the authority citation for part 325 to read as follows:

    Authority: 42 U.S.C. 4917; 49 U.S.C. 301; 49 CFR 1.73.


    2. In part 325, revise all references to ``Federal Highway 
Administration'' to read ``Federal Motor Carrier Safety 
Administration.''

    3. Revise Sec. 325.13 (d)(3) to read as follows:


Sec. 325.13  Inspection and examination of motor vehicles.

* * * * *
    (d) * * *
    (3) Motor carriers must complete the ``Motor Carrier Certification 
of Action Taken'' on Form MCS-141 in accordance with the terms 
prescribed thereon. Motor carriers must return Forms MCS-141 to the 
Division Office at the address indicated on Form MCS-141, within 
fifteen (15) days following the date of the vehicle inspection.


Sec. 325.93  [Amended]

    4. Amend Sec. 325.93 as follows:
    a. Amend paragraph (b) by removing ``Associate Administrator for 
Motor Carriers'' and adding, in its place, ``Administrator''.
    b. Amend paragraph (b)(2)(i) by removing ``Associate''.

[[Page 49870]]

PART 355--COMPATIBILITY OF STATE LAWS AND REGULATIONS AFFECTING 
INTERSTATE MOTOR CARRIER OPERATIONS

    5. The authority citation for part 355 continues to read as 
follows:

    Authority: 49 U.S.C. 504 and 31101 et seq.; 49 CFR 1.73

Appendix A to Part 355--[Amended]

    6. Remove ``FHWA'' and add, in its place, ``FMCSA.''

PART 356--MOTOR CARRIER ROUTING REGULATIONS

    7. Revise the authority citation for part 356 to read as follows:

    Authority: 5 U.S.C. 553, 49 U.S.C. 13301 and 13902; and 49 CFR 
1.73.


Sec. 356.13  [Amended]

    8. Amend Sec. 356.13 by removing ``FHWA'' wherever it appears and 
adding ``FMCSA.''

PART 360--FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE

    9. Revise the authority citation for part 360 to read as follows:


    Authority: 31 U.S.C. 9701, 49 U.S.C. 13908(c) and 14504(c)(2); 
and 49 CFR 1.73.


    10. In part 360, revise all references to ``Federal Highway 
Administration'' to read ``Federal Motor Carrier Safety 
Administration'', ``FHWA'' to read ``FMCSA'', and ``Office of Motor 
Carrier Information Analysis'' to read ``Office of Data Analysis and 
Information Systems.''


Sec. 360.1  [Amended]

    11. Amend Sec. 360.1 as follows:
    a. Amend Sec. 360.1(c) by removing ``Electrostatic.''
    b. Amend Sec. 360.1(d)(2) by removing ``Chief, Licensing and 
Insurance Division'' and adding, in its place, ``Office of Data 
Analysis and Information Systems (MC-RIS).''

    12. Revise Sec. 360.3(a)(2) to read as follows:


Sec. 360.3  Filing fees.

    (a) * * *
    (2) Billing account procedure. A written request must be submitted 
to the Office of Enforcement and Compliance (MC-ECI) to establish an 
insurance service fee account.
* * * * *


Sec. 360.5  [Amended]

    13. Amend Sec. 360.5(d)(4) by removing ``FHWA-OMC'' and adding, in 
its place, ``FMCSA.''

PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

    14. Revise the authority citation for part 365 to read as follows:

    Authority: 5 U.S.C. 553 and 559; 16 U.S.C. 1456; 49 U.S.C. 
13101, 13301, 13901-13906, 14708, 31138, and 31144; and 49 CFR 1.73.


    15. In part 365, revise all references to ``Commission'' to read 
``FMCSA''; ``Commission's'' to read ``FMCSA's''; and ``ICC'' to read 
``FMCSA.''

    16. Revise Sec. 365.105 to read as follows:


Sec. 365.105  Starting the application process: Form OP-1.

    (a) All applicants shall file the appropriate form in the OP-1 
series. Form OP-1 for motor property carriers and brokers of general 
freight and household goods; Form OP-1(P) for motor passenger carriers; 
Form OP-1 (FF) for freight forwarders of household goods; Form OP-1(W) 
for water carriers and Form OP-1MX for Mexican motor property carriers. 
A separate filing fee in the amount specified at 49 CFR 360.3(f) is 
required for each type of transportation operation.
    (b) Obtain the forms at a FMCSA Division Office in each State or at 
one of the FMCSA Service Centers. Addresses and phone numbers for the 
Division Offices and Service Centers can be found at: http://www.fmcsa.dot.gov/aboutus/fieldoffs. The forms can also be downloaded 
at: http://www.fmcsa.dot.gov/factsfigs/formspubs.


Sec. 365.107  [Amended]

    17. Amend Sec. 365.107(g) Note by removing ``Regional Office'' and 
adding, in its place, ``Division Office''; and by removing 
``Regional''.


Sec. 365.109  [Amended]

    18. Amend Sec. 365.109(a)(4) by removing ``An employee board of the 
Commission appointed under Sec. 1011.6(g)'' and adding, in its place, 
``FMCSA staff.''


Sec. 365.117  [Amended]

    19. Amend Sec. 365.117 by removing the words ``Room 2229, 
Interstate Commerce Commission Building.''


Sec. 365.205  [Amended]

    20. Amend Sec. 365.205(d) by removing the words ``of this part'' 
and by removing the number ``927-7600'' and adding, in its place, 
``366-9805.''


Sec. 365.301  [Amended]

    21. Amend Sec. 365.301 by removing ``49 CFR parts 1100 1105 and 
1112 1117'' and adding, in its place, ``part 386 of this chapter.''


Sec. 365.413  [Amended]

    22. Amend Sec. 365.413 as follows:
    a. Amend the introductory text of paragraph (a) by removing the 
words ``(and not the transfer rules at 49 CFR parts 365, subpart D, 
1182, 1183 and 1186)''.
    b. Amend the introductory text of paragraph (b) by removing the 
words ``Office of the Secretary, Applications and Fees Unit, Interstate 
Commerce Commission, Washington, DC 20423'' and adding, in its place, 
``FMCSA, Office of Data Analysis and Information Systems (MC-RIS), 
Washington, DC 20590.''
    c. Amend paragraph (b)(5) by removing the reference ``49 CFR 
1002.2(f)(11)'' and adding, in its place, ``Sec. 360.3(f) of this 
chapter.''

PART 366--DESIGNATION OF PROCESS AGENT

    23. Revise the authority citation for part 366 to read as follows:

    Authority: 49 U.S.C. 13303, 13304, and 14704; and 49 CFR 1.73.


Sec. 366.5  [Amended]

    24. Amend Sec. 366.5 by removing ``Commission'' and adding, in its 
place, ``FMCSA'; and by removing ``Interstate Commerce Commission'' and 
adding, in its place, ``Federal Motor Carrier Safety Administration.''

PART 367--STANDARDS FOR REGISTRATION WITH STATES

    25. Revise the authority citation for part 367 to read as follows:

    Authority: 49 U.S.C. 13301 and 14504; and 49 CFR 1.73.

Appendix A to Part 367--[Amended]

    26. Amend Appendix A to part 367 by removing ``FHWA'' wherever it 
appears and adding, in its place, ``FMCSA.''

PART 370--PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND 
VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING 
SALVAGE

    27. Revise the authority citation for part 370 to read as follows:

    Authority: 49 U.S.C. 13301 and 14706; and 49 CFR 1.73.

[[Page 49871]]

Sec. 370.7  [Amended]

    28. Amend Sec. 370.7(b) by removing ``FHWA'' and adding, in its 
place, ``FMCSA.''

PART 371--BROKERS OF PROPERTY

    29. Revise the authority citation for part 371 to read as follows:

    Authority: 49 U.S.C. 13301, 13501, and 14122; and 49 CFR 1.73.


Sec. 371.10  [Amended]

    30. Amend Sec. 371.10 by removing ``FHWA'' and adding, in its 
place, ``FMCSA.''

PART 372--EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS

    31. Revise the authority citation for part 372 to read as follows:

    Authority: 49 U.S.C. 13504 and 13506; and 49 CFR 1.73.


Sec. 372.107  [Amended]

    32. Amend Sec. 372.107 as follows:
    a. Amend paragraphs (a) and (b) by removing ``10526(a)(5)'' and 
adding, in its place ``13506(a)(5).''
    b. Amend paragraph (e) by removing ``10521'' and adding, in its 
place, ``13501''; and by removing ``Commission's'' and adding, in its 
place, ``FMCSA's.''


Sec. 372.109  [Amended]

    33. Amend Sec. 372.109 in the introductory paragraph by removing 
``subchapter II, chapter 105, subtitle IV'' and adding ``subtitle IV, 
part B, chapter 135''; and paragraph (b) by removing ``10526(a)(5)'' 
and adding ``13506(a)(5).''


Sec. 372.231  [Amended]

    34. Amend Sec. 372.231 by removing ``of the Interstate Commerce 
Act.''

PART 373--RECEIPTS AND BILLS

    35. Revise the authority citation for part 373 to read as follows:

    Authority: 49 U.S.C. 13301 and 14706; and 49 CFR 1.73.

PART 374--PASSENGER CARRIER REGULATIONS

    36. Revise the authority citation for part 374 to read as follows:

    Authority: 49 U.S.C. 13301 and 14101; and 49 CFR 1.73.


Sec. 374.303  [Amended]

    37. Amend Sec. 374.303(g) by removing '', notwithstanding 49 CFR 
1312.1(b)(33),.''


Sec. 374.311  [Amended]

    38. Amend Sec. 374.311(b) by removing ``FHWA's Regional'' and 
adding ``FMCSA's Division.''


Sec. 374.315  [Amended]

    39. Amend Sec. 374.315 by removing the number ``11201'' and adding 
the number ``12101.''


Sec. 374.319  [Amended]

    40. Amend Sec. 374.319, in paragraphs (a) and (b), by removing 
``Federal Highway Administration'' and adding, in its place, ``Federal 
Motor Carrier Safety Administration.''


Sec. 374.403  [Amended]

    41. Amend Sec. 374.403(b) by removing ``FHWA'' and adding, in its 
place, ``FMCSA.''

PART 375--TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE OR 
FOREIGN COMMERCE

    42. The authority citation for part 375 continues to read as 
follows:

    Authority: 5 U.S.C. 553; 49 U.S.C. 13301 and 14104; and 49 CFR 
1.73.


    43. In part 375, revise all references to ``Commission'' to read 
FMCSA''; ``Interstate Commerce Commission'' to read ``Federal Motor 
Carrier Safety Administration''; and ``ICC'' to read ``FMCSA.''


Sec. 375.1  [Amended]

    44. Amend Sec. 375.1(b)(8) by removing the number ``10102'' and 
adding, in its place, ``13102.''


Sec. 375.2  [Amended]

    45. Amend Sec. 375.2(b)(1) and (b)(2) by removing ``Compliance and 
Enforcement'' and adding ``Enforcement and Compliance.''


Sec. 375.5  [Amended]

    46. Amend Sec. 375.5 in the introductory text of paragraph (a) by 
removing ``mimunum'' and adding ``minimum.''


Sec. 375.17  [Amended]

    47. Amend Sec. 375.17(b) by removing ``I.C.C.'' and adding, in its 
place, FMCSA.''


Sec. 375.18  [Amended]

    48. Amend Sec. 375.18 as follows:
    a. Amend paragraphs (a) and (b) by removing Compliance and 
Enforcement and adding Enforcement and Compliance.
    b. Amend paragraphs (a) and (b) by removing the number ``20423-
0001'' and adding ``20590''.
    c. Amend paragraph (b) by removing ``ICC'' and adding, in its 
place, ``USDOT or ICCMC''; and removing ``Year Ended December 31, 19--
'', in the heading, and adding ``YEAR ENDED DECEMBER 31, 20--.''
    d. Amend paragraphs (b) and (c) by removing ``ICC Annual Report'' 
and adding, in its place, ``Annual Performance Report.''

PART 376--LEASE AND INTERCHANGE OF VEHICLES

    49. Revise the authority citation for part 376 to read as follows:

    Authority: 49 U.S.C. 13301 and 14102; and 49 CFR 1.73.


    50. In part 376, revise all references to ``FHWA'' to read 
``FMCSA.''

PART 377--PAYMENT OF TRANSPORTATION CHARGES

    51. Revise the authority citation for part 377 to read as follows:

    Authority: 49 U.S.C. 13101, 13301, 13701, 13702, 13706, 13707, 
and 14101; and 49 CFR 1.73.


Sec. 377.201  [Amended]

    52. Amend Sec. 377.201(a) by removing ``Federal Highway 
Administration'' and adding, in its place, ``Federal Motor Carrier 
Safety Administration.''


Sec. 377.215  [Amended]

    53. Amend Sec. 377.215 as follows:
    a. Amend paragraph (c)(2) by removing ``of.''
    b. Amend paragraph (c)(3)(iii) by removing ``Commission'' and 
adding, in its place, ``FMCSA.''

PART 378--PROCEDURES GOVERNING THE PROCESSING, INVESTIGATION, AND 
DISPOSITION OF OVERCHARGE, DUPLICATE PAYMENT, OR OVERCOLLECTION 
CLAIMS

    54. Revise the authority citation for part 378 to read as follows:

    Authority: 49 U.S.C. 13321, 14101, 14704 and 14705; and 49 CFR 
1.73.

PART 379--PRESERVATION OF RECORDS

    55. Revise the authority citation for part 379 to read as follows:

    Authority: 49 U.S.C. 13301, 14122 and 14123; and 49 CFR 1.73.

Appendix A to Part 379--[Amended]

    56. Amend Appendix A to part 379, in Item K, by removing ``Federal 
Highway Administration'' and adding, in its place, ``Federal Motor 
Carrier Safety Administration.''

[[Page 49872]]

PART 381--WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS

    57. Revise the authority citation for part 381 to read as follows:

    Authority: 49 U.S.C. 31136(e) and 31315; and 49 CFR 1.73.

    58. In part 381:
    a. Revise all references to ``FHWA'' to read ``FMCSA.''
    b. Revise ``Federal Highway Administration'' to read ``Federal 
Motor Carrier Safety Administration'';
    c. Revise ``Federal Highway Administrator'' to read ``Federal Motor 
Carrier Safety Administrator'';
    d. Revise ``Office of Motor Carrier and Highway Safety'' to read 
``Federal Motor Carrier Safety Administration''; and
    e. Revise ``Office of Motor Carrier Research and Standards'' to 
read ``Office of Bus and Truck Standards and Operations''.


Sec. 381.200  [Amended]

    59. Amend Sec. 381.200(d)(3) by removing ``385.21'' and adding 
``390.19.''


Sec. 381.210  [Amended]

    60. Amend Sec. 381.210(c)(4) by removing ``level a safety'' and 
adding ``level of safety.''

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND 
PENALTIES

    61. Revise the authority citation for part 383 to read as follows:

    Authority: 49 U.S.C. 31136, 31301 et seq., and 31502; and 49 CFR 
1.73.


Sec. 383.5  [Amended]

    62. Amend Sec. 383.5 as follows:
    a. Remove the words ``Federal Highway'' and add, in its place, 
``Federal Motor Carrier Safety'' in the definition of Administrator.
    b. Remove ``FHWA'' and add, in its place, ``FMCSA'' in the 
definitions of Commercial driver's license information system (CDLIS) 
and Disqualification.


Sec. 383.53  [Amended]

    63. Amend Sec. 383.53 as follows:
    a. Amend paragraph (b)(1) by removing ``$1,000 nor more than 
$2,500'' and adding ``$1,100 nor more than $2,750.''
    b. Amend paragraph (b)(2) by removing ``$2,500 nor more than 
$10,000'' and adding ``$2,750 nor more than $11,000.''

    64. Revise Sec. 383.72 to read as follows:


Sec. 383.72  Implied consent to alcohol testing.

    Any person who holds a CDL is considered to have consented to such 
testing as is required by any State or jurisdiction in the enforcement 
of Secs. 383.51(b)(2)(i) and 392.5(a)(2) of this chapter. Consent is 
implied by driving a commercial motor vehicle.

    65. Amend Sec. 383.73 as follows:
    a. Amend paragraph (a)(3)(iii), introductory text, by removing the 
words '', when it is determined to be operational by the National 
Highway Traffic Safety Administrator.''
    b. Revise paragraph (a)(4) to read as follows:


Sec. 383.73  State procedures.

    (a) * * *
    (4) Require the driver applicant to surrender his/her driver's 
license issued by another State, if he/she has moved from another 
State.
* * * * *


Sec. 383.75  [Amended]

    66. Amend Sec. 383.75(a)(2)(i) by removing ``FHWA'' and adding, in 
its place, ``FMCSA.''

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

    67-68. Revise the authority citation for part 384 to read as 
follows:

    Authority: 49 U.S.C. 31136, 31301 et seq., and 31502; and 49 CFR 
1.73.


    69. In part 384, revise all references to ``FHWA'' to read 
``FMCSA'' and ``Federal Highway'' to read ``Federal Motor Carrier 
Safety.''


Sec. 384.303  [Removed and Reserved]

    70. Remove and reserve Sec. 384.303.


Sec. 384.305  [Amended]

    71. Amend Sec. 384.305(a) by removing ``Office of Motor Carriers.''

PART 385--SAFETY FITNESS PROCEDURES

    72. The authority citation for part 385 continues to read as 
follows:

    Authority: 49 U.S.C. 113, 504, 521(b)(5)(A) and (b)(8), 5113, 
31136, 31144, 31502; and 49 CFR 1.73.

    73. In part 385, revise all references to ``FHWA'' and ``FHWA's'' 
to read ``FMCSA'' and all references to ``Federal Highway 
Administration'' to read ``Federal Motor Carrier Safety 
Administration.''

    74. Amend Sec. 385.19 as follows:
    a. Amend paragraph (b) by removing ``DOT'' and adding ``USDOT'; and 
by removing ``ICC'' and adding, in its place, ``ICCMC'.
    b. Revise paragraph (c) to read as follows:


Sec. 385.19  Safety fitness information.

* * * * *
    (c) Requests should be addressed to the Office of Data Analysis and 
Information Systems (MC RIS), Federal Motor Carrier Safety Safety 
Administration, 400 Seventh Street, SW., Washington, DC 20590. The 
information can also be found at the SAFER website: http://www.safersys.org.
* * * * *

Appendix B to Part 385--[Amended]

    75. Amend paragraph (d), introductory text, by removing ``Office of 
Motor Carriers.''

PART 386--RULES OF PRACTICE FOR MOTOR CARRIER, BROKER, FREIGHT 
FORWARDER, AND HAZARDOUS MATERIALS PROCEEDINGS

    76. The authority citation for part 386 continues to read as 
follows:

    Authority: 49 U.S.C. 113, chapters 5, 51, 59, 131-141, 145-149, 
311, 313, and 315; sec. 206, Pub. L. 106-159, 113 Stat. 1763; and 49 
CFR 1.45 and 1.73.


Sec. 386.37  [Amended]

    77. Amend Sec. 386.37 by removing the word ``fequency'' and adding, 
in its place, ``frequency.''

    78. Revise the introductory text of Sec. 386.54(b) to read as 
follows:


Sec. 386.54  Administrative law judge.

* * * * *
    (b) Power and duties. The administrative law judge has power to 
take any action and to make all needful rules and regulations to govern 
the conduct of the proceedings to ensure a fair and impartial hearing, 
and to avoid delay in the disposition of the proceedings. The powers of 
the administrative law judge include the following:
* * * * *

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

    79. Remove the authority citations from part 387, subparts C and D, 
and revise the authority citation for part 387 to read as follows:

    Authority: 49 U.S.C. 13101, 13301, 13906, 14701, 31138, and 
31139; and 49 CFR 1.73.


    80. In part 387:

[[Page 49873]]

    a. Revise all references to ``Federal Highway Administration'' to 
read ``Federal Motor Carrier Safety Administration'';
    b. Revise ``FHWA'' to read ``FMCSA'';
    c. Revise ``FHWA's'' to read ``FMCSA's'';
    d. Revise ``Interstate Commerce Commission'' to read ``Federal 
Motor Carrier Safety Administration'';
    e. Revise ``Commission'' to read ``FMCSA'';
    f. Revise ``Commission's'' to read ``FMCSA's''; and
    g. Revise ``ICC'' to read ``FMCSA'' and ``ICC's'' to read 
``FMCSA's.''


Sec. 387.7  [Amended]

    81. Amend Sec. 387.7(d)(3) as follows:
    a. Remove ``Sec. 1043.5 of this title'' and add, in its place, 
``Sec. 387.309.''
    b. Remove ``part 385 of this title'' and add, in its place, ``part 
385 of this chapter.''


Sec. 387.15  [Amended]

    82. Amend Sec. 387.15 as follows:
    a. Amend Illustration I and Illustration II by removing the words 
``or the ICC.''
    b. Amend Illustration I by removing the following: ``and the 
Interstate Commerce Commission (ICC).''
    c. Amend Illustration II by removing ``49 U.S.C. 10927 note'' and 
adding, in its place, ``49 U.S.C. 13906.''
    d. Amend Illustration II by removing the following:
    ``(3) Rules and Regulations of the Interstate Commerce Commission 
(ICC).''


Sec. 387.17  [Amended]

    83. Amend Sec. 387.17 as follows:
    a. Remove ``$10,000'' and add, in its place, ``$11,000.''
    b. Remove ``Associate.''
    c. Remove ``for Motor Carriers.''


Sec. 387.41  [Amended]

    84. Amend Sec. 387.41 as follows:
    a. Remove ``$10,000'' and add, in its place, ``$11,000.''
    b. Remove ``Associate.''
    c. Remove ``for Motor Carriers.''


Sec. 387.301  [Amended]

    85. Amend Sec. 387.301(a)(1), (b), and (c) as follows:
    a. Remove ``subchapter II, chapter 105, subtitle IV'' and add, in 
its place, ``Subtitle IV, part B, chapter 135''.
    b. Remove ``10927, subchapter II, chapter 109, subtitle IV'' and 
add, in its place, the number ``13906.''


Sec. 387.307  [Amended]

    86. Amend Sec. 387.307(c) by removing ``Interstate Commerce Act'' 
and adding, in its place, ``ICC Termination Act.''


Sec. 387.311  [Amended]

    87. Amend Sec. 387.311(c) by removing the words ``or the Department 
of Transportation.''


Sec. 387.313  [Amended]

    88. Amend Sec. 387.313 as follows:
    a. Amend paragraph (a)(3) by removing ``Sec. 1043.2(c)'' and 
adding, in its place, ``Sec. 387.303(c).''
    b. Amend paragraph (a)(5) by removing ``Sec. 1043.2(b)(1)'' and 
adding, in its place, ``Sec. 387.303(b)(1).''
    c. Remove, at the end of Sec. 387.313, the following:
    ``Cross Reference: For forms prescribed, see Sec. 1003(b) of this 
chapter.''


Sec. 387.321  [Amended]

    89. Amend Sec. 387.321 by removing the words ``this Commission'' 
and adding, in its place, the words ``the FMCSA.''

    90. Revise Sec. 387.323(c), introductory text, to read as follows:


Sec. 387.323  Electronic filing of surety bonds, trust fund agreements, 
certificates of insurance and cancellations.

* * * * *
    (c) Filings may be transmitted online via the Internet at: http://fhwa-li.volpe.dot.gov or via American Standard Code Information 
Interchange (ASCII). All ASCII transmission must be in fixed format, 
i.e., all records must have the same number of fields and same length. 
The record layouts for ASCII electronic transactions are described in 
the following table:
* * * * *

PART 388--COOPERATIVE AGREEMENTS WITH STATES

    91. Revise the authority citation for part 388 to read as follows:

    Authority: 49 U.S.C. 113 and 502; 49 CFR 1.73.


    92. In part 388, revise all references to ``Federal Highway 
Administration'' to read ``Federal Motor Carrier Safety 
Administration''; ``Regional Director of Motor Carrier Safety'' to read 
``Division Administrator or State Director.''


Sec. 388.1  [Amended]

    93. Amend Sec. 388.1 by removing the number ``20591'' and adding 
the number ``20590.''


Sec. 388.5  [Amended]

    94. Amend Sec. 388.5(a) by removing ``Office of Motor Carriers''.

PART 389--RULEMAKING PROCEDURES--FEDERAL MOTOR CARRIER SAFETY 
REGULATIONS

    95. Revise the authority citation for part 389 to read as follows:

    Authority: 49 U.S.C. 113, 501 et seq., 31101 et seq., 31138, 
31139, 31301 et seq., and 31502; 42 U.S.C. 4917; and 49 CFR 1.73.

    96. In part 389, revise all references to ``Federal Highway'' to 
read ``Federal Motor Carrier Safety.''

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

    97. The authority citation for part 390 continues to read as 
follows:

    Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502, 
31504; sec. 204, Pub. L. 104-88, 109 Stat 803, 941 (49 U.S.C. 701 
note); and 49 CFR 1.73.

    98. In part 390:
    a. Revise all references to ``Regional Director of Motor Carriers'' 
to read ``FMCSA Field Administrator'';
    b. Revise ``Federal Highway'' to read ``Federal Motor Carrier 
Safety''; and
    c. Revise ``FHWA'' to read ``FMCSA.''


Sec. 390.5  [Amended]

    99. Amend Sec. 390.5 as follows:
    a. Remove ``region'' and add, in its place, ``geographical area'' 
in paragraph (1), in the definition of Emergency.
    b. Remove the words ``by the FHWA in 49 CFR part 372, subpart B. 
The descriptions are printed'';
    c. Remove ``Sec. 391.2(d)'' and add, in its place, ``Sec. 391.62'' 
in the definition of Exempt intracity zone.
    d. Remove the words ``Interstate Commerce Commission (ICC) under 49 
U.S.C. 10526'' and add, in its place, ``Federal Motor Carrier Safety 
Administration (FMCSA) under 49 U.S.C. 13506'' in the definition of 
Exempt motor carrier.
    e. Remove ``Director of the Office of Motor Carriers'' and add, in 
its place, ``Field Administrator''; and, remove ``region'' and add 
``area'' in the definition of Regional Director of Motor Carriers.


Sec. 390.16  [Amended]

    100. Remove ``Sec. '' from ``Secs. 390.16 [Reserved]''


Sec. 390.19  [Amended]

    100a. Remove paragraph (a)(4) of Sec. 390.19.

PART 391--QUALIFICATIONS OF DRIVERS

    101. The authority citation for part 391 continues to read as 
follows:


[[Page 49874]]


    Authority: 49 U.S.C. 322, 504, 31133, 31136, and 31502; 49 CFR 
1.73.

    102. In part 391:
    a. Revise all references to ``FHWA'' to read ``FMCSA''; and
    b. Revise ``Federal Highway Administration'' to read ``Federal 
Motor Carrier Safety Administration''.


Sec. 391.31  [Amended]

    103. Amend Sec. 391.31(f) by removing ``19'' and adding ``20.''


Sec. 391.47  [Amended]

    104. Amend Sec. 391.47, paragraphs (c), (d)(1), (d)(2) and (f) by 
removing ``Office of Motor Carrier Research and Standards'' and adding, 
in its place, ``Office of Bus and Truck Standards and Operations (MC 
PSD).''


Sec. 391.51  [Amended]

    105. Amend Sec. 391.51(b)(8) by removing ``Regional Director of 
Motor Carriers'' and adding, in its place, ``Field Administrator, 
Division Administrator, or State Director.''

PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES

    106. Revise the authority citation for part 392 to read as follows:

    Authority: 49 U.S.C. 31136 and 31502; and 49 CFR 1.73.

Sec. 392.2  [Amended]

    107. Amend Sec. 392.2 by removing ``Federal Highway 
Administration'' and adding in its place, ``Federal Motor Carrier 
Safety Administration.''


Sec. 392.5  [Amended]

    108. Amend Sec. 392.5(d)(2) and (e) as follows:
    a. Remove ``Regional Director of Motor Carriers for the Region'' 
and add, in its place, ``Division Administrator or State Director for 
the geographical area'';
    b. Remove ``Regional Director of Motor Carriers'' and add, in its 
place, ``Division Administrator or State Director''; and
    c. Remove ``Associate.''


Sec. 392.7  [Amended]

    109. Amend Sec. 392.7 by removing ``thereof shall have satisfied 
himself/herself'' and adding, in its place, ``is satisfied.''

PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

    110. The authority citation for part 393 continues to read as 
follows:

    Authority: Sec. 1041(b) of Public Law 102-240, 105 Stat. 1914; 
49 U.S.C. 31136 and 31502; 49 CFR 1.73.


    111. In part 393, revise all references to ``Federal Highway 
Administration'' to read ``Federal Motor Carrier Safety 
Administration'' and ``FHWA'' to read ``FMCSA.''


Sec. 393.47  [Amended]

    112. Amend Sec. 393.47 by removing ``lining n every'' and adding, 
in its place, ``lining in every.''


Sec. 393.80  [Amended]

    113. Amend Sec. 393.80(b)(3) by removing ``(49 U.S.C. 3102; 49 CFR 
1.48).

PART 395--HOURS OF SERVICE OF DRIVERS

    114. Revise the authority citation for part 395 to read as follows:

    Authority: 49 U.S.C. 31133, 31136, and 31502; sec. 345 of Pub. 
L. 104-59, 109 Stat. 568, 613; and 49 CFR 1.73.


    115. In part 395, revise all references to ``Federal Highway 
Administration'' to read ``Federal Motor Carrier Safety 
Administration'' and ``FHWA'' to read ``FMCSA.''


Sec. 395.3  [Amended]

    116. Amend Sec. 395.3(a), introductory text, by removing 
``395.1(i)'' and adding, in its place, ``395.1(h).''


Sec. 395.13  [Amended]

    117. Amend Sec. 395.13(c)(2) by removing ``Regional Director of 
Motor Carriers'' and adding, in its place, ``Division Administrator or 
State Director.''

PART 396--INSPECTION, REPAIR, AND MAINTENANCE

    118. Revise the authority citation for part 396 to read as follows:

    Authority: 49 U.S.C. 31133, 31136, and 31502; and 49 CFR 1.73.

    119. In part 396, revise all references to ``FHWA'' to read 
``FMCSA.''

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

    120. Revise the authority citation for part 397 to read as follows:

    Authority: 49 U.S.C. 322; 49 CFR 1.73. Subpart A also issued 
under 49 U.S.C. 31136 and 31502; Subparts C, D, and E also issued 
under 49 U.S.C. 5112 and 5125.


    121. In part 397, revise all references to ``Federal Highway'' to 
read ``Federal Motor Carrier Safety'' and ``FHWA'' to read ``FMCSA.''


Sec. 397.71  [Amended]

    122. Amend Sec. 397.71, in footnote 1, by removing ``Safety 
Technology and Information Management Division, HHS-10'' and adding, in 
its place, ``Office of Enforcement and Compliance (MC-ECH).''


Sec. 397.73  [Amended]

    123. Amend Sec. 397.73(b) by removing ``HHS-30'' and adding, in its 
place, ``Office of Enforcement and Compliance (MC-ECH).''


Sec. 397.75  [Amended]

    124. Amend Sec. 397.75(b)(1) by removing ``HCC-10, Docket Room, 
Hazardous Materials Routing Dispute Resolution Docket'' and adding, in 
its place, ``Office of the Chief Counsel (MC-CC).''

    125. Amend Sec. 397.101 by revising the introductory text of 
paragraph (g) to read as follows:


Sec. 397.101  Requirements for motor carriers and drivers.

* * * * *
    (g) Except for packages shipped in compliance with the physical 
security requirements of the U.S. Nuclear Regulatory Commission in 10 
CFR part 73, each carrier who accepts for transportation a highway 
route controlled quantity of Class 7 (radioactive) material (see 49 CFR 
173.401(l)), must, within 90 days following the acceptance of the 
package, file the following information concerning the transportation 
of each such package with the Office of Enforcement and Compliance (MC-
ECH), Federal Motor Carrier Safety Administration, 400 Seventh Street, 
SW., Washington, DC 20590-0001:
* * * * *

    126. Revise Sec. 397.103(c) and (d) to read as follows:


Sec. 397.103  Requirements for State routing designations.

* * * * *
    (c) A State-designated route is effective when--
    (1) The State gives written notice by certified mail, return 
receipt requested, to the Office of Enforcement and Compliance (MC-
ECH), Attn: National Hazardous Materials Route Registry, 400 Seventh 
Street, SW., Washington, DC 20590.
    (2) Receipt thereof is acknowledged in writing by the FMCSA.
    (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

[[Page 49875]]

available upon request to Office of Enforcement and Compliance (MC-
ECH), 400 Seventh Street, SW., Washington, DC 20590.


Sec. 397.205  [Amended]

    127. Amend Sec. 397.205(b)(1) by removing ``HCC-10 Docket Room,'' 
and adding, in its place, ``Office of the Chief Counsel (MC-CC).''


Sec. 397.213  [Amended]

    128. Amend Sec. 397.213(b)(1) by removing ``HCC-10 Docket Room'' 
and adding, in its place, ``Office of the Chief Counsel (MC-CC).''

PART 398--TRANSPORTATION OF MIGRANT WORKERS

    129. Revise the authority citation for part 398 to read as follows:

    Authority: 49 U.S.C. 31501 and 31502; and 49 CFR 1.73.


    130. In part 398, revise all references to ``Federal Highway 
Administration'' to read ``Federal Motor Carrier Safety 
Administration.''

PART 399--EMPLOYEE SAFETY AND HEALTH STANDARDS

    131. Revise the authority citation for part 399 to read as follows:

    Authority: 49 U.S.C. 31502; and 49 CFR 1.73.

    132. Amend Appendix B as follows:
    a. Remove all references to ``Federal Highway Administration'' and 
add, in its place ``Federal Motor Carrier Safety Administration'';
    b. Remove all references to ``FHWA'' and add, in its place, 
``FMCSA'';
    c. Remove all references to ``Office of Motor Carriers'' and add, 
in its place, ``Federal Motor Carrier Safety Administration'';
    d. Remove all references to ``Associate Administrator for Motor 
Carriers'' and add, in its place, ``Administrator''; and
    e. Revise paragraph 3:
    f. Revise the authority citation following paragraph 4.
    The revisions read as follows:

APPENDIX B TO SUBCHAPTER B--SPECIAL AGENTS

* * * * *
    3. Definition of Special Agent. Special agents are Federal Motor 
Carrier Safety Administration (FMCSA) employees who are identified by 
credentials issued by the FMCSA authorizing them to enforce 42 U.S.C. 
4917 and to exercise relevant authority of the Secretary of 
Transportation under 49 U.S.C. 113, chapters 5, 51, 57, 131-149, 311, 
313, and 315 and other statutes, as delegated to FMCSA by 49 CFR 1.73, 
and under regulations issued on the authority of those statutes. 
Special agents are authorized to inspect and copy records and to 
inspect and examine land, buildings, and equipment in the manner and to 
the extent provided by law.
    4. * * *

``(49 U.S.C. 504, 5121, 14122, 31502 and 31503; and 49 CFR 1.73).''

APPENDIX F TO SUBCHAPTER B--COMMERCIAL ZONES

    133. Amend Appendix F as follows:
    a. Revise the note at the beginning of appendix F to read as 
follows:

    ``Note: The text of these definitions is identical to the text 
of 49 CFR Part 1048, revised as of October 1, 1975, which is no 
longer in print.''


    b. Amend Sec. 3 St. Louis, Mo.-East St. Louis, Ill. by removing 
``easternboundaries'' and adding, in its place, ``eastern boundaries.''
    c. Amend Sec. 4 Washington, DC, in the second paragraph, by 
removing ``extendingnortheasterly'' and adding, in its place, 
``extending northeasterly''; and removing ``thencenortherly'' and 
adding, in its place, ``thence northerly.''

Appendix G to Subchapter B--Minimum Periodic Inspection Standards

    134. Amend Appendix G to Subchapter B by revising all references to 
``FHWA'' to read ``FMCSA.''

    Issued on: September 25, 2001.
Stephen E. Barber,
Associate Administrator for Enforcement and Program Delivery.
[FR Doc. 01-24432 Filed 9-28-01; 8:45 am]
BILLING CODE 4910-EX-P