[Federal Register Volume 68, Number 189 (Tuesday, September 30, 2003)]
[Rules and Regulations]
[Pages 56196-56208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24736]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 365, 374, 387, 391, 393, and 396


Motor Carrier Safety Regulations; Miscellaneous Technical 
Amendments

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

ACTION: Final rule; miscellaneous technical amendments.

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SUMMARY: This rule makes technical amendments to the Federal Motor 
Carrier Safety Regulations (FMCSRs). These technical amendments were 
needed to correct inadvertent errors and omissions, update mailing 
addresses, remove obsolete references, and make minor editorial changes 
to improve clarity and consistency. No substantive changes have been 
made to the FMCSRs. The corrections are minor and will not have a 
significant impact on a substantial number of small entities.

DATE: The technical amendments in this final rule are effective 
September 30, 2003.

FOR FURTHER INFORMATION CONTACT: Ms. Janet Nunn, Office of Policy Plans 
and

[[Page 56197]]

Regulations (MC-PRR), U.S. Department of Transportation, FMCSA, 400 
Seventh Street, SW., Washington, DC 20590-0001. Telephone (202) 366-
2797, or e-mail [email protected].

SUPPLEMENTARY INFORMATION: 

Availability of Final Rule Technical Amendments

    You can view, print, and download an electronic copy of this 
document in PDF or HTML formats through FMCSA's Web site: http://www.fmcsa.dot.gov/rulesregs, or the Federal Register's Web site at 
http://www.gpoaccess.gov.

Summary of Technical Amendments

    FMCSA has made the following technical corrections to the Federal 
Motor Carrier Safety Regulations (FMCSRs) contained in Title 49 of the 
Code of Federal Regulations (CFR), chapter III, subchapter B.
    Section 365.405(a): ``Federal Motor Carrier Safety Administration, 
Licensing Division'' is corrected to read ``FMCSA, Licensing Team;'' 
``Regional Director for the Region(s)'' is corrected to read ``Field 
Administrator for the Service Center(s);'' and ``1002.2(f)(25)'' is 
corrected to read ``360.3(f)(8).'' Section 365.411(b), ``Division'' is 
corrected to read ``Team.'' Section 365.413(b), ``Office of Data 
Analysis and Information Systems'' is corrected to read ``Licensing 
Team.'' Section 365.505(b)(3), ``unbvtil'' is corrected to read 
``until.''
    Section 374.303(a), ``carriers'' is corrected to read ``carrier.''
    Section 387.303, paragraph (b)(2) table, column 1, paragraph (d), 
``10,000'' is corrected to read ``10,001'' to be consistent with other 
sections in the table. In Sec.  387.309, ``B.M.C.'' is corrected to 
read ``BMC.'' In Sec.  387.311(b), ``B.M.C. 83'' and ``B.M.C. 34'' are 
corrected to read ``BMC 83'' and ``BMC 34.''
    In Sec.  391.43(f), the date on which existing physical examination 
forms may no longer be used ``November 6, 2001'' has been updated. In 
the ``Instructions For Performing and Recording Physical Examinations'' 
and the ``Medical Examination Report for Commercial Driver Fitness 
Determination,'' both codified after Sec.  391.43(f), the information 
on blood pressure has been revised to incorporate the recommendations 
on hypertension included in a report prepared for FMCSA, entitled 
Cardiovascular Advisory Panel Guidelines for the Medical Examination of 
Commercial Motor Vehicle Drivers (October 2002). The report, which has 
been posted on the FMCSA website for several months, represents the 
current medical consensus and state of the art in evaluating and 
treating hypertension.
    In Sec.  393.5, definition of ``g,'' the figure ``9.823'' is 
corrected to read ``9.81.'' In Sec.  393.106(a), the reference to 
``Sec.  393.122 through Sec.  393.142'' is corrected to read Sec. Sec.  
393.116 through 393.136.''
    Section 396.9, paragraphs (b) and (c)(2), the report form ``Driver 
Equipment and Compliance Check'' has been renamed the ``Driver Vehicle 
Examination Report'' to conform with industry terminology and for 
uniformity in reporting.

Regulatory Analyses and Notices

Administrative Procedure Act (APA)

    The APA provides exceptions to its notice and public comment 
procedures when an agency finds there is good cause for dispensing with 
such procedures on the basis that they are ``impracticable, 
unnecessary, or contrary to the public interest.'' See 5 U.S.C. 553(b). 
FMCSA has determined that notice and comment on these amendments are 
unnecessary.
    The amendments to Part 365 involve four changes to the names of 
FMCSA offices; one change to replace an obsolete CFR citation which was 
recodified after the Interstate Commerce Commission's remaining 
functions were transferred to DOT; and one spelling correction. Because 
these changes make ministerial corrections or update references, but do 
not impose added burdens or alter any rights or obligations, the agency 
has determined that notice and comment are unnecessary.
    The definition of ``Carrier'' in Sec.  374.303(a) now reads: ``a 
motor passenger common carriers.'' The plural ``carriers'' is changed 
to the singular ``carrier'' to match the term being defined. This has 
no effect on the underlying rule, and FMCSA has determined that notice 
and comment are therefore unnecessary.
    In part 387, three references to ``B.M.C.,'' meaning Bureau of 
Motor Carriers, are changed to ``BMC,'' the current preferred 
abbreviation of that term. The underlying rule is unchanged, and the 
agency has determined that notice and comment are unnecessary.
    In Sec.  391.43(f), the date after which existing physical 
examination forms could no longer be used (November 6, 2001) has been 
extended to September 2004. This is being done because it came to the 
agency's attention that stocks of the previous forms still exist. 
Allowing their continued use will save the expense of discarding these 
forms and buying new ones. The medical examination itself is the same, 
whatever the form used to record the results. FMCSA has therefore 
determined that notice and comment are not required.
    In the ``Instructions For Performing and Recording Physical 
Examinations'' and the ``Medical Examination Report for Commercial 
Driver Fitness Determination,'' both codified after Sec.  391.43(f), 
the information on blood pressure has been revised to incorporate the 
recommendations on hypertension included in a report prepared for 
FMCSA, entitled Cardiovascular Advisory Panel Guidelines for the 
Medical Examination of Commercial Motor Vehicle Drivers (October 2002). 
The report, which has been posted on the FMCSA website for several 
months, represents the current medical consensus and state of the art 
in evaluating and treating hypertension. FMCSA has determined that 
notice and comment on these changes are unnecessary, because both the 
``Instructions'' for dealing with high blood pressure and the 
corresponding ``Guidelines'' printed on the exam form are simply 
recommendations to the medical examiner. They represent the agency's 
summary of current medical thinking, but are neither part of the 
medical standard for blood pressure [see Sec.  391.41(b)(6)] nor 
binding on the medical examiner.
    In Part 393.5, the definition of ``g,'' the symbol for the 
acceleration of gravity, is corrected from 9.823 meters per second 
squared to 9.81 meters per second squared. FMCSA finds that notice and 
comment are unnecessary to correct this error. The reference in Sec.  
393.106(a) to ``the commodity-specific rules of Sec.  393.122 through 
Sec.  393.142'' is erroneous because it refers to section numbers used 
in a previous draft of Subpart I (Protection Against Shifting and 
Falling Cargo). The final rule codified the commodity-specific 
regulations at Sec.  393.116 through Sec.  393.136, and Sec.  
393.106(a) is therefore changed accordingly. Because this amendment 
clarifies a cross-reference but does not change any regulatory 
requirement, FMCSA finds that notice and comment are unnecessary.
    In Sec.  396.9(b) and (c)(2), the inspection report entitled 
``Driver Equipment Compliance Check'' has been renamed the ``Driver 
Vehicle Examination Report.'' Because the substance of the inspection 
report has not been changed, FMCSA has determined that notice and 
comment are unnecessary.
    These technical amendments have no significant impact on a 
substantial number of small entities. The amendments merely correct 
inadvertent errors and omissions, update mailing addresses, remove 
obsolete references,

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and make minor editorial changes to improve clarity and consistency. 
They do not impose new requirements. As explained above, FMCSA has 
determined that prior notice and opportunity for comment on these 
changes are unnecessary. For the same reasons, the agency finds good 
cause under 5 U.S.C. 553(d)(3) to make these amendments effective upon 
publication.

Executive Order 12866 and DOT Regulatory Policies and Procedures

    FMCSA does not consider this rule to be a ``significant regulatory 
action'' under Executive Order 12866, Regulatory Planning and Review, 
or within the meaning of DOT regulatory policies and procedures. 
Therefore, it does not require review by the Office of Management and 
Budget.

Regulatory Flexibility Act of 1980 (RFA)

    FMCSA has reviewed the technical amendments rule, and certifies 
that this rule will not have a significant economic impact on a 
substantial number of small entities.

Unfunded Mandates Reform Act

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any year and it will not significantly or uniquely 
affect small governments. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Federalism

    This rule will not have 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. Therefore, in accordance with Executive Order 
13132, we have determined that this rule does not have federalism 
implications.

Taking of Private Property

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

Civil Justice Reform

    This rule meets applicable standards in section 3 of Executive 
Order 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule 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 risk to safety that may 
disproportionately affect children.

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 action.

Information Collection

    This rule contains no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Environment

    We have analyzed this action for purposes of the National 
Environmental Policy Act (NEPA) and have determined that this action 
does not have any effect on the quality of the environment.

Energy Impact

    We have determined that this rule is not a major regulatory action 
under the provisions of the Energy Policy and Conservation Act (EPCA).

Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)

    This final rule is not a major rule as defined by section 804 of 
SBREFA. This rule will not result in annual effect on the economy of 
$100 million or more; a major increase in costs or prices; or 
significant adverse effects on competition, employment, investment, 
productivity, or innovation. This rule is also exempt from 
congressional review under 5 U.S.C. 801 et seq., as added by SBREFA, 
since it involves ministerial technical corrections to existing 
regulations.

List of Subjects

49 CFR Part 365

    Administrative practice and procedure, Brokers, Buses, Freight 
forwarders, Motor carriers, Moving of household goods.

49 CFR Part 374

    Aged, Blind, Buses, Civil rights, Freight, Individuals with 
disabilities, Motor Carriers, Smoking.

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 391

    Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor 
carriers, Reporting and recordkeeping requirements, Safety, 
Transportation

49 CFR Part 393

    Highway safety, Motor carriers, Motor vehicle safety.

49 CFR Part 396

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


0
For the reasons stated in the preamble, FMCSA amends 49 CFR chapter 
III, subchapter B, as set forth below.

PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

0
1. The authority citation for part 365 continues 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; 49 CFR 1.73.


Sec.  365.405  [Amended]

0
2. Amend Sec.  365.405(a)(1) by removing ``Federal Motor Carrier Safety 
Administration, Licensing Division'' and add, in its place, ``FMCSA, 
Licensing Team;''


Sec.  365.411  [Amended]

0
3. Amend Sec.  365.411(b) by removing ``Division'' and add, in its 
place, ``Team.''


Sec.  365.413  [Amended]

0
4. Amend Sec.  365.413(b) by removing ``Office of Data Analysis and 
Information'' and add, in its place, ``Licensing Team.''


Sec.  365.505  [Amended]

0
5. Amend Sec.  365.505(b)(3) by removing ``unbvtil'' and add, in its 
place, ``until.''

PART 374--PASSENGER CARRIER REGULATIONS

0
6. The authority citation for part 374 continues to read as follows:

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


Sec.  374.303  [Amended]

0
7. Amend Sec.  374.303(a) by removing the word ``carriers'' and add, in 
its place, ``carrier.''

[[Page 56199]]

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

0
8. The authority citation for part 387 continues to read as follows:

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


Sec.  387.303  [Amended]

0
9. Amend Sec.  387.303, paragraph (b)(2) table, column 1, in paragraph 
(d), by removing ``10,000'' and add, in its place, ``10,001.''


Sec.  387.309  [Amended]

0
10. Amend Sec.  387.309(a) by removing ``B.M.C.'' and add, in its 
place, ``BMC.''


Sec.  387.311  [Amended]

0
11. Amend Sec.  387.311(b) by removing ``B.M.C.'' wherever it appears 
and add, in its place, ``BMC.''

PART 391--QUALIFICATIONS OF DRIVERS

0
12. The authority citation for part 391 continues to read as follows:

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


Sec.  391.43  [Amended]

0
13. Amend Sec.  391.43 as follows:
0
a. Amend Sec.  391.43(f) by removing ``November 6, 2001'' and add, in 
its place, ``September 30, 2004.''
0
b. In the Instructions immediately following Sec.  391.43(f), revise 
``Blood pressure (BP)'' to read as follows:

Instructions for Performing and Recording Physical Examinations

* * * * *
    Blood pressure (BP). If a driver has hypertension and/or is being 
medicated for hypertension, he or she should be recertified more 
frequently. An individual diagnosed with Stage 1 hypertension (BP is 
140/90-159/99) may be certified for one year. At recertification, an 
individual with a BP equal to or less than 140/90 may be certified for 
one year; however, if his or her BP is greater than 140/90 but less 
than 160/100, a one-time certificate for 3 months can be issued. An 
individual diagnosed with Stage 2 (BP is 160/100-179/109) should be 
treated and a one-time certificate for 3-month certification can be 
issued. Once the driver has reduced his or her BP to equal to or less 
than 140/90, he or she may be recertified annually thereafter. An 
individual diagnosed with Stage 3 hypertension (BP equal to or greater 
than 180/110) should not be certified until his or her BP is reduced to 
140/90 or less, and may be recertified every 6 months.
* * * * *
    c. Revise the form entitled ``Medical Examination Report for 
Commercial Driver Fitness Determination'' to read as follows:

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PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

0
14. The authority citation for part 393 continues to read as follows:

    Authority: 49 U.S.C. 322, 31136, and 31502; sec. 104(b) of Pub. 
L. 102-240, 105 Stat. 1914, 1993 (1991); 49 CFR 1.73.


Sec.  393.5  [Amended]

0
15. Amend Sec.  393.5 in the definition of ``g'' by removing ``9.823'' 
and add, in its place, ``9.81.''


Sec.  393.106  [Amended]

0
16. Amend Sec.  393.106(a) by removing ``Sec.  393.122 through Sec.  
393.142'' and add, in its place, ``Sec. Sec.  393.116 through 
393.136.''

PART 396--INSPECTION, REPAIR, AND MAINTENANCE

0
17. The authority citation for part 396 continues to read as follows:

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


Sec.  396.9  [Amended]

0
18. In Sec.  396.9, paragraphs (b) and (c)(2), remove ``Driver 
Equipment Compliance Check'' and add, in its place, ``Driver Vehicle 
Examination Report.''

    Issued on: September 24, 2003.
Warren Hoemann,
Deputy Administrator.
[FR Doc. 03-24736 Filed 9-29-03; 8:45 am]
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