[Federal Register Volume 79, Number 191 (Thursday, October 2, 2014)]
[Rules and Regulations]
[Pages 59450-59458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23433]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 355, 365, 369, 383, 384, 385, 387, 390, 391, 392, 395, 
and 397

[Docket No. FMCSA-2014-0262]
RIN 2126-AB76


General Technical, Organizational, and Conforming 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 title 49 of the Code of Federal Regulations (CFR), subtitle 
B, chapter III. The Agency is making minor changes to correct errors 
and omissions, ensure conformity with Office of the Federal Register 
style guidelines, update references, and improve clarity and 
consistency of certain regulatory provisions. This rule does not make 
any substantive changes to the affected regulations.

DATES: Effective October 2, 2014. The incorporation by reference of 
certain publications listed in the rule is approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51 as of October 2, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. Alan Strasser, Federal Motor 
Carrier Safety Administration, Office of the Chief Counsel, Regulatory 
Affairs Division, 1200 New Jersey Avenue SE., Washington, DC 20590-
0001, by telephone at (202) 366-0286 or via email at 
[email protected]. Office hours are from 8:00 a.m. to 5:30 p.m. 
e.t., Monday through Friday, except Federal holidays.
    If you have questions on viewing the docket, please call Ms. Cheryl 
Collins, Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

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. 85-670, 80 Stat. 
931 (1966)). Section 55 of the DOT Act transferred to the Department 
the authority of the former Interstate Commerce Commission (ICC)

[[Page 59451]]

to regulate the qualifications and maximum hours-of-service of 
employees, the safety of operations, and the equipment of motor 
carriers in interstate commerce. See 49 U.S.C. 104. 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 chapter 315 of title 
49 of the U.S. Code. The regulations issued under this authority became 
known as the Federal Motor Carrier Safety Regulations, appearing 
generally at 49 CFR parts 350-399. The administrative powers to enforce 
chapter 315 were also transferred from the ICC to the DOT in 1966 and 
appear in chapter 5 of title 49 of the U.S. Code. The Secretary of the 
U.S. DOT (Secretary) delegated oversight of these provisions to the 
Federal Highway Administration (FHWA), a predecessor agency of the 
FMCSA. The FMCSA Administrator has been delegated authority under 49 
CFR 1.87 to carry out the motor carrier functions vested in the 
Secretary.
    Between 1984 and 1999, a number of statutes added to FHWA's 
authority. Various statutes authorize the enforcement of the FMCSRs, 
the Hazardous Materials Regulations (HMRs), and the Commercial 
Regulations, and provide both civil and criminal penalties for 
violations of these requirements. These statutes include the Motor 
Carrier Safety Act of 1984 (Pub. L. 98-554, 98 Stat. 2832, Oct. 30, 
1984), codified at 49 U.S.C. chapter 311, subchapter III; the 
Commercial Motor Vehicle Safety Act of 1986 (Pub. L. 99-570, 100 Stat. 
3207-170, Oct. 27, 1986), codified at 49 U.S.C. chapter 313; the 
Hazardous Materials Transportation Uniform Safety Act of 1990, as 
amended (Pub. L. 101-615, 104 Stat. 3244, Nov. 16, 1990), codified at 
49 U.S.C. chapter 51; and the ICC Termination Act of 1995 (Pub. L. 104-
88, 109 Stat. 803, Dec. 29, 1995), codified at 49 U.S.C. chapters 131-
149.
    The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L. 
106-159, 113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new 
operating administration within the DOT, effective January 1, 2000. The 
motor carrier safety responsibilities previously assigned to both the 
ICC and the 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), and the Moving Ahead for Progress in the 21st Century 
Act (MAP-21) (Pub. L. 112-141, 126 Stat. 405, July 6, 2012).
    The provisions of the FMCSRs amended by this rule are based on the 
statutes detailed above. The legal authority for each of those 
provisions was explained when the requirement was originally adopted 
and is noted at the beginning of each part in title 49 of the CFR. 
Title 49 CFR subtitle B, chapter III, contains all of the FMCSRs.
    The Administrative Procedure Act (APA) (5 U.S.C. 551-706) 
specifically provides exceptions to its notice and public comment 
rulemaking procedures where the Agency finds there is good cause (and 
incorporates the finding and a brief statement of reasons therefore in 
the rules issued) to dispense with them. Generally, good cause exists 
where the Agency determines that notice and public procedures are 
impractical, unnecessary, or contrary to the public interest (5 U.S.C. 
553(b)). The amendments made in this final rule merely correct 
inadvertent errors and omissions, remove or update obsolete references, 
and make minor changes to improve clarity and consistency. The 
technical amendments do not impose any new requirements, nor do they 
make any substantive changes to the CFR. For these reasons, the FMCSA 
finds good cause that notice and public comment on this final rule is 
unnecessary; thus this rule will be effective on the date of 
publication in the Federal Register.

Background

    This document makes editorial changes to correct inaccurate 
references and citations, improve clarity, and fix errors. The reasons 
for each of these minor revisions are set out below, in a section-by-
section description of the changes. These amendments do not impose any 
new requirements, nor do they make substantive changes to the CFR.

Section-by-Section Analysis

    This section-by-section analysis describes the technical amendment 
provisions in numerical order.

Part 355

    Appendix A to Part 355. Under the section for ``Regulatory 
Review,'' the paragraph titled ``Hours of Service of Drivers'' is 
revised to account for the final rules of December 27, 2011 (76 FR 
81134) and October 28, 2013 (78 FR 64179). In addition, new text 
summarizing requirements for passenger carriers is added.

Part 365

    Section 365.405. In paragraph (a)(1), the name of the office that 
receives filings of Form OP-FC-1 is changed from the former name ``IT 
Operations Division (MC-RIO)'' to ``Office of Registration and Safety 
Information (MC-RS).''
    Section 365.411. In paragraph (b), the name of the office that 
receives filings of protests and petitions for reconsideration is 
changed from the former ``IT Operations Division (MC-RIO)'' to ``Office 
of Registration and Safety Information (MC-RS).''
    Section 365.413. In paragraph (b), the name of the office that 
receives filings of protests and petitions for reconsideration is 
changed from the former ``IT Operations Division (MC-RIO)'' to ``Office 
of Registration and Safety Information (MC-RS).''

Part 369

    Section 369.6. The phrase ``Office of Information Technology'' (MC-
RI) is removed and replaced with the phrase ``Office of Registration 
and Safety Information (MC-RS)'' to reflect the proper name of the 
office with such responsibilities.

Part 383

    Section 383.3. The Interpretative rule referenced in Question 18 
and responsive Guidance to Sec.  383.3 is removed. Question 18 was 
published April 4, 1997 (65 FR 16394). FMCSA rescinds that 
interpretation and motor carriers should no longer rely on that 
guidance since it was made obsolete by the Hazardous Materials 
Transportation Uniform Safety Act of 1990 Sec.  4, (Pub. L. 101-615, 
Nov. 16, 1990), which granted the Pipeline and Hazardous Materials 
Safety Administration jurisdiction over intrastate hazardous materials. 
The Hazardous Materials Regulations (HMRs) apply to the transport of 
hazardous materials requiring placarding, regardless of the type of 
vehicle utilized. Also note that this deletion ensures internal 
consistency with related guidance. Specifically, guidance to Sec.  
383.97, Question 7, clarifies that all drivers of vehicles required to 
be placarded need to have a Commercial Driver's License (CDL) with an 
HM endorsement.
    Section 383.5. First, under the definition for ``Conviction,'' the 
word ``probated'' is removed and replaced with the word ``prorated'' to 
correct an error. Second, the definition of commercial motor vehicle is 
amended to add the names of the three vehicle

[[Page 59452]]

groups listed in 49 CFR 383.91(a): Combination Vehicle (Group A), Heavy 
Straight Vehicle (Group B), and those vehicles that meet neither the 
Group A nor Group B requirements (Group C). This amendment does not 
change the applicability of the commercial driver's license (CDL) 
requirements in any way, but provides a practical means for the reader 
to understand how the four individual components of the definition in 
Sec.  383.5 align with the three vehicle groups listed in Sec.  383.91. 
As such, the amended definition provides a valuable reference tool for 
CDL applicants and holders, employers, and motor carrier enforcement 
personnel by eliminating the need to reference multiple sections within 
part 383.
    Section 383.73. The March 25, 2013 CDL Testing and CLP Standards 
final rule (78 FR 17875) made revisions to several provisions of parts 
383 and 384 to include a prohibition on the transfer of Commercial 
Learner's Permits (CLPs) as provided in the Commercial Driver's License 
Information System (CDLIS) State Procedures Manual incorporated by 
reference in 49 CFR 384.107. The March 2013 final rule inadvertently 
omitted from paragraph (n)(1) conforming changes to reflect the CLP 
transfer prohibition. To correct this omission, first, in paragraph 
(n)(1), the phrase ``or upgraded CLP, or an initial, renewed'' is added 
after the word ``renewed.'' Also, after the first instance of the word 
``upgraded'' the phrase ``or transferred CLP or'' is removed. The other 
change in paragraph (n)(1) concerns knowledge and skills test scores 
verification before a transferred CDL is issued. Verification of test 
scores is not needed when a CDL is transferred to another State because 
the scores were previously verified when the CDL was initially issued 
in the former State of record. This change is consistent with the 
requirements in Sec. Sec.  383.135(c) and 384.225 that exclude the test 
scores from being part of the CDLIS driver record (as defined by 49 CFR 
383.5) that is required to be sent to the new State of record upon 
transfer of a CDL. Therefore, States cannot and need not enforce the 
knowledge and skills test scores verification requirements for a CDL 
transferred to a new State of record under Sec.  383.73(n)(1). This 
amendment addresses this issue by removing the requirement to verify 
knowledge and skills test scores when a CDL is transferred to a new 
State of record.
    In paragraph (o)(4), after the third instance of the word 
``medical'' the following phrase is added: ``examiner's certificate is 
voided or rescinded or a medical.'' This clarifies statutory authority 
granted to FMCSA under 49 U.S.C. section 31149(c)(2) for FMCSA to void 
a medical examiner's certificate for a CLP or CDL under certain 
circumstances.

Part 384

    Section 384.107. The entire section was revised according to the 
incorporation by reference drafting requirements of the Office of the 
Federal Register. In paragraph (b), the incorporation by reference of 
the AAMVA ``Commercial Driver's License Information System (CDLIS) 
State Procedures Manual,'' Release 5.2.0, February 2011, is replaced by 
the updated version, Commercial Driver's License Information System 
(CDLIS) State Procedures Manual,'' Release 5.3.2.1, August 2013. This 
change reflects a routine update of the referenced manual to include 
clarifications of procedures related to the medical examiner's 
certification as part of the CDL, modification of procedures to reflect 
the Federal requirements in the CDL Testing and CLP Standards final 
rule and the renumbering of sections and cross-references. Paragraph 
(c) is deleted to address the incorporation by reference drafting 
requirements of the Office of the Federal Register. The scope of the 
incorporation by reference is otherwise unchanged.
    Section 384.206. Paragraph (a)(1) is amended by clarifying that 
CLPs cannot be transferred from one State to another State. The March 
25, 2013 CDL Testing and CLP standards final rule made revisions to 
several sections of 49 CFR parts 383 and 384 to include a prohibition 
on the transfer of CLPs, but conforming changes to this section were 
mistakenly omitted. This amendment addresses this omission.
    Section 384.209. Paragraph (b)(2) is amended by adding the phrase 
``from a foreign country'' after the phrase ``a person'' to implement 
MAP-21 section 32203(b) requiring reporting of convictions of a foreign 
commercial driver to the Federal Convictions and Withdrawal Database. 
The current language could be seen as applying to all commercial 
drivers from the United States, but that contradicts the plain language 
of the statute limiting application to a foreign commercial driver.
    Section 384.212. In paragraph (b), the phrase ``CLP or,'' 
inadvertently appears twice. The March 25, 2013 CDL Testing and CLP 
Standards final rule made revisions to several sections of 49 CFR parts 
383 and 384 to include a prohibition on the transfer of CLPs, but 
mistakenly omitted conforming changes to this section. This amendment 
addresses that omission.
    Section 384.225. Paragraph (e) is amended to ensure the language 
properly correlates with the section's lead in language ``the state 
must,'' and, thus, is grammatically correct. The word ``allow'' is 
inserted and the word ``may'' is replaced by the word ``to'' for 
clarity.
    Paragraph (f) is amended by changing ``The'' to ``Ensure the'' at 
the beginning of the paragraph for grammatical precision. Also, the 
phrase regarding the National Law Enforcement Telecommunications System 
(NLETS) is removed, since NLETS is not maintaining the CDLIS system, 
but only has the ability to access CDLIS data.
    Section 384.228. Paragraph (j)(2) is moved to paragraph (h)(3). 
Movement of this text reflects new requirements placed in paragraph 
(h)(1) as part of the March 25, 2013 CDL Testing and CLP Standards 
final rule (78 FR 17875), which changed background checks from an 
annual requirement to a one-time event. This is a conforming amendment 
to retain existing requirements for such background checks and to place 
such requirements in the appropriate place within Sec.  384.228.
    Section 384.229. Paragraph (b) is amended by deleting the sentence 
beginning after ``examiners,'' which reads: ``For third party testers 
and examiners who were granted the training and skills testing 
exception under Sec.  383.75(a)(7), the covert and overt monitoring 
must be performed at least once every year;.'' The March 25, 2013 CDL 
Testing and CLP Standards final rule (78 FR 17875) removed the 
exception under Sec.  383.75(a)(7) referenced in Sec.  384.229. This is 
a conforming amendment to clarify that the exception was deleted.
    Section 384.305. In the final untitled paragraph, the phrase 
``Approved by the Office of Management and Budget under control number 
2125-0542'' is deleted for clarity. The reference to a specific OMB 
information collection is outdated and confusing in the context of the 
State certification requirements.

Part 385

    Section 385.308. Paragraph (a)(1) is corrected by adding the word 
``motor'' after ``commercial'' and before ``vehicle'' to provide the 
proper term ``commercial motor vehicle,'' as utilized in part 385 and 
defined in Sec.  385.3.
    Section VII of Part 385, Appendix B. In the ``List of Acute and 
Critical Regulations'' the following paragraph regarding Sec.  
397.101(d) is deleted: ``Requiring or permitting the operation of a 
motor vehicle containing highway route-controlled quantity, as defined 
in

[[Page 59453]]

Sec.  173.403, of radioactive materials that is not accompanied by a 
written route plan.'' This provision was mistakenly added to part 385, 
Appendix B and will therefore be deleted.

Part 387

    Section 387.15. The references to OMB numbers 2125-0074 and 2125-
0075 are deleted for clarity in Illustrations I and II respectively. 
Such references to specific OMB information collection approvals are 
outdated, confusing, and superfluous in the context of the rules' 
sample illustrations of insurance and surety bond forms.
    Section 387.39. The reference to OMB approval under control number 
2125-0518 is deleted for clarity. This reference to a specific OMB 
information collection approval is outdated, confusing, and superfluous 
in the context of the rules' sample illustration of a motor carrier 
public liability surety bond.

Part 390

    Section 390.5. First, under the definition of ``Conviction,'' the 
word ``probated'' is removed and replaced with the word ``prorated'' to 
correct an error. Second, a definition of ``Crash'' that cross-
references the existing definition of ``Accident'' in 49 CFR 390.5 is 
added to clarify that these terms are synonymous.
    Section 390.19. In paragraph (d), the name of the office to file 
forms MCS-150, MCS-150B and MCS-150C is changed in the first sentence 
from ``Office of Information Management'' to ``Office of Registration 
and Safety Information.'' Also, in the first sentence after the word 
``with'' the word ``the'' is inserted to correct the grammar. In the 
second sentence, the office to file forms with is changed from ``Office 
of Information Management, MC-RIO'' to ``Office of Registration and 
Safety Information (MC-RS).''
    Section 390.40. The cross-reference to Sec.  386.72(b)(1) in 
paragraph (j) is an error and is replaced with the correct cross-
reference to section 386.72(b)(3).

Part 391

    Section 391.63. The reference to approval under OMB control number 
2125-0081 is deleted for clarity. This reference to a specific OMB 
information collection approval is outdated, confusing, and superfluous 
in the context of the rules' description of the obligations for motor 
carriers employing multiple-employer drivers.

Part 392

    Section 392.5. In paragraph (a)(3), the word ``and'' is changed to 
``or'' to correct an error.

Part 395

    Section 395.8. The reference to OMB approval under control number 
2125-0016 is deleted for clarity. This reference to a specific OMB 
information collection approval is outdated, confusing, and superfluous 
in the context of the rule's sample illustration of regulations, which 
generally outline drivers' record of duty status obligations and 
provide a sample duty status graph grid.

Part 397

    Section 397.69. Paragraph (b) is amended to reflect statutory 
changes under section 33013(b) of MAP-21, which amended 49 U.S.C. 
5125(c)(1) to require publication of highway route designations in the 
Department's hazardous materials route registry under 49 U.S.C. 
5112(c). The citation to section 105(b)(4) of the Hazardous Materials 
Transportation Act is deleted since it is now obsolete. Language 
regarding an effective date of November 14, 1996, is also deleted since 
it is also obsolete.
    In paragraph (c), the phrase ``of this subpart'' is amended to read 
``of this part'' to correct an inaccurate reference.
    Section 397.73. In paragraph (a), footnote 2 is deleted and 
replaced by an internet link for convenience. Also, the reference to 
FMCSA is replaced by the ``Federal Highway Administration (FHWA),'' 
since that latter agency is the correct publisher of the ``Manual on 
Uniform Traffic Control Devices for Streets and Highways.''
    In paragraph (b), additional text is added since section 33013(a) 
of MAP-21 amended 49 U.S.C. section 5112(c) to add State reporting 
requirements, which include the name of the responsible agency for 
hazmat materials highway route designations. In addition, the phrase 
``regarding designations existing on November 14, 1994'' is deleted as 
obsolete. Also, based on a new requirement from section 33013(b) of 
MAP- 21, a State or Tribally-designated route is effective only after 
it is published in FMCSA's Hazardous Materials Route Registry. This 
requirement is added as new paragraph (c).
    The reference to OMB approval under control number 2125-0554 at the 
end of the section is deleted for clarity. Such a reference to a 
specific OMB information collection approval is outdated, confusing, 
and superfluous in the context of the rule's public information and 
reporting requirements.
    Section 397.103. Based on a new publication requirement from 
section 33013(b) of MAP-21, the following sentence will be added as a 
new paragraph (c)(3) to clarify when a new routing designation is 
effective for radioactive materials: ``The route is published in 
FMCSA's Hazardous Materials Route Registry.''

Rulemaking Analyses

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

    FMCSA has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866, as 
supplemented by Executive Order 13563 (76 FR 3821, January 18, 2011), 
or within the meaning of the DOT regulatory policies and procedures (44 
FR 1103, February 26, 1979). Thus, the Office of Management and Budget 
(OMB) did not review this document. We expect the final rule will have 
minimal costs; therefore, a full regulatory evaluation is unnecessary.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 
601-612), FMCSA has evaluated the effects of this rule on small 
entities. Because the rule makes only minor editorial corrections and 
places no new requirements on the regulated industry, FMCSA certifies 
that this action will not have a significant economic impact on a 
substantial number of small entities.

Unfunded Mandates Reform Act

    The final rule will not impose an unfunded Federal mandate, as 
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et 
seq.), that will result in the expenditure by State, local and tribal 
governments, in the aggregate, or by the private sector, of $141.9 
million (which is the value of $100 million in 2010 after adjusting for 
inflation) or more in any 1 year.

E.O. 13132 (Federalism)

    A rule has implications for Federalism under section 1(a) of 
Executive Order 13132 if it has ``substantial direct effects on the 
States, on the relationship between national government and the States, 
or on the distribution of power and responsibilities among various 
levels of government.'' FMCSA has determined that this rule will not 
have substantial direct effects on States, nor will it limit the 
policymaking discretion of States. Nothing in this document preempts or

[[Page 59454]]

modifies any provision of State law or regulation, imposes substantial 
direct unreimbursed compliance costs on any State, or diminishes the 
power of any State to enforce its own laws. Accordingly, this 
rulemaking does not have Federalism implications warranting the 
application of E.O. 13132.

E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental 
consultation on Federal programs and activities do not apply to this 
rule.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175 titled, ``Consultation and Coordination with Indian Tribal 
Governments,'' because it would 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.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et 
seq.), Federal agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information they 
conduct, sponsor, or require through regulations. FMCSA determined that 
no new information collection requirements are associated with this 
final rule.

National Environmental Policy Act

    FMCSA analyzed this final rule for the purpose of ascertaining the 
applicability of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and determined under our Environmental Procedures 
Order 5610.1, issued March 1, 2004 (69 FR 9680), that this action would 
not have any effect on the quality of the environment. In addition, 
this final rule is categorically excluded from further analysis and 
documentation under the Categorical Exclusion (CE) in paragraph 6(b) of 
Appendix 2 of FMCSA Order 5610.1. This CE addresses minor editorial 
corrections such as found in this rulemaking; therefore preparation of 
an environmental assessment or environmental impact statement is not 
necessary.
    The FMCSA also analyzed this rule under the Clean Air Act, as 
amended (CAA), section 176(c) (42 U.S.C. 42 U.S.C. 7506(c)), and 
implementing regulations promulgated by the Environmental Protection 
Agency. Approval of this action is exempt from the CAA's general 
conformity requirement since it does not affect direct or indirect 
emissions of criteria pollutants.

E.O. 12898 (Environmental Justice)

    This technical amendment final rule is not subject to Executive 
Order 12898 (59 FR 7629, February 16, 1994). Executive Order 12898 
establishes Federal executive policy on environmental justice. Its main 
provision directs Federal agencies, to make environmental justice part 
of their mission by identifying and addressing, as appropriate, 
disproportionately high and adverse human health or environmental 
effects of their programs, policies, and activities on minority 
populations and low-income populations in the United States. FMCSA 
determined that this rule will not have disproportionately high and 
adverse human health or environmental effects on minority or low-income 
populations because it does not change the substance of any of the 
FMCSRs.

E.O. 13211 (Energy Effects)

    FMCSA has analyzed this rule under Executive Order 13211 titled, 
``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 Executive Order because 
it is not a ``significant regulatory action'' under Executive Order 
12866 and is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy. Therefore, no Statement of 
Energy Effects is required.

E.O. 13045 (Protection of Children)

    Executive Order 13045 titled, ``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. As discussed previously, this 
rule is not economically significant. Therefore, no analysis of the 
impacts on children is required.

E.O. 12988 (Civil Justice Reform)

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

E.O. 12630 (Taking of Private Property)

    This rule will not effect a taking of private property or otherwise 
have taking implications under E.O. 12630 titled, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.''

National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act (15 U.S.C. 272 
note) requires Federal agencies proposing to adopt technical standards 
to consider whether voluntary consensus standards are available. If the 
Agency chooses to adopt its own standards in place of existing 
voluntary consensus standards, it must explain its decision in a 
separate statement to OMB. Because FMCSA does not intend to adopt 
technical standards, there is no need to submit a separate statement to 
OMB on this matter.

Privacy Impact Assessment

    Section 522(a)(5) of the Transportation, Treasury, Independent 
Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108- 
447, Division H, Title I, 118 Stat. 2809 at 3268, Dec. 8, 2004) 
requires DOT and certain other Federal agencies to conduct a privacy 
impact assessment of each rule that will affect the privacy of 
individuals. Because this final rule will not affect the privacy of 
individuals, FMCSA did not conduct a separate privacy impact 
assessment.

List of Subjects

49 CFR Part 355

    Highway safety, Intergovernmental relations, 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 369

    Reporting and recordkeeping requirements.

49 CFR Part 383

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Highway safety and motor carriers.

49 CFR Part 384

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Highway safety, Incorporation by reference, and Motor carriers.

[[Page 59455]]

49 CFR Part 385

    Administrative practice and procedure, Highway safety, 
Incorporation by reference. Mexico, Motor carriers, Motor vehicle 
safety, Reporting and recordkeeping requirements.

49 CFR Part 387

    Buses, Freight, Freight forwarders, Hazardous materials 
transportation, Highway safety, Insurance, Intergovernmental relations, 
Motor carriers, Motor vehicle safety, Moving of household goods, 
Penalties, Reporting and recordkeeping requirements, Surety bonds.

49 CFR Part 390

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

49 CFR Part 391

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

49 CFR Part 392

    Driving of Commercial Motor Vehicles.

49 CFR Part 395

    Highway safety, Motor carriers, Reporting and recordkeeping 
requirements.

49 CFR Part 397

    Administrative practice and procedure, Highway safety, 
Intergovernmental relations, Motor carriers, Parking, Radioactive 
materials, Reporting and recordkeeping requirements, Tires.

    In consideration of the foregoing, FMCSA is amending 49 CFR chapter 
III, parts 355, 365, 369, 383, 384, 385, 387, 390, 391, 392, 395, and 
397, as set forth below:

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

0
1. The authority citation for part 355 continues to read as follows:

    Authority: 49 U.S.C. 504 and 31101 et seq.; 49 CFR 1.87.


0
2. Amend appendix A to part 355 by revising the paragraphs titled 
``Hours of Service of Drivers'' to read as follows:

Appendix A to Part 355--Guidelines for the Regulatory Review

* * * * *

Hours of Service of Drivers

    The following is a high-level summary of the hours-of-service 
regulations governing property and passenger carriers. The 
description below outlines only some of the major provisions, but 
does not capture all the detailed requirements. For the detailed 
provisions, which include rest breaks, sleeper berth, and records of 
duty status issues, see part 395 of this subchapter.
    The hours-of-service regulations prohibit both property and 
passenger carriers from allowing or requiring any driver to drive as 
follows:
    1. Property. More than 11 hours after 10 consecutive hours off 
duty within a consecutive 14-hour duty period, and more than 60/70 
hours on duty in 7/8 consecutive days. A driver may restart a 7/8 
consecutive day period after taking 34 or more consecutive hours off 
duty, which includes two periods from 1 a.m. to 5 a.m., home 
terminal time. The restart may be used only once per week, or 168 
hours, measured from the beginning of the previous restart.
    2. Passenger. More than 10 hours after 8 consecutive hours off 
duty within a 15-hour duty period, and more than 60/70 hours on duty 
in 7/8 consecutive days.
* * * * *

PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

0
3. 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, 14708, 31138, and 31144; and 49 CFR 1.87.


Sec.  365.405  [Amended]


0
4. Amend Sec.  365.405(a)(1) by removing the phrase ``IT Operations 
Division (MC-RIO)'' and adding in its place the phrase ``Office of 
Registration and Safety Information (MC-RS)''.


Sec.  365.411  [Amended]

0
5. Amend Sec.  365.411(b) by removing the phrase ``IT Operations 
Division (MC-RIO)'' and adding in its place the phrase ``Office of 
Registration and Safety Information (MC-RS)''.


Sec.  365.413  [Amended]

0
6. Amend Sec.  365.413(b) introductory text by removing the phrase ``IT 
Operations Division (MC-RIO)'' and adding in its place the phrase 
``Office of Registration and Safety Information (MC-RS)''.

PART 369--REPORTS OF MOTOR CARRIERS

0
7. The authority citation for part 369 continues to read as follows:

    Authority: 49 U.S.C. 14123; 49 CFR 1.87.


Sec.  369.6  [Amended]

0
8. Amend Sec.  369.6 by removing the phrase ``Office of Information 
Technology (MC-RI)'' and adding in its place the phrase ``Office of 
Registration and Safety Information (MC-RS)''.

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

0
9. 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; and 49 CFR 1.87.

0
10. Amend Sec.  383.5 by revising the definitions of ``Commercial motor 
vehicle (CMV)'' and ``Conviction'' to read as follows:


Sec.  383.5  Definitions.

* * * * *
    Commercial motor vehicle (CMV) means a motor vehicle or combination 
of motor vehicles used in commerce to transport passengers or property 
if the motor vehicle is a--
    (1) Combination Vehicle (Group A)--having a gross combination 
weight rating or gross combination weight of 11,794 kilograms or more 
(26,001 pounds or more), whichever is greater, inclusive of a towed 
unit(s) with a gross vehicle weight rating or gross vehicle weight of 
more than 4,536 kilograms (10,000 pounds), whichever is greater; or
    (2) Heavy Straight Vehicle (Group B)--having a gross vehicle weight 
rating or gross vehicle weight of 11,794 or more kilograms (26,001 
pounds or more), whichever is greater; or
    (3) Small Vehicle (Group C)--(i) that does not meet Group A or B 
requirements;
    (ii) Is designed to transport 16 or more passengers, including the 
driver; or
    (iii) Is of any size and is used in the transportation of hazardous 
materials as defined in this section.
* * * * *
    Conviction means an unvacated adjudication of guilt, or a 
determination that a person has violated or failed to comply with the 
law in a court of original jurisdiction or by an authorized 
administrative tribunal, an unvacated forfeiture of bail or collateral 
deposited to secure the person's appearance in court, a plea of guilty 
or nolo contendere accepted by the court, the payment of a fine or 
court cost, or violation of a condition of release without bail, 
regardless of whether or

[[Page 59456]]

not the penalty is rebated, suspended, or prorated.
* * * * *

0
11. Amend Sec.  383.73 by revising paragraphs (n)(1) and (o)(4)(i) 
introductory text to read as follows:


Sec.  383.73  State procedures.

* * * * *
    (n) * * *
    (1) Prevent the issuance of an initial, renewed or upgraded CLP or 
an initial, renewed, upgraded, or transferred CDL when the results of 
transactions indicate the applicant is unqualified. These controls, at 
a minimum, must be established for the following transactions: State, 
CDLIS, and PDPS driver record checks; and Social Security Number 
verification. Knowledge and skills test scores verification controls 
must be established for an initial, renewed, or upgraded CDL.
* * * * *
    (o) * * *
    (4) * * * (i) Beginning January 30, 2012, if a driver's medical 
certification or medical variance expires, or FMCSA notifies the State 
that a medical examiner's certificate is voided or rescinded or a 
medical variance was removed or rescinded, the State must:
* * * * *

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

0
12. The authority citation for part 384 continues to read as follows:

    Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103 
and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; and 49 CFR 1.87.


0
13. Revise Sec.  384.107 to read as follows:


Sec.  384.107  Matter incorporated by reference.

    (a) Incorporation by reference. This part includes references to 
certain matter or materials. The text of the materials is not included 
in the regulations contained in this part. The materials are hereby 
made a part of the regulations in this part. The Director of the Office 
of the Federal Register has approved the materials incorporated by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. For 
materials subject to change, only the specific version approved by the 
Director of the Office of the Federal Register and specified in the 
regulation are incorporated. Material is incorporated as it exists on 
the date of the approval and a notice of any change in these materials 
will be published in the Federal Register. All of the materials 
incorporated by reference are available from the sources listed below 
and available for inspection at the Department of Transportation 
Library, 1200 New Jersey Ave. SE., Washington, DC 20590-0001; telephone 
is (202) 366-0746. These documents are also available for inspection 
and copying as provided in 49 CFR part 7. They are also available for 
inspection at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) The American Association of Motor Vehicle Administrators 
(AAMVA), 4301 Wilson Boulevard, Suite 400, Arlington, VA 22203, (703) 
522-1300, http://www.aamva.org.
    (1) ``Commercial Driver's License Information System (CDLIS) State 
Procedures Manual,'' Release 5.3.2.1, August 2013, incorporation by 
reference approved for Sec. Sec.  384.225(f) and 384.231(d).
    (2) [Reserved]

0
14. Amend Sec.  384.206 by revising (a)(1) introductory text to read as 
follows:


Sec.  384.206  State record checks.

    (a) * * *
    (1) Before issuing, renewing, or upgrading a CLP or issuing, 
renewing, upgrading or transferring CDL to any person, the driver's 
State of record must, within the period of time specified in Sec.  
384.232, check its own driver records as follows:
* * * * *


Sec.  384.209  [Amended]

0
15. Amend Sec.  384.209(b)(2) by adding the phrase ``from a foreign 
country'' after the phrase ``a person'' and before the phrase ``who is 
unlicensed.''

0
16. Revise Sec.  384.212(b) to read as follows:


Sec.  384.212  Domicile requirement.

* * * * *
    (b) The State must require any person holding a CDL issued by 
another State to apply for a transfer CDL from the State within 30 days 
after establishing domicile in the State, as specified in Sec.  
383.71(c) of this subchapter.
0
17. Amend Sec.  384.225 by revising paragraph (e) introductory text and 
paragraph (f) to read as follows:


Sec.  384.225  CDLIS driver recordkeeping.

* * * * *
    (e) Only allow the following users or their authorized agents to 
receive the designated information:
* * * * *
    (f) Ensure the content of the report provided a user authorized by 
paragraph (e) of this section from the CDLIS driver record is 
comparable to the report that would be generated by a CDLIS State-to-
State request for a CDLIS driver history, as defined in the ``CDLIS 
State Procedures Manual'' (incorporated by reference, see Sec.  
384.107(b)), and must include the medical certification status 
information of the driver in paragraph (a)(2) of this section. This 
does not preclude authorized users from requesting a CDLIS driver 
status.
0
18. Amend Sec.  384.228 by adding paragraph (h)(3) and revising 
paragraph (j) to read as follows:


Sec.  384.228  Examiner training and record checks.

* * * * *
    (h) * * *
    (3) Criteria for not passing the criminal background check must 
include at least the following: (i) Any felony conviction within the 
last 10 years; or (ii) Any conviction involving fraudulent activities.
    (j) Rescind the certification to administer CDL tests of all test 
examiners who do not successfully complete the required refresher 
training every 4 years.
* * * * *

0
19. Revise Sec.  384.229(b) to read as follows:


Sec.  384.229  Skills test examiner auditing and monitoring.

* * * * *
    (b) At least once every 2 years, conduct covert and overt 
monitoring of examinations performed by State and third party CDL 
skills test examiners.
* * * * *


Sec.  384.305  [Amended]

0
20. Amend Sec.  384.305 by removing the phrase ``(Approved by the 
Office of Management and Budget under control number 2125-0542)'' at 
the end of the section.

PART 385--SAFETY FITNESS PROCEDURES

0
21. The authority citation for part 385 continues to read as follows:

    Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 13901-
13905, 31133, 31135, 31136, 31137(a), 31144, 31148, and 31502; Sec. 
113(a), Pub. L. 103-311; Sec. 408, Pub. L. 104-88; Sec. 350 of Pub. 
L. 107-87; and 49 CFR 1.87.

[[Page 59457]]

Sec.  385.308  [Amended]

0
22. Amend Sec.  385.308(a)(1) by adding the word ``motor'' after the 
word ``commercial'' and before the word ``vehicle.''

Appendix B to Part 385 [Amended]

0
23. In Appendix B to Part 385, section VII, List of Acute and Critical 
Regulations, remove the entry for Sec.  397.101(d), which reads 
``Requiring or permitting the operation of a motor vehicle containing 
highway route-controlled quantity, as defined in Sec.  173.403, of 
radioactive materials that is not accompanied by a written route 
plan.''

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

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

    Authority: 49 U.S.C. 13101, 13301, 13906, 14701, 31138, 31139, 
and 31144; and 49 CFR 1.87.


Sec.  387.15  [Amended]

0
25. Amend Sec.  387.15 as follows:
0
a. Remove the designation ``OMB No. 2125-0074'' under the center 
heading ``Illustration I'' and following the phrase ``Form Approved.''
0
b. Remove the phrase ``(Form approved by Office of Management and 
Budget under control no. 2125-0075)'' under the center heading 
``Illustration II'' and following the phrase ``Form MCS-82 (4/83).''


Sec.  387.39  [Amended]

0
26. Amend Sec.  387.39 by removing the phrase ``(Approved by the Office 
of Management and Budget under control number 2125-0518)'' at the end 
of the section.

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
27. The authority citation for part 390 is revised to read as follows:

    Authority: 49 U.S.C. 504, 508, 31132, 31133, 31136, 31144, 
31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677-1678; 
sec. 212, 217, 229, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; 
sec. 229, Pub. L. 106-159 (as transferred by sec. 4114 and amended 
by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743-
1744); sec. 4136, Pub. L. 109-59, 119 Stat. 114, 1745; sections 
32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 830; and 49 
CFR 1.87.


0
28. Amend Sec.  390.5 as follows:
0
a. In the definition of ``Conviction'' remove the word ``probated'' and 
add in its place the word ``prorated.''
0
b. Add a definition for ``Crash'' in alphabetical order.


Sec.  390.5  Definitions.

* * * * *
    Crash--See accident.
* * * * *

0
29. Revise Sec.  390.19(d) to read as follows:


Sec.  390.19  Motor carrier, hazardous material shipper, and intermodal 
equipment provider identification reports.

* * * * *
    (d) Where to file. The required form under paragraph (a) of this 
section must be filed with the FMCSA Office of Registration and Safety 
Information. The form may be filed electronically according to the 
instructions at the Agency's Web site, or it may be sent to Federal 
Motor Carrier Safety Administration, Office of Registration and Safety 
Information (MC-RS), 1200 New Jersey Avenue SE., Washington, DC 20590.
* * * * *


Sec.  390.40  [Amended]

0
30. Amend Sec.  390.40(j) by removing the reference ``Sec.  
386.72(b)(1)'' and adding in its place ``Sec.  386.72(b)(3)''.

PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE 
(LCV) DRIVER INSTRUCTORS

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

    Authority:  49 U.S.C. 504, 508, 31133, 31136, and 31502; sec. 
4007(b) of Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114 of Pub. 
L. 103-311, 108 Stat. 1673, 1677; sec. 215 of Pub. L. 106-159, 113 
Stat. 1748, 1767; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; 
and 49 CFR 1.87.


Sec.  391.63  [Amended]

0
32. Amend Sec.  391.63 by removing the phrase ``(Approved by the Office 
of Management and Budget under control number 2125-0081)''.

PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES

0
33. The authority citation for part 392 continues to read as follows:

    Authority: 49 U.S.C. 504, 13902, 31136, 31151, 31502; Section 
112 of Pub. L. 103-311, 108 Stat. 1673, 1676 (1994), as amended by 
sec. 32509 of Pub. L. 112-141, 126 Stat. 405, 805 (2012); and 49 CFR 
1.87.


Sec.  392.5  [Amended]

0
34. Amend Sec.  392.5(a)(3) introductory text by removing the word 
``and'' and adding in its place the word ``or.''

PART 395--HOURS OF SERVICE OF DRIVERS

0
35. The authority citation for part 395 continues to read as follows:

    Authority:  49 U.S.C. 504, 31133, 31136, 31137, and 31502; sec. 
113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-
159 (as transferred by sec. 4115 and amended by secs. 4130-4132, 
Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); sec. 4133, Pub. 
L. 109-59, 119 Stat. 1144, 1744; sec. 108, Pub. L. 110-432, 122 
Stat. 4860-4866; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; 
and 49 CFR 1.87.


Sec.  395.8  [Amended]

0
36. Amend Sec.  395.8 by removing the phrase ``(Approved by the Office 
of Management and Budget under control number 2125-0016)'' at the end 
of the section.

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

0
37. The authority citation for part 397 continues to read as follows:

    Authority:  49 U.S.C. 322; 49 CFR 1.87. Subpart A also issued 
under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.97. Subparts C, D, 
and E also issued under 49 U.S.C. 5112, 5125.


0
38. Amend Sec.  397.69 by revising paragraphs (b) and (c) to read as 
follows:


Sec.  397.69  Highway routing designations; preemption.

* * * * *
    (b) Except as provided in Sec. Sec.  397.75 and 397.219, an NRHM 
route designation made in violation of paragraph (a) of this section is 
preempted pursuant to 49 U.S.C. 5125(c).
    (c) A highway routing designation established by a State, political 
subdivision, or Indian tribe before November 14, 1994 is subject to 
preemption in accordance with the preemption standards in paragraphs 
(a)(1) and (a)(2) of Sec.  397.203.
* * * * *

0
39. Revise Sec.  397.73 to read as follows:


Sec.  397.73  Public information and reporting requirements.

    (a) Public information. Information on NRHM routing designations 
must be made available by the States and Indian tribes to the public in 
the form of maps, lists, road signs or some combination thereof. If 
road signs are used, those signs and their placements must comply with 
the provisions of the Manual on Uniform Traffic Control Devices for 
Streets and Highways, published by the Federal Highway Administration

[[Page 59458]]

(FHWA), particularly the Hazardous Cargo signs identified as R14-2 and 
R14-3 shown in Section 2B-62 of that Manual. This publication may be 
accessed free of charge on the Internet at http://mutcd.fhwa.dot.gov/.
    (b) Reporting and publishing requirements. Each State or Indian 
tribe, through its routing agency, shall provide information 
identifying all NRHM routing designations that exist within its 
jurisdiction to the Federal Motor Carrier Safety Administration, Office 
of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave. SE., 
Washington, DC 20590-0001. States shall also submit to FMCSA the 
current name of the State agency responsible for NHRM highway routing 
designations. The State or Indian tribe shall include descriptions of 
these routing designations, along with the dates they were established. 
This information may also be published in each State's official 
register of State regulations. Information on any subsequent changes or 
new NRHM routing designations shall be furnished within 60 days after 
establishment to the FMCSA. This information will be available from the 
FMCSA, consolidated by the FMCSA, and published annually in whole or as 
updates in the Federal Register. Each State may also publish this 
information in its official register of State regulations.
    (c) A State or Tribally-designated route is effective only after it 
is published in the Federal Register in FMCSA's Hazardous Materials 
Route Registry.

0
40. Amend Sec.  397.103 by adding a new paragraph (c)(3) to read as 
follows:


Sec.  397.103  Requirements for State routing designations.

* * * * *
    (c) * * *
    (3) The route is published in FMCSA's Hazardous Materials Route 
Registry.
* * * * *

     Issued under authority delegated in 49 CFR 1.87 on: September 
23, 2014.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2014-23433 Filed 10-1-14; 8:45 am]
BILLING CODE 4910-EX-P