[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Rules and Regulations]
[Pages 80169-80193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24160]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Chapter III
[Docket No. FMCSA-2023-0174]
RIN 2126-AC60
General Technical, Organizational, Conforming, and Correcting
Amendments to the Federal Motor Carrier Safety Regulations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FMCSA amends its regulations by making technical corrections
throughout the Federal Motor Carrier Safety Regulations (FMCSRs). The
Agency makes minor changes to correct inadvertent errors and omissions,
remove or update obsolete references, and improve the clarity and
consistency of certain regulatory provisions. The Agency also makes a
change to its rules of organization, procedures, and practice.
DATES: This final rule is effective November 17, 2023, except for
amendatory instruction 88, which is effective January 16, 2024.
FOR FURTHER INFORMATION CONTACT: Mr. Nicholas Warren, Regulatory
Development Division, Office of Policy, FMCSA, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001; (202) 366-6124; [email protected].
SUPPLEMENTARY INFORMATION:
I. Legal Basis for the Rulemaking
Congress delegated certain powers to regulate interstate commerce
to DOT in numerous pieces of legislation, most notably in section 6 of
the Department of Transportation Act (DOT Act) (Pub. L. 89-670, 80
Stat. 931, 937, Oct. 15, 1966). Section 6 of the DOT Act transferred to
DOT the authority of the former Interstate Commerce Commission (ICC) to
regulate the qualifications and maximum hours of service of employees,
the safety of operations, and the equipment, of motor carriers in
interstate commerce (80 Stat. 939). This authority, first granted to
the ICC in the Motor Carrier Act of 1935 (Pub. L. 74-255, 49 Stat. 543,
Aug. 9, 1935), now appears in 49 U.S.C. chapter 315. The regulations
issued under this authority, as well as subsequently enacted laws,
became known as the FMCSRs, codified at 49 Code of Federal Regulations
(CFR) parts 350 through 399. The administrative powers to
[[Page 80170]]
enforce chapter 315 (codified in 49 U.S.C. chapter 5) were also
transferred from the ICC to DOT in 1966, assigned first to the Federal
Highway Administration (FHWA), and then to FMCSA. The FMCSA
Administrator, whose powers and duties are set forth in 49 U.S.C. 113,
has been delegated authority by the Secretary of Transportation (the
Secretary) under 49 CFR 1.81 to prescribe regulations and to exercise
authority over and with respect to any personnel within the
organization, and under 49 CFR 1.87 to carry out the motor carrier
functions vested in the Secretary.
Between 1984 and 1999, enforcement of the FMCSRs, the Hazardous
Materials Regulations, and the Commercial Regulations was added to
FHWA's authority. The statutes granting these authorities include the
Motor Carrier Safety Act of 1984 (Pub. L. 98-554, Title II, 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,
Title XII, 100 Stat. 3207-170, Oct. 27, 1986), codified at 49 U.S.C.
chapter 313; the Hazardous Materials Transportation Uniform Safety Act
of 1990, as amended (Pub. L. 101-615, 104 Stat. 3244, Nov. 16, 1990),
codified at 49 U.S.C. chapter 51; the Omnibus Transportation Employee
Testing Act of 1991 (Pub. L. 102-143, Title V, 105 Stat. 917, 952, Oct.
28, 1991), codified at 49 U.S.C. 31306; 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; and the Transportation Equity Act for the 21st
Century (Pub. L. 105-178, 112 Stat. 107, June 9, 1998).
The Motor Carrier Safety Improvement Act of 1999 (Pub. L. 106-159,
113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new operating
administration within DOT, effective January 1, 2000. Accordingly,
since that time the motor carrier safety, and certain commercial,
responsibilities previously assigned to both the ICC and FHWA have been
the jurisdiction of FMCSA. These responsibilities also include
regulations relating to section 18 of the Noise Control Act of 1972,
codified at 42 U.S.C. 4917, which were originally assigned to the
Secretary of Transportation (Pub. L. 92-574, 86 Stat. 1249, Oct. 27,
1972) and delegated to FHWA (39 FR 7791, Feb. 28, 1974), and are now
the jurisdiction of FMCSA, as codified at 49 U.S.C. 113(f)(1).\1\
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\1\ Responsibility for the regulations related to section 18 of
the Noise Control Act was given to FMCSA by Congress in section 101
of the Motor Carrier Safety Improvement Act (Pub. L. 106-159, 113
Stat. 1748, 1750, Dec. 9, 1999).
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Congress subsequently expanded, modified, and amended FMCSA's
authority in the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act of
2001 (Pub. L. 107-56, 115 Stat. 272, Oct. 26, 2001); the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144, Aug. 10, 2005);
the SAFETEA-LU Technical Corrections Act of 2008 (Pub. L. 110-244, 122
Stat. 1572, June 6, 2008); the Moving Ahead for Progress in the 21st
Century Act (MAP-21) (Pub. L. 112-141, 126 Stat. 405, July 6, 2012);
Fixing America's Surface Transportation Act (Pub. L. 114-94, 129 Stat.
1312, Dec. 4, 2015); and the Infrastructure Investment and Jobs Act
(Pub. L. 117-58, 135 Stat. 429, Nov. 15, 2021).
The specific regulations amended by this rule are based on the
statutes detailed above. Generally, the legal authority for each of
those provisions was explained when the requirement was originally
adopted and is noted at the beginning of each part in 49 CFR.
The Administrative Procedure Act (APA) specifically provides
exceptions to its notice and comment rulemaking procedures when an
agency finds there is good cause to dispense with them, and
incorporates the finding, and a brief statement of reasons therefore,
in the rules issued (5 U.S.C. 553(b)(B)). Good cause exists when an
agency determines that notice and public comment procedures are
impractical, unnecessary, or contrary to the public interest. The
amendments made in this final rule primarily correct inadvertent errors
and omissions, remove or update obsolete references, and make minor
language changes to improve clarity and consistency. The technical
amendments do not impose any new material requirements or increase
compliance obligations. For these reasons, FMCSA finds good cause that
notice and public comment on this final rule are unnecessary.
In addition to amendments that fall within the APA good cause
exception, this rule also contains amendments that fall within the APA
exception for rules of agency organization, procedure, or practice. The
Agency amends part 386, titled ``Rules of Practice for FMCSA
Proceedings,'' so that administrative proceedings under that part are
brought before the appointed or duly authorized Agency Decisionmaker
rather than the Assistant Administrator. These amendments fall within
the exception to the APA's notice and comment rulemaking procedures for
``rules of agency organization, procedure, or practice,'' (5 U.S.C.
553(b)(A)), and are therefore excepted from the notice and public
comment requirements. Further, the APA does not apply to matters
``relating to agency management or personnel'' (5 U.S.C. 553(a)(2));
therefore, the notice and comment rulemaking procedures do not apply to
the Agency Decisionmaker amendments in part 386.
The APA also allows agencies to make rules effective immediately
with good cause (5 U.S.C. 553(d)(3)), instead of requiring publication
30 days prior to the effective date. For the reasons already stated,
FMCSA finds there is good cause for this rule to be effective
immediately, except as noted in amendatory instruction 84 concerning
the revised Medical Examination Report Form, MCSA-5875, in Sec.
391.43(f) and Medical Examiner's Certificate, Form MCSA-5876, in Sec.
391.43(h).
II. Severability
The purpose of this rule is to make technical amendments throughout
FMCSA's regulations. These amendments include minor changes to correct
inadvertent errors and omissions, remove or update obsolete references,
and improve the clarity and consistency of certain regulatory
provisions. These technical amendments, which apply to many different
parts of FMCSA's regulations, are collected into this single rule for
rulemaking efficiency. This rule is bound together by the common
character of the changes as technical amendments, rather than a common
subject matter. As a result, FMCSA finds that the provisions in this
final rule can operate independently and are therefore severable. In
the event a court were to invalidate one or more of this rulemaking's
unique provisions, the remaining provisions should stand.
III. Section-by-Section Analysis
This section-by-section analysis first describes changes to the
regulatory text that affect multiple parts within the FMCSRs, and then
the remaining changes to the regulatory text in numerical order.
A. Amendments Affecting Multiple Parts Within Chapter III, Subchapter B
The following amendments affect chapter III, subchapter B, as a
whole, or multiple parts within the subchapter.
Redesignation of Appendix B to Subchapter B of Chapter III and Deletion
of Reserved Appendices
FMCSA makes several amendments to the appendices of chapter III,
subchapter B, to complete a
[[Page 80171]]
reorganization of that subchapter. The object of the reorganization is
to move each appendix at the end of subchapter B to the specific part
to which the appendix most directly pertains, for the purpose of making
the appendices more helpful and accessible to the reader. All but one
of the appendices have already been moved via redesignation, though
appendices A and C through E remain reserved at the end of the
subchapter to maintain the appendix ordering.\2\ The last non-reserved
appendix, appendix B, is now moved and the reserved appendices are
deleted.
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\2\ In 2021, FMCSA redesignated subchapter B, appendix F
(entitled ``Commercial Zones''), as appendix A to part 372 (86 FR
57060, 57066, Oct. 14, 2021). In the same rule FMCSA redesignated
subchapter B, appendix G (entitled ``Minimum Periodic Inspection
Standards''), as appendix A to part 396 (86 FR 57060, 57066, Oct.
14, 2021). Both of these appendices were removed and were not
reserved.
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Subchapter B formerly had an appendix A entitled
``Interpretations.'' This appendix contained a collection of
interpretations of the FMCSRs. FMCSA's predecessor agency, FHWA, deemed
this appendix obsolete, and removed and reserved it (59 FR 60319,
60322, Nov. 23, 1994). With the relocation of appendix B, appendix A no
longer needs to be reserved to maintain the appendix ordering, and so
FMCSA deletes reserved appendix A to subchapter B.
FMCSA redesignates appendix B to subchapter B, entitled ``Special
Agents,'' as appendix B to part 390. This appendix describes the
authority of persons appointed as special agents of FMCSA, and the
obligations of motor carriers and other regulated entities to comply
with examination and inspection by special agents. Of the parts within
the FMCSRs, this appendix most directly pertains to part 390, ``Federal
Motor Carrier Safety Regulations; General,'' therefore FMCSA
redesignates the appendix as appendix B to that part. Note that the
appendix is cross-referenced in several sections of the FMCSRs, and
conforming amendments are made to update these cross-references, as
described later in the section-by-section analysis.
Subchapter B formerly had an appendix C entitled ``Written
Examination for Drivers.'' This appendix related to a written
examination covering the FMCSRs, then required by part 391. FHWA
determined this requirement was unnecessary and removed and reserved
the appendix (59 FR 60319, 60320, Nov. 23, 1994). FMCSA now deletes the
reserved appendix.
Subchapter B formerly had an appendix D entitled ``Table of
Disqualifying Drugs and Other Substances, Schedule I,'' and an appendix
E entitled ``Tables of Disqualifying Drugs and Other Substances,
Schedules II Through V.'' Earlier versions of the FMCSRs cross-
referenced these tables in regulations related to controlled substances
use and testing. When the controlled substances use and testing
regulations were updated, these cross-references to appendices were
replaced with cross-references to drug schedules located elsewhere in
the CFR (see, e.g., 62 CFR 37150, 37151, July 11, 1997 (amendment to
the definition of controlled substance in Sec. 383.5)). The change in
cross-references made appendices D and E unnecessary, and FHWA removed
and reserved them (62 CFR 37150, 37153, July 11, 1997). FMCSA now
deletes these reserved appendices.
Replacement of the Term ``Web Site''
FMCSA amends the FMCSRs throughout to change the terms ``Web site''
and ``web site'' to ``website.'' This change adds consistency
throughout the FMCSRs by adopting the updated form of the term, which
is already used in several regulations (see, e.g., 49 CFR
375.213(a)(1)). FMCSA also changes the term ``http'' to ``https'' to
ensure the website addresses in the CFR are accurate. This amendment
affects Sec. Sec. 365.105, 365.106T, 365.503, 368.3, 368.3-1T, 368.3T,
369.1, 371.107, 371.111, 371.117, 375.103, 375.213, 385.305, 385.305T,
385.603T, 389.5, 390.19, 390.19T, 390.200T, 390.201, 391.43, 395.22,
and appendix A to subpart B of part 395.
Addition of a Hyphen to the Adjective ``Third-Party''
FMCSA amends the FMCSRs by adding a hyphen to the term ``third
party'' where it is used as an adjective. In these instances, hyphen
usage is recommended by the U.S. Government Publishing Office Style
Manual. This amendment increases clarity by updating the term to use
the correct grammar to avoid confusion. This amendment does not affect
instances where ``third party'' is used as a noun (see, e.g., 49 CFR
350.207(b)). This amendment affects Sec. Sec. 382.107, 382.401,
382.403, 382.409, 382.711, 383.5, 383.75, 384.228, 384.229, and 390.15.
B. Part 325--Compliance With Interstate Motor Carrier Noise Emission
Standards
Section 325.13 Inspection and Examination of Motor Vehicles
FMCSA replaces ``appendix B to subchapter B'' with ``appendix B to
part 390'' in paragraph (a). This change reflects the redesignation of
appendix B to subchapter B of chapter III--Special Agents, as discussed
above in section III.A. The redesignation appends the Special Agents
material to part 390, the part to which it most directly pertains.
C. Part 375--Transportation of Household Goods in Interstate Commerce;
Consumer Protection Regulations
Section 375.103 What are the definitions of terms used in this part?
FMCSA replaces ``Sec. 1312.3(a)'' with ``Sec. 1310.3(a)'' in the
definition of tariff to correct a cross-reference. The definition
currently references 49 CFR 1312.3(a) when referring to Surface
Transportation Board tariff requirements. However, the Surface
Transportation Board tariff requirements for shipments of household
goods referenced in the definition of tariff are found at 49 CFR
1310.3(a). Accordingly, FMCSA is updating the cross-reference to
reflect the correct section of the regulations.
Section 375.403 How must I provide a binding estimate?
FMCSA amends Sec. 375.403(a)(6)(ii) to clarify the requirements
for binding estimates provided by household goods motor carriers.
Section 375.403(a) describes the requirements for a binding estimate,
and Sec. 375.403(a)(6) relates to situations where a shipper of
household goods tenders additional household goods or requires
additional services not identified in the binding estimate. This
section was amended last year to incorporate recommendations from the
Household Goods Consumer Protection Working Group (the Working Group)
(87 FR 24431, Apr. 26, 2022). Prior to this amendment, Sec.
375.403(a)(6)(ii) referred to a revised binding estimate that
accurately listed, in detail, additional household goods or services.
As amended, Sec. 375.403(a)(6)(ii) refers to a new, rather than a
revised, binding estimate and does not expressly refer to a list of
additional goods or services.
FMCSA's purpose in amending this section was merely to change the
requirement from a revised binding estimate to a new binding estimate
(87
[[Page 80172]]
FR 24431, 24435, Apr. 26, 2022).\3\ The Working Group had found that,
in some cases, revised estimates obscured whether the shipper and mover
had agreed to the items to be moved, services to be provided, and price
to be paid. The lack of clear terms made it difficult for investigators
to address shipper complaints, and the Working Group recommended
requiring a new estimate, rather than a revised estimate, to close this
loophole.
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\3\ This intention is further evidenced by the report on which
the 2022 amendment was based, Recommendations to the U.S. Department
of Transportation to Improve Household Goods Consumer Education,
Simplify and Reduce Paperwork, and Condense FMCSA Publication ESA
03005 (Working Group Recommendations). The report is available
online at https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/fastact/450791/fast-act-hhg-working-group-report-recommendations.pdf
(last accessed July 19, 2023). The report describes situations where
rogue operators take advantage of revised estimates and recommends
revising Sec. 375.403(a)(6)(ii) to require a new estimate (see pp.
28-30).
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In making the change from ``revised binding estimate'' to ``new
binding estimate'' in 2022, however, there was no intent to remove the
requirement that the estimate contain an accurate and detailed list of
the household goods or services to which the estimate applied, and no
such change was discussed in the rulemaking. Rather, FMCSA intended
that the new estimate would justify the increased costs for additional
goods and services by clearly describing all goods and services
included in the shipment, as is required for original estimates in
Sec. 375.403(a)(5), including any additional goods tendered or
services requested. It has come to FMCSA's attention that deleting this
language may have inadvertently caused confusion about what a new
binding estimate must contain. The Agency is therefore amending Sec.
375.403(a)(6)(ii) to restore the language indicating that a list of
additional household goods and services is required when a new estimate
is prepared.
FMCSA also replaces ``Sec. 375.401(a)'' with ``Sec.
375.401(b)(1)'' in paragraph (b) to correct a cross reference. The
requirements for a binding estimate referenced in paragraph (b) are in
Sec. 375.401(b)(1), whereas Sec. 375.401(a) discusses physical
surveys and does not mention binding estimates. Accordingly, FMCSA is
updating the cross-reference to reflect the correct section of the
regulations.
Section 375.405 How must I provide a non-binding estimate?
FMCSA amends Sec. 375.405(b)(7)(ii) to make a clarification
similar to the above amendment in Sec. 375.403(a)(6)(ii). Section
375.405(b) describes the requirements for a non-binding estimate, and
Sec. 375.403(b)(7) relates to situations where a shipper of household
goods tenders additional household goods or requires additional
services not identified in the non-binding estimate, similar to the
situation described in Sec. 375.403(a)(6) but in the case of a non-
binding estimate instead of a binding estimate. FMCSA amended Sec.
375.405(b)(7)(ii) last year to require a new non-binding estimate,
rather than a revised non-binding estimate (87 FR 24431, 24435, Apr.
26, 2022). As with the 2022 amendment to Sec. 375.403(a)(6)(ii),
FMCSA's amendment to streamline the regulatory language inadvertently
caused confusion for movers when preparing new estimates. FMCSA now
amends Sec. 375.405(b)(7)(ii) to restore the original language,
clarifying that the non-binding estimate must provide a detailed and
accurate list of the additional household goods or services to which
the estimate applies.
Section 375.505 Must I write up a bill of lading?
FMCSA amends Sec. 375.505 by replacing the term ``order for
service'' with the term ``bill of lading'' in paragraph (b)(4). This
revision is consistent with the changes made in the 2022 final rule
incorporating recommendations from the Working Group (87 FR 24431, Apr.
26, 2022). As noted in the preamble of that rule, in agreement with
Recommendation 9 of the Working Group, FMCSA removed the requirements
in part 375 for an order for service as duplicative and updated the
requirements for a bill of lading to also include information that was
previously contained in an order for service (87 FR 2441). While all
references to an order for service in part 375 should have been
replaced with references to a bill of lading, the final rule
inadvertently left the original language in place in Sec.
375.505(b)(4). FMCSA updates the reference to reflect that the bill of
lading has replaced the order for service, consistent with the prior
revisions.
D. Part 378--Procedures Governing the Processing, Investigation, and
Disposition of Overcharge, Duplicate Payment, or Overcollection Claims
Section 378.2 Definitions
FMCSA revises the definition of overcollection in Sec. 378.2(d) so
that the Surface Transportation Board is no longer described as a
component of DOT. The Surface Transportation Board Reauthorization Act
made the Surface Transportation Board completely independent from DOT
(Pub. L. 114-110, 129 Stat. 2228, at 2228-29, Dec. 18, 2015). This
amendment removes the characterization of the Surface Transportation
Board as a DOT component to conform with the board's current status as
an independent agency.
E. Part 381--Waivers, Exemptions, and Pilot Programs
Section 381.225 Who should I contact if I have questions about the
information I am required to submit to the FMCSA or about the status of
my request for a waiver?
FMCSA replaces ``Office of Bus and Truck Standards and Operations
(MC-PS)'' with ``Office of Carrier, Driver & Vehicle Safety Standards
(MC-PS)'' to update the name of the office. The office name has changed
to ``Office of Carrier, Driver & Vehicle Safety Standards'' since this
section was last amended. FMCSA removes the word ``the'' preceding the
term ``FMCSA'' in the section heading as an update to the language for
consistency. FMCSA also removes the period after the term ``SE'' in the
address provided in the section.
Section 381.315 What will the FMCSA do after the agency receives my
application for an exemption?
FMCSA removes the word ``the'' where it precedes the term ``FMCSA''
in the section heading for consistency. FMCSA removes the word ``to''
preceding the word ``either'' in paragraph (b) and adds the word ``to''
before the word ``deny'' to correct a typographical error. In paragraph
(d)(1), FMCSA replaces ``the Department of Transportation, Docket
Management Facility, 1200 New Jersey Ave. SE, Washington, DC 20590-
0001'' with ``Dockets Operations, U.S. Department of Transportation,
1200 New Jersey Avenue SE, West Building, Ground Floor, Washington, DC
20590-0001'' to update the office name and location. In paragraph
(d)(2), FMCSA replaces ``the Department of Transportation, Docket
Management Facility'' with ``Dockets Operations, U.S. Department of
Transportation'' to update the office name.
F. Part 382--Controlled Substances and Alcohol Use and Testing
Section 382.213 Controlled Substance Use
FMCSA revises Sec. 382.213(b) to replace ``pursuant to the
instructions of a licensed medical practitioner'' with ``prescribed by
a licensed medical practitioner.'' This amendment conforms to FMCSA's
intent as described in its final rule ``Harmonizing
[[Page 80173]]
Schedule I Drug Requirements,'' published at 77 FR 4479 (Jan. 30,
2012). The Agency had proposed to amend Sec. 382.213(b) by replacing
``prescribed by'' with ``pursuant to the instructions of'' a licensed
medical practitioner but declined to adopt that change. When declining
to adopt the language change in the final rule, FMCSA explained that
the proposed change was inconsistent with language used elsewhere in
the Agency's regulations and would be confusing to public. The Agency
further stated in the final rule that it was removing the language
``pursuant to the instructions of'' and replacing it with the original
language in this section, ``prescribed by'' (77 FR 4481). However, that
change was inadvertently omitted from the 2012 final rule regulatory
text. This amendment conforms the language of Sec. 382.213(b) with
FMCSA's expressed intent.
Section 382.213(c) currently states that employers who have actual
knowledge of controlled substance use by drivers must not permit the
driver to perform, or continue to perform, safety-sensitive functions.
The term controlled substances, currently defined in Sec. 382.107,
refers to those substances tested for in accordance with 49 CFR 40.82.
FMCSA amends Sec. 382.213(c) by adding ``as defined in Sec. 382.107''
after ``controlled substances'' and by adding ``except when the use is
prescribed by a licensed medical practitioner, as defined in Sec.
382.107, who is familiar with the driver's medical history and has
advised the driver that the substance will not adversely affect the
driver's ability to safely operate a commercial motor vehicle.'' The
Agency makes this change to conform Sec. 382.213(c) with the language
of Sec. 382.213(b), as revised.
Section 382.217 Employer Responsibilities
Section 382.217 states that no employer may allow, require, permit,
or authorize a driver to operate a commercial motor vehicle (CMV)
during any period in which an employer determines that a driver is not
in compliance with the return-to-duty requirements in 49 CFR part 40,
subpart O, after the occurrence of prohibited drug or alcohol use, as
specified in paragraphs (a) through (d) or has actual knowledge that a
driver has used alcohol while performing safety sensitive functions,
used alcohol within 4 hours of performing safety-sensitive functions,
or used a controlled substance, as set forth in paragraphs (e)(1)
through (3). The term controlled substance, currently defined in Sec.
382.107, refers to those substances tested for in accordance with 49
CFR 40.82.
FMCSA amends paragraph (e)(3) by adding after ``controlled
substance'' the phrase ``except when the use is prescribed by a
licensed medical practitioner who is familiar with the driver's medical
history and has advised the driver that the substance will not
adversely affect the driver's ability to safely operate a commercial
motor vehicle.'' Under current regulations, a driver who uses a
controlled substance, as defined in Sec. 382.107, pursuant to a valid
prescription as described above, is not required to comply with return-
to-duty requirements. The Agency makes this change to conform with
existing practice in FMCSA's controlled substance use and testing
program and to conform paragraph (e)(3) with the language of Sec.
382.213(c), as revised.
G. Part 383--Commercial Driver's License Standards; Requirements and
Penalties
Section 383.25 Commercial Learner's Permit (CLP)
FMCSA amends Sec. 383.25(a)(1) by adding the words ``and is
otherwise authorized to operate the CMV for that trip'' following
``necessary to operate the CMV'' in the first sentence. Section 383.25
permits a CLP holder to operate a CMV on public roads for purposes of
behind-the-wheel (BTW) training, as long as several minimum conditions
are met. One of these conditions, set forth in Sec. 383.25(a)(1),
requires that the CLP holder be accompanied by the holder of a valid
commercial driver's license (CDL) who has the proper CDL group and
endorsement(s) necessary to operate the CMV and is physically present
in the front seat of the CMV next to the CLP holder, or in the case of
a passenger vehicle, directly behind or in the first row behind the
driver. The CDL holder must have the CLP holder under observation and
direct supervision. The amendment clarifies that the CDL holder must
also be legally authorized to operate the CMV for the trip. FMCSA makes
this revision in response to a petition for rulemaking submitted in
April 2023 by the Commercial Vehicle Safety Alliance asking the Agency
to clarify this issue in the interest of promoting safety.
The requirement that the CLP holder be accompanied by the holder of
a valid CDL who has the proper CDL group and endorsement(s) serves two
purposes: (1) the CDL holder, having passed the CDL skills test(s), is
knowledgeable in the operation of the CMV for BTW training purposes;
and (2) the CDL holder is ready to assume control of the CMV in the
event the CLP holder is not capable of performing a BTW training
maneuver, or becomes otherwise incapacitated. As discussed below, FMCSA
is aware, however, that situations may occur when the person
accompanying the CLP holder has a valid CDL but is nevertheless not
legally authorized to operate the CMV due to other existing regulatory
requirements.
For example, someone holding a valid CDL may be prohibited from
operating a CMV due to a drug or alcohol use or testing violation, in
accordance with Sec. 382.501(a). The Agency notes that even after the
CDL downgrade provision set forth in Sec. 383.73(q) takes effect on
November 18, 2024, thereby removing the CDL privilege from the holder's
license, the downgrade may not be recorded on the CDL holder's CDLIS
record for up to 60 days. Another example involves a CDL holder who is
not qualified to operate a CMV because they do not comply with the
physical qualification requirements in 49 CFR part 391, subpart E, as
required by Sec. 391.11(a). The holder's CDL is subject to downgrade
in accordance with Sec. 383.73(o)(4), due to not a having a current
medical certificate or medical variance, but again, the downgrade may
not be effective for 60 days. Another scenario would be when a CDL
holder has self-certified as ``excepted interstate commerce'' and is
thus exempt from medical requirements, but the CDL holder is
accompanying the CLP holder in a non-excepted interstate movement.
Under these circumstances, operating without a current medical
certificate is prohibited. In each of these examples, the individual
continues to hold a CDL that is facially valid while they are otherwise
prohibited from operating the CMV due to existing regulatory
requirements. FMCSA acknowledges that these examples are not intended
to be exclusive and that there may be other instances where an
individual holding a valid CDL is not authorized to operate the CMV
under the FMCSRs.
Section 383.37 Employer Responsibilities
FMCSA replaces the words ``he or she'' with the words ``the
employer'' in the introductory text of Sec. 383.37 to clarify that the
knowledge requirement referred to in the regulation applies to the
employer. In paragraph (d), FMCSA replaces the words ``he/she is
driving'' with ``the driver is operating'' to update the language.
[[Page 80174]]
H. Part 384--State Compliance With Commercial Driver's License Program
Section 384.208 Notification of Disqualification
Section 383.5 defines commercial driver's license (CDL) as a
license issued to an individual by a State or other jurisdiction of
domicile, in accordance with the standards contained in this part,
which authorizes the individual to operate a class of a CMV. In
accordance with Sec. 383.23(b)(1), CDLs issued by Canadian Provinces
and Territories in conformity with the Canadian National Safety Code
and the Licencias Federales de Conductor issued by the United Mexican
States are in accordance with the standards of 49 CFR part 383. In
Sec. 384.208(a), FMCSA adds the phrase ``or other jurisdiction of
domicile'' after ``by another State'' and adds the words ``or
jurisdiction'' after ``notify the State.'' The purpose of these
amendments, which reflect current practice, is to conform to the
current definition of CDL set forth in Sec. 383.5 and to clarify that
the commercial licensing entities in Canada and Mexico are included
within the scope of this section.
Section 384.209 Notification of Traffic Violations
In paragraphs (a)(1) and (b)(1) of Sec. 384.209, FMCSA adds the
phrase ``or other jurisdiction of domicile'' after ``another State''
and adds the words ``or jurisdiction'' between ``the licensing entity
in the State'' and ``where the driver is licensed.'' The purpose of
these amendments, which reflect current practice, is to conform to the
current definition of CDL set forth in Sec. 383.5 and to clarify that
the commercial licensing entities in Canada and Mexico are included
within the scope of this section, similar to the amendments to Sec.
384.208 above.
I. Part 386--Rules of Practice for FMCSA Proceedings
Agency Proceedings Before the Agency Decisionmaker
FMCSA amends part 386 by replacing ``Assistant Administrator'' with
``Agency Decisionmaker'' throughout the part, excluding Sec. Sec.
386.1 and 386.2. FMCSA amends Sec. Sec. 386.1 and 386.2 to make
similar, section-specific replacements. These amendments specify that
administrative proceedings under applicable provisions of the Federal
Motor Carrier Safety Regulations (49 CFR parts 350 through 399),
including the commercial regulations (49 CFR parts 360 through 379),
and the Hazardous Materials Regulations (49 CFR parts 171 through 180)
are not necessarily brought before the Assistant Administrator. The
statute requiring FMCSA to have an Assistant Administrator, 49 U.S.C.
113(e), does not require that this person act as the Agency
Decisionmaker. Replacing the current language is consistent with the
Agency's ability to allow another properly appointed official to assume
the duties of Agency Decisionmaker when the Assistant Administrator
position is vacant or when the Agency determines that this function is
better served by a different official. Consequently, this part will be
updated to state that such proceedings are before the Agency
Decisionmaker, rather than before the Assistant Administrator. FMCSA
also amends part 386 to conform the capitalization of the term ``Agency
Decisionmaker'' throughout the part.
Final Order
FMCSA amends part 386 to correct certain instances where the term
``Final Agency Order'' is used instead of the term ``Final Order.''
These terms, while similar, are distinguishable in that a Final Order
may be reviewed by the Agency Decisionmaker, while a Final Agency Order
is typically issued by the Agency Decisionmaker and constitutes FMCSA's
final action in a proceeding. The amendment applies to sections where
the regulations are intended to refer to an administratively reviewable
Final Order rather than a Final Agency Order as defined in Sec. 386.2.
The affected sections are Sec. Sec. 386.14, 386.16, 386.31, 386.36,
386.61, and 386.64. Taking Sec. 386.14 as an example, the document
currently described as a ``Notice of Default and Final Agency Order''
in Sec. 386.14(c)(1) is appealable to the Agency Decisionmaker for
review and is therefore not a Final Agency Order when initially issued,
thus the terminology must be corrected to read, ``Notice of Default and
Final Order.'' In addition to replacing the term ``Final Agency Order''
with ``Final Order'' where necessary to correct this oversight, the
Agency also makes minor conforming amendments to Sec. Sec.
386.14(c)(3) and 386.16(a)(5). The term ``Final Agency Order'' is
retained in sections describing orders that are Final Agency Orders as
defined in Sec. 386.2 (see, e.g., Sec. 386.18).
Section 386.1 Scope of the Rules in This Part
FMCSA amends Sec. 386.1(a) and (b) to replace ``Assistant
Administrator'' with ``Agency Decisionmaker,'' consistent with the
replacement amendment applied throughout part 386, described above. The
amendment to Sec. 386.1 includes the removal of the description of the
Assistant Administrator as FMCSA's Chief Safety Officer, appearing in
Sec. 386.1(a), because the section will no longer refer to the
Assistant Administrator.
Section 386.2 Definitions
FMCSA amends the definition of ``Agency Decisionmaker'' in Sec.
386.2. Currently, the Agency Decisionmaker is the Assistant
Administrator or any person to whom this decisionmaking authority has
been delegated. The amended definition will make clear that other
Agency officials may serve as the Agency Decisionmaker, provided they
are appointed by the President or otherwise duly authorized. As
discussed above, the Assistant Administrator is not statutorily
required to serve in this role and FMCSA has the discretion to delegate
these functions to another authorized official.
FMCSA deletes the definition of ``Assistant Administrator,'' as
this term will no longer be used interchangeably with the term ``Agency
Decisionmaker.''
FMCSA amends the definition of ``Final Agency Order'' to reflect
that such orders are issued by the Agency Decisionmaker or another
authorized official, in conformance with the amendments discussed
above.
Section 386.3 Separation of Functions
FMCSA amends Sec. 386.3 to conform the capitalization of the terms
``Agency Decisionmaker'' and ``Agency Decisionmakers'' with the
capitalization used throughout the rest of part 386.
Section 386.12 Complaints
FMCSA amends Sec. 386.12 by correcting the telephone number
provided for information on filing a written complaint, in each place
that the number appears. The telephone number included in this section
was inaccurately published as beginning with ``1-800,'' but in fact
begins with ``1-888.'' The remainder of the telephone number is
unchanged.
J. Part 387--Minimum Levels of Financial Responsibility for Motor
Carriers
Section 387.9 Financial Responsibility, Minimum Levels
FMCSA amends Sec. 387.9 by adding the words ``in bulk'' to one of
the commodities listed in table 1, to conform the description of that
commodity to other commodity descriptions on the list. Section 387.9
specifies minimum levels of financial responsibility that motor
carriers must maintain to comply with other sections within part 387
(see 49 CFR 387.7). The
[[Page 80175]]
level of financial responsibility required depends on the type of
carriage and the commodity transported, as shown in table 1 of Sec.
387.9. The second row of the table specifies a combination of carriage
type and commodity subject to a $5,000,000 level of financial
responsibility.
FMCSA, and FHWA before it, have amended table 1 several times to
clarify that the list generally refers to commodities carried in bulk
(see 59 FR 63921, 63924 (Dec. 12, 1994), 73 FR 76496 (Dec. 16, 2008),
and 86 FR 57060, 57064 (Oct. 14, 2021)). The table previously used
various terms to describe the quantities of these commodities and
stated that the $5,000,000 level of financial responsibility applied
to, among other commodities, in bulk Division 1.1, 1.2, 1.3 materials,
Division 2.3, Hazard Zone A, or Division 6.1, Packing Group I, Hazard
Zone A material. As part of a later amendment, this list of commodities
was broken into multiple clauses and the word ``or'' omitted. The term
``in bulk'' was also inadvertently omitted from the new clause
containing Division 2.3, Hazard Zone A materials. This commodity should
be described as in bulk, the same as the preceding and succeeding items
on this list. FMCSA corrects this oversight by prepending the words
``in bulk'' to Division 2.3, Hazard Zone A material.
K. Part 389--Rulemaking Procedures--Federal Motor Carrier Safety
Regulations
Section 389.3 Definitions
FMCSA revises the definition of act in Sec. 389.3 by adding ``or
commercial activity'' to the end of the definition. This revision
clarifies that the rulemaking procedures in part 389 apply to the
issuance, amendment, and revocation of rules under FMCSA's statutory
authority for both motor carrier safety and commercial activities.\4\
The definition of act currently references statutes only covering motor
carrier safety. FMCSA's intent and practice, however, is and has been
that part 389 applies to rulemaking procedures in all areas of FMCSA's
authority, including the Agency's commercial authorities. The lack of
reference to commercial authorities is an oversight in Sec. 389.3 that
has carried over from predecessor agency regulations.
---------------------------------------------------------------------------
\4\ FMCSA's commercial household goods regulations in part 375
cite part 389 when referring to procedures required to update
regulatory requirements relating to appendix A of part 375 through
notice and comment rulemaking (49 CFR 375.213(c)(1)).
---------------------------------------------------------------------------
When responsibility for administering these commercial authorities
was transferred from the ICC to FHWA,\5\ the definition of act should
have been updated to include the new authorities under which FHWA was
promulgating regulations. However, the new commercial authorities were
not formally updated into the definition of act, although nothing in
the regulatory history of this section suggests this omission was
intended. When the FHWA regulations were transferred to FMCSA, it was
an inadvertent oversight for the Agency to not update the definition to
include the commercial statutes. In practice, the Agency has treated
these regulatory actions the same. Thus, the Agency remedies this
ongoing oversight by revising the definition of act to include a
reference to FMCSA's commercial statutory authorities to clarify that
the provisions in part 389 apply to the issuance, amendment, and
revocation of rules under both safety and commercial authorities.
---------------------------------------------------------------------------
\5\ See the Legal Basis section above for an overview of the
relevant statutes that transferred authority for certain provisions
from the ICC to FHWA, and subsequently to FMCSA.
---------------------------------------------------------------------------
Section 389.31 Petitions for Rulemaking
FMCSA amends Sec. 389.31 by correcting a typographical error in
the Agency's website address. The published address, ``www.FMCSA.gov,''
is incorrect and FMCSA replaces it with the correct address, which is
``www.FMCSA.dot.gov.''
L. Part 390--Federal Motor Carrier Safety Regulations; General
Sections 390.5 (Suspended) and 390.5T Definitions \6\
---------------------------------------------------------------------------
\6\ On January 17, 2017, FMCSA suspended certain regulations
relating to the electronic Unified Registration System and delayed
their effective date indefinitely (82 FR 5292). The suspended
regulations were replaced by temporary provisions that contain the
requirements in place on January 13, 2017. Section 390.5 was one of
the sections suspended and Sec. 390.5T, which is currently in
effect, was one of the replacement sections added (82 FR 5299).
---------------------------------------------------------------------------
FMCSA revises the definition of employer in Sec. Sec. 390.5
(suspended) and 390.5T by replacing the word ``terms'' with ``term'' to
correct a typographical error. The word ``term'' is meant to refer to
the term ``employer'' in the singular.
FMCSA revises the definition of medical variance in Sec. Sec.
390.5 (suspended) and 390.5T by removing the words ``or Sec. 391.64 of
this chapter'' in paragraph (1) of the definition. Section 391.64
provided a basis for an exemption from the Agency's vision standard for
certain drivers who participated in FMCSA's Vision Waiver Study Program
conducted in the 1990s. On January 21, 2022, FMCSA published a final
rule adopting an alternative vision standard for individuals to be
medically certified to operate CMVs in interstate commerce (87 FR
3390). The rule also eliminated physical qualification under Sec.
391.64 as of March 22, 2023 (87 FR 7756, Feb. 10, 2022). Because this
date has passed, FMCSA removes the obsolete reference to medical
certification under Sec. 391.64 from the definition. In addition,
FMCSA adds the word ``or'' to the end of paragraph (1) of the
definition to make the list grammatically correct and reflect that
either of the documents listed is included in the definition, as
indicated in the introductory paragraph of the term.
FMCSA revises the definition of special agent in Sec. Sec. 390.5
(suspended) and 390.5T by replacing ``appendix B to subchapter B--
Special agents'' and ``appendix B to this subchapter--Special agents,''
respectively, with ``appendix B to this part.'' This change reflects
the redesignation of appendix B to subchapter B of chapter III
discussed above in section III.A. The redesignation appends the Special
Agents material to part 390, the part to which it most directly
pertains.
Section 390.25 Extension of Relief From Regulations--Emergencies
FMCSA revises Sec. 390.25 by replacing the words ``he or she''
with the word ``it'' in the last sentence of the section. This
amendment also corrects an error from a previous technical amendment.
In FMCSA's technical amendments rule published October 14, 2021, the
Agency replaced the term ``the FMCSA Field Administrator'' with the
term ``FMCSA,'' and a corresponding edit should have been made to
replace ``he or she'' with ``it'' in the same sentence (see 86 FR
57060, 57064-65, Oct. 14, 2021). This amendment corrects that
oversight.
Section 390.27 Locations of Motor Carrier Safety Service Centers
FMCSA revises Sec. 390.27 to change the address of the Southern
Service Center from 1800 Century Boulevard, Suite 1700, Atlanta,
Georgia 30345-3220, to 61 Forsyth Street SW, Suite 3M40, Atlanta, GA
30303. The Southern Service Center moved in May 2021, requiring this
update to remove the obsolete address.
[[Page 80176]]
M. Part 391--Qualifications of Drivers and Longer Combination Vehicle
(LCV) Driver Instructors
Section 391.23 Investigation and Inquiries
FMCSA revises Sec. 391.23 to clarify that the initial motor
vehicle record (MVR) required by Sec. 391.23(a) is to cover the prior
3 years. This revision addresses an inadvertent error in a previous
rulemaking titled, ``Medical Certification Requirements as Part of the
CDL,'' published at 73 FR 73095 (Dec. 1, 2008). FMCSA's intention in
that rulemaking was to revise paragraph (a)(1) to use the terms ``State
driver license agency'' and ``motor vehicle record'' (73 FR 73113).
Prior to the rule, paragraph (a)(1) read, ``An inquiry into the
driver's driving record during the preceding 3 years to the appropriate
agency of every State in which the driver held a motor vehicle
operator's license or permit during those 3 years; and.'' The rule
revised the paragraph to read ``An inquiry to each State where the
driver held or holds a motor vehicle operator's license or permit
during the preceding 3 years to obtain that driver's motor vehicle
record.'' The rulemaking provided no mention of, nor rationale for, the
removal of the language requiring the initial MVR to cover the prior 3
years.
FMCSA now fixes this unintentional deletion by adding ``covering
that driver's prior 3-year driving history'' to the end of paragraph
(a)(1). The accidental removal of the language in the 2008 rule has not
changed how the 3-year requirement has been applied since 2008, but
FMCSA believes adding that language back to paragraph (a)(1) increases
clarity for regulated entities.
Section 391.43 Medical Examination; Certificate of Physical Examination
FMCSA amends three paragraphs in Sec. 391.43 to remove obsolete
references to medical certification under Sec. 391.64. As noted above,
Sec. 391.64 provided a basis for an exemption from the Agency's vision
standard for certain drivers who participated in FMCSA's Vision Waiver
Study Program conducted in the 1990s. On January 21, 2022, FMCSA
published a final rule adopting an alternative vision standard for
individuals to be medically certified to operate CMVs in interstate
commerce (87 FR 3390). The rule also eliminated physical qualification
under Sec. 391.64 as of March 22, 2023 (87 FR 7756, Feb. 10, 2022).
FMCSA revises Sec. 391.43 by removing and reserving paragraph (e).
Paragraph (e) relates only to drivers medically certified under Sec.
391.64.
In paragraph (f), FMCSA changes the Medical Examination Report
Form, MCSA-5875, by removing the option for medical certification under
Sec. 391.64 in the ``Medical Examiner Determination (Federal)''
section. Use of the revised form will become effective 60 days after
this rule is published to provide sufficient time for the public to
make any necessary information technology changes.
In paragraph (h), FMCSA changes the Medical Examiner's Certificate,
Form MCSA-5876, by removing the option for medical certification under
Sec. 391.64 in the first section on the form. Use of the revised form
will become effective 60 days after this rule is published to provide
sufficient time for the public to make any necessary information
technology changes.
Section 391.45 Persons Who Must Be Medically Examined and Certified
FMCSA revises Sec. 391.45 by removing and reserving paragraph (d).
Paragraph (d) relates only to drivers medically certified under Sec.
391.64. As previously noted, Sec. 391.64 provided a basis for an
exemption from the Agency's vision standard for certain drivers who
participated in FMCSA's Vision Waiver Study Program conducted in the
1990s. On January 21, 2022, FMCSA published a final rule adopting an
alternative vision standard for individuals to be medically certified
to operate CMVs in interstate commerce (87 FR 3390). The rule also
eliminated physical qualification under Sec. 391.64 as of March 22,
2023 (87 FR 7756, Feb. 10, 2022). Because this date has passed, FMCSA
removes the obsolete reference to medical certification under Sec.
391.64.
Section 391.47 Resolution of Conflicts of Medical Evaluation
FMCSA amends Sec. 391.47 to reflect current Agency terminology and
eligibility to conduct a driver physical qualification examination.
Section 391.47 provides a process to resolve conflicting medical
certification determinations between the medical examiner for the
driver and the medical examiner for the motor carrier. When Sec.
391.47 was adopted in 1970, the term ``medical examiner'' was used in
Sec. 391.47 to describe the individuals who conducted the physical
qualification examination (35 FR 6458, Apr. 22, 1970). At that time,
Sec. 391.43(a) provided that only a physician, i.e., a licensed doctor
of medicine or osteopathy, was allowed to conduct such examinations. In
1977, Sec. 391.47 was completely rewritten and an opinion by an
impartial medical specialist in the field in which the medical conflict
arose was added to the process (42 FR 18076, Apr. 5, 1977). The term
``physician'' was used throughout the revised section to replace
medical examiner and to include the impartial medical specialist. The
intent was to ensure that the medical specialist was well qualified.
The relevant provisions of Sec. 391.47 have not been revised since
1977.
Over time, the categories of medical professionals eligible to
conduct physical qualification examinations have expanded and the term
used to describe them has changed. In 1992, a new definition of health
care professional was added to Sec. 390.5 (57 FR 33276, July 28,
1992). The term was defined as a person who is licensed, certified,
and/or registered, in accordance with applicable State laws and
regulations, to perform physical examinations. It included, but was not
limited to, doctors of medicine, doctors of osteopathy, physician
assistants, advanced practice nurses, and doctors of chiropractic.
Section 391.43(a)(1) was amended to provide that the physical
qualification examination must be performed by a licensed health care
professional as defined in Sec. 390.5.
In 1993, Sec. Sec. 390.5 and 391.43 were amended with a technical
amendment that changed the term ``health care professional'' wherever
it appeared back to the previous usage of ``medical examiner'' without
a change to the definition (58 FR 59194, Nov. 8, 1993). In 2012, the
definition of medical examiner in Sec. 390.5 was amended with respect
to physical qualification examinations conducted on and after May 21,
2014, to mean an individual certified by FMCSA and listed on the
National Registry of Certified Medical Examiners in accordance with 49
CFR part 390 (77 FR 24104, Apr. 20, 2012). New Sec. 390.103(a)(1)
provides the professional licensure requirements for medical examiner
eligibility, which are essentially the same as those in the prior
definition of medical examiner.
Section 391.47 was inadvertently overlooked when these changes
occurred; therefore, FMCSA amends Sec. 391.47 to conform to current
Agency terminology and medical examiner eligibility. In paragraphs
(b)(1) and (7), FMCSA changes ``physicians'' to ``medical examiners and
medical specialists.'' In paragraph (b)(2), FMCSA changes ``physician''
to ``medical examiner'' each place that it appears.
In addition, FMCSA revises Sec. 391.47 by removing the mail stop
``MC-PS'' in each place that it appears. This amendment corrects an
inadvertent error from a previous technical amendment. In FMCSA's
technical amendments rule published October 14,
[[Page 80177]]
2021, the Agency simplified many sections across various parts of the
CFR to remove or otherwise update references to specific titles or
offices to provide greater flexibility in delegations (86 FR 57060).
The Agency replaced references to the Office of Carrier, Driver and
Vehicle Safety Standards and its Director with the term ``FMCSA,'' but
failed to remove the corresponding mail stop (86 FR 57074). This
amendment corrects that oversight in Sec. 391.47(c), (d)(1) and (2),
and (f) by removing the reference to ``MC-PS.''
N. Part 395--Hours of Service of Drivers
Section 395.2 Definitions
FMCSA amends the definition of utility service vehicle provided in
Sec. 395.2 by adding broadband-internet and cellular telephone
operations as examples of public utilities in paragraph (1) of the
definition. The definition of utility service vehicle in Sec. 395.2 is
used in part 391 as part of the hours of service regulations. The
definition provides a non-exhaustive list of public utilities in
paragraph (1) as an illustration of which CMVs should be considered
utility service vehicles. Broadband-internet and cellular telephone
operations are public utilities, as evidenced by the Federal
Communication Commission's classification of these services as public
utilities. Many CMVs are used to repair, maintain, and operate
facilities necessary for the delivery of broadband-internet and
cellular telephone operations. Given the prevalence of these operations
and associated vehicles, FMCSA amends the list of public utilities in
Sec. 395.2 by adding broadband-internet and cellular telephone
operations.
Section 395.13 Drivers Ordered Out of Service
FMCSA replaces ``appendix B to this subchapter'' with ``appendix B
to part 390'' in paragraph (a). This change reflects the redesignation
of appendix B to subchapter B of chapter III discussed above in section
III.A. The redesignation appends the Special Agents material to part
390, the part to which it most directly pertains.
O. Part 396--Inspection, Repair, and Maintenance
Section 396.9 Inspection of Motor Vehicles and Intermodal Equipment in
Operation
FMCSA replaces ``appendix B to this subchapter'' with ``appendix B
to part 390'' in paragraph (a). This change reflects the redesignation
of appendix B to subchapter B of chapter III discussed above in section
III.A. The redesignation appends the Special Agents material to part
390, the part to which it most directly pertains.
P. Part 398--Transportation of Migrant Workers
Section 398.8 Administration Inspection of Motor Vehicles in Operation
FMCSA replaces ``Appendix B of chapter III of this title'' with
``appendix B to part 390'' in paragraph (a). This paragraph references
the Special Agents appendix, although it incorrectly describes the
appendix as appended to chapter III rather than subchapter B. FMCSA
amends this section to reflect the redesignation of appendix B to
subchapter B of chapter III discussed above in section III.A. The
redesignation appends the Special Agents material to part 390, the part
to which it most directly pertains.
IV. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), E.O. 14094
(Modernizing Regulatory Review), and DOT Regulatory Policies and
Procedures
FMCSA has considered the impact of this final rule under E.O. 12866
(58 FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563
(76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory
Review, and by E.O. 14094 (88 FR 21879, Apr. 11, 2023), Modernizing
Regulatory Review. The Office of Information and Regulatory Affairs
(OIRA) within the Office of Management and Budget (OMB) determined that
this final rule is not a significant regulatory action under section
3(f) of E.O. 12866, as supplemented by E.O. 13563 and E.O. 14094, and
does not require an assessment of potential costs and benefits under
section 6(a)(3) of that order. Accordingly, OMB has not reviewed it
under that E.O. In addition, this rule is not significant within the
meaning of DOT regulations (49 CFR 5.13(a)). The amendments made in
this final rule primarily correct inadvertent errors and omissions,
remove or update obsolete references, and make minor language changes
to improve clarity and consistency. Some changes are statutorily
mandated or relate to previous changes that were statutorily mandated.
In accommodating those changes, the Agency is performing
nondiscretionary, ministerial acts. Other changes merely align
regulatory requirements with the underlying statutory authority. None
of the changes in this final rule impose new material requirements or
increase compliance obligations; therefore, this final rule imposes no
new costs and a full regulatory evaluation is unnecessary.
B. Congressional Review Act
This rule is not a major rule as defined under the Congressional
Review Act (5 U.S.C. 801-808).\7\
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\7\ A major rule means any rule that the Office of Management
and Budget finds has resulted in or is likely to result in (a) an
annual effect on the economy of $100 million or more; (b) a major
increase in costs or prices for consumers, individual industries,
geographic regions, Federal, State, or local government agencies; or
(c) significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based enterprises to compete with foreign-based enterprises
in domestic and export markets (5 U.S.C. 802(4)).
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C. Regulatory Flexibility Act (Small Entities)
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612),
FMCSA is not required to complete a regulatory flexibility analysis
because, as discussed earlier in the Legal Basis for the Rulemaking
section, this action is not subject to notice and public comment under
section 553(b) of the APA.
D. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857, Mar.
29, 1996), FMCSA wants to assist small entities in understanding this
final rule so they can better evaluate its effects on themselves and
participate in the rulemaking initiative. If the final rule will affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance;
please consult the person listed under the FOR FURTHER INFORMATION
CONTACT section of this final rule.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement
[[Page 80178]]
fairness and an explicit policy against retaliation for exercising
these rights.
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $192 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2022 levels) or more in any 1 year. This final rule will not result in
such an expenditure.
F. Paperwork Reduction Act
This final rule contains no new information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
G. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' FMCSA has determined that this rule will not have
substantial direct costs on or for States, nor will it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.
H. Privacy
Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005 (Pub. L. 108-447, 118 Stat. 2809, 3268, Dec.
8, 2004 (5 U.S.C. 552a note)), requires the Agency to conduct a privacy
impact assessment of a regulation that will affect the privacy of
individuals. Because this rule does not require the collection of
personally identifiable information, the Agency is not required to
conduct a privacy impact assessment.
The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program.
The E-Government Act of 2002 (Pub. L. 107-347, sec. 208, 116 Stat.
2899, 2921, Dec. 17, 2002), requires Federal agencies to conduct a
privacy impact assessment for new or substantially changed technology
that collects, maintains, or disseminates information in an
identifiable form. No new or substantially changed technology will
collect, maintain, or disseminate information as a result of this rule.
Accordingly, FMCSA has not conducted a privacy impact assessment.
I. E.O. 13175 (Indian Tribal Governments)
This rule does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
J. National Environmental Policy Act of 1969
FMCSA analyzed this rule pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and determined this action
is categorically excluded from further analysis and documentation in an
environmental assessment or environmental impact statement under FMCSA
Order 5610.1 (69 FR 9680 (Mar. 1, 2004)), Appendix 2, paragraph 6.b and
c. These Categorical Exclusions address technical amendments and other
minor amendments such as those found in this rulemaking, as well as
regulations concerning internal agency functions, organization or
personnel administration. Therefore, preparation of an environmental
assessment or environmental impact statement is not necessary.
List of Subjects
49 CFR Part 325
Motor carriers, Noise control.
49 CFR Part 365
Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Maritime carriers, Mexico, Motor carriers, Moving of
household goods.
49 CFR Part 368
Administrative practice and procedure, Mexico, Motor carriers.
49 CFR Part 369
Motor carriers, Reporting and recordkeeping requirements.
49 CFR Part 371
Brokers, Motor carriers, Reporting and recordkeeping requirements.
49 CFR Part 375
Advertising, Consumer protection, Freight, Highways and roads,
Insurance, Motor carriers, Moving of household goods, Reporting and
recordkeeping requirements.
49 CFR Part 378
Freight forwarders, Investigations, Motor carriers, Moving of
household goods.
49 CFR Part 381
Motor carriers.
49 CFR Part 382
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.
49 CFR Part 383
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.
49 CFR Part 384
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.
49 CFR Part 385
Administrative practice and procedure, Highway safety, Mexico,
Motor carriers, Motor vehicle safety, Reporting and recordkeeping
requirements.
49 CFR Part 386
Administrative practice and procedure, Brokers, Freight forwarders,
Hazardous materials transportation, Highway safety, Highways and roads,
Motor carriers, Motor vehicle safety, Penalties.
49 CFR Part 387
Buses, Freight, Freight forwarders, Hazardous materials
transportation, Highway safety, Insurance, Intergovernmental relations,
Motor carriers, Motor vehicle safety, Moving of household goods,
Penalties, Reporting and recordkeeping requirements, Surety bonds.
49 CFR Part 389
Administrative practice and procedure, Highway safety, Motor
carriers, Motor vehicle safety.
49 CFR Part 390
Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.
[[Page 80179]]
49 CFR Part 391
Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety,
Transportation.
49 CFR Part 395
Highway safety, Motor carriers, Reporting and recordkeeping
requirements.
49 CFR Part 396
Highway safety, Motor carriers, Motor vehicle safety, Reporting and
recordkeeping requirements.
49 CFR Part 398
Highway safety, Migrant labor, Motor carriers, Motor vehicle
safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, FMCSA amends 49 CFR chapter III
as set forth below:
PART 325--COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION
STANDARDS
0
1. The authority citation for part 325 continues to read as follows:
Authority: 42 U.S.C. 4917; 49 U.S.C. 301; and 49 CFR 1.87.
0
2. Amend Sec. 325.13 by, in paragraph (a):
0
a. Adding a heading; and
0
b. Removing the words ``appendix B to subchapter B'' and adding in
their place ``appendix B to part 390 of this chapter''.
Sec. 325.13 Inspection and examination of motor vehicles.
(a) Authority. * * *
* * * * *
Appendix A to Subchapter B of Chapter III [Removed]
0
3. Under the authority of 44 U.S.C. 1505 and 1510, remove reserved
appendix A to subchapter B of chapter III.
Appendix B to Subchapter B of Chapter III [Redesignated as Appendix B
to Part 390]
0
4. Under the authority of 49 U.S.C. 113, redesignate appendix B to
subchapter B of chapter III as appendix B to part 390.
Appendices C Through E to Subchapter B of Chapter III [Removed]
0
5. Under the authority of 44 U.S.C. 1505 and 1510, remove reserved
appendices C through E to subchapter B of chapter III.
PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
0
6. The authority citation for part 365 continues to read as follows:
Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-
13906, 13908, 14708, 31133, 31138, and 31144; 49 CFR 1.87.
Sec. 365.105 [Amended]
0
7. Amend Sec. 365.105 by:
0
a. Lifting the suspension of the section;
0
b. In paragraph (c), removing ``Web site'' and ``http'' and in their
places adding ``website'' and ``https'', respectively; and
0
c. Suspending the section indefinitely.
Sec. 365.106T [Amended]
0
8. Amend Sec. 365.106T by, in paragraph (c), removing ``Web site'' and
``http'' and in their places adding ``website'' and ``https'',
respectively.
Subpart D [Suspension Lifted]
0
9. Lift the suspension of subpart D, consisting of Sec. Sec. 365.401
through 365.405.
Sec. Sec. 365.401, 365.403, and 365.405 [Suspended]
0
10. Suspend Sec. Sec. 365.401, 365.403, and 365.405 indefinitely.
Sec. 365.503 [Amended]
0
11. Amend Sec. 365.503 by, in paragraph (d), removing ``Web site'' and
``http'' and in their places adding ``website'' and ``https'',
respectively.
PART 368--APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE
IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO
INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH
MUNICIPALITIES
0
12. The authority citation for part 368 continues to read as follows:
Authority: 49 U.S.C. 13301, 13902, 13908; Pub. L. 106-159, 113
Stat. 1748; and 49 CFR 1.87.
Sec. 368.3 [Amended]
0
13. Amend Sec. 368.3 by:
0
a. Lifting the suspension of the section;
0
b. In paragraph (f), removing ``Web site'' and ``http'' and in their
places adding ``website'' and ``https'', respectively; and
0
c. Suspending the section indefinitely.
Sec. 368.3-1T [Amended]
0
14. Amend Sec. 368.3-1T by, in paragraph (c), removing ``Web site''
and ``http'' and in their places adding ``website'' and ``https'',
respectively.
Sec. 368.3T [Amended]
0
15. Amend Sec. 368.3T by, in paragraph (f), removing ``Web site'' and
``http'' and in their places adding ``website'' and ``https'',
respectively.
PART 369--REPORTS OF MOTOR CARRIERS
0
16. The authority citation for part 369 continues to read as follows:
Authority: 49 U.S.C. 14123; 49 CFR 1.87.
Sec. 369.1 [Amended]
0
17. Amend Sec. 369.1 by, in paragraph (b), removing ``Web site'' and
``http'' and in their places adding ``website'' and ``https'',
respectively.
PART 371--BROKERS OF PROPERTY
0
18. The authority citation for part 371 continues to read as follows:
Authority: 49 U.S.C. 13301, 13501, and 14122; subtitle B, title
IV of Pub. L. 109-59; and 49 CFR 1.87.
Sec. 371.107 [Amended]
0
19. Amend Sec. 371.107 by:
0
a. Removing the words ``Web site(s)'' wherever they appear and in their
place adding the word ``website(s)''; and
0
b. In paragraph (e), removing ``of this part''.
Sec. 371.111 [Amended]
0
20. Amend Sec. 371.111 by, in paragraph (a)(1), removing the words
``Web site'' and in their place adding the word ``website''.
Sec. 371.117 [Amended]
0
21. Amend Sec. 371.117 by, in paragraph (a), removing the words ``Web
site'' and in their place adding the word ``website''.
PART 375--TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE;
CONSUMER PROTECTION REGULATIONS
0
22. The authority citation for part 375 continues to read as follows:
Authority: 49 U.S.C. 13102, 13301, 13501, 13704, 13707, 13902,
14104, 14706, 14708; subtitle B, title IV of Pub. L. 109-59; and 49
CFR 1.87.
Sec. 375.103 [Amended]
0
23. Amend Sec. 375.103 by:
0
a. In the definition of ``Advertisement'', removing the words
[[Page 80180]]
``Web site'' and in their place adding the word ``website''; and
0
b. In the definition of ``Tariff'', removing ``Sec. 1312.3(a)'' and
adding in its place ``Sec. 1310.3(a)''.
Sec. 375.213 [Amended]
0
24. Amend Sec. 375.213 by, in paragraph (d), removing the words ``Web
site'' and in their place adding the word ``website''.
0
25. Amend Sec. 375.403 by revising paragraph (a)(6)(ii) and the first
sentence of paragraph (b) to read as follows:
Sec. 375.403 How must I provide a binding estimate?
(a) * * *
(6) * * *
(ii) Prepare a new binding estimate prior to loading. The new
estimate must accurately list, in detail, the additional household
goods or services included in the shipment. The new estimate must be
signed by the individual shipper. You should maintain a record of the
date, time, and manner that the new estimate was prepared.
* * * * *
(b) In accordance with Sec. 375.401(b)(1), you may impose a charge
for providing a written binding estimate. * * *
* * * * *
0
26. Amend Sec. 375.405 by revising paragraph (b)(7)(ii) to read as
follows:
Sec. 375.405 How must I provide a non-binding estimate?
* * * * *
(b) * * *
(7) * * *
(ii) Prepare a new non-binding estimate which must be signed by the
individual shipper. The new estimate must accurately list, in detail,
the additional household goods or services included in the shipment.
You should maintain a record of the date, time, and manner that the new
estimate was prepared.
* * * * *
Sec. 375.505 [Amended]
0
27. Amend Sec. 375.505 by, in paragraph (b)(4), removing the words
``order for service'' and in their place adding the words ``bill of
lading''.
PART 378--PROCEDURES GOVERNING THE PROCESSING, INVESTIGATION, AND
DISPOSITION OF OVERCHARGE, DUPLICATE PAYMENT, OR OVERCOLLECTION
CLAIMS
0
28. The authority citation for part 378 continues to read as follows:
Authority: 49 U.S.C. 13321, 14101, 14704 and 14705; and 49 CFR
1.87.
Sec. 378.2 [Amended]
0
29. Amend Sec. 378.2 by, in paragraph (d), removing the words ``United
States Department of Transportation's''.
PART 381--WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS
0
30. The authority citation for part 381 continues to read as follows:
Authority: 49 U.S.C. 31136(e), 31315; and 49 CFR 1.87.
0
31. Revise Sec. 381.225 to read as follows:
Sec. 381.225 Who should I contact if I have questions about the
information I am required to submit to FMCSA or about the status of my
request for a waiver?
You should contact the Federal Motor Carrier Safety Administration,
Office of Carrier, Driver & Vehicle Safety (MC-PS), 1200 New Jersey
Ave. SE, Washington, DC 20590-0001.
0
32. Amend Sec. 381.315 by revising the section heading, paragraph (b),
and the first sentences of paragraphs (d)(1) and (2) to read as
follows:
Sec. 381.315 What will FMCSA do after the agency receives my
application for an exemption?
* * * * *
(b) After a review of the comments received in response to the
Federal Register notice described in paragraph (a) of this section, the
Federal Motor Carrier Safety Administration will make a
recommendation(s) to the Administrator either to grant or to deny the
exemption. Notice of the Administrator's decision will be published in
the Federal Register.
* * * * *
(d) * * *
(1) Interested parties may view the information contained in the
docket by visiting Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001. * * *
(2) Internet users can access all information received by Dockets
Operations, U.S. Department of Transportation by using the Federal
Docket Management System using the uniform resources locator (URL):
https://www.regulations.gov. * * *
PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING
0
33. The authority citation for part 382 continues to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec.
32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.
0
34. Amend Sec. 382.107 by removing the definition of ``Consortium/
Third party administrator'' and adding in its place the definition of
``Consortium/Third-party administrator'' to read as follows:
Sec. 382.107 Definitions.
* * * * *
Consortium/Third-party administrator (C/TPA) means a service agent
that provides or coordinates one or more drug and/or alcohol testing
services to DOT-regulated employers. C/TPAs typically provide or
coordinate the provision of a number of such services and perform
administrative tasks concerning the operation of the employers' drug
and alcohol testing programs. This term includes, but is not limited
to, groups of employers who join together to administer, as a single
entity, the DOT drug and alcohol testing programs of its members (e.g.,
having a combined random testing pool). C/TPAs are not ``employers''
for purposes of this part, except as provided in Sec. 382.705(c).
* * * * *
Sec. 382.213 [Amended]
0
35. Amend Sec. 382.213 by:
0
a. In paragraph (b), removing the words ``pursuant to the instructions
of a licensed medical practitioner'' and in their place adding the
words ``prescribed by a licensed medical practitioner''; and
0
b. In paragraph (c):
0
i. Adding the words ``, as defined in Sec. 382.107,'' after the words
``controlled substance''; and
0
ii. Adding the words ``, except when the use is prescribed by a
licensed medical practitioner, as defined in Sec. 382.107, who is
familiar with the driver's medical history and has advised the driver
that the substance will not adversely affect the driver's ability to
safely operate a commercial motor vehicle'' to the end of the
paragraph.
Sec. 382.217 [Amended]
0
36. Amend Sec. 382.217 by, in paragraph (e)(3), adding the words ``,
except when the use is prescribed by a licensed medical practitioner
who is familiar with the driver's medical history and has advised the
driver that the substance will not adversely affect the driver's
ability to safely operate a commercial motor vehicle'' after the words
``controlled substance''.
Sec. 382.401 [Amended]
0
37. Amend Sec. 382.401 by, in paragraph (c)(6)(i), removing the words
``third
[[Page 80181]]
party'' and in their place adding the word ``third-party''.
Sec. 382.403 [Amended]
0
38. Amend Sec. 382.403 by, in paragraph (e), removing the words
``Consortium/Third party administrator'' and in their place adding the
words ``Consortium/Third-party administrator''.
Sec. 382.409 [Amended]
0
39. Amend Sec. 382.409 by:
0
a. Removing the words ``consortium/third party administrator'' in each
place they appear and in their place adding the words ``consortium/
third-party administrator''; and
0
b. Removing the words ``third party administrator'' in each place they
appear and in their place adding the words ``third-party
administrator''.
Sec. 382.711 [Amended]
0
40. Amend Sec. 382.711 by, in paragraph (d) introductory text,
removing the words ``consortium/third party administrator'' and in
their place adding the words ``consortium/third-party administrator''.
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
0
41. The authority citation for part 383 continues to read as follows:
Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502;
secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767;
sec. 1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of
Pub. L. 109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141,
126 Stat. 405, 830; sec. 23019 of Pub. L. 117-58, 135 Stat. 429,
777; and 49 CFR 1.87.
Sec. 383.5 [Amended]
0
42. Amend Sec. 383.5 by removing the words ``Third party'' and ``third
party'' in each place they appear and in their places adding the words
``Third-party'' and ``third-party'', respectively.
Sec. 383.25 [Amended]
0
43. Amend Sec. 383.25 by, in paragraph (a)(1), adding the words ``and
is otherwise authorized to operate the CMV for that trip'' after the
words ``necessary to operate the CMV''.
Sec. 383.37 [Amended]
0
44. Amend Sec. 383.37 by:
0
a. In the introductory text, removing the words ``he or she'' and in
their place adding the words ``the employer''; and
0
b. In paragraph (d), removing the words ``he/she is driving'' and in
their place adding the words ``the driver is operating''.
0
45. Amend Sec. 383.75 by revising the section heading and paragraphs
(a) introductory text, (a)(2) through (4), (a)(5) introductory text,
(a)(5)(ii), (a)(6), (a)(8)(ii), (a)(8)(iii)(B), (a)(8)(iv) through
(viii), (a)(8)(ix) introductory text, (a)(8)(ix)(A) through (C), (E),
and (F), (b), and (c) to read as follows:
Sec. 383.75 Third-party testing.
(a) Third-party tests. A State may authorize a third-party tester
to administer the skills tests as specified in subparts G and H of this
part, if the following conditions are met:
* * * * *
(2) The State must conduct an on-site inspection of each third-
party tester at least once every 2 years, with a focus on examiners
with irregular results such as unusually high or low pass/fail rates;
(3) The State must issue the third-party tester a CDL skills
testing certificate upon the execution of a third-party skills testing
agreement;
(4) The State must issue each third-party CDL skills test examiner
a skills testing certificate upon successful completion of a formal
skills test examiner training course prescribed in Sec. 384.228 of
this chapter;
(5) The State must, at least once every 2 years, do one of the
following for each third-party examiner:
* * * * *
(ii) Have State employees co-score along with the third-party
examiner during CDL skills tests to compare pass/fail results; or
* * * * *
(6) The State must take prompt and appropriate remedial action
against a third-party tester that fails to comply with State or Federal
standards for the CDL testing program, or with any other terms of the
third-party contract;
* * * * *
(8) * * *
(ii) Require that all third-party skills test examiners meet the
qualification and training standards of Sec. 384.228 of this chapter;
(iii) * * *
(B) Have State employees co-score along with the third-party
examiner during CDL skills tests to compare pass/fail results; or
* * * * *
(iv) Reserve unto the State the right to take prompt and
appropriate remedial action against a third-party tester that fails to
comply with State or Federal standards for the CDL testing program, or
with any other terms of the third-party contract;
(v) Require the third-party tester to initiate and maintain a bond
in an amount determined by the State to be sufficient to pay for re-
testing drivers in the event that the third party or one or more of its
examiners is involved in fraudulent activities related to conducting
skills testing of applicants for a CDL. Exception: A third-party tester
that is a government entity is not required to maintain a bond;
(vi) Require the third-party tester to use only CDL skills
examiners who have successfully completed a formal CDL skills test
examiner training course as prescribed by the State and have been
certified by the State as a CDL skills examiner qualified to administer
CDL skills tests;
(vii) Require the third-party tester to use designated road test
routes that have been approved by the State;
(viii) Require the third-party tester to submit a schedule of CDL
skills testing appointments to the State no later than two business
days prior to each test; and
(ix) Require the third-party tester to maintain copies of the
following records at its principal place of business:
(A) A copy of the State certificate authorizing the third-party
tester to administer a CDL skills testing program for the classes and
types of commercial motor vehicles listed;
(B) A copy of each third-party examiner's State certificate
authorizing the third-party examiner to administer CDL skills tests for
the classes and types of commercial motor vehicles listed;
(C) A copy of the current third-party agreement;
* * * * *
(E) A copy of the third-party tester's State-approved road test
route(s); and
(F) A copy of each third-party examiner's training record.
(b) Proof of testing by a third party. The third-party tester must
notify the State driver licensing agency through secure electronic
means when a driver applicant passes skills tests administered by the
third-party party tester.
(c) Minimum number of tests conducted. The State must revoke the
skills testing certification of any examiner who does not conduct
skills test examinations of at least 10 different applicants per
calendar year. Exception: Examiners who do not meet the 10-test minimum
must either take the refresher training specified in Sec. 384.228 of
this chapter or have a State examiner ride along to observe the third-
party examiner successfully administer at least one skills test.
PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
0
46. The authority citation for part 384 continues to read as follows:
[[Page 80182]]
Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs.
103 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1753, 1767; sec.
32934 of Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524 of Pub. L.
114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87.
0
47. Amend Sec. 384.208 by revising paragraph (a) to read as follows:
Sec. 384.208 Notification of disqualification.
(a) No later than 10 days after disqualifying a CLP or CDL holder
licensed by another State or other jurisdiction of domicile, or
disqualifying an out-of-State CLP or CDL holder's privilege to operate
a commercial motor vehicle for at least 60 days, the State must notify
the State or jurisdiction that issued the license of the
disqualification via CDLIS.
* * * * *
0
48. Amend Sec. 384.209 by revising paragraphs (a)(1) and (b)(2) to
read as follows:
Sec. 384.209 Notification of traffic violations.
(a) * * *
(1) Whenever a person who holds a CLP or CDL from another State or
other jurisdiction of domicile is convicted of a violation of any State
or local law relating to motor vehicle traffic control (other than
parking, vehicle weight or vehicle defect violations), in any type of
vehicle, the licensing entity of the State in which the conviction
occurs must notify the licensing entity in the State or jurisdiction
where the driver is licensed of this conviction within the time period
established in paragraph (c) of this section.
* * * * *
(b) * * *
(1) Whenever a person who does not hold a CDL, but who is licensed
to drive by another State or other jurisdiction of domicile, is
convicted of a violation in a CMV of any State or local law relating to
motor vehicle traffic control (other than a parking violation), the
licensing entity of the State in which the conviction occurs must
notify the licensing entity in the State or jurisdiction where the
driver is licensed of this conviction within the time period
established in paragraph (c) of this section.
* * * * *
Sec. 384.228 [Amended]
0
49. Amend Sec. 384.228 by removing the words ``third party'' in each
place they appear and in their place adding the words ``third-party''.
Sec. 384.229 [Amended]
0
50. Amend Sec. 384.229 by removing the words ``third party'' in each
place they appear and in their place adding the words ``third-party''.
PART 385--SAFETY FITNESS PROCEDURES
0
51. The authority citation for part 385 continues to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113,
13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec.
113(a), Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 408, Pub. L.
104-88, 109 Stat. 803, 958; sec. 350, Pub. L. 107-87, 115 Stat. 833,
864; sec. 5205, Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR
1.87.
Sec. 385.305 [Amended]
0
52. Amend Sec. 385.305 by:
0
a. Lifting the suspension of the section;
0
b. In paragraph (a), removing ``Web site'' and ``http'' and in their
places adding ``website'' and ``https'', respectively; and
0
c. Suspending the section indefinitely.
Sec. 385.305T [Amended]
0
53. Amend Sec. 385.305T by, in paragraph (a), removing the words ``Web
site'' and in their place adding the word ``website''.
Sec. 385.603T [Amended]
0
54. Amend Sec. 385.603T by, in paragraph (d), removing ``Web site''
and ``http'' and in their places adding ``website'' and ``https'',
respectively.
PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS
0
55. The authority citation for part 386 continues to read as follows:
Authority: 28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note,
31306a; 49 U.S.C. chapters 5, 51, 131-141, 145-149, 311, 313, and
315; and 49 CFR 1.81, 1.87.
0
56. Amend part 386 by:
0
a. In each section of the part, except Sec. Sec. 386.1 and 386.2,
removing the text ``Assistant Administrator'' wherever it appears and
adding in its place the text ``Agency Decisionmaker'';
0
b. In each section of the part, removing the text ``Agency
decisionmaker'' wherever it appears and adding in its place the text
``Agency Decisionmaker''; and
0
c. In each section of the part, removing the text ``agency
decisionmaker'' wherever it appears and adding in its place the text
``Agency Decisionmaker''.
Sec. 386.1 [Amended]
0
57. Amend Sec. 386.1 by removing the words ``Assistant Administrator,
who also acts as the Chief Safety Officer of the Federal Motor Carrier
Safety Administration,'' and adding in their place the words ``Agency
Decisionmaker''.
0
58. Amend Sec. 386.2 by:
0
a. Revising the definition of ``Agency Decisionmaker'';
0
b. Removing the definition of ``Assistant Administrator''; and
0
c. In the definition of ``Final Agency Order'', removing ``appropriate
Field Administrator (for default judgments under Sec. 386.14) or the
Assistant Administrator,'', ``386.22'', and ``386.61'' and in their
places adding ``Agency Decisionmaker'', ``Sec. 386.22'', and ``Sec.
386.61'', respectively.
The revision reads as follows:
Sec. 386.2 Definitions.
* * * * *
Agency Decisionmaker means the FMCSA official authorized to issue a
final decision and order of the Agency in an administrative proceeding
under this part. The Agency Decisionmaker is an FMCSA official
appointed by the President or otherwise duly authorized.
* * * * *
Sec. 386.3 [Amended]
0
59. Amend Sec. 386.3 by, in paragraph (e), removing the words ``agency
decisionmakers'' and in their place adding the words ``Agency
Decisionmakers''.
Sec. 386.12 [Amended]
0
60. Amend Sec. 386.12 by removing ``1-800-DOT-SAFT (1-800-368-7238)''
in each place that it appears and in its place adding ``1-888-DOT-SAFT
(1-888-368-7238)''.
Sec. 386.14 [Amended]
0
61. Amend Sec. 386.14 by:
0
a. In paragraph (c)(1):
0
i. Removing ``paragraph (a)'' and in its place adding ``paragraph (a)
of this section''; and
0
ii. Removing the words ``Final Agency Order'' in each place that they
appear and in their place adding the words ``Final Order'';
0
b. In paragraph (c)(2), removing the words ``Final Agency Order'' and
in their place adding the words ``Final Order''; and
0
c. In paragraph (c)(3):
0
i. Adding the words ``Final Order that has become a'' before the words
``Final Agency Order''; and
0
ii. Removing ``Subpart'' and adding in its place ``subpart''.
Sec. 386.16 [Amended]
0
62. Amend Sec. 386.16 by:
0
a. Removing the words ``Final Agency Order'' in each place that they
appear
[[Page 80183]]
and in their place adding the words ``Final Order''; and
0
b. In paragraph (a)(5), removing the words ``and order''.
Sec. 386.31 [Amended]
0
63. Amend Sec. 386.31 by:
0
a. Removing the words ``Final Agency Order'' and in their place adding
the words ``Final Order''; and
0
b. Removing ``of this part''.
Sec. 386.36 [Amended]
0
64. Amend Sec. 386.36 by removing the words ``final agency order'' and
``Final Agency Order'' and in their places adding the words ``Final
Order''.
Sec. 386.61 [Amended]
0
65. Amend Sec. 386.61 by, in paragraph (b), removing the words ``Final
Agency Order'' and in their place adding the words ``Final Order''.
Sec. 386.64 [Amended]
0
66. Amend Sec. 386.64 by:
0
a. In paragraph (a), removing the words ``Final Agency Order'' and in
their place adding the words ``Final Order''; and
0
b. In paragraph (b), removing the words ``Final Agency Order'' in each
place that they appear and in their place adding the words ``Final
Order''.
PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS
0
67. The authority citation for part 387 continues to read as follows:
Authority: 49 U.S.C. 13101, 13301, 13906, 13908, 14701, 31138,
31139; sec. 204(a), Pub. L. 104-88, 109 Stat. 803, 941; and 49 CFR
1.87.
0
68. In Sec. 387.9, amend table 1 by revising entry (2) to read as
follows:
Sec. 387.9 Financial responsibility, minimum levels.
* * * * *
Table 1 to Sec. 387.9--Schedule of Limits--Public Liability
----------------------------------------------------------------------------------------------------------------
January 1,
Type of carriage Commodity transported 1985
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(2) For-hire and Private (In interstate, Hazardous substances, as defined in 49 CFR 5,000,000
foreign, or intrastate commerce, with a gross 171.8, transported in bulk in cargo tanks,
vehicle weight rating of 10,001 or more portable tanks, or hopper-type vehicles with
pounds). capacities in bulk; in bulk Division 1.1, 1.2
or 1.3 materials; in bulk Division 2.3, Hazard
Zone A material; in bulk Division 6.1, Packing
Group I, Hazard Zone A material; in bulk
Division 2.1 or 2.2 material; or highway route
controlled quantities of a Class 7 material, as
defined in 49 CFR 173.403.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
PART 389--RULEMAKING PROCEDURES--FEDERAL MOTOR CARRIER SAFETY
REGULATIONS
0
69. The authority citation for part 389 continues to read as follows:
Authority: 49 U.S.C. 113, 501 et seq., subchapters I and III of
chapter 311, chapter 313, and 31502; sec. 5204 of Pub. L. 114-94,
129 Stat. 1312, 1536; 42 U.S.C. 4917; and 49 CFR 1.87.
Sec. 389.3 [Amended]
0
70. Amend Sec. 389.3 by, in the definition of ``Act'', adding the
words ``or commercial activity'' after the words ``motor carrier
safety''.
Sec. 389.5 [Amended]
0
71. Amend Sec. 389.5 by, in paragraph (b)(2), removing ``Web site''
and ``http'' and in their places adding ``website'' and ``https'',
respectively.
Sec. 389.31 [Amended]
0
72. Amend Sec. 389.31 by, in paragraph (b)(1), removing the address
``www.FMCSA.gov'' and in its place adding the address
``www.FMCSA.dot.gov''.
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
73. The authority citation for part 390 continues to read as follows:
Authority: 49 U.S.C. 113, 504, 508, 31132, 31133, 31134, 31136,
31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103-311, 108
Stat. 1673, 1677; secs. 212 and 217, Pub. L. 106-159, 113 Stat.
1748, 1766, 1767; sec. 229, Pub. L. 106-159 (as added and
transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L.
109-59, 119 Stat. 1144, 1726, 1743, 1744), 113 Stat. 1748, 1773;
sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; secs. 32101(d) and
32934, Pub. L. 112-141, 126 Stat. 405, 778, 830; sec. 2, Pub. L.
113-125, 128 Stat. 1388; secs. 5403, 5518, and 5524, Pub. L. 114-94,
129 Stat. 1312, 1548, 1558, 1560; sec. 2, Pub. L. 115-105, 131 Stat.
2263; and 49 CFR 1.81, 1.81a, 1.87.
0
74. Amend Sec. 390.5 by:
0
a. Lifting the suspension of the section;
0
b. Revising the definitions for ``Employer'', ``Medical variance'', and
``Special agent''; and
0
c. Suspending the section indefinitely.
The revisions read as follows:
Sec. 390.5 Definitions.
* * * * *
Employer means any person engaged in a business affecting
interstate commerce who owns or leases a commercial motor vehicle in
connection with that business, or assigns employees to operate it, but
such term does not include the United States, any State, any political
subdivision of a State, or an agency established under a compact
between States approved by the Congress of the United States.
* * * * *
Medical variance means a driver has received one of the following
from FMCSA that allows the driver to be issued a medical certificate:
(1) An exemption letter permitting operation of a commercial motor
vehicle pursuant to part 381, subpart C, of this chapter; or
(2) A skill performance evaluation certificate permitting operation
of a commercial motor vehicle pursuant to Sec. 391.49 of this chapter.
* * * * *
Special agent. See appendix B to this part.
* * * * *
0
75. Amend Sec. 390.5T by revising the definitions for ``Employer'',
``Medical variance'', and ``Special agent'' to read as follows:
390.5T Definitions.
* * * * *
Employer means any person engaged in a business affecting
interstate
[[Page 80184]]
commerce who owns or leases a commercial motor vehicle in connection
with that business, or assigns employees to operate it, but such term
does not include the United States, any State, any political
subdivision of a State, or an agency established under a compact
between States approved by the Congress of the United States.
* * * * *
Medical variance means a driver has received one of the following
from FMCSA that allows the driver to be issued a medical certificate:
(1) An exemption letter permitting operation of a commercial motor
vehicle pursuant to part 381, subpart C, of this chapter; or
(2) A skill performance evaluation certificate permitting operation
of a commercial motor vehicle pursuant to Sec. 391.49 of this chapter.
* * * * *
Special agent. See appendix B to this part.
* * * * *
Sec. 390.15 [Amended]
0
76. Amend Sec. 390.15 by, in paragraph (a)(1), removing the words
``third party'' and in their place adding the words ``third-party''.
Sec. 390.19 [Amended]
0
77. Amend Sec. 390.19 by:
0
a. Lifting the suspension of the section;
0
b. In paragraphs (c) and (d), removing the words ``Web site'' and in
their place adding the word ``website'';
0
c. In paragraph (c), removing ``http'' and in its place adding
``https''; and
0
d. Suspending the section indefinitely.
Sec. 390.19T [Amended]
0
78. Amend Sec. 390.19T by:
0
a. In paragraphs (c) and (d), removing the words ``Web site'' and in
their place adding the word ``website''; and
0
b. In paragraph (c), removing ``http'' and in its place adding
``https''.
Sec. 390.25 [Amended]
0
79. Amend Sec. 390.25 by, in the last sentence, removing the words
``he or she'' and adding the word ``it'' in their place.
0
80. Amend Sec. 390.27 by, in the table, revising the entry for
``Southern'' to read as follows:
Sec. 390.27 Locations of motor carrier safety service centers.
------------------------------------------------------------------------
Service center Territory included Location of office
------------------------------------------------------------------------
* * * * * * *
Southern........................ Alabama, Arkansas, 61 Forsyth Street
Florida, Georgia, SW, Suite 3M40,
Kentucky, Atlanta, GA
Louisiana, 30303.
Mississippi,
North Carolina,
Oklahoma, South
Carolina,
Tennessee.
* * * * * * *
------------------------------------------------------------------------
* * * * *
Subpart E [Suspension Lifted]
0
81. Lift the suspension of subpart E, consisting of Sec. Sec. 390.201
through 390.209.
Sec. 390.200T [Amended]
0
82. Amend Sec. 390.200T by, in paragraph (b), removing ``Web site''
and ``http'' and in their places adding ``website'' and ``https'',
respectively.
Sec. 390.201 [Amended]
0
83. Amend Sec. 390.201 by, in paragraphs (e) and (f), removing ``Web
site'' and ``http'' and in their places adding ``website'' and
``https'', respectively.
Sec. Sec. 390.201 through 390.209 [Suspended]
0
84. Suspend Sec. Sec. 390.201 through 390.209 indefinitely.
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
85. The authority citation for part 391 continues to read as follows:
Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 31502; sec.
4007(b), Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114, Pub. L.
103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159, 113 Stat.
1748, 1767; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; secs.
5403 and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1560; sec. 2,
Pub. L. 115-105, 131 Stat. 2263; and 49 CFR 1.87.
0
86. Amend Sec. 391.23 by revising paragraph (a)(1) to read as follows:
Sec. 391.23 Investigation and inquiries.
(a) * * *
(1) An inquiry, within 30 days of the date the driver's employment
begins, to each State where the driver held or holds a motor vehicle
operator's license or permit during the preceding 3 years, to obtain
that driver's motor vehicle record covering that driver's prior 3-year
driving history.
* * * * *
Sec. 391.43 [Amended]
0
87. Amend Sec. 391.43 by:
0
a. Removing and reserving paragraph (e);
0
b. In paragraphs (g)(5)(i)(B) and (g)(5)(ii), removing the words ``Web
site'' and in their place adding the word ``website''; and
0
c. In paragraph (g)(5)(i)(B), removing ``this subpart E'' and in its
place adding ``this subpart''.
0
88. Effective January 16, 2024, further amend Sec. 391.43 by revising
paragraph (f) and (h) to read as follows:
Sec. 391.43 Medical examination; certificate of physical examination.
* * * * *
(f) The medical examination shall be performed, and its results
shall be recorded on the Medical Examination Report Form, MCSA-5875,
set out in this paragraph (f):
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[[Page 80185]]
[GRAPHIC] [TIFF OMITTED] TR17NO23.000
[[Page 80186]]
[GRAPHIC] [TIFF OMITTED] TR17NO23.001
[[Page 80187]]
[GRAPHIC] [TIFF OMITTED] TR17NO23.002
[[Page 80188]]
[GRAPHIC] [TIFF OMITTED] TR17NO23.003
[GRAPHIC] [TIFF OMITTED] TR17NO23.004
[[Page 80189]]
[GRAPHIC] [TIFF OMITTED] TR17NO23.005
[[Page 80190]]
[GRAPHIC] [TIFF OMITTED] TR17NO23.006
[[Page 80191]]
[GRAPHIC] [TIFF OMITTED] TR17NO23.007
[GRAPHIC] [TIFF OMITTED] TR17NO23.008
[[Page 80192]]
* * * * *
(h) The medical examiner's certificate shall be completed in
accordance with the following Form MCSA-5876, Medical Examiner's
Certificate:
[GRAPHIC] [TIFF OMITTED] TR17NO23.009
BILLING CODE 4910-EX-C
* * * * *
Sec. 391.45 [Amended]
0
89. Amend Sec. 391.45 by removing and reserving paragraph (d).
0
90. Amend Sec. 391.47 by:
0
a. Revising paragraphs (b)(1), (2), and (7); and
0
b. In paragraphs (c), (d), and (f), removing the text ``(MC-PS)''.
The revisions read as follows.
Sec. 391.47 Resolution of conflicts of medical evaluation.
* * * * *
(b) * * *
(1) The application must contain the name and address of the
driver, motor carrier, and all medical examiners and medical
specialists involved in the proceeding.
(2) The applicant must submit proof that there is a disagreement
between the medical examiner for the driver and the medical examiner
for the motor carrier concerning the driver's qualifications.
* * * * *
(7) The applicant must submit all medical records and statements of
the medical examiners and medical specialists who have given opinions
on the driver's qualifications.
* * * * *
PART 395--HOURS OF SERVICE OF DRIVERS
0
91. The authority citation for part 395 continues to read as follows:
Authority: 49 U.S.C. 504, 21104(e), 31133, 31136, 31137, 31502;
sec. 113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L.
106-159 (as added and transferred by sec. 4115 and amended by secs.
4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744), 113
Stat. 1748, 1773; sec. 4133, Pub. L. 109-59, 119 Stat. 1144, 1744;
sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5206(b), Pub.
L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.
0
92. Amend Sec. 395.2 by revising paragraph (1) of the definition for
``Utility service vehicle'' to read as follows:
Sec. 395.2 Definitions.
* * * * *
Utility service vehicle * * *
(1) Used in the furtherance of repairing, maintaining, or operating
any structures or any other physical facilities necessary for the
delivery of public utility services, including the furnishing of
electric, gas, water, sanitary sewer, telephone, television cable or
community antenna service, and broadband-internet and cellular
telephone operations;
* * * * *
Sec. 395.13 [Amended]
0
93. Amend Sec. 395.13 by, in paragraph (a), removing the words
``appendix B to this subchapter'' and adding in their place the words
``appendix B to part 390 of this chapter''.
Sec. 395.22 [Amended]
0
94. Amend Sec. 395.22 by, in paragraph (a), removing the words ``Web
site'' and in their place adding the word ``website''.
Appendix A to Subpart B of Part 395 [Amended]
0
95. Amend appendix A to subpart B of part 395 by removing the words
``Web site'' in each place that they appear and in their place adding
the word ``website''.
[[Page 80193]]
PART 396--INSPECTION, REPAIR, AND MAINTENANCE
0
96. The authority citation for part 396 continues to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136, 31151, 31502; sec.
32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524, Pub. L. 114-
94, 129 Stat. 1312, 1560; and 49 CFR 1.87.
Sec. 396.9 [Amended]
0
97. Amend Sec. 396.9 by, in paragraph (a), removing the words
``appendix B to this subchapter'' and adding in their place ``appendix
B to part 390 of this chapter''.
PART 398--TRANSPORTATION OF MIGRANT WORKERS
0
98. The authority citation for part 398 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; sec. 212, Pub.
L. 106-159, 113 Stat. 1748, 1766; and 49 CFR 1.87.
Sec. 398.8 [Amended]
0
99. Amend Sec. 398.8 by, in paragraph (a), removing the words
``Appendix B of chapter III of this title'' and adding in their place
``appendix B to part 390 of this chapter''.
Issued under authority delegated in 49 CFR 1.87.
Robin Hutcheson,
Administrator.
[FR Doc. 2023-24160 Filed 11-16-23; 8:45 am]
BILLING CODE 4910-EX-P