[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Proposed Rules]
[Pages 22911-22914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09707]
[[Page 22911]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 391
[Docket No. FMCSA-2025-0113]
RIN 2126-AC87
Qualifications of Drivers; Vision Standards Grandfathering
Provision
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: FMCSA proposes to amend the Federal Motor Carrier Safety
Regulations to remove the grandfathering provision under the physical
qualifications standards for interstate drivers operating under the
previously administered vision waiver study program, as this regulation
is now obsolete. The waiver study program was terminated prior to the
adoption of rules in 1998 implementing the Transportation Equity Act
for the 21st Century provision concerning waivers, exemptions and pilot
programs.
DATES: Comments must be received on or before July 29, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0113 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2025-0113/document. Follow the online
instructions for submitting comments.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. To be sure someone is
there to help you, please call (202) 366-9317 or (202) 366-9826 before
visiting Dockets Operations.
Fax: (202) 493-2251.
FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001; (202) 366-2551; [email protected]. Office
hours are from 8:30 a.m. to 5 p.m. ET Monday through Friday, except
Federal holidays. If you have questions on viewing or submitting
material to the docket, call Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION: FMCSA organizes this NPRM as follows:
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy
II. Abbreviations
III Legal Basis
IV. Background
V. Discussion of Proposed Rulemaking
VI. International Impacts
VII. Section-by-Section Analysis
VIII. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563
(Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
C. Advance Notice of Proposed Rulemaking
D. Regulatory Flexibility Act
E. Assistance for Small Entities
F. Unfunded Mandates Reform Act of 1995
G. Paperwork Reduction Act
H. E.O. 13132 (Federalism)
I. Privacy
J. E.O. 13175 (Indian Tribal Governments)
K. National Environmental Policy Act of 1969
L. Rulemaking Summary
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
NPRM (FMCSA-2025-0113), indicate the specific section of this document
to which your comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online or
by fax, mail, or hand delivery, but please use only one of these means.
FMCSA recommends that you include your name and a mailing address, an
email address, or a phone number in the body of your document so FMCSA
can contact you if there are questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2025-0113/document, click on this NPRM, click ``Comment,''
and type your comment into the text box on the following screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
FMCSA will consider all comments and material received during the
comment period.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the NPRM contain commercial or financial
information that is customarily treated as private, that you actually
treat as private, and that is relevant or responsive to the NPRM, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission that constitutes CBI as
``PROPIN'' to indicate it contains proprietary information. FMCSA will
treat such marked submissions as confidential under the Freedom of
Information Act, and they will not be placed in the public docket of
the NPRM. Submissions containing CBI should be sent to Brian Dahlin,
Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590-0001 or via email at
[email protected]. At this time, you need not send a duplicate
hardcopy of your electronic CBI submissions to FMCSA headquarters. Any
comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this rulemaking.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2025-0113/document and
choose the document to review. To view comments, click this NPRM, then
click ``Browse Comments.'' If you do not have access to the internet,
you may view the docket online by visiting Dockets Operations on the
ground floor of the DOT West Building, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
C. Privacy
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, including any personal information the commenter provides, to
www.regulations.gov as described in the system of records notice DOT/
ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed
at https://www.transportation.gov/
[[Page 22912]]
individuals/privacy/privacy-act-system-records-notices. The comments
are posted without edits and are searchable by the name of the
submitter.
II. Abbreviations
ANPRM Advance notice of proposed rulemaking
CFR Code of Federal Regulations
CMV Commercial motor vehicle
DOT Department of Transportation
FHWA Federal Highway Administration
FMCSA Federal Motor Carrier Safety Administration
FR Federal Register
ME Medical examiner
NPRM Notice of proposed rulemaking
PIA Privacy Impact Assessment
PTA Privacy Threshold Assessment
UMRA Unfunded Mandates Reform Act of 1995
U.S.C. United States Code
III. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(a) and 31502(b)--
delegated to the Agency by 49 CFR 1.87(f) and (i), respectively--to
establish minimum qualifications, including physical qualifications,
for individuals operating commercial motor vehicles (CMVs) in
interstate commerce. Section 31136(a)(3) requires specifically that the
Agency's safety regulations ensure that the physical condition of CMV
drivers is adequate to enable them to operate their vehicles safely and
that certified medical examiners (MEs) trained in physical and medical
examination standards perform the physical examinations required of
such drivers.
In addition to the statutory requirements specific to the physical
qualifications of CMV drivers, section 31136(a) requires the Secretary
of Transportation (Secretary) to issue regulations on CMV safety,
including regulations to ensure that CMVs ``are maintained, equipped,
loaded, and operated safely'' (section 31136(a)(1)). The remaining
statutory factors and requirements in section 31136(a), to the extent
they are relevant, are also satisfied here. The proposed rule would not
impose any ``responsibilities . . . on operators of [CMVs that would]
impair their ability to operate the vehicles safely'' (section
31136(a)(2)), or ``have a deleterious effect on the physical
condition'' of CMV drivers (section 31136(a)(4)). FMCSA also does not
anticipate that drivers would be coerced to operate a vehicle because
of this rulemaking (section 31136(a)(5)).
Finally, prior to prescribing any regulations, FMCSA must consider
their ``costs and benefits'' (49 U.S.C. 31136(c)(2)(A) and 31502(d)).
Those factors are discussed in the Regulatory Analyses section of this
NPRM.
IV. Background
FMCSA's mission is to reduce crashes, injuries, and fatalities
involving large trucks and buses. As discussed above, FMCSA is
authorized by statute to establish minimum physical qualification
standards for drivers of CMVs operating in interstate commerce.
Physical qualification requirements date back to 1937, as implemented
by the ICC's Bureau of Motor Carrier Safety. (2 FR 113, Jan. 22, 1937).
Regulations setting forth the physical qualification standards are
currently found in 49 CFR part 391, with the vision requirements at 49
CFR 391.41(b)(10).
The Federal Highway Administration (FHWA), which administered the
physical qualification standards for CMV drivers prior to the transfer
of this function to FMCSA, revised the vision standard in 1970 (35 FR
6458, 6463, Apr. 22, 1970). Although MEs who are knowledgeable about
the on-the-job functions performed by a commercial driver make the
determination about a driver's qualifications and whether the driver
has a condition that would interfere with the operation of a CMV for
most of the 13 physical qualification standards, FHWA's vision standard
was absolute and provided no discretion to the ME. Thus, any individual
who did not meet the vision standard in its entirety could not be
physically qualified to drive a CMV in interstate commerce.
In July 1992, FHWA announced its decision to issue waivers of the
vision requirements and published the final criteria for the vision
waiver study program (57 FR 31458, July 16, 1992). Under the vision
waiver study program, FHWA issued waivers to drivers following an
individual determination of each driver's capability to operate a CMV
safely. On August 2, 1994, the United States Court of Appeals for the
District of Columbia Circuit found that FHWA's determination that the
vision waiver study program would not adversely affect the safe
operation of CMVs lacked empirical support in the record (Advocates for
Highway and Auto Safety v. FHWA, 28 F.3d 1288, 1294 (D.C. Cir. 1994)).
Accordingly, the court found that FHWA failed to meet the exacting
statutory requirements to grant a waiver. Consequently, the court
concluded that FHWA's adoption of the waiver program was contrary to
law and vacated and remanded the decision to FHWA.
On November 17, 1994, FHWA published notice of its final
determination to continue the vision waiver study program through March
31, 1996, and announced a change in the research plan (59 FR 59386). On
March 26, 1996, FHWA issued a rule to allow those drivers participating
in the vision waiver study program and holding valid waivers from the
vision standard to continue to operate in interstate commerce after
March 31, 1996 (61 FR 13338). FHWA amended 49 CFR part 391 by adding a
new provision at Sec. 391.64 to grant grandfather rights to these
drivers, subject to certain conditions.
Following the enactment of the Transportation Equity Act for the
21st Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107, 401, June 9,
1998), which made amendments to the statutes governing exemptions, FHWA
established a current Federal vision exemption program on December 8,
1998 (63 FR 67600). FHWA, and later FMCSA, monitored the safety
performance of drivers in the vision waiver study and the current
exemption programs continuously. Based on the experience with the
vision waiver study and exemption programs, FMCSA determined that the
safety performance of individuals in these programs is at least as good
as that of the general population of CMV drivers. Therefore, in 2022,
FMCSA amended its regulations to permit an individual who does not
satisfy, with the worse eye, either the existing distant visual acuity
standard with corrective lenses or the field of vision standard, or
both, to be physically qualified to operate a CMV in interstate
commerce if the individual satisfies the new alternative vision
standard found at Sec. 391.44, along with FMCSA's other physical
qualification standards and other requirements. (87 FR 3390, Jan. 21,
2022). The 2022 rule eliminated the need for both the vision exemption
program that then existed and the grandfather provision in Sec. 391.64
for drivers operating under the previously administered vision waiver
study program.
The grandfathering provision remained in effect until March 22,
2023. After that date, all drivers were required meet the new
alternative vision standard and all Medical Examiner Certificates, Form
MCSA-5876, issued under Sec. 391.64 were voided. As the grandfathering
provision no is longer applicable to any drivers, FMCSA has determined
it should now be removed.
V. Discussion of Proposed Rulemaking
FMCSA proposes to remove 49 CFR 391.64(b), which set out the
requirements for participants in the vision waiver study program to
remain grandfathered into that program until March 22, 2023. This
change will not affect any current CMV drivers because,
[[Page 22913]]
under the 2022 final rule, all drivers have been required to satisfy
the alternative vision standard set out at 49 CFR 391.44 since March
22, 2023.
While the 2022 final rule amended 49 CFR 391.64(b) to include the
date the provisions of that paragraph would no longer be in effect, it
did not contain any instructions for the removal of those provisions
from the Code of Federal Regulations (CFR). Thus, this proposed
rulemaking would remove the obsolete language from FMCSA's regulations.
VI. International Impacts
Motor carriers and drivers are subject to the laws and regulations
of the countries that they operate in, unless an international
agreement states otherwise. Drivers and carriers should be aware of the
regulatory differences between nations.
VII. Section-by-Section Analysis
This section-by-section analysis describes the proposed changes in
numerical order.
Section 391.64 Grandfathering for certain drivers who participated
in a vision waiver study program.
FMCSA would remove 49 CFR 391.64 (b). As paragraph (a) is currently
reserved, the title of the section would be amended to indicate that
the entire section is now reserved.
VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
FMCSA has considered the impact of this NPRM 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 DOT Regulatory Policies and Procedures. The Office of Information
and Regulatory Affairs within the Office of Management and Budget (OMB)
determined that this NPRM is not a significant regulatory action under
section 3(f) of E.O. 12866, as supplemented by E.O. 13563, 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.
This proposed rule would remove obsolete language that is no longer
relevant. FMCSA does not expect that any regulated entities would
change their behavior as a result of this proposed rule, and therefore
the proposed rule would not result in any impacts to regulated entities
other than removing unnecessary language from the CFR. It could result
in some cost savings by reducing the amount of time to become familiar
with the regulations. FMCSA assumes any realized cost savings to be de
minimis. FMCSA does not have data to estimate the reduction in costs
that would result from this NPRM. FMCSA requests comment on any impacts
that could result from removing the provisions identified in this NPRM.
B. E.O. 14192 (Unleashing Prosperity Through Deregulation)
E.O. 14192 (90 FR 9065, Jan. 31, 2025), Unleashing Prosperity
Through Deregulation, requires that for ``each new [E.O. 14192
regulatory action] issued, at least ten prior regulations be identified
for elimination.'' \1\
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\1\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation. 90 FR
9065-9067. Feb. 6, 2025.
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Implementation guidance for E.O. 14192 issued by OMB (Memorandum M-
25-20, Mar. 26, 2025) defines two different types of E.O. 14192
actions: an E.O. 14192 deregulatory action, and an E.O. 14192
regulatory action.\2\
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\2\ Executive Office of the President. Office of Management and
Budget. Guidance Implementing Section 3 of Executive Order 14192,
Titled ``Unleashing Prosperity Through Deregulation.'' Memorandum M-
25-20. March 26, 2025.
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An E.O. 14192 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero.'' This
rulemaking is expected to have total costs less than zero as it is
removing unnecessary language from and streamlining the CFR, and
therefore would be considered an E.O. 14192 deregulatory action upon
issuance of a final rule. The cost savings of this rulemaking could not
be quantified.
C. Advance Notice of Proposed Rulemaking
Under 49 U.S.C. 31136(g), FMCSA is required to publish an advance
notice of proposed rulemaking (ANPRM) or proceed with a negotiated
rulemaking, if a proposed safety rule ``under this part'' \3\ is likely
to lead to the promulgation of a major rule.\4\ As this proposed rule
is not likely to result in the promulgation of a major rule, the Agency
is not required to issue an ANPRM or to proceed with a negotiated
rulemaking.
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\3\ Part B of Subtitle VI of Title 49, United States Code, i.e.,
49 U.S.C. chapters 311-317.
\4\ 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. 804(2)).
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D. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,\5\
requires Federal agencies to consider the effects of the regulatory
action on small business and other small entities and to minimize any
significant economic impact. The term small entities comprises small
businesses and not-for-profit organizations that are independently
owned and operated and are not dominant in their fields, and
governmental jurisdictions with populations of less than 50,000 (5
U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the
impact of all regulations on small entities, and mandates that agencies
strive to lessen any adverse effects on these businesses.
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\5\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
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No regulatory flexibility analysis is required, however, if the
head of an agency or an appropriate designee certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. This proposed rule would remove obsolete regulatory
text that is no longer impacting regulated entities and would not
impose costs or benefits. Therefore, it would not impact a substantial
number of small entities. It could result in some cost savings by
reducing the amount of time necessary to become familiar with the
regulations. FMCSA considers any realized cost savings to be de
minimis. Consequently, I certify that the proposed action would not
have a significant economic impact on a substantial number of small
entities.
E. 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),
FMCSA wants to assist small entities in understanding this proposed
rule so they can better evaluate its effects on themselves and
participate in the rulemaking initiative. If the proposed rule would
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 FOR FURTHER
INFORMATION CONTACT.
Small businesses may send comments on the actions of Federal
employees
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who enforce or otherwise determine compliance with Federal regulations
to the Small Business Administration's Small Business and Agriculture
Regulatory Enforcement Ombudsman (Office of the National Ombudsman, see
https://www.sba.gov/about-sba/oversight-advocacy/office-national-ombudsman) and the Regional Small Business Regulatory Fairness Boards.
The Ombudsman evaluates these actions annually and rates each agency's
responsiveness to small business. If you wish to comment on actions by
employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247). DOT has a
policy regarding the rights of small entities to regulatory enforcement
fairness and an explicit policy against retaliation for exercising
these rights.
F. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
(UMRA) requires Federal agencies to assess the effects of their
discretionary regulatory actions. 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 $206 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2024 levels) or more in any 1 year. Because this proposed rule would
not result in such an expenditure, a written statement is not required.
G. Paperwork Reduction Act
This proposed rule contains no new information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
H. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
FMCSA has determined that this proposed rule would not have
substantial direct costs on or for States, nor would it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this proposed rule does not
have sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.
I. Privacy
The Consolidated Appropriations Act, 2005,\6\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. This NPRM would not require the collection of
personally identifiable information.
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\6\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
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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,\7\ requires Federal agencies to
conduct a PIA for new or substantially changed technology that
collects, maintains, or disseminates information in an identifiable
form. No new or substantially changed technology would collect,
maintain, or disseminate information as a result of this proposed rule.
Accordingly, FMCSA has not conducted a PIA.
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\7\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
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In addition, the Agency will complete a Privacy Threshold
Assessment (PTA) to evaluate the risks and effects the rulemaking might
have on collecting, storing, and sharing personally identifiable
information. The PTA will be submitted to FMCSA's Privacy Officer for
review and preliminary adjudication and to DOT's Privacy Officer for
review and final adjudication.
J. E.O. 13175 (Indian Tribal Governments)
This proposed 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.
K. National Environmental Policy Act of 1969
FMCSA analyzed this proposed rule pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). This action
would likely fall under a published categorical exclusion and thus be
excluded from further analysis and documentation in an environmental
assessment or environmental impact statement under FMCSA Order 5610.1
(69 FR 9680), Appendix 2. Specifically, paragraphs (6)(b), which covers
regulations that are procedural or technical in nature, and (6)(z)(1),
which covers the minimum qualifications for persons who drive CMVs. The
Agency also believes this proposed rule, if finalized, would not have a
reasonably foreseeable significant effect on the quality of the human
environment. The public is invited to comment on the impact of the
proposed Agency action.
L. Rulemaking Summary
In accordance with 5 U.S.C. 553(b)(4), a summary of this proposed
rule may be found at regulations.gov, under the docket number.
List of Subjects in 49 CFR Part 391
Motor carriers, Reporting and recordkeeping requirements, Safety,
Transportation.
Accordingly, FMCSA proposes to amend 49 CFR part 391 to read as
follows:
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
1. 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.
Sec. 391.64 [Removed and Reserved]
0
2. Remove and reserve Sec. 391.64.
Issued under authority delegated in 49 CFR 1.87.
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-09707 Filed 5-27-25; 4:15 pm]
BILLING CODE 4910-EX-P