[Federal Register Volume 90, Number 103 (Friday, May 30, 2025)]
[Proposed Rules]
[Pages 22892-22896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09727]
[[Page 22892]]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 365, 370, 379, 386, and 390
[Docket No. FMCSA-2025-0112]
RIN 2126-AC86
Removal of Obsolete References to ``Water Carriers''
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 remove all obsolete references to ``water
carriers'' in the FMCSA regulations (FMCSRs). FMCSA does not
specifically regulate water carriers except to the extent that such
carriers also engage in motor carrier operations. In such cases, the
existing FMCSRs provide appropriate coverage of the carrier's motor
carrier operations.
DATES: Comments must be received on or before July 29, 2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0112 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2025-0112/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: Mr. Jeffrey L. Secrist, Chief,
Registration Division, DOT, FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590; (202) 385-2367; [email protected]. 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
D. Comments on the Information Collection
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-2025-0112), 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-2025-0112/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-2025-0112/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/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edits and are
searchable by the name of the submitter.
[[Page 22893]]
II. Abbreviations
ANPRM Advance notice of proposed rulemaking
CFR Code of Federal Regulations
CMV Commercial motor vehicle
DOT Department of Transportation
E.O. Executive Order
FMCSRs Federal Motor Carrier Safety Regulations
FHWA Federal Highway Administration
FR Federal Register
ICC Interstate Commerce Commission
ICCTA Interstate Commerce Commission Termination Act
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PTA Privacy Threshold Assessment
STB Surface Transportation Board
UMRA Unfunded Mandates Reform Act of 1995
U.S.C. United States Code
III. Legal Basis
The ICC Termination Act (ICCTA) restructured the regulatory
authority previously held by the Interstate Commerce Commission (ICC)
and greatly restricted its scope over water carriers. It enacted a
broad delegation of jurisdiction to the Secretary of Transportation
(the Secretary) and the Surface Transportation Board (STB) over
domestic water transportation (i.e., transportation for compensation by
water between two States) (49 U.S.C. 13521). Regulation of
transportation to and from foreign countries is delegated to the
Federal Maritime Commission (see generally 46 U.S.C. subtitle IV, part
A; see also KKK Ltd. v. Regal-Beloit Corp., 561 U.S. 89, 118-119 (2010)
(dissenting opinion)).
Other provisions enacted as part of the ICCTA greatly limited the
regulatory authority over water carriers, and specifically delegated it
almost entirely to the STB, the Agency created to succeed the ICC.
Rates and practices by water carriers engaged in the ``noncontiguous
domestic trade'' are required to be reasonable (49 U.S.C. 13701).
Noncontiguous domestic trade is defined as ``involving traffic
originating in or destined to Alaska, Hawaii, or a territory or
possession of the United States,'' (49 U.S.C. 13102(26)). The STB has
authority to require tariffs to be filed for such transportation in the
noncontiguous domestic trade (except for transportation of bulk cargo,
forest products, recycled metal scrap, waste paper, and paper waste)
and to consider complaints and to provide remedies for unreasonable
rates and practices (49 U.S.C. 13702). Water carriers subject to the
general jurisdiction have a common carrier obligation, but there is no
specific delegation to either the Secretary or the STB for enforcing
compliance. In addition, water carriers may enter into contracts for
transportation and, in agreement with shippers, contractually waive any
regulatory provisions except those governing registration, insurance,
or safety fitness (49 U.S.C. 14101).
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 Jan. 1, 2000) to carry out the
motor carrier safety and other regulatory responsibilities of the
Federal Highway Administration (FHWA) on behalf of the Secretary. This
Act made no changes in the water carrier regulatory provisions enacted
by ICCTA, however, resulting in the carrying forward of certain
obsolete references to water carriers into FMCSA's commercial
regulations.
IV. Background
The term ``water carrier'' or ``water carriers'' appears in the
FMCSRs in several sections: 49 CFR 365.107T, 370.1, Appendix A to part
372, 379.1, 386.2, Appendix B to part 386 (paragraph (g)(17)), 387.401,
and Appendix A to part 390.\1\ The term was carried over from FMCSA's
predecessor Agencies, the ICC and FHWA.
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\1\ FMCSA added a new appendix A to part 390 to assist motor
carriers and employers in better understanding which regulations
apply to their specific operations. 87 FR 68367, 68370, 68372,
68376, Nov. 15, 2022. The guidance is also available in FMCSA's
guidance portal at https://www.fmcsa.dot.gov/regulations/applicability-registration-financial-responsibility-and-safety-regulations-motor.
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FMCSA's commercial regulations (e.g., operating authority rules)
apply to certain for-hire motor carriers. Although there are for-hire
water carriers, FMCSA's regulatory oversight is limited to motor
carriers. Because FMCSA has no authority to regulate the activities of
water carriers, the references applying FMCSA's commercial regulations
to water carriers are obsolete and should be removed. However, FMCSA
has determined that the use of the term in Appendix A to part 372,
which relates to commercial zones, is more complex and requires
additional study to determine whether it should be removed or retained,
so FMCSA is not proposing to change it through this rulemaking.
Although the term ``water carrier'' also appears in Sec. Sec. 386.2
and 387.401, those references are not obsolete as they are being used
to exclude water carriers from the definition of the term freight
forwarder. Accordingly, this rulemaking proposes that Sec. Sec.
365.107T, 370.1, 379.1, Appendix B to part 386, and Appendix A to part
390 be amended to remove all references to water carriers.
V. Discussion of Proposed Rulemaking
In this NPRM, FMCSA proposes to remove the words ``water carrier''
or ``water carriers'' from Sec. Sec. 365.107T, 370.1, 379.1, Appendix
B to part 386, and Appendix A to part 390. The terms are remnants
carried over from FMCSA's predecessor Agencies and are obsolete, as
FMCSA does not have regulatory jurisdiction over water carriers.
VI. International Impacts
Motor carriers and drivers are subject to the laws and regulations
of the countries in which they operate, 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 365.107T
This section would be amended by removing the term ``water
carriers'' from paragraph (f), to reflect that water carriers do not
submit applications for temporary operating authority to FMCSA. 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 365.107 was one of the sections suspended and Sec.
365.107T, which is currently in effect, was one of the replacement
sections added (82 FR 5299).
Section 370.1
This section would be amended by removing the term ``water
carrier'' to reflect that the regulations in part 370 (Principles and
Practices for the Investigation and Voluntary Disposition of Loss and
Damage Claims and Processing Salvage) are not applicable to water
carriers.
Section 379.1
This section would be amended by removing paragraph (a)(2) (which
uses the term ``water carriers'') and redesignating paragraph (a)(3) as
paragraph (a)(2). This change is necessary to reflect that the
regulations in part 379 (Preservation of Records) are not applicable to
water carriers.
[[Page 22894]]
Appendix B to Part 386
This appendix would be amended by removing the words ``water
carrier'' from paragraph (g)(17) to reflect that FMCSA does not have
authority to assess civil penalties against water carriers.
Appendix A to Part 390
This appendix would be amended by removing the words ``water
carrier'' from the paragraph under III. Specific Example Scenarios,
called ``Hotel Related Passenger Transportation.'' This change would
reflect that, although water carriers are included in the statutory
definition of carrier at 49 U.S.C. 13102(3), FMCSA's authority over the
entities listed in that statute is limited to motor carriers and
freight forwarders.
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.
The proposed rule would remove language from predecessor Agencies
that is not relevant and could be confusing. The term ``water
carriers'' appears in multiple areas of the FMCSRs and could give the
false appearance that these entities are subject to these regulations.
Removing the term would not alter the applicability of the requirements
but would streamline the language in the Code of Federal Regulations
(CFR). FMCSA does not expect that any regulated entities would change
their behavior as a result of this rulemaking, 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 would 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.'' \2\
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\2\ 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, March 26, 2025) defines two different types of E.O. 14192
actions: an E.O. 14192 deregulatory action, and an E.O. 14192
regulatory action.\3\
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\3\ 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 proposed
rulemaking is expected to have total costs less than zero because it
would result in a more streamlined and easy-to-read 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'' \4\ is likely
to lead to the promulgation of a major rule.\5\ 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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\4\ Part B of Subtitle VI of Title 49, United States Code, i.e.,
49 U.S.C. chapters 311-317.
\5\ 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,\6\
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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\6\ 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
rulemaking will not have a significant economic impact on a substantial
number of small entities. This proposed rule would remove unnecessary
and potentially confusing regulatory text that is no longer impacting
regulated entities and would not impose costs or benefits. 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 who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's
[[Page 22895]]
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 rulemaking 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 rulemaking 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,\7\ 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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\7\ 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,\8\ 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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\8\ 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 proposed
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)(e), (6)(q),
(6)(u), and (6)(bb), which cover regulations pertaining to applications
for operating authority and certificates of registration, records
preservation, rules of practice for administrative proceedings, and
vehicle operation safety standards, respectively. The Agency 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
48 CFR Part 365
Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Maritime carriers, Mexico, Motor carriers, Moving of
household goods.
49 CFR Part 370
Freight forwarders, Investigations, Motor carriers.
49 CFR Part 379
Freight forwarders, Maritime carriers, Motor carriers, Moving of
household goods, Reporting and recordkeeping requirements.
49 CFR Part 386
Administrative practice and procedure, Brokers, Freight forwarders,
Hazardous materials transportation, Highway safety, Highway and roads,
Motor carriers, Motor vehicle safety, Penalties.
49 CFR Part 390
Highway safety, Intermodal transportation, Motor carriers, Motor
vehicle safety, Reporting and recordkeeping requirements.
Accordingly, FMCSA proposes to amend 49 CFR parts 365, 370, 379,
386, and 390 to read as follows:
PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
0
1. The authority citation for part 365 continues to read as follows:
Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-
13906, 13908, 14708, 31133, 31138, and 31144; 49 CFR 1.87.
0
2. Amend Sec. 365.107T by revising paragraph (f) to read as follows:
Sec. 365.107T Types of applications.
* * * * *
(f) Temporary authority (TA) for motor carriers. These applications
require a finding that there is or soon will be an immediate
transportation
[[Page 22896]]
need that cannot be met by existing carrier service.
* * * * *
PART 370--PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND
VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING
SALVAGE
0
3. The authority citation for part 370 continues to read as follows:
Authority: 49 U.S.C. 13301 and 14706; and 49 CFR 1.87.
Sec. 370.1 [Amended]
0
4. Amend Sec. 370.1 by removing the words ``,water carrier,''.
PART 379--PRESERVATION OF RECORDS
0
5. The authority citation for part 379 continues to read as follows:
Authority: 49 U.S.C. 13301, 14122 and 14123; and 49 CFR 1.87.
Sec. 379.1 [Amended]
0
6. Amend Sec. 379.1 by:
0
a. Adding the word ``and'' to the end of paragraph (a)(1);
0
b. Removing paragraph (a)(2); and
0
c. Redesignating paragraph (a)(3) as paragraph (a)(2).
PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS
0
7. 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
8. Amend Appendix B to Part 386 by revising paragraph (g)(17) to read
as follows:
Appendix B to Part 386
* * * * *
(g) * * *
(17) A motor carrier, freight forwarder, or broker, or their
officer, receiver, trustee, lessee, employee, or other person
authorized to receive information from them, who discloses information
identified in 49 U.S.C. 14908 without the permission of the shipper or
consignee is liable for a maximum penalty of $4,109.
* * * * *
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
9. 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
10. Inappendix A to part 390, under section III. Specific Example
Scenarios, revise ``Hotel Related Passenger Transportation'' to read as
follows:
Appendix A to Part 390--Applicability of the Registration, Financial
Responsibility, and Safety Regulations to Motor Carriers of Passengers
* * * * *
III. Specific Example Scenarios
* * * * *
Hotel Related Passenger Transportation
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Guidance
This scenario describes for-hire transportation by a CMV as a part
of continuous interstate movement, though some exemptions apply. Though
the safety regulations apply to transportation in a CMV within a single
State if the transportation is a continuation of interstate
transportation, the hotel's van operation is eligible for the limited
exception to safety regulation applicability in Sec. Sec. 390.3T(f)(6)
and 390.3(f)(6) based on the size of the vehicle and how compensation
is received. The hotel's van is designed and used to transport 9 to 15
passengers (including the driver), and payment for transportation is
not received directly. If the hotel complies with the applicable
provisions listed in Sec. Sec. 390.3T(f)(6) and 390.3(f)(6), then this
passenger transportation is compliant with the safety regulations
contained in 49 CFR parts 350 through 399. Because the vehicle is a CMV
under Sec. 390.5 and the limited exception does not exempt the hotel
from USDOT registration requirements, the hotel must register by
following the procedures in 49 CFR part 390 subpart E. The hotel's 15-
passenger van is not a CMV under Sec. 383.5, therefore drivers of
these vehicles are not required to have CDLs and are not subject to the
drug and alcohol testing regulations in 49 CFR part 382.
Operating authority registration under 49 CFR part 365, subpart A,
however, is not required. The hotel is providing service subject to the
exemption in 49 U.S.C. 13506(a)(8)(A) and Sec. 372.117(a). The hotel's
shuttle transportation of passengers is incidental to transportation by
aircraft, limited to the transportation of passengers who have had an
immediately prior or will have an immediately subsequent movement by
air, and confined to a zone encompassed by a 25-mile radius of the
boundary of the airport at which the passengers arrive or depart. The
hotel does not meet the exemption requirements of 49 U.S.C. 13506(a)(3)
for a motor vehicle owned or operated by or for a hotel and only
transporting hotel patrons between the hotel and the ``local station of
a carrier.''
The definition of carrier within this exemption includes motor
carrier and freight forwarder, but does not include air carrier. 49
U.S.C. 13102(3). However, the hotel only needs to meet the requirements
of one exemption to not be subject to operating authority registration.
The hotel is providing indirectly compensated, for-hire
transportation of passengers in interstate commerce in a vehicle with a
seating capacity of 15 and is required under Sec. Sec. 387.33T and
387.33 to maintain $1.5 million of financial responsibility.
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Issued under authority delegated in 49 CFR 1.87.
Sue Lawless,
Assistant Administrator.
[FR Doc. 2025-09727 Filed 5-27-25; 4:15 pm]
BILLING CODE 4910-EX-P