[Federal Register Volume 91, Number 138 (Tuesday, July 21, 2026)]
[Rules and Regulations]
[Pages 45653-45662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-14701]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Chapter III
[Docket No. FMCSA-2025-0754]
RIN 2126-AC75
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 (FMCSR). 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. FMCSA also makes a change
to its rules of organization, procedures, and practice. Because the
rule does not impose any new material requirements or increase
compliance obligations, it is issued without prior notice and
opportunity for comment, pursuant to the good cause exception in the
Administrative Procedure Act (APA).
DATES: Effective July 21, 2026. The incorporation by reference of the
material described in the rule is approved by the Director of the
Federal Register as of July 21, 2026.
Petitions for Reconsideration of this final rule must be submitted
to the FMCSA Administrator no later than August 20, 2026.
FOR FURTHER INFORMATION CONTACT: Ghita Palmer, Regulatory Development
Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001; (202) 366-1144; [email protected].
SUPPLEMENTARY INFORMATION:
I. Abbreviations
APA Administrative Procedure Act
CDC U.S. Center for Disease Control and Prevention
CDL Commercial Driver's License
CDLIS Commercial Driver's License Information System
CFR Code of Federal Regulations
CMV Commercial Motor Vehicle
DOT Department of Transportation
E.O. Executive Order
FHWA Federal Highway Administration
FMCSA Federal Motor Carrier Safety Administration
FMCSR Federal Motor Carrier Safety Regulations
GVWR Gross vehicle weight rating
IC Information collection
ICC Interstate Commerce Commission
ICCTA ICC Termination Act of 1995
IT Information technology
LCV Longer combination vehicle
MCSIA Motor Carrier Safety Improvement Act of 1999
MVR Motor vehicle records
NARA National Archives and Records Administration
OFR Office of the Federal Register
OMB Office of Management and Budget
PIA Privacy Impact Analysis
PTA Privacy Threshold Assessment
SAFETEA-LU Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users
SDLAs State Driver's Licensing Agencies
SPE Skills performance evaluation
UMRA Unfunded Mandates Reform Act of 1995
U.S.C. United States Code
II. 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; see also 49 U.S.C. 31502(b)). 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 FMCSR and are codified
at 49 CFR parts 350-399. The administrative powers to 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 FMCSR, 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
(ICCTA) (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
[[Page 45654]]
Century (Pub. L. 105-178, 112 Stat. 107, June 9, 1998).
The Motor Carrier Safety Improvement Act of 1999 (MCSIA), Public
Law 106-159, 113 Stat. 1748, Dec. 9, 1999, established FMCSA as a new
operating administration within DOT, effective January 1, 2000, and
transferred authorities specifically related to commercial motor
vehicle safety to FMCSA. 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 (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 regulations amended by this rule are based on the statutes
detailed above. Generally, the legal authority for each provision being
amended was explained when the requirement was originally adopted and
is noted at the beginning of each part in Title 49 of the CFR.
The 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.
Specifically, the Agency amends 49 CFR 387.307(e) to specify the same
procedures for Agency review of documents filed by brokers notified of
a pending suspension of operating authority due to insufficient
financial responsibility as are followed by the Agency when such
brokers file documents in support of a reinstatement from suspension.
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)) because the procedures
for filing such documents are already specified in Sec. 387.307(e) and
so are made clearer with this amendment. Similarly, an amendment to
part 389 also concerns matters of Agency policy. These changes are
therefore excepted from the notice and public comment requirements.
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.
This rule contains numerous, unrelated provisions that focus on
unique aspects of FMCSA's regulations. Therefore, FMCSA finds that the
various provisions of this final rule are severable and able to operate
functionally if severed from each other. In the event a court were to
invalidate one or more of this final rule's unique provisions, the
remaining provisions should stand.
III. Section-by-Section Analysis
A. Part 372--Exemptions, Commercial Zones, and Terminal Areas
Appendix A to Part 372 Commercial Zones
FMCSA is updating Appendix A to part 372 to ensure internal
consistency in the regulations. On December 12, 1976, the ICC modified
its regulations, which were then codified at 49 CFR part 1048, to
expand commercial zones and motor carrier and freight forwarder
terminal areas. (41 FR 56655). This amendment was based on a new
population-mileage formula, which better reflected the growing economic
and social development of American municipalities. As a result, ICC
expanded the population-mileage boundaries beyond the existing zones in
the regulations to better equalize competition between shippers located
beyond the existing shipping zones and those located within the
existing zones.
Congress transferred jurisdiction over these regulations to the
Federal Highway Administration (FHWA) as part of ICCTA (Pub. L. 104-88,
109 Stat. 803). In a final rule published on May 19, 1988 (53 FR
18042), FHWA added Appendix F to section 1048 and titled it, ``Appendix
F to Subchapter B--Commercial Zones.'' A note was added to Appendix F
to mention that its text is identical to the text of part 1048, revised
as of October 1, 1975, which is no longer in print. On April 1, 1997,
FHWA issued a final rule (62 FR 15417) to amend the former ICC
regulations. The rule modified references to the ICC Act by changing
references to provisions no longer in effect following enactment of
ICCTA. As a result, part 372 was amended by replacing the words ``part
II of the ICC Act'' and ``part II of the Act'' with ``49 U.S.C.
subtitle IV, part B.'' In a later technical amendment published on
September 24, 1997 (62 FR 49939), Sec. 1048.101 was removed and
replaced with Sec. 372.241.
Jurisdiction over commercial zones transferred to FMCSA in 2000,
after Congress created the Agency as part of MCSIA. On October 14,
2021, FMCSA published a final rule moving Appendix F of subchapter B of
chapter III, to part 372, and redesignating it as Appendix A (86 FR
57060).
It has come to FMCSA's attention that when the regulatory language
was moved in 1997 from its former position at 49 CFR 1048.101 to its
current position at 372.241, conforming changes were never made in
Appendix A (formerly Appendix F of subchapter B). FMCSA now amends the
outdated language in Appendix A to part 372 to match that of Sec.
372.241, so that all references will be to the correct authority of 49
U.S.C. subtitle IV, part B.
[[Page 45655]]
B. Part 384--State Compliance With Commercial Driver's License Program
Section 384.234 Driver Medical Certification Recordkeeping
Section 384.234 requires that States meet the medical certification
recordkeeping requirements set out in the referenced sections of part
383. FMCSA published a final rule in October 2021 (86 FR 57060) to
delete obsolete language from Sec. 383.73 by revising the introductory
paragraph (a), removing paragraph (a)(1), and renumbering paragraphs
(a)(2)(i) through (vii) as paragraphs (a)(1) through (7). As a result
of the change, prior Sec. 383.73(a)(2)(vii) became 383.73(a)(7).
However, the cross-references in Sec. 384.234 were not updated to
maintain consistency. FMCSA amends Sec. 384.234 to change the outdated
cross-reference to Sec. 383.73(a)(2)(vii) to the current regulation,
Sec. 383.73(a)(7).
Section 384.301 Substantial Compliance--General Requirements
FMCSA amends Sec. 384.301 to more clearly explain which
requirements the States need to comply with. Currently, the regulations
cause confusion among State Driver's Licensing Agencies (SDLAs) because
they do not specifically describe which requirements are covered by
each compliance date paragraph; in most cases, the wording of each
paragraph is identical except for the dates. To eliminate confusion,
FMCSA supplements the words ``requirements of subpart B of this part''
each time they appear with the precise regulation each paragraph
references. FMCSA also supplements ``the requirements of part 383 of
this chapter'' in paragraph (m) with the name of the applicable
regulation and adds the name of the applicable regulation to paragraph
(n). No substantive changes to the requirements are made by this
revision. Instead, this revision will eliminate confusion for SDLAs and
ensure the compliance dates applicable to States are clear.
C. Part 386--Rules of Practice for FMCSA Proceedings
Appendix B to Part 386
FMCSA is amending paragraph (g)(1) in Appendix B to part 386 to
make clear that all entities required to register pursuant to 49 U.S.C.
13901 are subject to the civil penalty set out in 49 U.S.C. 14901 for
failure to register. In 2015, FMCSA made numerous technical amendments
to Appendix B, during which the earlier provision addressing civil
penalties for noncompliance with 13901 was split in two. The first
provision was made applicable to motor carriers and the second, to
brokers. However, the provision addressing brokers, which is found at
paragraph (g)(2) of Appendix B, only sets out the penalty for entities
who knowingly operate as a broker in violation of registration
requirements of 49 U.S.C 13904 or financial security requirements of 49
U.S.C 13906. It does not address the registration obligations in 13901,
which are applicable to motor carriers, brokers, and freight
forwarders.
At the same time, the term ``carrier'' in paragraph (g)(1) was
amended to read, ``motor carrier.'' Under the definition in 49 U.S.C.
13102(3), which applies to 49 U.S.C. 13901, the term ``carrier'' is
defined to include freight forwarders (and water carriers) \2\ in
addition to motor carriers. By specifying that (g)(1) was applicable
only to motor carriers, the 2015 amendments erroneously removed freight
forwarders from the entities subject to civil penalties for violations
of 49 U.S.C. 13901.
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\2\ References to water carriers were carried over from FMCSA's
predecessor agencies, the ICC and FHWA. However, FMCSA does not have
jurisdiction over water carriers. The Agency proposed to remove
obsolete references to water carriers from its regulations on May
30, 2025 (90 FR 22892).
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FMCSA is therefore conforming paragraph (g)(1) of Appendix B to the
statute to correct the omission of covered entities and clarify once
again that brokers and freight forwarders are also subject to the
penalty specified in that paragraph for failure to comply with the
requirements of 49 U.S.C. 13901.
D. Part 387--Minimum Levels of Financial Responsibility for Motor
Carriers
Section 387.9 Financial Responsibility, Minimum Levels
Section 387.9 specifies minimum levels of financial responsibility
that motor carriers must maintain to comply with Sec. 387.7. FMCSA,
and FHWA before it, have amended table 1 to Sec. 387.9 several times
to clarify that the list generally refers to commodities carried in
bulk (see 59 FR 63921, 63924 (Dec. 12, 1994), 73 FR 76472, 76496 (Dec.
16, 2008), 86 FR 57060, 57064 (Oct. 14, 2021), and 88 FR 80169 (Nov.
17, 2023)). The table previously used various terms to describe the
quantities of these commodities, which were all revised to read ``in
bulk'' in order to eliminate confusion and increase consistency by
replacing the various terms with a single defined term.
The second row of the table specifies a combination of carriage
type and commodity subject to a $5,000,000 level of financial
responsibility. In the description in the ``Commodity transported''
column of this row, the words ``with capacities in bulk'' were
inadvertently added to describe hopper-type vehicles. This phrase is
redundant, as the requirements already apply to hazardous materials
transported ``in bulk in cargo tanks, portable tanks, or hopper-type
vehicles.'' In order to clarify and streamline the description, FMCSA
revises table 1, second row, second column, by removing the words
``with capacities in bulk.''
Section 387.307 Property Broker Surety Bond or Trust Fund
FMCSA amends Sec. 387.307(e)(1)(iv)(C) and (e)(3)(ii) to correct
an inadvertent typographical error from a previous final rule titled
``Broker and Freight Forwarder Financial Responsibility'' (88 FR
78656). The rule set out financial responsibility requirements for
brokers of property and freight forwarders in five separate areas:
assets readily available; immediate suspension of broker and freight
forwarder operating authority; surety or trust responsibilities in
cases of broker and freight forwarder financial failure or insolvency;
enforcement authority; and entities eligible to provide trust funds for
brokers and freight forwarders. The rule introduced new paragraphs,
including paragraph (e), subparagraphs (e)(1) through (e)(6), which set
out specific requirements for immediate suspension of broker and
freight forwarder operating authority. When the Agency introduced
paragraphs (e)(1)(iv)(C) and (e)(3)(ii), references to a non-existent
paragraph (e)(1)(D) were inadvertently introduced. FMCSA amends both
paragraphs to remove references to non-existent paragraph (e)(1)(D) and
replace them with the correct provision, paragraph (e)(1)(ii).
Part 389--Rulemaking Procedures--Federal Motor Carrier Safety
Regulations
Section 389.31 Petitions for Rulemaking
FMCSA amends part 389 to simplify the process for any interested
person to petition the Administrator to establish, amend, interpret,
clarify, or withdraw a rule, by clarifying the process to submit a
petition. The Agency modifies the regulations to replace the general
FMCSA website listed in Sec. 389.31(b)(1) with a direct link to
www.regulations.gov, which will facilitate submitting petitions for a
[[Page 45656]]
rulemaking for the public. Docket number FMCSA-2021-0054 continues to
serve as a mailbox for the public's submission of a petition for
rulemaking. All petitions submitted to the docket will continue to be
tracked on FMCSA's Petitions website.
E. Part 390--Federal Motor Carrier Safety Regulations; General
Section 390.5 Definitions
FMCSA amends this section by making a clarifying change to the
definition of Gross vehicle weight rating (GVWR). Some stakeholders
have found the definition ambiguous regarding whether a vehicle with a
GVWR of 10,001 pounds or more ceases to be a commercial motor vehicle
(CMV) when, unladen, the vehicle weighs less than 10,001 pounds. This
amendment serves to clarify that a vehicle with a GVWR of 10,001 pounds
or more are always a CMV, regardless of the vehicle's actual weight at
any point in time, as actual weight may fluctuate. Because the
manufacturer determines a vehicle's GVWR, the weight rating does not
change regardless of the actual weight of a vehicle at any given time.
Although this section is currently suspended, FMCSA is amending it to
mirror the amendments to temporary regulations in Sec. 390.5T.
Section 390.5T Definitions
As explained in the prior paragraph, Section 390.5 Definitions,
FMCSA amends this section by making a clarifying change to the
definition of Gross vehicle weight rating (GVWR).
Section 390.27 Locations of Motor Carrier Safety Service Centers
Section 390.27 provides the addresses of the motor carrier safety
service centers. FMCSA revises Sec. 390.27 to change the address of
the Midwestern Service Center from 600 Holiday Plaza Drive, Suite 240,
Matteson, Illinois 60443, to 600 Town Center Road, Suite 240, Matteson,
Illinois 60443. Although the Midwestern Service Center has not changed
physical locations, FMCSA was notified that the Village of Matteson has
changed the name of ``Holiday Plaza Drive'' to ``Town Center Road,''
requiring this technical update to the address.
FMCSA also revises Sec. 390.27 to change the address for the
Western Service Center from 12600 West Colfax Avenue, Suite B-300,
Lakewood, Colorado 80215, to 12300 West Dakota Avenue, Suite 131,
Lakewood, Colorado 80229. This location change is effective as of
December 2025.
F. Part 391--Qualifications of Drivers and Longer Combination Vehicle
(LCV) Driver Instructors
Section 391.23 Investigation and Inquiries
This section describes the investigations and inquiries a motor
carrier conducts to ensure the qualifications of each driver it
employs. Section 391.23(a)(1) describes the inquiry process to obtain a
motor vehicle record covering the driver's prior 3-year driving
history, which must be initiated within 30 days of the date the
driver's employment begins. A final rule published in March 2022 (87 FR
13192) eliminated the requirement that drivers operating CMVs in
interstate commerce prepare and submit an annual list of their
convictions for traffic violations to their employers. As a result of
the final rule, the language in Sec. 391.23(a)(1) was amended to
require inquiries for motor vehicle records (or MVRs) be made to
``driver's licensing authorities'' where the driver holds or has held a
motor vehicle operator's license or permit, rather than to a ``State.''
The change of term usage from ``State'' to ``driver's licensing
authorities'' was established to ensure motor carriers are aware of
traffic convictions for a driver who is licensed by a foreign authority
and not only drivers licensed by a State.
In a subsequent rule published in November 2023, FMCSA amended its
regulations by making technical corrections throughout the FMCSRs,
including to Sec. 391.23 (88 FR 80169, 80176 (Nov. 17, 2023)). As
explained in the 2023 rule, the amendment was intended to clarify that
the initial MVR required by Sec. 391.23(a) is to cover the prior 3
years. However, the language inadvertently utilized the term ``State''
that had been replaced the in the rulemaking the prior year.
Accordingly, FMCSA revises Sec. 391.23(a)(1) to revert the word
``State'' to the term ``driver's licensing authorities,'' as
accomplished in the March 2022 rule, as this is the accurate
terminology.
Separately, Section 391.23(m)(3)(i)(C) allows a driver to use a
copy of the medical examiner's certificate as proof of the driver's
certification for up to 15 days after the date it was issued, if the
driver provided the motor carrier with a copy of the current medical
examiner's certificate that was submitted to the State in accordance
with Sec. 383.73(a)(2)(vii). FMCSA published a final rule in October
2021 (86 FR 57060), in which it deleted obsolete language from Sec.
383.73 by revising the introductory paragraph (a), removing paragraph
(a)(1), and renumbering paragraphs (a)(2)(i) through (vii) as
paragraphs (a)(1) through (7). As a result of the change, prior Sec.
383.73(a)(2)(vii) became 383.73(a)(7). The rule failed to change cross-
references to Sec. 383.73(a)(2)(vii) in Sec. 391.23(m)(3)(i)(C).
FMCSA amends Sec. 391.23(m)(3)(i)(C) to change an obsolete cross-
reference to Sec. 383.73(a)(2)(vii) to the current regulation, Sec.
383.73(a)(7).
Section 391.41 Physical Qualifications for Drivers
Section 391.41(a)(1)(i) describes the medical certification
requirements for drivers physically qualified to operate a CMV. It
requires drivers to obtain a medical certification to operate a CMV and
have on their person the original or a copy of the current medical
examiner's certificate indicating they can operate a CMV (with
exceptions indicated in Section 391.41(a)(2)). FMCSA amends Sec.
391.41(2)(1)(i) to correct an error in the last sentence referencing
medical variance by replacing the words ``medical variance'' with
``exemption or waiver.''
In 1999, the United States and Canada entered into a Reciprocity
Agreement (the Agreement), recognizing that a Canadian commercial
driver's license is proof of medical fitness to drive a CMV. In 2000,
the waiver program then codified at Sec. 391.49 was changed to an
alternative physical qualification standard under FMCSA's general
safety authority, following changes to exemption authorities mandated
by the Transportation Equity Act for the 21st Century, Public Law 105-
178 (Jun. 9, 1998). Also in 2000, the Agreement was amended to prohibit
drivers with medical exemptions, in addition to those who were
medically certified via waivers or grandfathering, from engaging in
cross-border operations.
On December 1, 2008, FMCSA published a final rule amending the
FMCSR to add a provision excluding CDL drivers subject to part 391 from
the requirement to carry the medical examiner's certificate because
their current medical certification status information is reflected in
the electronic Commercial Driver's License Information System (CDLIS)
driver record. The rule also amended the regulations in Sec. 390.5 to
add the definition for ``medical variance,'' which means a driver has
received either an exemption letter permitting operation of a CMV, or a
skills performance evaluation (SPE) permitting CMV operation per Sec.
381.49. However, the last sentence introduced in the amendments to
Sec. 391.41(2)(1)(i)
[[Page 45657]]
states that U.S. drivers who received a medical variance from FMCSA
cannot operate a CMV in Canada. By using the term ``medical variance,''
this amendment included drivers with SPE certificates in the category
of drivers prohibited from cross-border operations in Canada, when only
drivers with exemptions or waivers are actually prohibited under the
Agreement.\3\ The amendment is clearly erroneous because SPE
certificates are neither an exemption nor waiver, and the Agreement
does not specifically mention limb loss or impairment. FMCSA revises
this section to replace the words ``medical variance'' with ``exemption
or waiver'' to rectify that error.
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\3\ As of 2025, FMCSA has eliminated all medical grandfathering
provisions from the FMCSR, and there are no longer any drivers
medically qualified via grandfathering.
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Section 391.45 Persons Who Must Be Medically Examined and Certified
FMCSA deletes a cross-reference in 391.45(b) that is no longer
valid. In 2023, paragraph (d) of 391.45 was removed and reserved
because it related to an obsolete vision waiver program that no longer
exists (88 FR 80169). However, the cross-reference in paragraph (b) was
not deleted at that time, and FMCSA is now making the correction.
G. Part 393--Parts and Accessories Necessary for Safe Operation
Section 393.45 Brake Tubing and Hoses; Hose Assemblies and End Fittings
FMCSA corrects a spelling error found in Sec. 393.45(b)(2), which
describes brake tubing and hose installation and assembly. Currently,
the section uses the word ``chaffing'' which will be corrected to
``chafing.'' The revised spelling conforms to the use of the word in
other FMCSR, including Sec. 393.65(f)(2) and Sec. 393.77(b)(7).
H. Part 395--Hours of Service of Drivers
Section 395.38 Incorporation by Reference
FMCSA revises the section heading of Sec. 395.38 to change
``Incorporation by reference'' to ``Matter incorporated by reference'',
as the latter more accurately describes the contents of the section.
I. PART 396--Inspection, Repair, and Maintenance
Section 396.3 Inspection, Repair, and Maintenance
Section 396.3(b) sets out the required records that motor carriers
and intermodal equipment providers must maintain or cause to be
maintained. The first recordkeeping requirement found in Sec.
369.3(b)(1) states that records must include an identification of the
vehicle including company number, if so marked, make, serial number,
year, and tire size. This regulation was established by the FHWA in
1979 to mitigate vehicle defects and defect-related accidents. FMCSA
revises this regulation to remove tire size from the recordkeeping
requirement, as the Agency believes this requirement is obsolete.
J. Part 399--Employee Safety and Health Standards
Section 399.205 Definitions
Section 399.205 under Subpart L sets out a definition of the term
``person'' as described by the 1962 Health Examination Survey. This
definition was incorporated by reference and approved by the Director
of the Federal Register on July 17, 1979. In FMCSA's current
regulations, the survey is available for purchase from the U.S.
Department of Commerce, National Technical Information Service, or for
inspection at the National Archives and Records Administration (NARA).
However, the material incorporated by reference into FMCSA's
regulations is now available for free at the U.S. Center for Disease
Control and Prevention (CDC) website at: www.cdc.gov/nchs/data/series/sr_11/sr11_008.pdf. Accordingly, FMCSA amends the paragraph describing
the definition of ``person'' to provide free online public access to
view copies of the 1962 Health Examination Survey via the CDC website.
In addition, FMCSA updates NARA's contact information as the
information currently listed dates to 1979.
Since the Office of the Federal Register (OFR) updated the
incorporation by reference system and the Director revoked approval for
all previously approved IBR material in the CFR as of August 6, 1982,
FMCSA has received a new approval under the changed system to continue
using the section.
IV. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and 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, and DOT
Order 2100.6B, Policies and Procedures for Rulemakings.\4\ The Office
of Information and Regulatory Affairs within the Office of Management
and Budget (OMB) determined that this final rulemaking is not a
significant regulatory action under section 3(f) of E.O. 12866 and has
not reviewed it under that E.O.
---------------------------------------------------------------------------
\4\ DOT Order 2100.6B, available at https://www.transportation.gov/regulations/dot-order-21006b-policies-and-procedures-rulemakings.
---------------------------------------------------------------------------
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. 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. Executive Order 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.'' \5\
---------------------------------------------------------------------------
\5\ Executive Office of the President. Executive Order 14192 of
January 31, 2025. Unleashing Prosperity Through Deregulation, 90 FR
9065-9067 (Feb. 6, 2025).
---------------------------------------------------------------------------
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.\6\
---------------------------------------------------------------------------
\6\ 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 (Mar. 26, 2025).
---------------------------------------------------------------------------
An E.O. 14192 deregulatory action is defined as ``an action that
has been finalized and has total costs less than zero.'' This final
rulemaking is expected to have total costs equal to zero, and is
therefore neither an E.O. 14192 deregulatory nor regulatory action.
C. Congressional Review Act
This rule is not a major rule as defined under the Congressional
Review Act (5 U.S.C. 801-808).\7\
---------------------------------------------------------------------------
\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)).
---------------------------------------------------------------------------
[[Page 45658]]
D. Regulatory Flexibility Act (Small Entities)
Pursuant to the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et
seq.), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (Pub. L. 104-121, 110 Stat. 857), FMCSA is not required to
prepare a regulatory flexibility analysis under 5 U.S.C. 604(a) for
this final rule because FMCSA has not issued a notice of proposed
rulemaking prior to this action.
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 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 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 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 UMRA 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. Though this final rule would not
result in such an expenditure, and the analytical requirements of UMRA
do not apply as a result, FMCSA discusses the effects of this rule
elsewhere in this preamble.
G. Paperwork Reduction Act
This rule contains no new information collection requirements under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Although
this rule makes changes to part 387, which is covered by an information
collection (IC), these amendments to the regulations are not expected
to result in more than a de minimis change to the existing collections
and will be reflected in the next renewal of that IC.
H. Executive Order 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.
I. Privacy
The Consolidated Appropriations Act, 2005,\8\ requires the Agency
to assess the privacy impact of a regulation that will affect the
privacy of individuals. Because this rule does not require the
collection of personally identifiable information, FMCSA is not
required to conduct a privacy impact assessment.
---------------------------------------------------------------------------
\8\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5
U.S.C. 552a (Dec. 4, 2014).
---------------------------------------------------------------------------
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,\9\ requires Federal agencies to
conduct a Privacy Impact Analysis (PIA) 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 PIA.
---------------------------------------------------------------------------
\9\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17,
2002).
---------------------------------------------------------------------------
In addition, FMCSA submitted a Privacy Threshold Assessment (PTA)
to evaluate the risks and effects the rulemaking may have on
collecting, storing, and sharing personally identifiable information.
The PTA was adjudicated by DOT's Chief Privacy Officer on October 30,
2025.
J. Executive Order 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.
K. 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 DOT
Order 5610.1D,\10\ Subpart B, subsection (e), paragraphs 6(b) and 6(e).
These categorical exclusions address technical amendments and other
minor amendments such as those found in this rulemaking, regulations
concerning internal agency functions, organization, or personnel
administration, and regulations to handle the processing of
applications for operating authority and certificates of registration.
---------------------------------------------------------------------------
\10\ Available at https://www.transportation.gov/mission/dots-procedures-considering-environmental-impacts.
---------------------------------------------------------------------------
List of Subjects
49 CFR Part 372
Agricultural Commodities, Buses, Cooperatives, Freight Forwarders,
Motor Carriers, Moving of household goods, Seafood.
49 CFR Part 384
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Incorporation by reference, Motor carriers.
49 CFR Part 386
Administrative practice and procedure, Brokers, Freight forwarders,
[[Page 45659]]
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.
49 CFR Part 391
Alcohol abuse, Drug Abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety,
Transportation.
49 CFR Part 393
Highway safety, Motor carriers, Motor vehicle safety.
49 CFR Part 395
Highway safety, Motor carriers, Reporting and recordkeeping
requirements.
49 CFR Part 396
Highway safety, Motor carriers, Motor vehicle safety, Safety and
recordkeeping requirements.
49 CFR Part 399
Incorporation by reference, Motor carriers, Motor vehicle safety,
Occupational safety and health.
In consideration of the foregoing, FMCSA amends 49 CFR chapter III
as set forth below:
PART 372--EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS
0
1. The authority citation for part 372 continues to read as follows:
Authority: 49 U.S.C. 13504 and 13506; Pub. L. 105-178, sec.
4031, 112 Stat. 418; and 49 CFR 1.87.
0
2. Amend appendix A by revising and republishing sec. 44 to read as
follows:
Appendix A to Part 372--Commercial Zones
* * * * *
Sec. 44--Commercial Zones Determined Generally, With Exceptions
The commercial zone of each municipality in the United States,
with the exceptions indicated in the note at the end of this
section, within which the transportation of passengers or property,
in interstate or foreign commerce, when not under a common control,
management, or arrangement for a continuous carriage or shipment to
or from a point without such zone, is exempt from all provisions of
49 U.S.C. subtitle IV, part B shall be deemed to consist of:
a. The municipality itself, hereinafter called the base
municipality;
b. All municipalities which are contiguous to the base
municipality;
c. All other municipalities and all unincorporated areas within
the United States which are adjacent to the base municipality as
follows:
(1) When the base municipality has a population less than 2,500
but less than 25,000 all unincorporated areas within 4 miles of its
corporate limits and all of any other municipality any part of which
is within 4 miles of the corporate limits of the base municipality.
(2) When the base municipality has a population of 2,500 but
less than 25,000 all unincorporated areas within 4 miles of its
corporate limits and all of any other municipality any part of which
is within 4 miles of the corporate limits of the base municipality.
(3) When the base municipality has a population of 25,000 but
less than 100,000 all unincorporated areas within 6 miles of its
corporate limits and all of any other municipality any part of which
is within 6 miles of the corporate limits of the base municipality,
and
(4) When the base municipality has a population of 100,000 but
less than 200,000 all unincorporated areas within 8 miles of its
corporate limits and all of any other municipality any part of which
is within 8 miles of the corporate limits of the municipality.
(5) When the base municipality has a population of 200,000 but
less than 500,000 all unincorporated areas within 10 miles of its
corporate limits and all of any other municipality any part of which
is within 10 miles of the corporate limits of the base municipality.
(6) When the base municipality has a municipality has a
population of 500,000 but less than 1 million, all unincorporated
areas within 15 miles of its corporate limits and all of any other
municipality any part of which is within 15 miles of the corporate
limits of the base municipality.
(7) When the base municipality has a population of 1 million or
more, all unincorporated areas within 20 miles of its corporate
limits and all of any other municipality any part of which is within
20 miles of the corporate limits of the base municipality, and
d. All municipalities wholly surrounded, or so surrounded except
for a water boundary, by the base municipality, by any municipality
contiguous thereto, or by any municipality adjacent thereto which is
included in the commercial zone of such base municipality under the
provisions of paragraph (c) of this section. Note: Except:
Municipalities the commercial zones of which have been or are
hereafter individually or specially determined.
* * * * *
PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
0
3. The authority citation for part 384 continues to read as follows:
Authority: 49 U.S.C. 31136, 31301, et seq., 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.
Sec. 384.234 [Amended]
0
4. Amend Sec. 384.234 by removing the text ``383.73(a)(2)(vii)'' and
adding in its place the text ``383.73(a)(7)''.
0
5. Revise and republish Sec. 384.301 to read as follows:
Sec. 384.301 Substantial compliance-general requirements.
(a) Compliance, generally. To be in substantial compliance with 49
U.S.C. 31311(a), the State must meet each and every standard of subpart
B of this part by means of the demonstrable combined effect of its
statutes, regulations, administrative procedures and practices,
organizational structures, internal control mechanisms, resource
assignments (facilities, equipment, and personnel), and enforcement
practices.
(b)(1) Commercial driver's license program improvements and
noncommercial motor vehicle violations. Except as provided in paragraph
(b)(2) of this section, a State must come into substantial compliance
with 49 CFR part 384, subpart B (revised as of Oct. 1, 2002) as soon as
practical, but, unless otherwise specifically provided in this part,
not later than September 30, 2005.
(2) School bus endorsement exception. A State must come into
substantial compliance with 49 CFR 383.123 (revised as of Oct. 1, 2002)
not later than September 30, 2006.
(c) Safe, Accountable, Flexible, Efficient Transportation Equity
Act: A Legacy for User (SAFETEA-LU). A State must come into substantial
compliance with 49 CFR part 384, subpart B (revised as of Oct. 1, 2007)
as soon as practical but, unless otherwise specifically provided in
this part, not later than September 4, 2010.
(d) Commercial driver's license medical certification requirements.
A State must come into substantial
[[Page 45660]]
compliance with 49 CFR part 384, subpart B (revised as of Oct. 1,
2009), as soon as practical, but not later than January 30, 2012.
(e) Limiting the use of wireless communication devices. A State
must come into substantial compliance with 49 CFR part 384, subpart B
(revised as of Oct. 1, 2010, as amended at 75 FR 59118, 59135, in
effect as of Oct. 27, 2010) as soon as practical, but not later than
October 28, 2013.
(f) Commercial driver's license testing and commercial learner's
permit standards. A State must come into substantial compliance with 49
CFR part 384, subpart B (revised as of Oct. 1, 2011), and 49 CFR part
384, subpart B (revised as of Oct. 1, 2012, as amended at 78 FR 17875,
17881, in effect as of Apr. 24, 2013) as soon as practical but, unless
otherwise specifically provided in this part, not later than July 8,
2015.
(g) Commercial driver's license information system state procedures
manual. A State must come into substantial compliance with 49 CFR part
384, subpart B (revised as of Oct. 1, 2011, as amended at 76 FR 68328,
68332, in effect as of Dec. 5, 2011) as soon as practicable, but not
later than January 30, 2012.
(h) Restricting the use of cellular phones for commercial motor
vehicle drivers. A State must come into substantial compliance with 49
CFR part 384, subpart B (revised as of Oct. 1, 2011, as amended at 76
FR 68328, 68332 and further amended at 76 FR 75470, 75486, in effect as
of Jan. 3, 2012) as soon as practical, but not later than January 3,
2015.
(i) Medical examiner's certification integration. A State must come
into substantial compliance with the requirements of 49 CFR parts 383
and 384, subpart B (revised as of Oct. 1, 2015) as soon as practical,
but, unless otherwise specifically provided in this part, not later
than June 23, 2025.
(j) Commercial driver's license requirements of the Moving Ahead
for Progress in the 21st Century Act and the Military Commercial
Driver's License Act of 2012. A State must come into substantial
compliance with 49 CFR parts 383 and 384, subpart B (revised as of Oct.
1, 2016, as amended at 81 FR 70634, 70646, in effect as of Dec. 12,
2016) as soon as practicable, but, unless otherwise specifically
provided in this part, not later than December 12, 2019.
(k) Minimum training requirements for entry-level commercial
vehicle operators. A State must come into substantial compliance with
49 CFR parts 383 and 384, subpart B (revised as of Oct. 1, 2017) not
later than February 7, 2022.
(l) Military licensing and state commercial driver's license
reciprocity. A State must come into substantial compliance with 49 CFR
part 384, subpart B (revised as of Oct. 1, 2019) and 49 CFR parts 383
(revised as of Oct. 1, 2018, as amended at 83 FR 48964, 48975, in
effect as of Nov. 27, 2018) as soon as practicable, but, unless
otherwise specifically provided in this part, not later than November
27, 2021.
(m) Lifetime disqualification for human trafficking. A State must
come into substantial compliance with 49 CFR part 383 (revised as of
Oct. 1, 2021) as of September 23, 2019, or as soon as practicable, but
not later than September 23, 2022.
(n) Exclusively electronic exchange of driver history record
information. A State must come into substantial compliance with the
requirements of 49 CFR parts 383 and 384, subpart B (revised as of Oct.
1, 2022) as soon as practicable, but not later than August 22, 2024.
(o) State driver's licensing agency non-issuance/downgrade of
commercial driver's license related to controlled substances and
alcohol testing. A State must come into substantial compliance with the
requirements of 49 CFR part 384, subpart B (revised as of Oct. 1, 2024)
as soon as practicable, but, unless otherwise specifically provided in
this part, not later than November 18, 2024.
(p) State procedures manual. A State must come into substantial
compliance with the requirements of 49 CFR part 384, subpart B (revised
as of Oct. 1, 2024) as soon as practicable, but not later than August
22, 2024.
(q) Non-domiciled commercial driver's licenses. A State must come
into substantial compliance with the requirements of subpart B of this
part, in effect as of February 13, 2026, and part 383 of this chapter,
in effect as of February 13, 2026, prior to issuing (which includes
amending, correcting, reprinting, or otherwise duplicating a previously
issued CLP or CDL), transferring, renewing, or upgrading a non-
domiciled CLP or CDL.
PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS
0
6. 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
7. Amend appendix B to part 386 by revising paragraph (g)(1) to read as
follows:
Appendix B to Part 386--Penalty Schedule: Violations and Monetary
Penalties
* * * * *
(g) * * *
(1) A person who operates as a motor carrier, broker, or freight
forwarder for the transportation of property in violation of the
registration requirements of 49 U.S.C. 13901 is liable for a minimum
penalty of $13,676 per violation.
* * * * *
PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS
0
8. The authority citation for part 387 continues to read as follows:
Authority: 49 U.S.C. 13101, 13301, 13906, 13908, 14701, 31138,
31139; sec. 204(a), Pub. L. 104-88, 109 Stat. 803, 941; and 49 CFR
1.87.
0
9. Amend Sec. 387.9 by revising the second entry of table 1 to read as
follows:
Sec. 387.9 Financial responsibility, minimum levels.
* * * * *
Table 1 to Sec. 387.9--Schedule of Limits--Public Liability
------------------------------------------------------------------------
Commodity
Type of carriage transported January 1, 1985
------------------------------------------------------------------------
* * * * * * *
(2) For-hire and Private (In Hazardous 5,000,000
interstate, foreign, or substances, as
intrastate commerce, with a defined in 49 CFR
gross vehicle weight rating 171.8, transported
of 10,001 or more pounds). in bulk in cargo
tanks, portable
tanks, or hopper-
type vehicles; 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.
[[Page 45661]]
* * * * * * *
------------------------------------------------------------------------
Sec. 387.307 [Amended]
0
10. Amend Sec. 387.307 by:
0
a. In paragraph (e)(1)(iv)(C), removing the text ``paragraph
(e)(1)(D)(ii)'' and adding in its place the text ``paragraph
(e)(1)(ii)''; and
0
b. In paragraph (e)(3)(ii), removing the text ``paragraph (e)(1)(D)''
and adding in its place the text ``paragraph (e)(1)''.
PART 389--RULEMAKING PROCEDURES--FEDERAL MOTOR CARRIER SAFETY
REGULATIONS
0
11. The authority citation for part 390 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
0
12. Amend Sec. 389.31 by revising paragraph (b)(1) to read as follows:
Sec. 389.31 Petitions for rulemaking.
* * * * *
(b) * * *
(1) Be submitted in writing by mail to the Administrator, Federal
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001 or electronically at www.regulations.gov,
using the general petitions for rulemaking docket FMCSA-2021-0054.
* * * * *
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
0
13. 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
14. Amend Sec. 390.5 by:
0
a. Lifting the suspension of the section;
0
b. Revising and republishing the definition for ``Gross vehicle weight
rating''; and
0
c. Suspending the section indefinitely.
The revision reads as follows:
Sec. 390.5 Definitions.
* * * * *
Gross vehicle weight rating (GVWR) means the value specified by the
manufacturer as the maximum loaded weight of a single motor vehicle.
* * * * *
0
15. Amend Sec. 390.5T by revising and republishing the definition for
``Gross vehicle weight rating'' to read as follows:
Sec. 390.5T Definitions.
* * * * *
Gross vehicle weight rating (GVWR) means the value specified by the
manufacturer as the maximum loaded weight of a single motor vehicle.
* * * * *
0
16. Amend Sec. 390.27 in the table by revising the entries for
``Midwestern'' and ``Western'' to read as follows:
Sec. 390.27 Locations of motor carrier safety service centers.
------------------------------------------------------------------------
Service center Territory included Location of office
------------------------------------------------------------------------
* * * * * * *
Midwestern.................. Illinois, Indiana, 600 Town Center
Iowa, Kansas, Road, Suite 240,
Michigan, Matteson, Illinois
Minnesota, 60443.
Missouri, Nebraska,
Ohio, Wisconsin.
* * * * * * *
Western..................... Alaska, American 12300 West Dakota
Samoa, Arizona, Avenue, Suite 131,
California, Lakewood, Colorado
Colorado, Guam, 80228.
Hawaii, Idaho,
Mariana Islands,
Montana, Nevada,
New Mexico, North
Dakota, Oregon,
South Dakota,
Texas, Utah,
Washington, Wyoming.
------------------------------------------------------------------------
* * * * *
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
17. 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. 391.23 [Amended]
0
18. Amend Sec. 391.23 by:
0
a. In paragraph (a)(1), removing the word ``State'' and adding in its
place the text ``driver's licensing authority''; and
0
b. In paragraph (m)(3)(i)(C):
0
i. Removing the word ``State'' and adding in its place the text
``driver's licensing authority''; and
0
ii. Removing ``383.73(a)(2)(vii)'' and adding in its place
``383.73(a)(7)''.
Sec. 391.41 [Amended]
0
19. Amend Sec. 391.41 in paragraph (a)(1)(i) by removing the words
``medical variance'' from the last sentence and adding in their place
the words ``exemption or waiver.''
0
20. Amend Sec. 391.45 by revising paragraph (b) to read as follows:
Sec. 391.45 Persons who must be medically examined and certified.
* * * * *
(b) Any driver who has not been medically examined and certified as
qualified to operate a commercial motor vehicle during the preceding 24
months,
[[Page 45662]]
unless the driver is required to be examined and certified in
accordance with paragraph (c), (e), (f), (g), or (h) of this section;
* * * * *
PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
0
21. The authority citation for part 393 continues to read as follows:
Authority: 49 U.S.C. 31136, 31151, 31502; sec. 1041(b), Pub. L.
102-240, 105 Stat. 1914, 1993; secs. 5301 and 5524, Pub. L. 114-94,
129 Stat. 1312, 1543, 1560; and 49 CFR 1.87.
Sec. 393.45 [Amended]
0
22. Amend Sec. 393.45 by removing the word ``chaffing'' and adding in
its place the word ``chafing.''
PART 395--HOURS OF SERVICE OF DRIVERS
0
23. 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
24. Amend Sec. 395.38 by revising the section heading to read as
follows:
Sec. 395.38 Matter incorporated by reference.
* * * * *
PART 396--INSPECTION, REPAIR, AND MAINTENANCE
0
25. 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.
0
26. Amend Sec. 396.3 by revising paragraph (b)(1) to read as follows:
Sec. 396.3 Inspection, repair, and maintenance.
* * * * *
(b) * * *
(1) An identification of the vehicle including company number, if
so marked, make, serial number, and year. In addition, if the motor
vehicle is not owned by the motor carrier, the record shall identify
the name of the person furnishing the vehicle;
* * * * *
PART 399--EMPLOYEE SAFETY AND HEALTH STANDARDS
0
27. The authority citation for part 399 continues to read as follows:
Authority: 49 U.S.C. 31502; and 49 CFR 1.87.
0
28. Amend Sec. 399.205 by revising the definition for ``Person'' to
read as follows:
Sec. 399.205 Definitions.
* * * * *
Person, as used in this part, means:
(1) Any individual within the 5th percentile female adult through
the 95th percentile male adult of anthropometric measures as described
by Weight, Height and Selected Body Dimensions of Adults, United States
1960-1962.
(2) Vital and Health Statistics; Series 11, No. 8 (6/65), Weight,
Height and Selected Body Dimensions of Adults, United States 1960-1962,
issued June 1965 (first issued in Public Health Service publication No.
1000, then reprinted DHEW publication No. (HRA) 76-1074), is
incorporated by reference into this section with the approval of the
Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part
5.1. This material is available for inspection at FMCSA and at the
National Archives and Records Administration (NARA). Contact FMCSA at
the Department of Transportation Library, 1200 New Jersey Avenue SE,
Washington, DC 20509; (202) 366-0746; website: https://transportation.libanswers.com. For information on the availability of
this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. You may also obtain the
material electronically from the U.S. Centers for Disease Control and
Prevention, phone: (800) 232-4636; website: www.cdc.gov/cdc-info/forms/contact-us.html. Download the material at www.cdc.gov/nchs/data/series/sr_11/sr11_008.pdf.
* * * * *
Issued under authority delegated in 49 CFR 1.87.
Derek D. Barrs,
Administrator.
[FR Doc. 2026-14701 Filed 7-20-26; 8:45 am]
BILLING CODE 4910-EX-P