Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 80169 

■ c. Adding the definition of 

‘‘Organizational structure’’ in 

alphabetical order. 

The additions and revision read as 

follows: 

§ 455.101 Definitions. 

Additional disclosable party means, 

with respect to a nursing facility defined 

in section 1919(a) of the Act, any person 

or entity who— 

(1) Exercises operational, financial, or 

managerial control over the facility or a 

part thereof, or provides policies or 

procedures for any of the operations of 

the facility, or provides financial or cash 

management services to the facility; 

(2) Leases or subleases real property 

to the facility, or owns a whole or part 

interest equal to or exceeding 5 percent 

of the total value of such real property; 

or 

(3) Provides management or 

administrative services, management or 

clinical consulting services, or 

accounting or financial services to the 

facility. 

* * * * * 

Managing employee means— 

(1) A general manager, business 

manager, administrator, director, or 

other individual who exercises 

operational or managerial control over, 

or who directly or indirectly conducts, 

the day-to-day operation of an 

institution, organization, or agency, 

either under contract or through some 

other arrangement, whether or not the 

individual is a W–2 employee of the 

institution, organization, or agency; or 

(2) With respect to the additional 

requirements at § 455.104(e) for a 

nursing facility defined in section 

1919(a) of the Act, an individual, 

including a general manager, business 

manager, administrator, director, or 

consultant, who directly or indirectly 

manages, advises, or supervises any 

element of the practices, finances, or 

operations of the facility. 

Organizational structure means, with 

respect to a nursing facility defined in 

section 1919(a) of the Act, in the case of 

any of the following: 

(1) A corporation. The officers, 

directors, and shareholders of the 

corporation who have an ownership 

interest in the corporation which is 

equal to or exceeds 5 percent. 

(2) A limited liability company. The 

members and managers of the limited 

liability company including, as 

applicable, what percentage each 

member and manager has of the 

ownership interest in the limited 

liability company. 

(3) A general partnership. The 

partners of the general partnership. 

(4) A limited partnership. The general 

partners and any limited partners of the 

limited partnership who have an 

ownership interest in the limited 

partnership which is equal to or exceeds 

10 percent. 

(5) A trust. The trustees of the trust. 

(6) An individual. Contact 

information for the individual. 

* * * * * 

■ 6. Section 455.104 is amended by 

redesignating paragraph (e) as paragraph 

(f) and adding a new paragraph (e) to 

read as follows: 

§ 455.104 Disclosure by Medicaid 

providers and fiscal agents: Information on 

ownership and control. 

* * * * * 

(e) Nursing facilities. (1) In addition to 

all other applicable reporting 

requirements in this subpart, a nursing 

facility (as defined in section 1919(a) of 

the Act) must disclose upon initial 

enrollment and revalidation the 

following information: 

(i) Each member of the governing 

body of the facility, including the name, 

title, and period of service for each such 

member. 

(ii) Each person or entity who is an 

officer, director, member, partner, 

trustee, or managing employee (as 

defined in § 455.101) of the facility, 

including the name, title, and period of 

service of each such person or entity. 

(iii) Each person or entity who is an 

additional disclosable party of the 

facility (as defined in § 455.101). 

(iv) The organizational structure (as 

defined in § 455.101) of each additional 

disclosable party of the facility and a 

description of the relationship of each 

such additional disclosable party to the 

facility and to one another. 

(2) The State need not require the 

facility to disclose the same information 

described in this paragraph (e) more 

than once on the same enrollment 

application submission. 

Xavier Becerra, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2023–25408 Filed 11–15–23; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Chapter III 

[Docket No. FMCSA–2023–0174] 

RIN 2126–AC60 

General Technical, Organizational, 

Conforming, and Correcting 

Amendments to the Federal Motor 

Carrier Safety Regulations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: FMCSA amends its 

regulations by making technical 

corrections throughout the Federal 

Motor Carrier Safety Regulations 

(FMCSRs). The Agency makes minor 

changes to correct inadvertent errors 

and omissions, remove or update 

obsolete references, and improve the 

clarity and consistency of certain 

regulatory provisions. The Agency also 

makes a change to its rules of 

organization, procedures, and practice. 

DATES: This final rule is effective 

November 17, 2023, except for 

amendatory instruction 88, which is 

effective January 16, 2024. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Nicholas Warren, Regulatory 

Development Division, Office of Policy, 

FMCSA, 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001; (202) 366– 

6124; nicholas.warren@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Legal Basis for the Rulemaking 

Congress delegated certain powers to 

regulate interstate commerce to DOT in 

numerous pieces of legislation, most 

notably in section 6 of the Department 

of Transportation Act (DOT Act) (Pub. 

L. 89–670, 80 Stat. 931, 937, Oct. 15, 

1966). Section 6 of the DOT Act 

transferred to DOT the authority of the 

former Interstate Commerce 

Commission (ICC) to regulate the 

qualifications and maximum hours of 

service of employees, the safety of 

operations, and the equipment, of motor 

carriers in interstate commerce (80 Stat. 

939). This authority, first granted to the 

ICC in the Motor Carrier Act of 1935 

(Pub. L. 74–255, 49 Stat. 543, Aug. 9, 

1935), now appears in 49 U.S.C. chapter 

315. The regulations issued under this 

authority, as well as subsequently 

enacted laws, became known as the 

FMCSRs, codified at 49 Code of Federal 

Regulations (CFR) parts 350 through 

399. The administrative powers to 


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80170 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 

1Responsibility 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). 

enforce chapter 315 (codified in 49 

U.S.C. chapter 5) were also transferred 

from the ICC to DOT in 1966, assigned 

first to the Federal Highway 

Administration (FHWA), and then to 

FMCSA. The FMCSA Administrator, 

whose powers and duties are set forth 

in 49 U.S.C. 113, has been delegated 

authority by the Secretary of 

Transportation (the Secretary) under 49 

CFR 1.81 to prescribe regulations and to 

exercise authority over and with respect 

to any personnel within the 

organization, and under 49 CFR 1.87 to 

carry out the motor carrier functions 

vested in the Secretary. 

Between 1984 and 1999, enforcement 

of the FMCSRs, the Hazardous Materials 

Regulations, and the Commercial 

Regulations was added to FHWA’s 

authority. The statutes granting these 

authorities include the Motor Carrier 

Safety Act of 1984 (Pub. L. 98–554, Title 

II, 98 Stat. 2832, Oct. 30, 1984), codified 

at 49 U.S.C. chapter 311, subchapter III; 

the Commercial Motor Vehicle Safety 

Act of 1986 (Pub. L. 99–570, Title XII, 

100 Stat. 3207–170, Oct. 27, 1986), 

codified at 49 U.S.C. chapter 313; the 

Hazardous Materials Transportation 

Uniform Safety Act of 1990, as amended 

(Pub. L. 101–615, 104 Stat. 3244, Nov. 

16, 1990), codified at 49 U.S.C. chapter 

51; the Omnibus Transportation 

Employee Testing Act of 1991 (Pub. L. 

102–143, Title V, 105 Stat. 917, 952, 

Oct. 28, 1991), codified at 49 U.S.C. 

31306; the ICC Termination Act of 1995 

(Pub. L. 104–88, 109 Stat. 803, Dec. 29, 

1995), codified at 49 U.S.C. chapters 

131–149; and the Transportation Equity 

Act for the 21st Century (Pub. L. 105– 

178, 112 Stat. 107, June 9, 1998). 

The Motor Carrier Safety 

Improvement Act of 1999 (Pub. L. 106– 

159, 113 Stat. 1748, Dec. 9, 1999) 

established FMCSA as a new operating 

administration within DOT, effective 

January 1, 2000. Accordingly, since that 

time the motor carrier safety, and 

certain commercial, responsibilities 

previously assigned to both the ICC and 

FHWA have been the jurisdiction of 

FMCSA. These responsibilities also 

include regulations relating to section 

18 of the Noise Control Act of 1972, 

codified at 42 U.S.C. 4917, which were 

originally assigned to the Secretary of 

Transportation (Pub. L. 92–574, 86 Stat. 

1249, Oct. 27, 1972) and delegated to 

FHWA (39 FR 7791, Feb. 28, 1974), and 

are now the jurisdiction of FMCSA, as 

codified at 49 U.S.C. 113(f)(1).1

Congress subsequently expanded, 

modified, and amended FMCSA’s 

authority in the Uniting and 

Strengthening America by Providing 

Appropriate Tools Required to Intercept 

and Obstruct Terrorism Act of 2001 

(Pub. L. 107–56, 115 Stat. 272, Oct. 26, 

2001); the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU) (Pub. 

L. 109–59, 119 Stat. 1144, Aug. 10, 

2005); the SAFETEA–LU Technical 

Corrections Act of 2008 (Pub. L. 110– 

244, 122 Stat. 1572, June 6, 2008); the 

Moving Ahead for Progress in the 21st 

Century Act (MAP–21) (Pub. L. 112– 

141, 126 Stat. 405, July 6, 2012); Fixing 

America’s Surface Transportation Act 

(Pub. L. 114–94, 129 Stat. 1312, Dec. 4, 

2015); and the Infrastructure Investment 

and Jobs Act (Pub. L. 117–58, 135 Stat. 

429, Nov. 15, 2021). 

The specific regulations amended by 

this rule are based on the statutes 

detailed above. Generally, the legal 

authority for each of those provisions 

was explained when the requirement 

was originally adopted and is noted at 

the beginning of each part in 49 CFR. 

The Administrative Procedure Act 

(APA) specifically provides exceptions 

to its notice and comment rulemaking 

procedures when an agency finds there 

is good cause to dispense with them, 

and incorporates the finding, and a brief 

statement of reasons therefore, in the 

rules issued (5 U.S.C. 553(b)(B)). Good 

cause exists when an agency determines 

that notice and public comment 

procedures are impractical, 

unnecessary, or contrary to the public 

interest. The amendments made in this 

final rule primarily correct inadvertent 

errors and omissions, remove or update 

obsolete references, and make minor 

language changes to improve clarity and 

consistency. The technical amendments 

do not impose any new material 

requirements or increase compliance 

obligations. For these reasons, FMCSA 

finds good cause that notice and public 

comment on this final rule are 

unnecessary. 

In addition to amendments that fall 

within the APA good cause exception, 

this rule also contains amendments that 

fall within the APA exception for rules 

of agency organization, procedure, or 

practice. The Agency amends part 386, 

titled ‘‘Rules of Practice for FMCSA 

Proceedings,’’ so that administrative 

proceedings under that part are brought 

before the appointed or duly authorized 

Agency Decisionmaker rather than the 

Assistant Administrator. These 

amendments fall within the exception to 

the APA’s notice and comment 

rulemaking procedures for ‘‘rules of 

agency organization, procedure, or 

practice,’’ (5 U.S.C. 553(b)(A)), and are 

therefore excepted from the notice and 

public comment requirements. Further, 

the APA does not apply to matters 

‘‘relating to agency management or 

personnel’’ (5 U.S.C. 553(a)(2)); 

therefore, the notice and comment 

rulemaking procedures do not apply to 

the Agency Decisionmaker amendments 

in part 386. 

The APA also allows agencies to make 

rules effective immediately with good 

cause (5 U.S.C. 553(d)(3)), instead of 

requiring publication 30 days prior to 

the effective date. For the reasons 

already stated, FMCSA finds there is 

good cause for this rule to be effective 

immediately, except as noted in 

amendatory instruction 84 concerning 

the revised Medical Examination Report 

Form, MCSA–5875, in § 391.43(f) and 

Medical Examiner’s Certificate, Form 

MCSA–5876, in § 391.43(h). 

II. Severability 

The purpose of this rule is to make 

technical amendments throughout 

FMCSA’s regulations. These 

amendments include minor changes to 

correct inadvertent errors and 

omissions, remove or update obsolete 

references, and improve the clarity and 

consistency of certain regulatory 

provisions. These technical 

amendments, which apply to many 

different parts of FMCSA’s regulations, 

are collected into this single rule for 

rulemaking efficiency. This rule is 

bound together by the common 

character of the changes as technical 

amendments, rather than a common 

subject matter. As a result, FMCSA finds 

that the provisions in this final rule can 

operate independently and are therefore 

severable. In the event a court were to 

invalidate one or more of this 

rulemaking’s unique provisions, the 

remaining provisions should stand. 

III. Section-by-Section Analysis 

This section-by-section analysis first 

describes changes to the regulatory text 

that affect multiple parts within the 

FMCSRs, and then the remaining 

changes to the regulatory text in 

numerical order. 

A. Amendments Affecting Multiple 

Parts Within Chapter III, Subchapter B 

The following amendments affect 

chapter III, subchapter B, as a whole, or 

multiple parts within the subchapter. 

Redesignation of Appendix B to 

Subchapter B of Chapter III and Deletion 

of Reserved Appendices 

FMCSA makes several amendments to 

the appendices of chapter III, 

subchapter B, to complete a 


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2 In 2021, FMCSA redesignated subchapter B, 

appendix F (entitled ‘‘Commercial Zones’’), as 

appendix A to part 372 (86 FR 57060, 57066, Oct. 

14, 2021). In the same rule FMCSA redesignated 

subchapter B, appendix G (entitled ‘‘Minimum 

Periodic Inspection Standards’’), as appendix A to 

part 396 (86 FR 57060, 57066, Oct. 14, 2021). Both 

of these appendices were removed and were not 

reserved. 

reorganization of that subchapter. The 

object of the reorganization is to move 

each appendix at the end of subchapter 

B to the specific part to which the 

appendix most directly pertains, for the 

purpose of making the appendices more 

helpful and accessible to the reader. All 

but one of the appendices have already 

been moved via redesignation, though 

appendices A and C through E remain 

reserved at the end of the subchapter to 

maintain the appendix ordering.2 The 

last non-reserved appendix, appendix B, 

is now moved and the reserved 

appendices are deleted. 

Subchapter B formerly had an 

appendix A entitled ‘‘Interpretations.’’ 

This appendix contained a collection of 

interpretations of the FMCSRs. 

FMCSA’s predecessor agency, FHWA, 

deemed this appendix obsolete, and 

removed and reserved it (59 FR 60319, 

60322, Nov. 23, 1994). With the 

relocation of appendix B, appendix A 

no longer needs to be reserved to 

maintain the appendix ordering, and so 

FMCSA deletes reserved appendix A to 

subchapter B. 

FMCSA redesignates appendix B to 

subchapter B, entitled ‘‘Special Agents,’’ 

as appendix B to part 390. This 

appendix describes the authority of 

persons appointed as special agents of 

FMCSA, and the obligations of motor 

carriers and other regulated entities to 

comply with examination and 

inspection by special agents. Of the 

parts within the FMCSRs, this appendix 

most directly pertains to part 390, 

‘‘Federal Motor Carrier Safety 

Regulations; General,’’ therefore FMCSA 

redesignates the appendix as appendix 

B to that part. Note that the appendix is 

cross-referenced in several sections of 

the FMCSRs, and conforming 

amendments are made to update these 

cross-references, as described later in 

the section-by-section analysis. 

Subchapter B formerly had an 

appendix C entitled ‘‘Written 

Examination for Drivers.’’ This 

appendix related to a written 

examination covering the FMCSRs, then 

required by part 391. FHWA determined 

this requirement was unnecessary and 

removed and reserved the appendix (59 

FR 60319, 60320, Nov. 23, 1994). 

FMCSA now deletes the reserved 

appendix. 

Subchapter B formerly had an 

appendix D entitled ‘‘Table of 

Disqualifying Drugs and Other 

Substances, Schedule I,’’ and an 

appendix E entitled ‘‘Tables of 

Disqualifying Drugs and Other 

Substances, Schedules II Through V.’’ 

Earlier versions of the FMCSRs crossreferenced these tables in regulations 

related to controlled substances use and 

testing. When the controlled substances 

use and testing regulations were 

updated, these cross-references to 

appendices were replaced with crossreferences to drug schedules located 

elsewhere in the CFR (see, e.g., 62 CFR 

37150, 37151, July 11, 1997 

(amendment to the definition of 

controlled substance in § 383.5)). The 

change in cross-references made 

appendices D and E unnecessary, and 

FHWA removed and reserved them (62 

CFR 37150, 37153, July 11, 1997). 

FMCSA now deletes these reserved 

appendices. 

Replacement of the Term ‘‘Web Site’’ 

FMCSA amends the FMCSRs 

throughout to change the terms ‘‘Web 

site’’ and ‘‘web site’’ to ‘‘website.’’ This 

change adds consistency throughout the 

FMCSRs by adopting the updated form 

of the term, which is already used in 

several regulations (see, e.g., 49 CFR 

375.213(a)(1)). FMCSA also changes the 

term ‘‘http’’ to ‘‘https’’ to ensure the 

website addresses in the CFR are 

accurate. This amendment affects 

§§ 365.105, 365.106T, 365.503, 368.3, 

368.3–1T, 368.3T, 369.1, 371.107, 

371.111, 371.117, 375.103, 375.213, 

385.305, 385.305T, 385.603T, 389.5, 

390.19, 390.19T, 390.200T, 390.201, 

391.43, 395.22, and appendix A to 

subpart B of part 395. 

Addition of a Hyphen to the Adjective 

‘‘Third-Party’’ 

FMCSA amends the FMCSRs by 

adding a hyphen to the term ‘‘third 

party’’ where it is used as an adjective. 

In these instances, hyphen usage is 

recommended by the U.S. Government 

Publishing Office Style Manual. This 

amendment increases clarity by 

updating the term to use the correct 

grammar to avoid confusion. This 

amendment does not affect instances 

where ‘‘third party’’ is used as a noun 

(see, e.g., 49 CFR 350.207(b)). This 

amendment affects §§ 382.107, 382.401, 

382.403, 382.409, 382.711, 383.5, 

383.75, 384.228, 384.229, and 390.15. 

B. Part 325—Compliance With Interstate 

Motor Carrier Noise Emission Standards 

Section 325.13 Inspection and 

Examination of Motor Vehicles 

FMCSA replaces ‘‘appendix B to 

subchapter B’’ with ‘‘appendix B to part 

390’’ in paragraph (a). This change 

reflects the redesignation of appendix B 

to subchapter B of chapter III—Special 

Agents, as discussed above in section 

III.A. The redesignation appends the 

Special Agents material to part 390, the 

part to which it most directly pertains. 

C. Part 375—Transportation of 

Household Goods in Interstate 

Commerce; Consumer Protection 

Regulations 

Section 375.103 What are the 

definitions of terms used in this part? 

FMCSA replaces ‘‘§ 1312.3(a)’’ with 

‘‘§ 1310.3(a)’’ in the definition of tariff 

to correct a cross-reference. The 

definition currently references 49 CFR 

1312.3(a) when referring to Surface 

Transportation Board tariff 

requirements. However, the Surface 

Transportation Board tariff requirements 

for shipments of household goods 

referenced in the definition of tariff are 

found at 49 CFR 1310.3(a). Accordingly, 

FMCSA is updating the cross-reference 

to reflect the correct section of the 

regulations. 

Section 375.403 How must I provide a 

binding estimate? 

FMCSA amends § 375.403(a)(6)(ii) to 

clarify the requirements for binding 

estimates provided by household goods 

motor carriers. Section 375.403(a) 

describes the requirements for a binding 

estimate, and § 375.403(a)(6) relates to 

situations where a shipper of household 

goods tenders additional household 

goods or requires additional services not 

identified in the binding estimate. This 

section was amended last year to 

incorporate recommendations from the 

Household Goods Consumer Protection 

Working Group (the Working Group) (87 

FR 24431, Apr. 26, 2022). Prior to this 

amendment, § 375.403(a)(6)(ii) referred 

to a revised binding estimate that 

accurately listed, in detail, additional 

household goods or services. As 

amended, § 375.403(a)(6)(ii) refers to a 

new, rather than a revised, binding 

estimate and does not expressly refer to 

a list of additional goods or services. 

FMCSA’s purpose in amending this 

section was merely to change the 

requirement from a revised binding 

estimate to a new binding estimate (87 


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3This intention is further evidenced by the report 

on which the 2022 amendment was based, 

Recommendations to the U.S. Department of 

Transportation to Improve Household Goods 

Consumer Education, Simplify and Reduce 

Paperwork, and Condense FMCSA Publication ESA 

03005 (Working Group Recommendations). The 

report is available online at https://

www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/ 

fastact/450791/fast-act-hhg-working-group-reportrecommendations.pdf (last accessed July 19, 2023). 

The report describes situations where rogue 

operators take advantage of revised estimates and 

recommends revising § 375.403(a)(6)(ii) to require a 

new estimate (see pp. 28–30). 

FR 24431, 24435, Apr. 26, 2022).3 The 

Working Group had found that, in some 

cases, revised estimates obscured 

whether the shipper and mover had 

agreed to the items to be moved, 

services to be provided, and price to be 

paid. The lack of clear terms made it 

difficult for investigators to address 

shipper complaints, and the Working 

Group recommended requiring a new 

estimate, rather than a revised estimate, 

to close this loophole. 

In making the change from ‘‘revised 

binding estimate’’ to ‘‘new binding 

estimate’’ in 2022, however, there was 

no intent to remove the requirement that 

the estimate contain an accurate and 

detailed list of the household goods or 

services to which the estimate applied, 

and no such change was discussed in 

the rulemaking. Rather, FMCSA 

intended that the new estimate would 

justify the increased costs for additional 

goods and services by clearly describing 

all goods and services included in the 

shipment, as is required for original 

estimates in § 375.403(a)(5), including 

any additional goods tendered or 

services requested. It has come to 

FMCSA’s attention that deleting this 

language may have inadvertently caused 

confusion about what a new binding 

estimate must contain. The Agency is 

therefore amending § 375.403(a)(6)(ii) to 

restore the language indicating that a list 

of additional household goods and 

services is required when a new 

estimate is prepared. 

FMCSA also replaces ‘‘§ 375.401(a)’’ 

with ‘‘§ 375.401(b)(1)’’ in paragraph (b) 

to correct a cross reference. The 

requirements for a binding estimate 

referenced in paragraph (b) are in 

§ 375.401(b)(1), whereas § 375.401(a) 

discusses physical surveys and does not 

mention binding estimates. 

Accordingly, FMCSA is updating the 

cross-reference to reflect the correct 

section of the regulations. 

Section 375.405 How must I provide a 

non-binding estimate? 

FMCSA amends § 375.405(b)(7)(ii) to 

make a clarification similar to the above 

amendment in § 375.403(a)(6)(ii). 

Section 375.405(b) describes the 

requirements for a non-binding 

estimate, and § 375.403(b)(7) relates to 

situations where a shipper of household 

goods tenders additional household 

goods or requires additional services not 

identified in the non-binding estimate, 

similar to the situation described in 

§ 375.403(a)(6) but in the case of a nonbinding estimate instead of a binding 

estimate. FMCSA amended 

§ 375.405(b)(7)(ii) last year to require a 

new non-binding estimate, rather than a 

revised non-binding estimate (87 FR 

24431, 24435, Apr. 26, 2022). As with 

the 2022 amendment to 

§ 375.403(a)(6)(ii), FMCSA’s amendment 

to streamline the regulatory language 

inadvertently caused confusion for 

movers when preparing new estimates. 

FMCSA now amends § 375.405(b)(7)(ii) 

to restore the original language, 

clarifying that the non-binding estimate 

must provide a detailed and accurate 

list of the additional household goods or 

services to which the estimate applies. 

Section 375.505 Must I write up a bill 

of lading? 

FMCSA amends § 375.505 by 

replacing the term ‘‘order for service’’ 

with the term ‘‘bill of lading’’ in 

paragraph (b)(4). This revision is 

consistent with the changes made in the 

2022 final rule incorporating 

recommendations from the Working 

Group (87 FR 24431, Apr. 26, 2022). As 

noted in the preamble of that rule, in 

agreement with Recommendation 9 of 

the Working Group, FMCSA removed 

the requirements in part 375 for an 

order for service as duplicative and 

updated the requirements for a bill of 

lading to also include information that 

was previously contained in an order for 

service (87 FR 2441). While all 

references to an order for service in part 

375 should have been replaced with 

references to a bill of lading, the final 

rule inadvertently left the original 

language in place in § 375.505(b)(4). 

FMCSA updates the reference to reflect 

that the bill of lading has replaced the 

order for service, consistent with the 

prior revisions. 

D. Part 378—Procedures Governing the 

Processing, Investigation, and 

Disposition of Overcharge, Duplicate 

Payment, or Overcollection Claims 

Section 378.2 Definitions 

FMCSA revises the definition of 

overcollection in § 378.2(d) so that the 

Surface Transportation Board is no 

longer described as a component of 

DOT. The Surface Transportation Board 

Reauthorization Act made the Surface 

Transportation Board completely 

independent from DOT (Pub. L. 114– 

110, 129 Stat. 2228, at 2228–29, Dec. 18, 

2015). This amendment removes the 

characterization of the Surface 

Transportation Board as a DOT 

component to conform with the board’s 

current status as an independent 

agency. 

E. Part 381—Waivers, Exemptions, and 

Pilot Programs 

Section 381.225 Who should I contact 

if I have questions about the information 

I am required to submit to the FMCSA 

or about the status of my request for a 

waiver? 

FMCSA replaces ‘‘Office of Bus and 

Truck Standards and Operations (MC– 

PS)’’ with ‘‘Office of Carrier, Driver & 

Vehicle Safety Standards (MC–PS)’’ to 

update the name of the office. The office 

name has changed to ‘‘Office of Carrier, 

Driver & Vehicle Safety Standards’’ 

since this section was last amended. 

FMCSA removes the word ‘‘the’’ 

preceding the term ‘‘FMCSA’’ in the 

section heading as an update to the 

language for consistency. FMCSA also 

removes the period after the term ‘‘SE’’ 

in the address provided in the section. 

Section 381.315 What will the FMCSA 

do after the agency receives my 

application for an exemption? 

FMCSA removes the word ‘‘the’’ 

where it precedes the term ‘‘FMCSA’’ in 

the section heading for consistency. 

FMCSA removes the word ‘‘to’’ 

preceding the word ‘‘either’’ in 

paragraph (b) and adds the word ‘‘to’’ 

before the word ‘‘deny’’ to correct a 

typographical error. In paragraph (d)(1), 

FMCSA replaces ‘‘the Department of 

Transportation, Docket Management 

Facility, 1200 New Jersey Ave. SE, 

Washington, DC 20590–0001’’ with 

‘‘Dockets Operations, U.S. Department 

of Transportation, 1200 New Jersey 

Avenue SE, West Building, Ground 

Floor, Washington, DC 20590–0001’’ to 

update the office name and location. In 

paragraph (d)(2), FMCSA replaces ‘‘the 

Department of Transportation, Docket 

Management Facility’’ with ‘‘Dockets 

Operations, U.S. Department of 

Transportation’’ to update the office 

name. 

F. Part 382—Controlled Substances and 

Alcohol Use and Testing 

Section 382.213 Controlled Substance 

Use 

FMCSA revises § 382.213(b) to replace 

‘‘pursuant to the instructions of a 

licensed medical practitioner’’ with 

‘‘prescribed by a licensed medical 

practitioner.’’ This amendment 

conforms to FMCSA’s intent as 

described in its final rule ‘‘Harmonizing 


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Schedule I Drug Requirements,’’ 

published at 77 FR 4479 (Jan. 30, 2012). 

The Agency had proposed to amend 

§ 382.213(b) by replacing ‘‘prescribed 

by’’ with ‘‘pursuant to the instructions 

of’’ a licensed medical practitioner but 

declined to adopt that change. When 

declining to adopt the language change 

in the final rule, FMCSA explained that 

the proposed change was inconsistent 

with language used elsewhere in the 

Agency’s regulations and would be 

confusing to public. The Agency further 

stated in the final rule that it was 

removing the language ‘‘pursuant to the 

instructions of’’ and replacing it with 

the original language in this section, 

‘‘prescribed by’’ (77 FR 4481). However, 

that change was inadvertently omitted 

from the 2012 final rule regulatory text. 

This amendment conforms the language 

of § 382.213(b) with FMCSA’s expressed 

intent. 

Section 382.213(c) currently states 

that employers who have actual 

knowledge of controlled substance use 

by drivers must not permit the driver to 

perform, or continue to perform, safetysensitive functions. The term controlled 

substances, currently defined in 

§ 382.107, refers to those substances 

tested for in accordance with 49 CFR 

40.82. FMCSA amends § 382.213(c) by 

adding ‘‘as defined in § 382.107’’ after 

‘‘controlled substances’’ and by adding 

‘‘except when the use is prescribed by 

a licensed medical practitioner, as 

defined in § 382.107, who is familiar 

with the driver’s medical history and 

has advised the driver that the 

substance will not adversely affect the 

driver’s ability to safely operate a 

commercial motor vehicle.’’ The Agency 

makes this change to conform 

§ 382.213(c) with the language of 

§ 382.213(b), as revised. 

Section 382.217 Employer 

Responsibilities 

Section 382.217 states that no 

employer may allow, require, permit, or 

authorize a driver to operate a 

commercial motor vehicle (CMV) during 

any period in which an employer 

determines that a driver is not in 

compliance with the return-to-duty 

requirements in 49 CFR part 40, subpart 

O, after the occurrence of prohibited 

drug or alcohol use, as specified in 

paragraphs (a) through (d) or has actual 

knowledge that a driver has used 

alcohol while performing safety 

sensitive functions, used alcohol within 

4 hours of performing safety-sensitive 

functions, or used a controlled 

substance, as set forth in paragraphs 

(e)(1) through (3). The term controlled 

substance, currently defined in 

§ 382.107, refers to those substances 

tested for in accordance with 49 CFR 

40.82. 

FMCSA amends paragraph (e)(3) by 

adding after ‘‘controlled substance’’ the 

phrase ‘‘except when the use is 

prescribed by a licensed medical 

practitioner who is familiar with the 

driver’s medical history and has advised 

the driver that the substance will not 

adversely affect the driver’s ability to 

safely operate a commercial motor 

vehicle.’’ Under current regulations, a 

driver who uses a controlled substance, 

as defined in § 382.107, pursuant to a 

valid prescription as described above, is 

not required to comply with return-toduty requirements. The Agency makes 

this change to conform with existing 

practice in FMCSA’s controlled 

substance use and testing program and 

to conform paragraph (e)(3) with the 

language of § 382.213(c), as revised. 

G. Part 383—Commercial Driver’s 

License Standards; Requirements and 

Penalties 

Section 383.25 Commercial Learner’s 

Permit (CLP) 

FMCSA amends § 383.25(a)(1) by 

adding the words ‘‘and is otherwise 

authorized to operate the CMV for that 

trip’’ following ‘‘necessary to operate 

the CMV’’ in the first sentence. Section 

383.25 permits a CLP holder to operate 

a CMV on public roads for purposes of 

behind-the-wheel (BTW) training, as 

long as several minimum conditions are 

met. One of these conditions, set forth 

in § 383.25(a)(1), requires that the CLP 

holder be accompanied by the holder of 

a valid commercial driver’s license 

(CDL) who has the proper CDL group 

and endorsement(s) necessary to operate 

the CMV and is physically present in 

the front seat of the CMV next to the 

CLP holder, or in the case of a passenger 

vehicle, directly behind or in the first 

row behind the driver. The CDL holder 

must have the CLP holder under 

observation and direct supervision. The 

amendment clarifies that the CDL 

holder must also be legally authorized 

to operate the CMV for the trip. FMCSA 

makes this revision in response to a 

petition for rulemaking submitted in 

April 2023 by the Commercial Vehicle 

Safety Alliance asking the Agency to 

clarify this issue in the interest of 

promoting safety. 

The requirement that the CLP holder 

be accompanied by the holder of a valid 

CDL who has the proper CDL group and 

endorsement(s) serves two purposes: (1) 

the CDL holder, having passed the CDL 

skills test(s), is knowledgeable in the 

operation of the CMV for BTW training 

purposes; and (2) the CDL holder is 

ready to assume control of the CMV in 

the event the CLP holder is not capable 

of performing a BTW training maneuver, 

or becomes otherwise incapacitated. As 

discussed below, FMCSA is aware, 

however, that situations may occur 

when the person accompanying the CLP 

holder has a valid CDL but is 

nevertheless not legally authorized to 

operate the CMV due to other existing 

regulatory requirements. 

For example, someone holding a valid 

CDL may be prohibited from operating 

a CMV due to a drug or alcohol use or 

testing violation, in accordance with 

§ 382.501(a). The Agency notes that 

even after the CDL downgrade provision 

set forth in § 383.73(q) takes effect on 

November 18, 2024, thereby removing 

the CDL privilege from the holder’s 

license, the downgrade may not be 

recorded on the CDL holder’s CDLIS 

record for up to 60 days. Another 

example involves a CDL holder who is 

not qualified to operate a CMV because 

they do not comply with the physical 

qualification requirements in 49 CFR 

part 391, subpart E, as required by 

§ 391.11(a). The holder’s CDL is subject 

to downgrade in accordance with 

§ 383.73(o)(4), due to not a having a 

current medical certificate or medical 

variance, but again, the downgrade may 

not be effective for 60 days. Another 

scenario would be when a CDL holder 

has self-certified as ‘‘excepted interstate 

commerce’’ and is thus exempt from 

medical requirements, but the CDL 

holder is accompanying the CLP holder 

in a non-excepted interstate movement. 

Under these circumstances, operating 

without a current medical certificate is 

prohibited. In each of these examples, 

the individual continues to hold a CDL 

that is facially valid while they are 

otherwise prohibited from operating the 

CMV due to existing regulatory 

requirements. FMCSA acknowledges 

that these examples are not intended to 

be exclusive and that there may be other 

instances where an individual holding a 

valid CDL is not authorized to operate 

the CMV under the FMCSRs. 

Section 383.37 Employer 

Responsibilities 

FMCSA replaces the words ‘‘he or 

she’’ with the words ‘‘the employer’’ in 

the introductory text of § 383.37 to 

clarify that the knowledge requirement 

referred to in the regulation applies to 

the employer. In paragraph (d), FMCSA 

replaces the words ‘‘he/she is driving’’ 

with ‘‘the driver is operating’’ to update 

the language. 


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80174 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 

H. Part 384—State Compliance With 

Commercial Driver’s License Program 

Section 384.208 Notification of 

Disqualification 

Section 383.5 defines commercial 

driver’s license (CDL) as a license issued 

to an individual by a State or other 

jurisdiction of domicile, in accordance 

with the standards contained in this 

part, which authorizes the individual to 

operate a class of a CMV. In accordance 

with § 383.23(b)(1), CDLs issued by 

Canadian Provinces and Territories in 

conformity with the Canadian National 

Safety Code and the Licencias Federales 

de Conductor issued by the United 

Mexican States are in accordance with 

the standards of 49 CFR part 383. In 

§ 384.208(a), FMCSA adds the phrase 

‘‘or other jurisdiction of domicile’’ after 

‘‘by another State’’ and adds the words 

‘‘or jurisdiction’’ after ‘‘notify the State.’’ 

The purpose of these amendments, 

which reflect current practice, is to 

conform to the current definition of CDL 

set forth in § 383.5 and to clarify that the 

commercial licensing entities in Canada 

and Mexico are included within the 

scope of this section. 

Section 384.209 Notification of Traffic 

Violations 

In paragraphs (a)(1) and (b)(1) of 

§ 384.209, FMCSA adds the phrase ‘‘or 

other jurisdiction of domicile’’ after 

‘‘another State’’ and adds the words ‘‘or 

jurisdiction’’ between ‘‘the licensing 

entity in the State’’ and ‘‘where the 

driver is licensed.’’ The purpose of these 

amendments, which reflect current 

practice, is to conform to the current 

definition of CDL set forth in § 383.5 

and to clarify that the commercial 

licensing entities in Canada and Mexico 

are included within the scope of this 

section, similar to the amendments to 

§ 384.208 above. 

I. Part 386—Rules of Practice for 

FMCSA Proceedings 

Agency Proceedings Before the Agency 

Decisionmaker 

FMCSA amends part 386 by replacing 

‘‘Assistant Administrator’’ with 

‘‘Agency Decisionmaker’’ throughout 

the part, excluding §§ 386.1 and 386.2. 

FMCSA amends §§ 386.1 and 386.2 to 

make similar, section-specific 

replacements. These amendments 

specify that administrative proceedings 

under applicable provisions of the 

Federal Motor Carrier Safety 

Regulations (49 CFR parts 350 through 

399), including the commercial 

regulations (49 CFR parts 360 through 

379), and the Hazardous Materials 

Regulations (49 CFR parts 171 through 

180) are not necessarily brought before 

the Assistant Administrator. The statute 

requiring FMCSA to have an Assistant 

Administrator, 49 U.S.C. 113(e), does 

not require that this person act as the 

Agency Decisionmaker. Replacing the 

current language is consistent with the 

Agency’s ability to allow another 

properly appointed official to assume 

the duties of Agency Decisionmaker 

when the Assistant Administrator 

position is vacant or when the Agency 

determines that this function is better 

served by a different official. 

Consequently, this part will be updated 

to state that such proceedings are before 

the Agency Decisionmaker, rather than 

before the Assistant Administrator. 

FMCSA also amends part 386 to 

conform the capitalization of the term 

‘‘Agency Decisionmaker’’ throughout 

the part. 

Final Order 

FMCSA amends part 386 to correct 

certain instances where the term ‘‘Final 

Agency Order’’ is used instead of the 

term ‘‘Final Order.’’ These terms, while 

similar, are distinguishable in that a 

Final Order may be reviewed by the 

Agency Decisionmaker, while a Final 

Agency Order is typically issued by the 

Agency Decisionmaker and constitutes 

FMCSA’s final action in a proceeding. 

The amendment applies to sections 

where the regulations are intended to 

refer to an administratively reviewable 

Final Order rather than a Final Agency 

Order as defined in § 386.2. The affected 

sections are §§ 386.14, 386.16, 386.31, 

386.36, 386.61, and 386.64. Taking 

§ 386.14 as an example, the document 

currently described as a ‘‘Notice of 

Default and Final Agency Order’’ in 

§ 386.14(c)(1) is appealable to the 

Agency Decisionmaker for review and is 

therefore not a Final Agency Order 

when initially issued, thus the 

terminology must be corrected to read, 

‘‘Notice of Default and Final Order.’’ In 

addition to replacing the term ‘‘Final 

Agency Order’’ with ‘‘Final Order’’ 

where necessary to correct this 

oversight, the Agency also makes minor 

conforming amendments to 

§§ 386.14(c)(3) and 386.16(a)(5). The 

term ‘‘Final Agency Order’’ is retained 

in sections describing orders that are 

Final Agency Orders as defined in 

§ 386.2 (see, e.g., § 386.18). 

Section 386.1 Scope of the Rules in 

This Part 

FMCSA amends § 386.1(a) and (b) to 

replace ‘‘Assistant Administrator’’ with 

‘‘Agency Decisionmaker,’’ consistent 

with the replacement amendment 

applied throughout part 386, described 

above. The amendment to § 386.1 

includes the removal of the description 

of the Assistant Administrator as 

FMCSA’s Chief Safety Officer, 

appearing in § 386.1(a), because the 

section will no longer refer to the 

Assistant Administrator. 

Section 386.2 Definitions 

FMCSA amends the definition of 

‘‘Agency Decisionmaker’’ in § 386.2. 

Currently, the Agency Decisionmaker is 

the Assistant Administrator or any 

person to whom this decisionmaking 

authority has been delegated. The 

amended definition will make clear that 

other Agency officials may serve as the 

Agency Decisionmaker, provided they 

are appointed by the President or 

otherwise duly authorized. As discussed 

above, the Assistant Administrator is 

not statutorily required to serve in this 

role and FMCSA has the discretion to 

delegate these functions to another 

authorized official. 

FMCSA deletes the definition of 

‘‘Assistant Administrator,’’ as this term 

will no longer be used interchangeably 

with the term ‘‘Agency Decisionmaker.’’ 

FMCSA amends the definition of 

‘‘Final Agency Order’’ to reflect that 

such orders are issued by the Agency 

Decisionmaker or another authorized 

official, in conformance with the 

amendments discussed above. 

Section 386.3 Separation of Functions 

FMCSA amends § 386.3 to conform 

the capitalization of the terms ‘‘Agency 

Decisionmaker’’ and ‘‘Agency 

Decisionmakers’’ with the capitalization 

used throughout the rest of part 386. 

Section 386.12 Complaints 

FMCSA amends § 386.12 by 

correcting the telephone number 

provided for information on filing a 

written complaint, in each place that the 

number appears. The telephone number 

included in this section was 

inaccurately published as beginning 

with ‘‘1–800,’’ but in fact begins with 

‘‘1–888.’’ The remainder of the 

telephone number is unchanged. 

J. Part 387—Minimum Levels of 

Financial Responsibility for Motor 

Carriers 

Section 387.9 Financial 

Responsibility, Minimum Levels 

FMCSA amends § 387.9 by adding the 

words ‘‘in bulk’’ to one of the 

commodities listed in table 1, to 

conform the description of that 

commodity to other commodity 

descriptions on the list. Section 387.9 

specifies minimum levels of financial 

responsibility that motor carriers must 

maintain to comply with other sections 

within part 387 (see 49 CFR 387.7). The 


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4FMCSA’s commercial household goods 

regulations in part 375 cite part 389 when referring 

to procedures required to update regulatory 

requirements relating to appendix A of part 375 

through notice and comment rulemaking (49 CFR 

375.213(c)(1)). 

5See the Legal Basis section above for an 

overview of the relevant statutes that transferred 

authority for certain provisions from the ICC to 

FHWA, and subsequently to FMCSA. 

6On January 17, 2017, FMCSA suspended certain 

regulations relating to the electronic Unified 

Registration System and delayed their effective date 

indefinitely (82 FR 5292). The suspended 

regulations were replaced by temporary provisions 

that contain the requirements in place on January 

13, 2017. Section 390.5 was one of the sections 

suspended and § 390.5T, which is currently in 

effect, was one of the replacement sections added 

(82 FR 5299). 

level of financial responsibility required 

depends on the type of carriage and the 

commodity transported, as shown in 

table 1 of § 387.9. The second row of the 

table specifies a combination of carriage 

type and commodity subject to a 

$5,000,000 level of financial 

responsibility. 

FMCSA, and FHWA before it, have 

amended table 1 several times to clarify 

that the list generally refers to 

commodities carried in bulk (see 59 FR 

63921, 63924 (Dec. 12, 1994), 73 FR 

76496 (Dec. 16, 2008), and 86 FR 57060, 

57064 (Oct. 14, 2021)). The table 

previously used various terms to 

describe the quantities of these 

commodities and stated that the 

$5,000,000 level of financial 

responsibility applied to, among other 

commodities, in bulk Division 1.1, 1.2, 

1.3 materials, Division 2.3, Hazard Zone 

A, or Division 6.1, Packing Group I, 

Hazard Zone A material. As part of a 

later amendment, this list of 

commodities was broken into multiple 

clauses and the word ‘‘or’’ omitted. The 

term ‘‘in bulk’’ was also inadvertently 

omitted from the new clause containing 

Division 2.3, Hazard Zone A materials. 

This commodity should be described as 

in bulk, the same as the preceding and 

succeeding items on this list. FMCSA 

corrects this oversight by prepending 

the words ‘‘in bulk’’ to Division 2.3, 

Hazard Zone A material. 

K. Part 389—Rulemaking Procedures— 

Federal Motor Carrier Safety 

Regulations 

Section 389.3 Definitions 

FMCSA revises the definition of act in 

§ 389.3 by adding ‘‘or commercial 

activity’’ to the end of the definition. 

This revision clarifies that the 

rulemaking procedures in part 389 

apply to the issuance, amendment, and 

revocation of rules under FMCSA’s 

statutory authority for both motor 

carrier safety and commercial 

activities.4 The definition of act 

currently references statutes only 

covering motor carrier safety. FMCSA’s 

intent and practice, however, is and has 

been that part 389 applies to rulemaking 

procedures in all areas of FMCSA’s 

authority, including the Agency’s 

commercial authorities. The lack of 

reference to commercial authorities is 

an oversight in § 389.3 that has carried 

over from predecessor agency 

regulations. 

When responsibility for administering 

these commercial authorities was 

transferred from the ICC to FHWA,5 the 

definition of act should have been 

updated to include the new authorities 

under which FHWA was promulgating 

regulations. However, the new 

commercial authorities were not 

formally updated into the definition of 

act, although nothing in the regulatory 

history of this section suggests this 

omission was intended. When the 

FHWA regulations were transferred to 

FMCSA, it was an inadvertent oversight 

for the Agency to not update the 

definition to include the commercial 

statutes. In practice, the Agency has 

treated these regulatory actions the 

same. Thus, the Agency remedies this 

ongoing oversight by revising the 

definition of act to include a reference 

to FMCSA’s commercial statutory 

authorities to clarify that the provisions 

in part 389 apply to the issuance, 

amendment, and revocation of rules 

under both safety and commercial 

authorities. 

Section 389.31 Petitions for 

Rulemaking 

FMCSA amends § 389.31 by 

correcting a typographical error in the 

Agency’s website address. The 

published address, ‘‘www.FMCSA.gov,’’ 

is incorrect and FMCSA replaces it with 

the correct address, which is 

‘‘www.FMCSA.dot.gov.’’ 

L. Part 390—Federal Motor Carrier 

Safety Regulations; General 

Sections 390.5 (Suspended) and 390.5T 

Definitions 6

FMCSA revises the definition of 

employer in §§ 390.5 (suspended) and 

390.5T by replacing the word ‘‘terms’’ 

with ‘‘term’’ to correct a typographical 

error. The word ‘‘term’’ is meant to refer 

to the term ‘‘employer’’ in the singular. 

FMCSA revises the definition of 

medical variance in §§ 390.5 

(suspended) and 390.5T by removing 

the words ‘‘or § 391.64 of this chapter’’ 

in paragraph (1) of the definition. 

Section 391.64 provided a basis for an 

exemption from the Agency’s vision 

standard for certain drivers who 

participated in FMCSA’s Vision Waiver 

Study Program conducted in the 1990s. 

On January 21, 2022, FMCSA published 

a final rule adopting an alternative 

vision standard for individuals to be 

medically certified to operate CMVs in 

interstate commerce (87 FR 3390). The 

rule also eliminated physical 

qualification under § 391.64 as of March 

22, 2023 (87 FR 7756, Feb. 10, 2022). 

Because this date has passed, FMCSA 

removes the obsolete reference to 

medical certification under § 391.64 

from the definition. In addition, FMCSA 

adds the word ‘‘or’’ to the end of 

paragraph (1) of the definition to make 

the list grammatically correct and reflect 

that either of the documents listed is 

included in the definition, as indicated 

in the introductory paragraph of the 

term. 

FMCSA revises the definition of 

special agent in §§ 390.5 (suspended) 

and 390.5T by replacing ‘‘appendix B to 

subchapter B—Special agents’’ and 

‘‘appendix B to this subchapter— 

Special agents,’’ respectively, with 

‘‘appendix B to this part.’’ This change 

reflects the redesignation of appendix B 

to subchapter B of chapter III discussed 

above in section III.A. The redesignation 

appends the Special Agents material to 

part 390, the part to which it most 

directly pertains. 

Section 390.25 Extension of Relief 

From Regulations—Emergencies 

FMCSA revises § 390.25 by replacing 

the words ‘‘he or she’’ with the word 

‘‘it’’ in the last sentence of the section. 

This amendment also corrects an error 

from a previous technical amendment. 

In FMCSA’s technical amendments rule 

published October 14, 2021, the Agency 

replaced the term ‘‘the FMCSA Field 

Administrator’’ with the term 

‘‘FMCSA,’’ and a corresponding edit 

should have been made to replace ‘‘he 

or she’’ with ‘‘it’’ in the same sentence 

(see 86 FR 57060, 57064–65, Oct. 14, 

2021). This amendment corrects that 

oversight. 

Section 390.27 Locations of Motor 

Carrier Safety Service Centers 

FMCSA revises § 390.27 to change the 

address of the Southern Service Center 

from 1800 Century Boulevard, Suite 

1700, Atlanta, Georgia 30345–3220, to 

61 Forsyth Street SW, Suite 3M40, 

Atlanta, GA 30303. The Southern 

Service Center moved in May 2021, 

requiring this update to remove the 

obsolete address. 


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80176 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 

M. Part 391—Qualifications of Drivers 

and Longer Combination Vehicle (LCV) 

Driver Instructors 

Section 391.23 Investigation and 

Inquiries 

FMCSA revises § 391.23 to clarify that 

the initial motor vehicle record (MVR) 

required by § 391.23(a) is to cover the 

prior 3 years. This revision addresses an 

inadvertent error in a previous 

rulemaking titled, ‘‘Medical 

Certification Requirements as Part of the 

CDL,’’ published at 73 FR 73095 (Dec. 

1, 2008). FMCSA’s intention in that 

rulemaking was to revise paragraph 

(a)(1) to use the terms ‘‘State driver 

license agency’’ and ‘‘motor vehicle 

record’’ (73 FR 73113). Prior to the rule, 

paragraph (a)(1) read, ‘‘An inquiry into 

the driver’s driving record during the 

preceding 3 years to the appropriate 

agency of every State in which the 

driver held a motor vehicle operator’s 

license or permit during those 3 years; 

and.’’ The rule revised the paragraph to 

read ‘‘An inquiry to each State where 

the driver held or holds a motor vehicle 

operator’s license or permit during the 

preceding 3 years to obtain that driver’s 

motor vehicle record.’’ The rulemaking 

provided no mention of, nor rationale 

for, the removal of the language 

requiring the initial MVR to cover the 

prior 3 years. 

FMCSA now fixes this unintentional 

deletion by adding ‘‘covering that 

driver’s prior 3-year driving history’’ to 

the end of paragraph (a)(1). The 

accidental removal of the language in 

the 2008 rule has not changed how the 

3-year requirement has been applied 

since 2008, but FMCSA believes adding 

that language back to paragraph (a)(1) 

increases clarity for regulated entities. 

Section 391.43 Medical Examination; 

Certificate of Physical Examination 

FMCSA amends three paragraphs in 

§ 391.43 to remove obsolete references 

to medical certification under § 391.64. 

As noted above, § 391.64 provided a 

basis for an exemption from the 

Agency’s vision standard for certain 

drivers who participated in FMCSA’s 

Vision Waiver Study Program 

conducted in the 1990s. On January 21, 

2022, FMCSA published a final rule 

adopting an alternative vision standard 

for individuals to be medically certified 

to operate CMVs in interstate commerce 

(87 FR 3390). The rule also eliminated 

physical qualification under § 391.64 as 

of March 22, 2023 (87 FR 7756, Feb. 10, 

2022). 

FMCSA revises § 391.43 by removing 

and reserving paragraph (e). Paragraph 

(e) relates only to drivers medically 

certified under § 391.64. 

In paragraph (f), FMCSA changes the 

Medical Examination Report Form, 

MCSA–5875, by removing the option for 

medical certification under § 391.64 in 

the ‘‘Medical Examiner Determination 

(Federal)’’ section. Use of the revised 

form will become effective 60 days after 

this rule is published to provide 

sufficient time for the public to make 

any necessary information technology 

changes. 

In paragraph (h), FMCSA changes the 

Medical Examiner’s Certificate, Form 

MCSA–5876, by removing the option for 

medical certification under § 391.64 in 

the first section on the form. Use of the 

revised form will become effective 60 

days after this rule is published to 

provide sufficient time for the public to 

make any necessary information 

technology changes. 

Section 391.45 Persons Who Must Be 

Medically Examined and Certified 

FMCSA revises § 391.45 by removing 

and reserving paragraph (d). Paragraph 

(d) relates only to drivers medically 

certified under § 391.64. As previously 

noted, § 391.64 provided a basis for an 

exemption from the Agency’s vision 

standard for certain drivers who 

participated in FMCSA’s Vision Waiver 

Study Program conducted in the 1990s. 

On January 21, 2022, FMCSA published 

a final rule adopting an alternative 

vision standard for individuals to be 

medically certified to operate CMVs in 

interstate commerce (87 FR 3390). The 

rule also eliminated physical 

qualification under § 391.64 as of March 

22, 2023 (87 FR 7756, Feb. 10, 2022). 

Because this date has passed, FMCSA 

removes the obsolete reference to 

medical certification under § 391.64. 

Section 391.47 Resolution of Conflicts 

of Medical Evaluation 

FMCSA amends § 391.47 to reflect 

current Agency terminology and 

eligibility to conduct a driver physical 

qualification examination. Section 

391.47 provides a process to resolve 

conflicting medical certification 

determinations between the medical 

examiner for the driver and the medical 

examiner for the motor carrier. When 

§ 391.47 was adopted in 1970, the term 

‘‘medical examiner’’ was used in 

§ 391.47 to describe the individuals who 

conducted the physical qualification 

examination (35 FR 6458, Apr. 22, 

1970). At that time, § 391.43(a) provided 

that only a physician, i.e., a licensed 

doctor of medicine or osteopathy, was 

allowed to conduct such examinations. 

In 1977, § 391.47 was completely 

rewritten and an opinion by an 

impartial medical specialist in the field 

in which the medical conflict arose was 

added to the process (42 FR 18076, Apr. 

5, 1977). The term ‘‘physician’’ was 

used throughout the revised section to 

replace medical examiner and to 

include the impartial medical specialist. 

The intent was to ensure that the 

medical specialist was well qualified. 

The relevant provisions of § 391.47 have 

not been revised since 1977. 

Over time, the categories of medical 

professionals eligible to conduct 

physical qualification examinations 

have expanded and the term used to 

describe them has changed. In 1992, a 

new definition of health care 

professional was added to § 390.5 (57 

FR 33276, July 28, 1992). The term was 

defined as a person who is licensed, 

certified, and/or registered, in 

accordance with applicable State laws 

and regulations, to perform physical 

examinations. It included, but was not 

limited to, doctors of medicine, doctors 

of osteopathy, physician assistants, 

advanced practice nurses, and doctors 

of chiropractic. Section 391.43(a)(1) was 

amended to provide that the physical 

qualification examination must be 

performed by a licensed health care 

professional as defined in § 390.5. 

In 1993, §§ 390.5 and 391.43 were 

amended with a technical amendment 

that changed the term ‘‘health care 

professional’’ wherever it appeared back 

to the previous usage of ‘‘medical 

examiner’’ without a change to the 

definition (58 FR 59194, Nov. 8, 1993). 

In 2012, the definition of medical 

examiner in § 390.5 was amended with 

respect to physical qualification 

examinations conducted on and after 

May 21, 2014, to mean an individual 

certified by FMCSA and listed on the 

National Registry of Certified Medical 

Examiners in accordance with 49 CFR 

part 390 (77 FR 24104, Apr. 20, 2012). 

New § 390.103(a)(1) provides the 

professional licensure requirements for 

medical examiner eligibility, which are 

essentially the same as those in the prior 

definition of medical examiner. 

Section 391.47 was inadvertently 

overlooked when these changes 

occurred; therefore, FMCSA amends 

§ 391.47 to conform to current Agency 

terminology and medical examiner 

eligibility. In paragraphs (b)(1) and (7), 

FMCSA changes ‘‘physicians’’ to 

‘‘medical examiners and medical 

specialists.’’ In paragraph (b)(2), FMCSA 

changes ‘‘physician’’ to ‘‘medical 

examiner’’ each place that it appears. 

In addition, FMCSA revises § 391.47 

by removing the mail stop ‘‘MC–PS’’ in 

each place that it appears. This 

amendment corrects an inadvertent 

error from a previous technical 

amendment. In FMCSA’s technical 

amendments rule published October 14, 


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7A 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 foreignbased enterprises in domestic and export markets 

(5 U.S.C. 802(4)). 

2021, the Agency simplified many 

sections across various parts of the CFR 

to remove or otherwise update 

references to specific titles or offices to 

provide greater flexibility in delegations 

(86 FR 57060). The Agency replaced 

references to the Office of Carrier, Driver 

and Vehicle Safety Standards and its 

Director with the term ‘‘FMCSA,’’ but 

failed to remove the corresponding mail 

stop (86 FR 57074). This amendment 

corrects that oversight in § 391.47(c), 

(d)(1) and (2), and (f) by removing the 

reference to ‘‘MC–PS.’’ 

N. Part 395—Hours of Service of Drivers 

Section 395.2 Definitions 

FMCSA amends the definition of 

utility service vehicle provided in 

§ 395.2 by adding broadband-internet 

and cellular telephone operations as 

examples of public utilities in paragraph 

(1) of the definition. The definition of 

utility service vehicle in § 395.2 is used 

in part 391 as part of the hours of 

service regulations. The definition 

provides a non-exhaustive list of public 

utilities in paragraph (1) as an 

illustration of which CMVs should be 

considered utility service vehicles. 

Broadband-internet and cellular 

telephone operations are public utilities, 

as evidenced by the Federal 

Communication Commission’s 

classification of these services as public 

utilities. Many CMVs are used to repair, 

maintain, and operate facilities 

necessary for the delivery of broadbandinternet and cellular telephone 

operations. Given the prevalence of 

these operations and associated 

vehicles, FMCSA amends the list of 

public utilities in § 395.2 by adding 

broadband-internet and cellular 

telephone operations. 

Section 395.13 Drivers Ordered Out of 

Service 

FMCSA replaces ‘‘appendix B to this 

subchapter’’ with ‘‘appendix B to part 

390’’ in paragraph (a). This change 

reflects the redesignation of appendix B 

to subchapter B of chapter III discussed 

above in section III.A. The redesignation 

appends the Special Agents material to 

part 390, the part to which it most 

directly pertains. 

O. Part 396—Inspection, Repair, and 

Maintenance 

Section 396.9 Inspection of Motor 

Vehicles and Intermodal Equipment in 

Operation 

FMCSA replaces ‘‘appendix B to this 

subchapter’’ with ‘‘appendix B to part 

390’’ in paragraph (a). This change 

reflects the redesignation of appendix B 

to subchapter B of chapter III discussed 

above in section III.A. The redesignation 

appends the Special Agents material to 

part 390, the part to which it most 

directly pertains. 

P. Part 398—Transportation of Migrant 

Workers 

Section 398.8 Administration 

Inspection of Motor Vehicles in 

Operation 

FMCSA replaces ‘‘Appendix B of 

chapter III of this title’’ with ‘‘appendix 

B to part 390’’ in paragraph (a). This 

paragraph references the Special Agents 

appendix, although it incorrectly 

describes the appendix as appended to 

chapter III rather than subchapter B. 

FMCSA amends this section to reflect 

the redesignation of appendix B to 

subchapter B of chapter III discussed 

above in section III.A. The redesignation 

appends the Special Agents material to 

part 390, the part to which it most 

directly pertains. 

IV. Regulatory Analyses 

A. Executive Order (E.O.) 12866 

(Regulatory Planning and Review), E.O. 

13563 (Improving Regulation and 

Regulatory Review), E.O. 14094 

(Modernizing Regulatory Review), and 

DOT Regulatory Policies and Procedures 

FMCSA has considered the impact of 

this final rule under E.O. 12866 (58 FR 

51735, Oct. 4, 1993), Regulatory 

Planning and Review, E.O. 13563 (76 FR 

3821, Jan. 21, 2011), Improving 

Regulation and Regulatory Review, and 

by E.O. 14094 (88 FR 21879, Apr. 11, 

2023), Modernizing Regulatory Review. 

The Office of Information and 

Regulatory Affairs (OIRA) within the 

Office of Management and Budget 

(OMB) determined that this final rule is 

not a significant regulatory action under 

section 3(f) of E.O. 12866, as 

supplemented by E.O. 13563 and E.O. 

14094, and does not require an 

assessment of potential costs and 

benefits under section 6(a)(3) of that 

order. Accordingly, OMB has not 

reviewed it under that E.O. In addition, 

this rule is not significant within the 

meaning of DOT regulations (49 CFR 

5.13(a)). The amendments made in this 

final rule primarily correct inadvertent 

errors and omissions, remove or update 

obsolete references, and make minor 

language changes to improve clarity and 

consistency. Some changes are 

statutorily mandated or relate to 

previous changes that were statutorily 

mandated. In accommodating those 

changes, the Agency is performing 

nondiscretionary, ministerial acts. Other 

changes merely align regulatory 

requirements with the underlying 

statutory authority. None of the changes 

in this final rule impose new material 

requirements or increase compliance 

obligations; therefore, this final rule 

imposes no new costs and a full 

regulatory evaluation is unnecessary. 

B. Congressional Review Act 

This rule is not a major rule as 

defined under the Congressional Review 

Act (5 U.S.C. 801–808).7

C. Regulatory Flexibility Act (Small 

Entities) 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 601–612), FMCSA is 

not required to complete a regulatory 

flexibility analysis because, as discussed 

earlier in the Legal Basis for the 

Rulemaking section, this action is not 

subject to notice and public comment 

under section 553(b) of the APA. 

D. Assistance for Small Entities 

In accordance with section 213(a) of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996 (Pub. 

L. 104–121, 110 Stat. 857, Mar. 29, 

1996), FMCSA wants to assist small 

entities in understanding this final rule 

so they can better evaluate its effects on 

themselves and participate in the 

rulemaking initiative. If the final rule 

will affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance; please consult the person 

listed under the FOR FURTHER

INFORMATION CONTACT section of this 

final rule. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce or otherwise determine 

compliance with Federal regulations to 

the Small Business Administration’s 

Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of FMCSA, call 1–888–REG– 

FAIR (1–888–734–3247). DOT has a 

policy regarding the rights of small 

entities to regulatory enforcement 


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fairness and an explicit policy against 

retaliation for exercising these rights. 

E. Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal government, in the 

aggregate, or by the private sector of 

$192 million (which is the value 

equivalent of $100 million in 1995, 

adjusted for inflation to 2022 levels) or 

more in any 1 year. This final rule will 

not result in such an expenditure. 

F. Paperwork Reduction Act 

This final rule contains no new 

information collection requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3520). 

G. E.O. 13132 (Federalism) 

A rule has implications for federalism 

under section 1(a) of E.O. 13132 if it has 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ FMCSA has 

determined that this rule will not have 

substantial direct costs on or for States, 

nor will it limit the policymaking 

discretion of States. Nothing in this 

document preempts any State law or 

regulation. Therefore, this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

Federalism Impact Statement. 

H. Privacy 

Section 522 of title I of division H of 

the Consolidated Appropriations Act, 

2005 (Pub. L. 108–447, 118 Stat. 2809, 

3268, Dec. 8, 2004 (5 U.S.C. 552a note)), 

requires the Agency to conduct a 

privacy impact assessment of a 

regulation that will affect the privacy of 

individuals. Because this rule does not 

require the collection of personally 

identifiable information, the Agency is 

not required to conduct a privacy 

impact assessment. 

The Privacy Act (5 U.S.C. 552a) 

applies only to Federal agencies and any 

non-Federal agency that receives 

records contained in a system of records 

from a Federal agency for use in a 

matching program. 

The E-Government Act of 2002 (Pub. 

L. 107–347, sec. 208, 116 Stat. 2899, 

2921, Dec. 17, 2002), requires Federal 

agencies to conduct a privacy impact 

assessment for new or substantially 

changed technology that collects, 

maintains, or disseminates information 

in an identifiable form. No new or 

substantially changed technology will 

collect, maintain, or disseminate 

information as a result of this rule. 

Accordingly, FMCSA has not conducted 

a privacy impact assessment. 

I. E.O. 13175 (Indian Tribal 

Governments) 

This rule does not have Tribal 

implications under E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, because it 

does not have a substantial direct effect 

on one or more Indian Tribes, on the 

relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the Federal 

Government and Indian Tribes. 

J. National Environmental Policy Act of 

1969 

FMCSA analyzed this rule pursuant to 

the National Environmental Policy Act 

of 1969 (42 U.S.C. 4321 et seq.) and 

determined this action is categorically 

excluded from further analysis and 

documentation in an environmental 

assessment or environmental impact 

statement under FMCSA Order 5610.1 

(69 FR 9680 (Mar. 1, 2004)), Appendix 

2, paragraph 6.b and c. These 

Categorical Exclusions address technical 

amendments and other minor 

amendments such as those found in this 

rulemaking, as well as regulations 

concerning internal agency functions, 

organization or personnel 

administration. Therefore, preparation 

of an environmental assessment or 

environmental impact statement is not 

necessary. 

List of Subjects 

49 CFR Part 325 

Motor carriers, Noise control. 

49 CFR Part 365 

Administrative practice and 

procedure, Brokers, Buses, Freight 

forwarders, Maritime carriers, Mexico, 

Motor carriers, Moving of household 

goods. 

49 CFR Part 368 

Administrative practice and 

procedure, Mexico, Motor carriers. 

49 CFR Part 369 

Motor carriers, Reporting and 

recordkeeping requirements. 

49 CFR Part 371 

Brokers, Motor carriers, Reporting and 

recordkeeping requirements. 

49 CFR Part 375 

Advertising, Consumer protection, 

Freight, Highways and roads, Insurance, 

Motor carriers, Moving of household 

goods, Reporting and recordkeeping 

requirements. 

49 CFR Part 378 

Freight forwarders, Investigations, 

Motor carriers, Moving of household 

goods. 

49 CFR Part 381 

Motor carriers. 

49 CFR Part 382 

Administrative practice and 

procedure, Alcohol abuse, Drug abuse, 

Drug testing, Highway safety, Motor 

carriers, Penalties, Safety, 

Transportation. 

49 CFR Part 383 

Administrative practice and 

procedure, Alcohol abuse, Drug abuse, 

Drug testing, Highway safety, Motor 

carriers, Penalties, Safety, 

Transportation. 

49 CFR Part 384 

Administrative practice and 

procedure, Alcohol abuse, Drug abuse, 

Highway safety, Motor carriers. 

49 CFR Part 385 

Administrative practice and 

procedure, Highway safety, Mexico, 

Motor carriers, Motor vehicle safety, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 386 

Administrative practice and 

procedure, Brokers, Freight forwarders, 

Hazardous materials transportation, 

Highway safety, Highways and roads, 

Motor carriers, Motor vehicle safety, 

Penalties. 

49 CFR Part 387 

Buses, Freight, Freight forwarders, 

Hazardous materials transportation, 

Highway safety, Insurance, 

Intergovernmental relations, Motor 

carriers, Motor vehicle safety, Moving of 

household goods, Penalties, Reporting 

and recordkeeping requirements, Surety 

bonds. 

49 CFR Part 389 

Administrative practice and 

procedure, Highway safety, Motor 

carriers, Motor vehicle safety. 

49 CFR Part 390 

Highway safety, Intermodal 

transportation, Motor carriers, Motor 

vehicle safety, Reporting and 

recordkeeping requirements. 


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49 CFR Part 391 

Alcohol abuse, Drug abuse, Drug 

testing, Highway safety, Motor carriers, 

Reporting and recordkeeping 

requirements, Safety, Transportation. 

49 CFR Part 395 

Highway safety, Motor carriers, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 396 

Highway safety, Motor carriers, Motor 

vehicle safety, Reporting and 

recordkeeping requirements. 

49 CFR Part 398 

Highway safety, Migrant labor, Motor 

carriers, Motor vehicle safety, Reporting 

and recordkeeping requirements. 

In consideration of the foregoing, 

FMCSA amends 49 CFR chapter III as 

set forth below: 

PART 325—COMPLIANCE WITH 

INTERSTATE MOTOR CARRIER NOISE 

EMISSION STANDARDS 

■ 1. The authority citation for part 325 

continues to read as follows: 

Authority: 42 U.S.C. 4917; 49 U.S.C. 301; 

and 49 CFR 1.87. 

■ 2. Amend § 325.13 by, in paragraph 

(a): 

■ a. Adding a heading; and 

■ b. Removing the words ‘‘appendix B 

to subchapter B’’ and adding in their 

place ‘‘appendix B to part 390 of this 

chapter’’. 

§ 325.13 Inspection and examination of 

motor vehicles. 

(a) Authority. * * * 

* * * * * 

Appendix A to Subchapter B of Chapter 

III [Removed] 

■ 3. Under the authority of 44 U.S.C. 

1505 and 1510, remove reserved 

appendix A to subchapter B of chapter 

III. 

Appendix B to Subchapter B of Chapter 

III [Redesignated as Appendix B to Part 

390] 

■ 4. Under the authority of 49 U.S.C. 

113, redesignate appendix B to 

subchapter B of chapter III as appendix 

B to part 390. 

Appendices C Through E to Subchapter 

B of Chapter III [Removed] 

■ 5. Under the authority of 44 U.S.C. 

1505 and 1510, remove reserved 

appendices C through E to subchapter B 

of chapter III. 

PART 365—RULES GOVERNING 

APPLICATIONS FOR OPERATING 

AUTHORITY 

■ 6. The authority citation for part 365 

continues to read as follows: 

Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 

13101, 13301, 13901–13906, 13908, 14708, 

31133, 31138, and 31144; 49 CFR 1.87. 

§ 365.105 [Amended] 

■ 7. Amend § 365.105 by: 

■ a. Lifting the suspension of the 

section; 

■ b. In paragraph (c), removing ‘‘Web 

site’’ and ‘‘http’’ and in their places 

adding ‘‘website’’ and ‘‘https’’, 

respectively; and 

■ c. Suspending the section indefinitely. 

§ 365.106T [Amended] 

■ 8. Amend § 365.106T by, in paragraph 

(c), removing ‘‘Web site’’ and ‘‘http’’ and 

in their places adding ‘‘website’’ and 

‘‘https’’, respectively. 

Subpart D [Suspension Lifted] 

■ 9. Lift the suspension of subpart D, 

consisting of §§ 365.401 through 

365.405. 

§§ 365.401, 365.403, and 365.405 

[Suspended] 

■ 10. Suspend §§ 365.401, 365.403, and 

365.405 indefinitely. 

§ 365.503 [Amended] 

■ 11. Amend § 365.503 by, in paragraph 

(d), removing ‘‘Web site’’ and ‘‘http’’ 

and in their places adding ‘‘website’’ 

and ‘‘https’’, respectively. 

PART 368—APPLICATION FOR A 

CERTIFICATE OF REGISTRATION TO 

OPERATE IN MUNICIPALITIES IN THE 

UNITED STATES ON THE UNITED 

STATES–MEXICO INTERNATIONAL 

BORDER OR WITHIN THE 

COMMERCIAL ZONES OF SUCH 

MUNICIPALITIES 

■ 12. The authority citation for part 368 

continues to read as follows: 

Authority: 49 U.S.C. 13301, 13902, 13908; 

Pub. L. 106–159, 113 Stat. 1748; and 49 CFR 

1.87. 

§ 368.3 [Amended] 

■ 13. Amend § 368.3 by: 

■ a. Lifting the suspension of the 

section; 

■ b. In paragraph (f), removing ‘‘Web 

site’’ and ‘‘http’’ and in their places 

adding ‘‘website’’ and ‘‘https’’, 

respectively; and 

■ c. Suspending the section indefinitely. 

§ 368.3–1T [Amended] 

■ 14. Amend § 368.3–1T by, in 

paragraph (c), removing ‘‘Web site’’ and 

‘‘http’’ and in their places adding 

‘‘website’’ and ‘‘https’’, respectively. 

§ 368.3T [Amended] 

■ 15. Amend § 368.3T by, in paragraph 

(f), removing ‘‘Web site’’ and ‘‘http’’ and 

in their places adding ‘‘website’’ and 

‘‘https’’, respectively. 

PART 369—REPORTS OF MOTOR 

CARRIERS 

■ 16. The authority citation for part 369 

continues to read as follows: 

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

§ 369.1 [Amended] 

■ 17. Amend § 369.1 by, in paragraph 

(b), removing ‘‘Web site’’ and ‘‘http’’ 

and in their places adding ‘‘website’’ 

and ‘‘https’’, respectively. 

PART 371—BROKERS OF PROPERTY 

■ 18. The authority citation for part 371 

continues to read as follows: 

Authority: 49 U.S.C. 13301, 13501, and 

14122; subtitle B, title IV of Pub. L. 109–59; 

and 49 CFR 1.87. 

§ 371.107 [Amended] 

■ 19. Amend § 371.107 by: 

■ a. Removing the words ‘‘Web site(s)’’ 

wherever they appear and in their place 

adding the word ‘‘website(s)’’; and 

■ b. In paragraph (e), removing ‘‘of this 

part’’. 

§ 371.111 [Amended] 

■ 20. Amend § 371.111 by, in paragraph 

(a)(1), removing the words ‘‘Web site’’ 

and in their place adding the word 

‘‘website’’. 

§ 371.117 [Amended] 

■ 21. Amend § 371.117 by, in paragraph 

(a), removing the words ‘‘Web site’’ and 

in their place adding the word 

‘‘website’’. 

PART 375—TRANSPORTATION OF 

HOUSEHOLD GOODS IN INTERSTATE 

COMMERCE; CONSUMER 

PROTECTION REGULATIONS 

■ 22. The authority citation for part 375 

continues to read as follows: 

Authority: 49 U.S.C. 13102, 13301, 13501, 

13704, 13707, 13902, 14104, 14706, 14708; 

subtitle B, title IV of Pub. L. 109–59; and 49 

CFR 1.87. 

§ 375.103 [Amended] 

■ 23. Amend § 375.103 by: 

■ a. In the definition of 

‘‘Advertisement’’, removing the words 


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‘‘Web site’’ and in their place adding the 

word ‘‘website’’; and 

■ b. In the definition of ‘‘Tariff’’, 

removing ‘‘§ 1312.3(a)’’ and adding in 

its place ‘‘§ 1310.3(a)’’. 

§ 375.213 [Amended] 

■ 24. Amend § 375.213 by, in paragraph 

(d), removing the words ‘‘Web site’’ and 

in their place adding the word 

‘‘website’’. 

■ 25. Amend § 375.403 by revising 

paragraph (a)(6)(ii) and the first 

sentence of paragraph (b) to read as 

follows: 

§ 375.403 How must I provide a binding 

estimate? 

(a) * * * 

(6) * * * 

(ii) Prepare a new binding estimate 

prior to loading. The new estimate must 

accurately list, in detail, the additional 

household goods or services included in 

the shipment. The new estimate must be 

signed by the individual shipper. You 

should maintain a record of the date, 

time, and manner that the new estimate 

was prepared. 

* * * * * 

(b) In accordance with § 375.401(b)(1), 

you may impose a charge for providing 

a written binding estimate. * * * 

* * * * * 

■ 26. Amend § 375.405 by revising 

paragraph (b)(7)(ii) to read as follows: 

§ 375.405 How must I provide a nonbinding estimate? 

* * * * * 

(b) * * * 

(7) * * * 

(ii) Prepare a new non-binding 

estimate which must be signed by the 

individual shipper. The new estimate 

must accurately list, in detail, the 

additional household goods or services 

included in the shipment. You should 

maintain a record of the date, time, and 

manner that the new estimate was 

prepared. 

* * * * * 

§ 375.505 [Amended] 

■ 27. Amend § 375.505 by, in paragraph 

(b)(4), removing the words ‘‘order for 

service’’ and in their place adding the 

words ‘‘bill of lading’’. 

PART 378—PROCEDURES 

GOVERNING THE PROCESSING, 

INVESTIGATION, AND DISPOSITION 

OF OVERCHARGE, DUPLICATE 

PAYMENT, OR OVERCOLLECTION 

CLAIMS 

■ 28. The authority citation for part 378 

continues to read as follows: 

Authority: 49 U.S.C. 13321, 14101, 14704 

and 14705; and 49 CFR 1.87. 

§ 378.2 [Amended] 

■ 29. Amend § 378.2 by, in paragraph 

(d), removing the words ‘‘United States 

Department of Transportation’s’’. 

PART 381—WAIVERS, EXEMPTIONS, 

AND PILOT PROGRAMS 

■ 30. The authority citation for part 381 

continues to read as follows: 

Authority: 49 U.S.C. 31136(e), 31315; and 

49 CFR 1.87. 

■ 31. Revise § 381.225 to read as 

follows: 

§ 381.225 Who should I contact if I have 

questions about the information I am 

required to submit to FMCSA or about the 

status of my request for a waiver? 

You should contact the Federal Motor 

Carrier Safety Administration, Office of 

Carrier, Driver & Vehicle Safety (MC– 

PS), 1200 New Jersey Ave. SE, 

Washington, DC 20590–0001. 

■ 32. Amend § 381.315 by revising the 

section heading, paragraph (b), and the 

first sentences of paragraphs (d)(1) and 

(2) to read as follows: 

§ 381.315 What will FMCSA do after the 

agency receives my application for an 

exemption? 

* * * * * 

(b) After a review of the comments 

received in response to the Federal 

Register notice described in paragraph 

(a) of this section, the Federal Motor 

Carrier Safety Administration will make 

a recommendation(s) to the 

Administrator either to grant or to deny 

the exemption. Notice of the 

Administrator’s decision will be 

published in the Federal Register. 

* * * * * 

(d) * * * 

(1) Interested parties may view the 

information contained in the docket by 

visiting Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Washington, DC 20590– 

0001. * * * 

(2) Internet users can access all 

information received by Dockets 

Operations, U.S. Department of 

Transportation by using the Federal 

Docket Management System using the 

uniform resources locator (URL): 

https://www.regulations.gov. * * * 

PART 382—CONTROLLED 

SUBSTANCES AND ALCOHOL USE 

AND TESTING 

■ 33. The authority citation for part 382 

continues to read as follows: 

Authority: 49 U.S.C. 31133, 31136, 31301 

et seq., 31502; sec. 32934 of Pub. L. 112–141, 

126 Stat. 405, 830; and 49 CFR 1.87. 

■ 34. Amend § 382.107 by removing the 

definition of ‘‘Consortium/Third party 

administrator’’ and adding in its place 

the definition of ‘‘Consortium/Thirdparty administrator’’ to read as follows: 

§ 382.107 Definitions. 

* * * * * 

Consortium/Third-party administrator 

(C/TPA) means a service agent that 

provides or coordinates one or more 

drug and/or alcohol testing services to 

DOT-regulated employers. C/TPAs 

typically provide or coordinate the 

provision of a number of such services 

and perform administrative tasks 

concerning the operation of the 

employers’ drug and alcohol testing 

programs. This term includes, but is not 

limited to, groups of employers who 

join together to administer, as a single 

entity, the DOT drug and alcohol testing 

programs of its members (e.g., having a 

combined random testing pool). C/TPAs 

are not ‘‘employers’’ for purposes of this 

part, except as provided in § 382.705(c). 

* * * * * 

§ 382.213 [Amended] 

■ 35. Amend § 382.213 by: 

■ a. In paragraph (b), removing the 

words ‘‘pursuant to the instructions of 

a licensed medical practitioner’’ and in 

their place adding the words 

‘‘prescribed by a licensed medical 

practitioner’’; and 

■ b. In paragraph (c): 

■ i. Adding the words ‘‘, as defined in 

§ 382.107,’’ after the words ‘‘controlled 

substance’’; and 

■ ii. Adding the words ‘‘, except when 

the use is prescribed by a licensed 

medical practitioner, as defined in 

§ 382.107, who is familiar with the 

driver’s medical history and has advised 

the driver that the substance will not 

adversely affect the driver’s ability to 

safely operate a commercial motor 

vehicle’’ to the end of the paragraph. 

§ 382.217 [Amended] 

■ 36. Amend § 382.217 by, in paragraph 

(e)(3), adding the words ‘‘, except when 

the use is prescribed by a licensed 

medical practitioner who is familiar 

with the driver’s medical history and 

has advised the driver that the 

substance will not adversely affect the 

driver’s ability to safely operate a 

commercial motor vehicle’’ after the 

words ‘‘controlled substance’’. 

§ 382.401 [Amended] 

■ 37. Amend § 382.401 by, in paragraph 

(c)(6)(i), removing the words ‘‘third 


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party’’ and in their place adding the 

word ‘‘third-party’’. 

§ 382.403 [Amended] 

■ 38. Amend § 382.403 by, in paragraph 

(e), removing the words ‘‘Consortium/ 

Third party administrator’’ and in their 

place adding the words ‘‘Consortium/ 

Third-party administrator’’. 

§ 382.409 [Amended] 

■ 39. Amend § 382.409 by: 

■ a. Removing the words ‘‘consortium/ 

third party administrator’’ in each place 

they appear and in their place adding 

the words ‘‘consortium/third-party 

administrator’’; and 

■ b. Removing the words ‘‘third party 

administrator’’ in each place they 

appear and in their place adding the 

words ‘‘third-party administrator’’. 

§ 382.711 [Amended] 

■ 40. Amend § 382.711 by, in paragraph 

(d) introductory text, removing the 

words ‘‘consortium/third party 

administrator’’ and in their place adding 

the words ‘‘consortium/third-party 

administrator’’. 

PART 383—COMMERCIAL DRIVER’S 

LICENSE STANDARDS; 

REQUIREMENTS AND PENALTIES 

■ 41. The authority citation for part 383 

continues to read as follows: 

Authority: 49 U.S.C. 521, 31136, 31301 et 

seq., and 31502; secs. 214 and 215 of Pub. L. 

106–159, 113 Stat. 1748, 1766, 1767; sec. 

1012(b) of Pub. L. 107–56, 115 Stat. 272, 297, 

sec. 4140 of Pub. L. 109–59, 119 Stat. 1144, 

1746; sec. 32934 of Pub. L. 112–141, 126 Stat. 

405, 830; sec. 23019 of Pub. L. 117–58, 135 

Stat. 429, 777; and 49 CFR 1.87. 

§ 383.5 [Amended] 

■ 42. Amend § 383.5 by removing the 

words ‘‘Third party’’ and ‘‘third party’’ 

in each place they appear and in their 

places adding the words ‘‘Third-party’’ 

and ‘‘third-party’’, respectively. 

§ 383.25 [Amended] 

■ 43. Amend § 383.25 by, in paragraph 

(a)(1), adding the words ‘‘and is 

otherwise authorized to operate the 

CMV for that trip’’ after the words 

‘‘necessary to operate the CMV’’. 

§ 383.37 [Amended] 

■ 44. Amend § 383.37 by: 

■ a. In the introductory text, removing 

the words ‘‘he or she’’ and in their place 

adding the words ‘‘the employer’’; and 

■ b. In paragraph (d), removing the 

words ‘‘he/she is driving’’ and in their 

place adding the words ‘‘the driver is 

operating’’. 

■ 45. Amend § 383.75 by revising the 

section heading and paragraphs (a) 

introductory text, (a)(2) through (4), 

(a)(5) introductory text, (a)(5)(ii), (a)(6), 

(a)(8)(ii), (a)(8)(iii)(B), (a)(8)(iv) through 

(viii), (a)(8)(ix) introductory text, 

(a)(8)(ix)(A) through (C), (E), and (F), (b), 

and (c) to read as follows: 

§ 383.75 Third-party testing. 

(a) Third-party tests. A State may 

authorize a third-party tester to 

administer the skills tests as specified in 

subparts G and H of this part, if the 

following conditions are met: 

* * * * * 

(2) The State must conduct an on-site 

inspection of each third-party tester at 

least once every 2 years, with a focus on 

examiners with irregular results such as 

unusually high or low pass/fail rates; 

(3) The State must issue the thirdparty tester a CDL skills testing 

certificate upon the execution of a thirdparty skills testing agreement; 

(4) The State must issue each thirdparty CDL skills test examiner a skills 

testing certificate upon successful 

completion of a formal skills test 

examiner training course prescribed in 

§ 384.228 of this chapter; 

(5) The State must, at least once every 

2 years, do one of the following for each 

third-party examiner: 

* * * * * 

(ii) Have State employees co-score 

along with the third-party examiner 

during CDL skills tests to compare pass/ 

fail results; or 

* * * * * 

(6) The State must take prompt and 

appropriate remedial action against a 

third-party tester that fails to comply 

with State or Federal standards for the 

CDL testing program, or with any other 

terms of the third-party contract; 

* * * * * 

(8) * * * 

(ii) Require that all third-party skills 

test examiners meet the qualification 

and training standards of § 384.228 of 

this chapter; 

(iii) * * * 

(B) Have State employees co-score 

along with the third-party examiner 

during CDL skills tests to compare pass/ 

fail results; or 

* * * * * 

(iv) Reserve unto the State the right to 

take prompt and appropriate remedial 

action against a third-party tester that 

fails to comply with State or Federal 

standards for the CDL testing program, 

or with any other terms of the thirdparty contract; 

(v) Require the third-party tester to 

initiate and maintain a bond in an 

amount determined by the State to be 

sufficient to pay for re-testing drivers in 

the event that the third party or one or 

more of its examiners is involved in 

fraudulent activities related to 

conducting skills testing of applicants 

for a CDL. Exception: A third-party 

tester that is a government entity is not 

required to maintain a bond; 

(vi) Require the third-party tester to 

use only CDL skills examiners who have 

successfully completed a formal CDL 

skills test examiner training course as 

prescribed by the State and have been 

certified by the State as a CDL skills 

examiner qualified to administer CDL 

skills tests; 

(vii) Require the third-party tester to 

use designated road test routes that have 

been approved by the State; 

(viii) Require the third-party tester to 

submit a schedule of CDL skills testing 

appointments to the State no later than 

two business days prior to each test; and 

(ix) Require the third-party tester to 

maintain copies of the following records 

at its principal place of business: 

(A) A copy of the State certificate 

authorizing the third-party tester to 

administer a CDL skills testing program 

for the classes and types of commercial 

motor vehicles listed; 

(B) A copy of each third-party 

examiner’s State certificate authorizing 

the third-party examiner to administer 

CDL skills tests for the classes and types 

of commercial motor vehicles listed; 

(C) A copy of the current third-party 

agreement; 

* * * * * 

(E) A copy of the third-party tester’s 

State-approved road test route(s); and 

(F) A copy of each third-party 

examiner’s training record. 

(b) Proof of testing by a third party. 

The third-party tester must notify the 

State driver licensing agency through 

secure electronic means when a driver 

applicant passes skills tests 

administered by the third-party party 

tester. 

(c) Minimum number of tests 

conducted. The State must revoke the 

skills testing certification of any 

examiner who does not conduct skills 

test examinations of at least 10 different 

applicants per calendar year. Exception: 

Examiners who do not meet the 10-test 

minimum must either take the refresher 

training specified in § 384.228 of this 

chapter or have a State examiner ride 

along to observe the third-party 

examiner successfully administer at 

least one skills test. 

PART 384—STATE COMPLIANCE 

WITH COMMERCIAL DRIVER’S 

LICENSE PROGRAM 

■ 46. The authority citation for part 384 

continues to read as follows: 


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80182 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 

Authority: 49 U.S.C. 31136, 31301, et seq., 

and 31502; secs. 103 and 215 of Pub. L. 106– 

159, 113 Stat. 1748, 1753, 1767; sec. 32934 

of Pub. L. 112–141, 126 Stat. 405, 830; sec. 

5524 of Pub. L. 114–94, 129 Stat. 1312, 1560; 

and 49 CFR 1.87. 

■ 47. Amend § 384.208 by revising 

paragraph (a) to read as follows: 

§ 384.208 Notification of disqualification. 

(a) No later than 10 days after 

disqualifying a CLP or CDL holder 

licensed by another State or other 

jurisdiction of domicile, or disqualifying 

an out-of-State CLP or CDL holder’s 

privilege to operate a commercial motor 

vehicle for at least 60 days, the State 

must notify the State or jurisdiction that 

issued the license of the disqualification 

via CDLIS. 

* * * * * 

■ 48. Amend § 384.209 by revising 

paragraphs (a)(1) and (b)(2) to read as 

follows: 

§ 384.209 Notification of traffic violations. 

(a) * * * 

(1) Whenever a person who holds a 

CLP or CDL from another State or other 

jurisdiction of domicile is convicted of 

a violation of any State or local law 

relating to motor vehicle traffic control 

(other than parking, vehicle weight or 

vehicle defect violations), in any type of 

vehicle, the licensing entity of the State 

in which the conviction occurs must 

notify the licensing entity in the State or 

jurisdiction where the driver is licensed 

of this conviction within the time 

period established in paragraph (c) of 

this section. 

* * * * * 

(b) * * * 

(1) Whenever a person who does not 

hold a CDL, but who is licensed to drive 

by another State or other jurisdiction of 

domicile, is convicted of a violation in 

a CMV of any State or local law relating 

to motor vehicle traffic control (other 

than a parking violation), the licensing 

entity of the State in which the 

conviction occurs must notify the 

licensing entity in the State or 

jurisdiction where the driver is licensed 

of this conviction within the time 

period established in paragraph (c) of 

this section. 

* * * * * 

§ 384.228 [Amended] 

■ 49. Amend § 384.228 by removing the 

words ‘‘third party’’ in each place they 

appear and in their place adding the 

words ‘‘third-party’’. 

§ 384.229 [Amended] 

■ 50. Amend § 384.229 by removing the 

words ‘‘third party’’ in each place they 

appear and in their place adding the 

words ‘‘third-party’’. 

PART 385—SAFETY FITNESS 

PROCEDURES 

■ 51. The authority citation for part 385 

continues to read as follows: 

Authority: 49 U.S.C. 113, 504, 521(b), 

5105(d), 5109, 5113, 13901–13905, 13908, 

31135, 31136, 31144, 31148, 31151, 31502; 

sec. 113(a), Pub. L. 103–311, 108 Stat. 1673, 

1676; sec. 408, Pub. L. 104–88, 109 Stat. 803, 

958; sec. 350, Pub. L. 107–87, 115 Stat. 833, 

864; sec. 5205, Pub. L. 114–94, 129 Stat. 

1312, 1537; and 49 CFR 1.87. 

§ 385.305 [Amended] 

■ 52. Amend § 385.305 by: 

■ a. Lifting the suspension of the 

section; 

■ b. In paragraph (a), removing ‘‘Web 

site’’ and ‘‘http’’ and in their places 

adding ‘‘website’’ and ‘‘https’’, 

respectively; and 

■ c. Suspending the section indefinitely. 

§ 385.305T [Amended] 

■ 53. Amend § 385.305T by, in 

paragraph (a), removing the words ‘‘Web 

site’’ and in their place adding the word 

‘‘website’’. 

§ 385.603T [Amended] 

■ 54. Amend § 385.603T by, in 

paragraph (d), removing ‘‘Web site’’ and 

‘‘http’’ and in their places adding 

‘‘website’’ and ‘‘https’’, respectively. 

PART 386—RULES OF PRACTICE FOR 

FMCSA PROCEEDINGS 

■ 55. The authority citation for part 386 

continues to read as follows: 

Authority: 28 U.S.C. 2461 note; 49 U.S.C. 

113, 1301 note, 31306a; 49 U.S.C. chapters 5, 

51, 131–141, 145–149, 311, 313, and 315; and 

49 CFR 1.81, 1.87. 

■ 56. Amend part 386 by: 

■ a. In each section of the part, except 

§§ 386.1 and 386.2, removing the text 

‘‘Assistant Administrator’’ wherever it 

appears and adding in its place the text 

‘‘Agency Decisionmaker’’; 

■ b. In each section of the part, 

removing the text ‘‘Agency 

decisionmaker’’ wherever it appears and 

adding in its place the text ‘‘Agency 

Decisionmaker’’; and 

■ c. In each section of the part, 

removing the text ‘‘agency 

decisionmaker’’ wherever it appears and 

adding in its place the text ‘‘Agency 

Decisionmaker’’. 

§ 386.1 [Amended] 

■ 57. Amend § 386.1 by removing the 

words ‘‘Assistant Administrator, who 

also acts as the Chief Safety Officer of 

the Federal Motor Carrier Safety 

Administration,’’ and adding in their 

place the words ‘‘Agency 

Decisionmaker’’. 

■ 58. Amend § 386.2 by: 

■ a. Revising the definition of ‘‘Agency 

Decisionmaker’’; 

■ b. Removing the definition of 

‘‘Assistant Administrator’’; and 

■ c. In the definition of ‘‘Final Agency 

Order’’, removing ‘‘appropriate Field 

Administrator (for default judgments 

under § 386.14) or the Assistant 

Administrator,’’, ‘‘386.22’’, and 

‘‘386.61’’ and in their places adding 

‘‘Agency Decisionmaker’’, ‘‘§ 386.22’’, 

and ‘‘§ 386.61’’, respectively. 

The revision reads as follows: 

§ 386.2 Definitions. 

* * * * * 

Agency Decisionmaker means the 

FMCSA official authorized to issue a 

final decision and order of the Agency 

in an administrative proceeding under 

this part. The Agency Decisionmaker is 

an FMCSA official appointed by the 

President or otherwise duly authorized. 

* * * * * 

§ 386.3 [Amended] 

■ 59. Amend § 386.3 by, in paragraph 

(e), removing the words ‘‘agency 

decisionmakers’’ and in their place 

adding the words ‘‘Agency 

Decisionmakers’’. 

§ 386.12 [Amended] 

■ 60. Amend § 386.12 by removing ‘‘1– 

800–DOT–SAFT (1–800–368–7238)’’ in 

each place that it appears and in its 

place adding ‘‘1–888–DOT–SAFT (1– 

888–368–7238)’’. 

§ 386.14 [Amended] 

■ 61. Amend § 386.14 by: 

■ a. In paragraph (c)(1): 

■ i. Removing ‘‘paragraph (a)’’ and in its 

place adding ‘‘paragraph (a) of this 

section’’; and 

■ ii. Removing the words ‘‘Final Agency 

Order’’ in each place that they appear 

and in their place adding the words 

‘‘Final Order’’; 

■ b. In paragraph (c)(2), removing the 

words ‘‘Final Agency Order’’ and in 

their place adding the words ‘‘Final 

Order’’; and 

■ c. In paragraph (c)(3): 

■ i. Adding the words ‘‘Final Order that 

has become a’’ before the words ‘‘Final 

Agency Order’’; and 

■ ii. Removing ‘‘Subpart’’ and adding in 

its place ‘‘subpart’’. 

§ 386.16 [Amended] 

■ 62. Amend § 386.16 by: 

■ a. Removing the words ‘‘Final Agency 

Order’’ in each place that they appear 


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and in their place adding the words 

‘‘Final Order’’; and 

■ b. In paragraph (a)(5), removing the 

words ‘‘and order’’. 

§ 386.31 [Amended] 

■ 63. Amend § 386.31 by: 

■ a. Removing the words ‘‘Final Agency 

Order’’ and in their place adding the 

words ‘‘Final Order’’; and 

■ b. Removing ‘‘of this part’’. 

§ 386.36 [Amended] 

■ 64. Amend § 386.36 by removing the 

words ‘‘final agency order’’ and ‘‘Final 

Agency Order’’ and in their places 

adding the words ‘‘Final Order’’. 

§ 386.61 [Amended] 

■ 65. Amend § 386.61 by, in paragraph 

(b), removing the words ‘‘Final Agency 

Order’’ and in their place adding the 

words ‘‘Final Order’’. 

§ 386.64 [Amended] 

■ 66. Amend § 386.64 by: 

■ a. In paragraph (a), removing the 

words ‘‘Final Agency Order’’ and in 

their place adding the words ‘‘Final 

Order’’; and 

■ b. In paragraph (b), removing the 

words ‘‘Final Agency Order’’ in each 

place that they appear and in their place 

adding the words ‘‘Final Order’’. 

PART 387—MINIMUM LEVELS OF 

FINANCIAL RESPONSIBILITY FOR 

MOTOR CARRIERS 

■ 67. The authority citation for part 387 

continues to read as follows: 

Authority: 49 U.S.C. 13101, 13301, 13906, 

13908, 14701, 31138, 31139; sec. 204(a), Pub. 

L. 104–88, 109 Stat. 803, 941; and 49 CFR 

1.87. 

■ 68. In § 387.9, amend table 1 by 

revising entry (2) to read as follows: 

§ 387.9 Financial responsibility, minimum 

levels. 

* * * * * 

TABLE 1 TO § 387.9—SCHEDULE OF LIMITS—PUBLIC LIABILITY

Type of carriage Commodity transported January 1, 

1985 

*******

(2) For-hire and Private (In interstate, foreign, or intrastate commerce, with a 

gross vehicle weight rating of 10,001 or 

more pounds).

Hazardous substances, as defined in 49 CFR 171.8, transported in bulk in cargo 

tanks, portable tanks, or hopper-type vehicles with capacities in bulk; in bulk Division 1.1, 1.2 or 1.3 materials; in bulk Division 2.3, Hazard Zone A material; in 

bulk Division 6.1, Packing Group I, Hazard Zone A material; in bulk Division 2.1 

or 2.2 material; or highway route controlled quantities of a Class 7 material, as 

defined in 49 CFR 173.403.

5,000,000 

* * * * * * * 

PART 389—RULEMAKING 

PROCEDURES—FEDERAL MOTOR 

CARRIER SAFETY REGULATIONS 

■ 69. The authority citation for part 389 

continues to read as follows: 

Authority: 49 U.S.C. 113, 501 et seq., 

subchapters I and III of chapter 311, chapter 

313, and 31502; sec. 5204 of Pub. L. 114–94, 

129 Stat. 1312, 1536; 42 U.S.C. 4917; and 49 

CFR 1.87. 

§ 389.3 [Amended] 

■ 70. Amend § 389.3 by, in the 

definition of ‘‘Act’’, adding the words 

‘‘or commercial activity’’ after the words 

‘‘motor carrier safety’’. 

§ 389.5 [Amended] 

■ 71. Amend § 389.5 by, in paragraph 

(b)(2), removing ‘‘Web site’’ and ‘‘http’’ 

and in their places adding ‘‘website’’ 

and ‘‘https’’, respectively. 

§ 389.31 [Amended] 

■ 72. Amend § 389.31 by, in paragraph 

(b)(1), removing the address 

‘‘www.FMCSA.gov’’ and in its place 

adding the address 

‘‘www.FMCSA.dot.gov’’. 

PART 390—FEDERAL MOTOR 

CARRIER SAFETY REGULATIONS; 

GENERAL 

■ 73. The authority citation for part 390 

continues to read as follows: 

Authority: 49 U.S.C. 113, 504, 508, 31132, 

31133, 31134, 31136, 31137, 31144, 31149, 

31151, 31502; sec. 114, Pub. L. 103–311, 108 

Stat. 1673, 1677; secs. 212 and 217, Pub. L. 

106–159, 113 Stat. 1748, 1766, 1767; sec. 229, 

Pub. L. 106–159 (as added and transferred by 

sec. 4115 and amended by secs. 4130–4132, 

Pub. L. 109–59, 119 Stat. 1144, 1726, 1743, 

1744), 113 Stat. 1748, 1773; sec. 4136, Pub. 

L. 109–59, 119 Stat. 1144, 1745; secs. 

32101(d) and 32934, Pub. L. 112–141, 126 

Stat. 405, 778, 830; sec. 2, Pub. L. 113–125, 

128 Stat. 1388; secs. 5403, 5518, and 5524, 

Pub. L. 114–94, 129 Stat. 1312, 1548, 1558, 

1560; sec. 2, Pub. L. 115–105, 131 Stat. 2263; 

and 49 CFR 1.81, 1.81a, 1.87. 

■ 74. Amend § 390.5 by: 

■ a. Lifting the suspension of the 

section; 

■ b. Revising the definitions for 

‘‘Employer’’, ‘‘Medical variance’’, and 

‘‘Special agent’’; and 

■ c. Suspending the section indefinitely. 

The revisions read as follows: 

§ 390.5 Definitions. 

* * * * * 

Employer means any person engaged 

in a business affecting interstate 

commerce who owns or leases a 

commercial motor vehicle in connection 

with that business, or assigns employees 

to operate it, but such term does not 

include the United States, any State, any 

political subdivision of a State, or an 

agency established under a compact 

between States approved by the 

Congress of the United States. 

* * * * * 

Medical variance means a driver has 

received one of the following from 

FMCSA that allows the driver to be 

issued a medical certificate: 

(1) An exemption letter permitting 

operation of a commercial motor vehicle 

pursuant to part 381, subpart C, of this 

chapter; or 

(2) A skill performance evaluation 

certificate permitting operation of a 

commercial motor vehicle pursuant to 

§ 391.49 of this chapter. 

* * * * * 

Special agent. See appendix B to this 

part. 

* * * * * 

■ 75. Amend § 390.5T by revising the 

definitions for ‘‘Employer’’, ‘‘Medical 

variance’’, and ‘‘Special agent’’ to read 

as follows: 

390.5T Definitions. 

* * * * * 

Employer means any person engaged 

in a business affecting interstate 


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80184 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 

commerce who owns or leases a 

commercial motor vehicle in connection 

with that business, or assigns employees 

to operate it, but such term does not 

include the United States, any State, any 

political subdivision of a State, or an 

agency established under a compact 

between States approved by the 

Congress of the United States. 

* * * * * 

Medical variance means a driver has 

received one of the following from 

FMCSA that allows the driver to be 

issued a medical certificate: 

(1) An exemption letter permitting 

operation of a commercial motor vehicle 

pursuant to part 381, subpart C, of this 

chapter; or 

(2) A skill performance evaluation 

certificate permitting operation of a 

commercial motor vehicle pursuant to 

§ 391.49 of this chapter. 

* * * * * 

Special agent. See appendix B to this 

part. 

* * * * * 

§ 390.15 [Amended] 

■ 76. Amend § 390.15 by, in paragraph 

(a)(1), removing the words ‘‘third party’’ 

and in their place adding the words 

‘‘third-party’’. 

§ 390.19 [Amended] 

■ 77. Amend § 390.19 by: 

■ a. Lifting the suspension of the 

section; 

■ b. In paragraphs (c) and (d), removing 

the words ‘‘Web site’’ and in their place 

adding the word ‘‘website’’; 

■ c. In paragraph (c), removing ‘‘http’’ 

and in its place adding ‘‘https’’; and 

■ d. Suspending the section 

indefinitely. 

§ 390.19T [Amended] 

■ 78. Amend § 390.19T by: 

■ a. In paragraphs (c) and (d), removing 

the words ‘‘Web site’’ and in their place 

adding the word ‘‘website’’; and 

■ b. In paragraph (c), removing ‘‘http’’ 

and in its place adding ‘‘https’’. 

§ 390.25 [Amended] 

■ 79. Amend § 390.25 by, in the last 

sentence, removing the words ‘‘he or 

she’’ and adding the word ‘‘it’’ in their 

place. 

■ 80. Amend § 390.27 by, in the table, 

revising the entry for ‘‘Southern’’ to read 

as follows: 

§ 390.27 Locations of motor carrier safety 

service centers. 

Service center Territory included Location of office 

*******

Southern ................................................. Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, 

Mississippi, North Carolina, Oklahoma, South Carolina, 

Tennessee.

61 Forsyth Street SW, Suite 3M40, Atlanta, GA 30303. 

* * * * * * * 

* * * * * 

Subpart E [Suspension Lifted] 

■ 81. Lift the suspension of subpart E, 

consisting of §§ 390.201 through 

390.209. 

§ 390.200T [Amended] 

■ 82. Amend § 390.200T by, in 

paragraph (b), removing ‘‘Web site’’ and 

‘‘http’’ and in their places adding 

‘‘website’’ and ‘‘https’’, respectively. 

§ 390.201 [Amended] 

■ 83. Amend § 390.201 by, in 

paragraphs (e) and (f), removing ‘‘Web 

site’’ and ‘‘http’’ and in their places 

adding ‘‘website’’ and ‘‘https’’, 

respectively. 

§§ 390.201 through 390.209 [Suspended] 

■ 84. Suspend §§ 390.201 through 

390.209 indefinitely. 

PART 391—QUALIFICATIONS OF 

DRIVERS AND LONGER 

COMBINATION VEHICLE (LCV) 

DRIVER INSTRUCTORS 

■ 85. The authority citation for part 391 

continues to read as follows: 

Authority: 49 U.S.C. 504, 508, 31133, 

31136, 31149, 31502; sec. 4007(b), Pub. L. 

102–240, 105 Stat. 1914, 2152; sec. 114, Pub. 

L. 103–311, 108 Stat. 1673, 1677; sec. 215, 

Pub. L. 106–159, 113 Stat. 1748, 1767; sec. 

32934, Pub. L. 112–141, 126 Stat. 405, 830; 

secs. 5403 and 5524, Pub. L. 114–94, 129 

Stat. 1312, 1548, 1560; sec. 2, Pub. L. 115– 

105, 131 Stat. 2263; and 49 CFR 1.87. 

■ 86. Amend § 391.23 by revising 

paragraph (a)(1) to read as follows: 

§ 391.23 Investigation and inquiries. 

(a) * * * 

(1) An inquiry, within 30 days of the 

date the driver’s employment begins, to 

each State where the driver held or 

holds a motor vehicle operator’s license 

or permit during the preceding 3 years, 

to obtain that driver’s motor vehicle 

record covering that driver’s prior 3-year 

driving history. 

* * * * * 

§ 391.43 [Amended] 

■ 87. Amend § 391.43 by: 

■ a. Removing and reserving paragraph 

(e); 

■ b. In paragraphs (g)(5)(i)(B) and 

(g)(5)(ii), removing the words ‘‘Web 

site’’ and in their place adding the word 

‘‘website’’; and 

■ c. In paragraph (g)(5)(i)(B), removing 

‘‘this subpart E’’ and in its place adding 

‘‘this subpart’’. 

■ 88. Effective January 16, 2024, further 

amend § 391.43 by revising paragraph (f) 

and (h) to read as follows: 

§ 391.43 Medical examination; certificate 

of physical examination. 

* * * * * 

(f) The medical examination shall be 

performed, and its results shall be 

recorded on the Medical Examination 

Report Form, MCSA–5875, set out in 

this paragraph (f): 

BILLING CODE 4910–EX–P 


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Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 80185 


khammond on DSKJM1Z7X2PROD with RULESER17NO23.000</GPH>

Fom,J\iCSll.'$875 

MEDICAL RECORD# 

SECIION1.Dnwtln(o~a1ionttorefflec/outbyt/iedrivel) forsficker} 

PERSONAL INFORMATION 

last Name: __________ ~ FllstN~rrte; ---~---- Mltk!le Initial; Date:of Birth; _______ /3⁄4le:_ 

0rivei'sLicenseNumber.. _____________ _ lssufn9State/Province: ____________ Phone; _____ _ 

E,Maif(bptirna~: ~--------------~--- CLP/CDI.Applfeant/Holder!: QYes Q.No 

Drivi;!t IQ Verified By'"':. _____________ _ 

f{as yciur USDOf,/Flv1CiSA)tiedlcal certificilte ever been den red or muect for 1$; thaif:Z:yeats? 0 Yes O NO O Not.sure: 

DRIVER HEALTH HISTORY 

Have yo;, ever had sy~iy? ff'yes{plea~ list.and ,rxplaln below. 

Are you currently takin9 medications (prescription, overcthe.counter,lierbal remedies, diet supplements)? 

lflly:es: please describe below, 

ova 0No ONotSure 

(Attach ac/ditionalsheets.ifnec~ssary) 

**Thts,dOCumenlcontaihs sensitive inform,atlon and i~ for-offici~I use only. lmprQper handling pf~his informadon ~ouJd negatively-affect individuals. Handle and Secure thiS' 

irtforrh'ation appropriately to preventlnadvertent disclosure by keeping the documents under the control of a uth6riZE!dpersons; Properltdispose of this docutnent when 

no longer requited to he: tnai ntained by r¢gu14to ry reqwretnents:''" 
80186 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 


khammond on DSKJM1Z7X2PROD with RULESER17NO23.001</GPH>

Fori11l\lCSA-58J$ I last Nam ... , FirstNamet 

DRIVER HEALTH HISTORY C C 

Doyouha11nr li~you everliaid: 

J. f-l~d/brain irij~rres oriU)1es$esJe,g., too,:;ussidh) 

2. Seizutes/epiiepsy 

,1; Eye problems (e,cc~pt gfasseswcontacts) 

4. Ear-andforhearihg problems 

Ji. Heart dise~e, heart atta<::k, bypass, or other hea.rt 

prob~ms 

6: Pacemakel; stent,;, lmplantal:ile clevkes, or otMr hea tt 

prbcedu:res 

7. H lgh blood pressure 

it. l-ligh cbolestercil 

9; Ch'f<>riic {\<ing-~erm) c<iugii; shcttness of breath, or 

other breathing prcblems· 

lll. tung diseaseJM~ astilma/ 

11. Kidney problems, kidn!!ystones, 1>rpaln/problems 

With urination 

12; Stomach, Jlver;. or digestivirproblems 

13:. Diabetesorblood.sug;trproblems 

Insulinuse<l 

14. Anxiety, depressloh, henlousness, othermentai health 

problems 

1 s. Fainting or passing out 

Other health condition(,) not des<ritled abov~ 

Not 

Yes No sure 

000 

0 0 0 

0 Q 0 

00 0 

0 0 0 

00 0 

000 

0 0 0 

000 

(). 0 0 

0 0 0 

000 

0 0 0 

000 

0 0 0 

0 0 0 

OMBNo,,2126~00.6 

DOB: Exam Date: 

16. Dlzzlnes,;,.headaches;numbness, tinglihg; or memory l<isS: • 

17; Unexplained weight loss 

Ill': Stroke, min I-stroke (Tll\)1.para~ls, or weakn'eSs 

f!i. l'!\issjng or limited use of arm, hand, finger,leg,Joot, toe 

20. Neck:or baclfprob!ems 

21. Boni;!; ri\usi:le,Ji:,int, or nerw ptoblemt. 

22. Bloo.ddotsot;blel!Qingproblems 

2'.>. Cancer 

24.. Chronic {long-term) infection or'other chronic diseases 

25, Sleep disoft!ers, l)auses in breathing'li:hif& aslee1>, 

daytimesleepines,;, loud.snoring 

26., Have yi>t) eve'r had a sleeptest /e.g. sleepfipireal? 

27: Have.you eyer •Relit a night iri the lfuspi):al? 

28. Havecyou ev\irhada brof«,nbone? 

29; Havayouevecrused or do.you now u~etcbaccb? 

·3o. Do you cummtlydrinkalcohol?' 

31. Have}'Oii usedanilf&gal substancewltf,lnthei:,ast 

twoyears? 

32, Have you everfailed a dtug test bf been dep!!nd!!ht 

dn an it)egal substanc:e? 

Not 

Yes NCJ.5\1~ 

0 0 0 

0 0 0 

0 0 0 

0 0 0 

0 0 0 

0 0 0 

0 0 0 

0 0 0 

0 0 a 

0 0 0 

0 0 0 

0 0 0 

0 0 0 

0 0 0 

0 0 0 

0 0 0 

0 0 0 

Did you answer"yes'tc,my of:questton,; 1-32? If so, plilasecomment furtheronthQse health conditions below: Q Yes O No Q Not Sure 

CMV DRIVER'S SIGNATURE 

I certlfythatth.,.above.,nfcrmatlon isaccurat.,.andcomplete. 1:understand that Inaccurate, false or mlsslng:informatlor1may Jrtvalidate theexaminatk,n 

and my Mi!dical E!rariliners C:i!lj:i!ltate, that sub)lll?;siQn eff:tilud ulentor intentiOhall)(.false ltiformatlo.n isa 1/ioJatiQn .of 49 Cfl'.!3;!035; ahdthatsubmi$$1on 

of fraudulent or intentionallyfalseinformatlon may: subject me to civil orcrimlnal penalties:underA!ICFlt:390;3:7 and~A:ppendttesl!.and B .. 

Driver's Signature: __________________ Date: ___________ _ 

SECTION 2. Elliamiriation Report (to be tilled out by the meditaf examiner) 

DRIVER HEALTH HISTORY REVIEW 

lleview·anddisaJ,s pertinentdiiver answers andanyavailable medical records, wmment<>n th~drivdsre,ponses to the 'health 1,istory'questions that mayaffectth~ 

driver's sa(eop~ation .of a commercial motor vehicle (CMV); 

£Attach at/ditionalsheetsifneces,ary) 
Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 80187 


khammond on DSKJM1Z7X2PROD with RULESER17NO23.002</GPH>

Fom:rll!CSA•S875 

f last Name: 

TESTING 

Pulserhy:thmtegulat; 0 Yes O No 

Sltt1ng 

secotii;I i'!!adlng 

(opliona/) 

Othettesting if incfkatll(I 

it11lort 

orastork 

'Stam:fari/Jsat /eas/2()/40. acuity{'ine/Jen)ine11ch eye.with or without correction; 

;/\tleastlQ0 ~eidof vision in holitontalm.eridian rne/1$ure4in,aclreye. Theuse,if 

carrectivelensltS slioufd:benoted•on theMedicaf &.aminets Cer,ificate 

Acui'T ·uncc:>rre~ted :Corrected 1-!orlzontal Field.ofVisic:>11' 

Right Eye: 

LeftEye: 

Both Eyes: 

2Di __ 

20)_ 

2Qf __ 

20/ __ 

201 __ 

20) __ , 

l\i,iht Eye: __ degrees 

Left Eye;. __ degrees 

Yes No 

Applicant ~an recognfzeand distinguish among traffkconttol 

·signolsand devici;s.sho'<!lfng red, green, and amber ~olors 

00 

Monocularvision O Q 

Refer~ t0:nphthalmotogist on>ptometrist? 0 0 

Received documentation from ophthalmologist or optometrist?. 0 Q 

PHYSICAL EXAMINATION 

001!: 

Urlnaf)f!;is is·required. I 

Numerical readings 

must be r~orded, 

E'xam Date: 

I I 

Protein, b/oae:J, at sugar In the urine maybe an lndkationforfurther tesffng:to 

rttle out anyunderlyingdnedica/pmb/em. 

Hl!aring 

Standard, Musti/rst perceive whisperecfvoiceatnot less rtiqn ,feet OR average 

hearing loss of less then or equal l!:J401i8, ill bettet:ear(withw'Wi!hout hearing aid), 

l:hedtifhe;iring aid used fqrt!!st: D Right Ear D Left Ear D N.eij:her 

Whisperlj,stRe,idts Right Ear Left Ear 

Record di,tance On fieet)m>m driver atwhiclt afbrced 

wnispered voii:e clinnrst b;, heard 

OR 

Audil,metrieTfft Results 

Right Ear. 

500Hz .10001-!z 2000 Hz 

Average (rightY: 

Left Ear; 

500Hz 1000 Hz 2000 Hz 

Av,erage (li!ft); 

ThE> pr-nee of a certain<:ondltion may. not necessarHydisquallfp driver,. partkulariy: lfthe condition is .controlled adequately, i!<.not likely to 

wors1~n,l)ris readily ~1)1e!iabtetotreattl\ent. Even if a.~011d1tlortdoes./\Qtdisq\lalifyll dJiver, the .Meilrta! Exall'.liner may,onj;j(ler(leferrJng the a.r~r 

temporarily. Afso; the driver should be adylsed·to.take toe necessary steps to correctthecondition.as.soon as posslble, particularly if neglecting.the 

condition c<:luld ("suit in a mori; $erious1llness that rt1Jght affect driving, 

Chee!< the body ~stems; for abnormafltles. 

l!{ldy SY,~ln 

LGeneral 

2.Skln 

3.E~ 

>I.Ears 

S. Mouth/throat 

&.Cardiovascular 

7. lungsli:hest 

Normal 

0 

Q 

0 

a 

Q 

0 

0 

Abrtormai 

0 

Q 

8 

Q. 

Q 

Q 

l!ody .S,Stem 

$;Abdomen 

9. (IenitQ:-4rlnary.~em lncf4dlng hernia" 

Hl. Badyspine 

11, ~ri;mities/joints 

12, Neurological system lrtthJdfng rellexes 

13.Gait 

14,Vascularsystem 

Discuss anyabnormaf answers in detaj/.in the,pace below and indieate Whether it would affect the driVer's ability to operate a tMV. 

Enter applieatite ifem number tie fore each cQfTJIT)ent. 

NOrrtta1 

0 

Q 

8 

Q 

0 

0 

Abnormal 

0 

0 

Q 

0 

0 

Q 

Q 

V\ttach addition11/shei/tS (ifetessary) 
80188 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 


khammond on DSKJM1Z7X2PROD with RULESER17NO23.003</GPH> ER17NO23.004</GPH>

1 L.astName, First Na me: boil: Eleam Date: 

MEDICAL EXAMINER DETERMINATION (Fede,al) 

~tbissectioo fpr~~tians~~ln-ida001wil1, t/l,!;fulet,;,f~to,(!;irri,,.~Regu~{4!itffi3'9i,41-:i9/,49/: 

() Does no.tmaitstah4ards (spec/fy/iriso/,/: ---------------------------------

0 Meets.standards1n4!1ld'R•.$iL41.,qualifies for il'Yearcertlli cate 

0 Meetsstandards,\:>utperk:\dlc monitQring req!Jired (spedfyreasonh ________________________ _ 

Drlverquallfiedfur: .03months Oemont1-ts Olyear Oother{spedljr!,. _________ _ 

Wearing torn!ctive lenses< D Wearing heatinS: aid D Accompanied b,il a waiver/exemption (spedfj typer, _________ _ 

0 AttornpaoiedbyaSkill Perfqrmance Evalll<!tiort{SPf).Certtf\ca~ 

0 ClrivingWithin an ¢tempt r nttl\c{fytone (S~e49Cffl39lMJ(R!derl11) 

0.Determinatipn pending (spec!fyreoson), ---------------------------------

□ Return to medical exam oflkefotfollow-upof\ /must be45daysorles,/: ________ ~ 

0 Medical Examination R<eport.rm<end<ed(specily'reascm): ---~--------------~---------

/if am.ended} Medica!ExamlnertSi9.nat1.1re: ~---------- Date: ________ _ 

Olncompleieexaminatlon (spei;iljireason): --------------------~------------

! lftlll .4friver meets t11e~111n"8N& o)Itllned lrt49J;l'U.nA11 tb!!n compltt1¥a'1\edla1I EJCa111!11e.~ Cerif a1te•slated l1149011'.l9f.43fl!},.asa1J11ropriate, 

I h.iwi,erformedthtsevaluation for certffi~tlon, I have petsonally reviewed all awiila'bli, n!cOrdnnd tecorded information pertaihinS to this 

evaluation, and attest that, to the best of my knowledge,.] believe it to bet.rueand correct. 

Medlc,1l·Exarriio<et's:.Si9rrature: -~---------~~~--~---

MedicalExarriinei's Name{j,kas:epriiih,,f:fPB): ___________________ _ 

MedkalExarriiner'sAddr,e,;s: _______________ .(Jty; ________ Stat<e: ___ . Zlp:Gode: ___ _ 

11\edi.cal Examlner'sTelephtinE/Number: i::>~te<en.ftfoateSigned: _____________ _ 

Medical ExamJf\er'sState.J..i<:eh$e. C,;rtiftcate,.orRegisttat!QnNurnb~ --~-----~-------- 1$5Ulng.Sta!l!: ___ . 

0 MD O 00 0 Physiela/t A~stilnt O C:hitoprj!dot t] Advanced Pr«ctic<e Nurse 

0 Other Rtaditioheifspe{;i/j;)i -------------~----

Nationa!Re~fstryl\lumber. ___________ _ Medical Examlner~Ciarti\kateExplratlon tiate: ._I ____ -'-_. 1 

I LastName: ______ ~-~-- FlrstName:~---~~-~ 

MEDICAL EXAMINER DETERMINATION 1Statel 

fJsethis~R,reil:amltrat~peffi>rrmtllnstxi>J!'l-w,tt,•~MaM<2mrkr~li~afiffilmS:(ll9CfR391 AJ,~91."9twithanyapp/ii:al:ife,Stiltlt 

VQtfancu /whil:h wiil Mfy.b.evalii:ffRr /l'ltl"~te qpe~<1.tiQrl$J; 

0 Do<es nottneetS'tandards ln49CPR~9l.41with a'nyappllcable Starevaiiantes (specifyroosoh): ~---------------

() Meets stand;;ttds in4llCFf!$%41 with.anyappltcable.St;ite:varlances 

() M<eetsstlthdards,but.perllldic mooitorl.119.requited (specif,i.re11fon): ·~------------------------

Drivkquali!ied for.; 0 3 months Op rriortths O 1 }'!lat Ooth~($pei:ity); ---------

□ Wearing conective lenses D Weadng hearing<1ld O Ac~ompan\ed by a,waiver/exemptipnfspe,;i;y type): ________ _ 

0 Accompanied by a Ski ii Perforroanc<e Evaluation '(SPE)tert\fkate. Oiitandfathefl!d from State requirements (State) 

I lflhe tlrlver meets lite standards outftned ln4'J;Fll'l91;41, wlthappDcable State variances, thencompleteaMetllcaf El!fflllner~ Cerfflicale,asappfOllriale. J 

I have performed this evaluation for certification. I halle personally reviewe<lallavailablerecords:and recorde,;ilnformationpertalning to this 

evalμ~tion, and attest that, tothe:best 9f my knowledge,! .believe itto bei:rue and toi'r~t 

MeditafExatniner'/;SlS:f\ature: ---~-----~----------

MJ!C(ical ExamIr1er's. NameJp/i'!asefJrlhfllr!JiPe}: ___________________ _ 

MedkalExaminer's.Addre~: --------------~ City:. ________ Sfate: ___ ZipCode: ___ _ 

Medica(Examiner'sTelephonel'kumber: Date tertific;ite$lgned: ____________ _ 

M<edical Exanilrter'sStat<e Lfcens~,C.,;rtificate;or RegistratiPh Number{~----------------lssulngState: ___ . -· 

0 Mb Qoo D Physio"an Assistant □ Chiropractor Advanced Practice Nurse 

0 Otherl'ra.ctitloner{,,:,ecifyJ; _________________ _ 

N~tionalRegi~ryllturnl:ier: ___________ _ M\!dical Exariiihl!f's.(et!J!itat<e Expiration Date: l 
Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 80189 


khammond on DSKJM1Z7X2PROD with RULESER17NO23.005</GPH>

fnstrUcdonS.,MCSA,..SSlS: 

Instructions for Completing the Medictl Examination Report Form (MCSA-5815) 

I, Step-By-Step lns,:ructlons 

Driver: 

Section 1: Driver Information: 

• Personal lnfe>rm.-tlon: Please complete this section using your name as written on your driver's license, 

your current address and phone number, your date of birth, age, driver's license number and issuing state. 

0 C:LP/CDL Appllcant/Holder;Check «yes" If you are a commerdal learner's permit (CLP) or commercial 

driver's I icense (CDL) holder, or a.re applying for a CLP or CDL. CDL means a 1 icense issued by a State 

or the District of Columbia which authorizes the individual toopetate a class of a commercial motor 

vehicle ( CMV). A CMV that requires a. CDL is one that: (1) has.a gross combination weight rating or 

gross combination weight of 26,001 pounds or more inclusive of a towed unit with a gross veh ide 

weight rating (GVWR} or gross vehicle weight (GVW} of more than 10,000 pounds, or (2) has a GVWR 

or (NW of26,001 pounds or more; or (3) is designed to transport 16 or more passengers, including 

the driver; or (4) is used to transport either hazardous materials requiring hazardous materials 

placards on the vehicle or any.quantity ofa select agent or toxin. 

0 Driver ID Verified By: the Medical Examfner/staff completes.this item and notes the type of photo ID 

used to verify the driver's identity such as, commerdal driver's license, driver's license, or passport, etc. 

0 Has your USDOT/FMCSA medical certificate ever been denied or lss:ued for les:s: than two years? 

P:lease check the correct box''}'es" or «no" and ifyou aren't sure check the «not sure"box. 

• Driver Health History: 

0 Have you ever had surgery: Pleasecheck"yes" if you have ever had surgery and provide a written 

explanation.of the details (type ofsurgery, date of surgery, etc.) 

• Areyou currently taking medications (prescription, over-the-counter, herbal remedies, diet 

supplements): Please check''Yes• if you are taking any diet supplements, herbal remedies, or 

prescriptlorJ or over the counter medications. In th.e box: below the question, Indicate the name of 

the medk:ationand the dosage. 

0 #1-32: Please .complete this section by checking the "yes" box to Indicate that you have, or have ever 

had, the health condition listed or the "No" box If you have not. (heck the «not sure" box if you are 

unsure. 

0 Other Health Conditions not. described above: If you have, or have had, any other h.ealth conditions not listed in the section above, check "Yes"and in the box provided and list those condttlon(s). 

0 Any yes: answers te questions #1-32 above: If you have answered 0 yes"to any of the questionsfn 

the Driver Health History section above, please explain your answers further in the box below the 

question.For example, if you answered "yes"to question #5 regarding heart disease, heart attack; 

bypass, or other heart problem, indicate which type of heart condition. If you checked «yes"to 

question #23 regarding cancer,.indicatethe type of cancer. Please add any information that will be 

helpful to the Medical Examiner. 

• CMV Driver Signature and D8"'e: Please read the certification statement, sign and date it, indicating 

that the fnformation you provided In Section 1 Is accurate and compfete; 
80190 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 


khammond on DSKJM1Z7X2PROD with RULESER17NO23.006</GPH>

lnstru<don<MCSA-5875 

Medical Examiner: 

Sectlon.2: Examination Report 

• Driver Health History Review: Review answers provided by the driver In the driver health history section 

and disc:uss any•yes• and"not sure" responses. In addition, be sure to co(Tlpare the medication list to the 

health history responses ensuring thatthemeditation list matches the medical conditions. noted. Explote 

with the driver any answers that seem unclear. Record any information that the driveromitted. As the 

Medical Examiner conducting the driver's physic;il examination you are required to co(Tlplete the entire 

medical examination even if you detect a medical .condition that you considet di~ualifying, such as 

deafness. Medical Examiners are expected to determine the.driver's physical qualification for operating 

a commercial vehicle safely.Thus, if you find a disqualifying condition for which a drfvermay receive a 

Federal Motor Carrier Safety Administration medical exemption, please record that on the driVer's Medical 

Examiner's Certificate,.Form MCSA-5876, as well as on the Medical Examination Report Form, MCSA-5875. 

• Testing: 

0 Pulse rate.and rhythm, height, and weight: record these as indicated on the.form. 

0 Blood Pressure: record the blood pressure {systolic and diastolic) of the driver being examined. A 

second reading is optional and should be recorded iffound to be necessary. 

0 Urinalysis: record the numerical readings for the specific gravity, protein,.blood and sugar. 

0 Vlsloh: The current vision stalidard is provided on the form. Wheli otherthan the Snellen chart is 

used, give test results inSnellen-comparable values. When recording distance vision, use 20 feet 

as normal. Record the vision acuity results and indicate if the.driver can recognize and distinguish 

among traffic control signals and devices showing red, green, and amber colors; has monocular 

vision; has been referred to an ophthalmologist or optometrist; and if documentation has been 

received from an ophthalmologist or optometrist. 

0 Hearing: The currenthearing slandard is provided on the form. Hearing can be tested using either a 

whisper test or audiometric test. Record the test results In. the corresponding. section for the test used. 

• Physical Examination: Check the body systems for.abnoimaliti.es and indicate normal oraboormal 

for each body system listed. Discuss any abnormal answers in detail in the space provided and indiGate 

whether It would affect the driver's ability to safely operate a comrnerdal motor vehicle. 

m tlJ#niQCt stttlon~ ,ou•w.111."8..:omp~ eldutrthe ~lrwStar.determlnotl•,:notbdt. 

• Medical Examiner Determinatlon(Federal):Usethis section for examinations.performed in 

accordance with .the FMCSRsf49 CfR 391AJ-39:1 .491. Complete the medical examiner determination 

seGtion.completely. When determining a driver~ physkal qualffication, please note that English language 

proficiency{49'CFR patt:391.11: General qualffications of drivers) is not factored into that determination. 

0 Does not meet standards: Se feet this option when a driver is determined to be not qua lifted.and 

provide an explanation of why the driver does not meet the standards in 49 CFR ~9].41. 

0 Meets standards In 49 (FR 391.41: qualifies for 2-year certification: Selettthis option when a 

driver is determined to be qualified and will be issued a 2~year Medical Examiner's Certificate. 
Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 80191 


khammond on DSKJM1Z7X2PROD with RULESER17NO23.007</GPH> ER17NO23.008</GPH>

lnstrucdonS' MCSA~S-S75 

0 Meets standards, but periodic monitoring Is required: Select this option when a driver is 

determined to be qualified.but.needs periodic monitoring and providean el(J)lanatlon of why 

periodic monitoring is required. Selectthe corresponding time frame that the driver isqualified for, 

and if selecting "other"specify the time frame. 

- Determination that driver meets.standards: Select all categories that apply to the driver's 

certification (e.g., wearing corrective lenses,accompanied by a waiver/exemptfon,drlvlng withfn 

an exempt intracity zone, etc;). 

<> Determination pending: Select this option when more information is needed to make a qualification 

decision and specify a date,.on or before the45 day expiration date, for the driver to return to the 

medical exam office for follow•up. Thiswill anow for a.delay of the qualification decision for as many 

as 45 days, If the qisposition ofthe pending examination is not updated via the National Registry on or 

before the 45 day expiration date, FMCSA will notify the examining medical examiner and thecdrlVer in 

writing that the examination is no longer valid and that the driver is required to be recexamined. 

- MERamended: A Medical Examination Report Form [MER}, MCSA-5875, may only be amended 

while indetermination pending status for situations where new information (e.g., test.results, 

etc.) has been received or there has been a change in the driver'smedical status since the initial 

examination, but prior to a final qualification determination. Select this option when a Medical 

Examination Report Form, MCSA-5875, is being amended;provide the reason for theamendment1 

sign and date. In addition, initial and date any changes made on the Medical Examination Report 

Form,MCSA-5875. A Medical Examination Report.Form, MCSA-5875, cannot be amended after 

an .e:xamination has been in determination pending status for more than 45 days or after a final 

qualification determination has been made. Th.e driver is required to obtain a new physical 

examination and a new .Medical Examinatron Report Form, MCSA-51375, should be completed. 

0 Incomplete examlnatlon:Selectthis when the physical examination is not completed for any 

reason (e.g., drlver decides they do not want to continue: w.ith the examination and leaves) other than 

situations outlined llnder determination pending. 

0 Medical EJfamlner information, signature and date: Provide your name.address, phone number, 

occupation, license, certificate, or registration numberand issuing state, nationa.1 registry number; 

signature and date. • 

0 Medical EJfamlner's Certificate Expiration Date: Enter the date the driver's Medical Ex.aminer's 

Certlfic:ate (MEC) expires: 

• Medical Examiner Oetermlnation (State): Use this sectkin for examlnatlonsperformed In accordance 

with the FMCSRs {§9:CEB 391.41-:391 .49,) with any applicable State variances (which will only be valid for 

intrastate operations). complete the medical examinerdetermination section completely. 

0 • Does not meet standards in 49.CFR 391.41 with any11ppllcable Statevarlances: Select thfs. 

option when a driver is determined to be not qualified and provide an explanation of why the driver 

doesnotmeenhe standards in 49f:fR 391.41 With any applicable State variances. 

"· Me~ts st~ndards in 4t<;FIU91ef\1 :with lilny applic:1d,le State variances: St:!lect this option When a 

driver is determined to. be qualified and will be issued a 2-year Medical Examiner's Certificate. 

0 Meets standards, but periodic monitoring Is required: Select this option when a driver is determined to be qualified but needs periodic monitoring and provide an explanation of why periodic 

monftoring is required. Selectthe corresponding time frame that the driver is qualified for, and if 

selectrng"other" specify the time frame. 

- Determination that driver meets standards: Select.all categories that appfy to the driver's 

certification (e.g.,wearing corrective lenses, accompanied by a waiver/exemption, etc.). 

0 Medical Examiner lnformation,.signatureahd date: Provide your nam~ address, phone number, 

occupation, license, certificate, or registration number and issuing state, national registry numbet 

signature and date. 

0 Medical Examiner's Certificate Expiration Date: Enter the date the driver's Medical Examiner's 

Certificate (MEC) expires. 

II. If updating an existing exam, you must resubrnlt the new exam results, via the.Medical Examination 

Resu Its Form, MCSA-5850, to the Nation al Registry, and the most recent dated exam will take precedence. 

m. To obtain additional Information regarding this form go to the Medical Program's page on the Federal 

Motor Carrier Safety Administration's website at http:l!Ww_w.fmcsa.dot.gov/regtdatlons/me1:Ucal. 
80192 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 

* * * * * 

(h) The medical examiner’s certificate 

shall be completed in accordance with 

the following Form MCSA–5876, 

Medical Examiner’s Certificate: 

BILLING CODE 4910–EX–C 

* * * * * 

§ 391.45 [Amended] 

■ 89. Amend § 391.45 by removing and 

reserving paragraph (d). 

■ 90. Amend § 391.47 by: 

■ a. Revising paragraphs (b)(1), (2), and 

(7); and 

■ b. In paragraphs (c), (d), and (f), 

removing the text ‘‘(MC–PS)’’. 

The revisions read as follows. 

§ 391.47 Resolution of conflicts of medical 

evaluation. 

* * * * * 

(b) * * * 

(1) The application must contain the 

name and address of the driver, motor 

carrier, and all medical examiners and 

medical specialists involved in the 

proceeding. 

(2) The applicant must submit proof 

that there is a disagreement between the 

medical examiner for the driver and the 

medical examiner for the motor carrier 

concerning the driver’s qualifications. 

* * * * * 

(7) The applicant must submit all 

medical records and statements of the 

medical examiners and medical 

specialists who have given opinions on 

the driver’s qualifications. 

* * * * * 

PART 395—HOURS OF SERVICE OF 

DRIVERS 

■ 91. The authority citation for part 395 

continues to read as follows: 

Authority: 49 U.S.C. 504, 21104(e), 31133, 

31136, 31137, 31502; sec. 113, Pub. L. 103– 

311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 

106–159 (as added and transferred by sec. 

4115 and amended by secs. 4130–4132, Pub. 

L. 109–59, 119 Stat. 1144, 1726, 1743, 1744), 

113 Stat. 1748, 1773; sec. 4133, Pub. L. 109– 

59, 119 Stat. 1144, 1744; sec. 32934, Pub. L. 

112–141, 126 Stat. 405, 830; sec. 5206(b), 

Pub. L. 114–94, 129 Stat. 1312, 1537; and 49 

CFR 1.87. 

■ 92. Amend § 395.2 by revising 

paragraph (1) of the definition for 

‘‘Utility service vehicle’’ to read as 

follows: 

§ 395.2 Definitions. 

* * * * * 

Utility service vehicle * * * 

(1) Used in the furtherance of 

repairing, maintaining, or operating any 

structures or any other physical 

facilities necessary for the delivery of 

public utility services, including the 

furnishing of electric, gas, water, 

sanitary sewer, telephone, television 

cable or community antenna service, 

and broadband-internet and cellular 

telephone operations; 

* * * * * 

§ 395.13 [Amended] 

■ 93. Amend § 395.13 by, in paragraph 

(a), removing the words ‘‘appendix B to 

this subchapter’’ and adding in their 

place the words ‘‘appendix B to part 390 

of this chapter’’. 

§ 395.22 [Amended] 

■ 94. Amend § 395.22 by, in paragraph 

(a), removing the words ‘‘Web site’’ and 

in their place adding the word 

‘‘website’’. 

Appendix A to Subpart B of Part 395 

[Amended] 

■ 95. Amend appendix A to subpart B 

of part 395 by removing the words ‘‘Web 

site’’ in each place that they appear and 

in their place adding the word 

‘‘website’’. 


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Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 80193 

PART 396—INSPECTION, REPAIR, 

AND MAINTENANCE 

■ 96. The authority citation for part 396 

continues to read as follows: 

Authority: 49 U.S.C. 504, 31133, 31136, 

31151, 31502; sec. 32934, Pub. L. 112–141, 

126 Stat. 405, 830; sec. 5524, Pub. L. 114–94, 

129 Stat. 1312, 1560; and 49 CFR 1.87. 

§ 396.9 [Amended] 

■ 97. Amend § 396.9 by, in paragraph 

(a), removing the words ‘‘appendix B to 

this subchapter’’ and adding in their 

place ‘‘appendix B to part 390 of this 

chapter’’. 

PART 398—TRANSPORTATION OF 

MIGRANT WORKERS 

■ 98. The authority citation for part 398 

continues to read as follows: 

Authority: 49 U.S.C. 13301, 13902, 31132, 

31133, 31136, 31502, 31504; sec. 204, Pub. L. 

104–88, 109 Stat. 803, 941; sec. 212, Pub. L. 

106–159, 113 Stat. 1748, 1766; and 49 CFR 

1.87. 

§ 398.8 [Amended] 

■ 99. Amend § 398.8 by, in paragraph 

(a), removing the words ‘‘Appendix B of 

chapter III of this title’’ and adding in 

their place ‘‘appendix B to part 390 of 

this chapter’’. 

Issued under authority delegated in 49 CFR 

1.87. 

Robin Hutcheson, 

Administrator. 

[FR Doc. 2023–24160 Filed 11–16–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 216 

[Docket No. 231109–0265] 

RIN 0648–BK06 

Modification of Deadlines Under the 

Fish and Fish Product Import 

Provisions of the Marine Mammal 

Protection Act 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

revise the regulations implementing the 

import provisions of the Marine 

Mammal Protection Act (MMPA). This 

final rule extends, by two years, the 

exemption period to end December 31, 

2025. 

DATES: This final rule is effective 

November 17, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Kellie Foster-Taylor, Office of 

International Affairs and Commerce, 

NMFS by email mmpa.loff@noaa.gov or 

by phone at 301–427–7721. 

SUPPLEMENTARY INFORMATION: 

Background 

The 2016 Final Rule 

On August 15, 2016, NMFS published 

a final rule (81 FR 54390) implementing 

the MMPA Import Provisions (Section 

101(a)(2)). Section 101(a)(2) of the 

MMPA prohibits ‘‘the importation of 

commercial fish or products from fish 

which have been caught with 

commercial fishing technology which 

results in the incidental kill or 

incidental serious injury of ocean 

mammals in excess of United States 

standards.’’ 16 U.S.C. 1371(a)(2). In the 

2016 final rule, NMFS explained that ‘‘a 

fish or fish product caught with 

commercial fishing technology which 

results in the incidental mortality or 

incidental serious injury of marine 

mammals in excess of U.S. standards is 

any fish or fish product harvested in an 

exempt or export fishery for which a 

valid comparability finding is not in 

effect.’’ 50 CFR 216.24(h)(1)(i). A 

‘‘comparability finding’’ is ‘‘a finding by 

the Assistant Administrator [for 

Fisheries] that the harvesting nation for 

an export or exempt fishery has met the 

applicable conditions specified in [50 

CFR 216.24(h)(6)(iii)] subject to the 

additional considerations for 

comparability determinations set out in 

[50 CFR 216.24(h)(7)].’’ Id. § 216.3. The 

2016 final rule set forth those conditions 

in detail, which measure the 

effectiveness of the harvesting nation’s 

regulatory program as compared to the 

U.S. regulatory program, as well as the 

procedure for issuing a comparability 

finding. The rule established that fish 

and fish products from fisheries 

identified in the List of Foreign 

Fisheries (LOFF) can be imported into 

the United States only if the harvesting 

nation has applied for and received 

such a comparability finding from 

NMFS. 

The 2016 final rule provided, 

however, that this import prohibition 

‘‘shall not apply during the exemption 

period’’ (50 CFR 216.24(h)(2)(ii)), which 

the rule initially defined as a five-year 

period. NMFS explained that this 

exemption period was necessary to 

provide harvesting nations with 

adequate time to assess marine mammal 

stocks, estimate bycatch, and develop 

regulatory programs that mitigate that 

bycatch. The 2016 final rule stated that 

NMFS ‘‘shall determine whether to 

issue’’ comparability findings ‘‘[n]o later 

than November 30th of the year when 

the exemption period . . . is to expire.’’ 

Id. § 216.24(h)(6)(ii); see also 50 CFR 

216.24(h)(8)(i) (‘‘No later than 

November 30th of the year when the 

exemption period . . . is to expire, the 

Assistant Administrator shall publish in 

the Federal Register, by harvesting 

nation, a notice of the harvesting 

nations and fisheries for which it has 

issued or denied a comparability finding 

and the specific fish and fish products 

that as a result are subject to import 

prohibitions under paragraphs (h)(1) 

and (9) of this section.’’). 

Subsequent Extensions of the 

Exemption Period 

On November 3, 2020, NMFS issued 

an interim final rule (IFR) (85 FR 

69515), which extended the exemption 

period for one year and requested public 

comment. The 2020 interim final rule 

sought to provide additional time for 

harvesting nations to apply for 

comparability findings and to comply 

with the requirements for such findings 

set forth in the 2016 final rule in light 

of the disruptions caused by the 

coronavirus pandemic. On October 21, 

2022, NMFS issued a final rule (87 FR 

63955), which responded to the 

comments received in response to the 

2020 IFR and revised that rule to extend 

the exemption period by an additional 

year, until December 31, 2023, to give 

NMFS additional time to complete its 

assessment of the applications for 

comparability findings. 

Under the current exemption period, 

therefore, NMFS must ‘‘determine 

whether to issue’’ comparability 

findings by ‘‘[n]o later than November 

30th of’’ 2023 (50 CFR 216.24(h)(6)(ii)). 

Current Rule: Further Extension of the 

Exemption Period 

NMFS received 134 applications for 

comparability findings from nations 

involving almost 2,500 foreign fisheries. 

Nations apply for comparability 

findings for each of their fisheries on the 

LOFF; however, comparability 

determinations are made on a fisheryby-fishery basis, not by country. Thus, 

individual determinations need to be 

made for each fishery. To review 

applications for comparability findings, 

NMFS evaluates each nation’s 

regulatory programs to address 

incidental and intentional mortality and 

serious injury of marine mammals in 

each fishery that exports fish and fish 

products to the United States. The 

evaluation includes assessing 

information provided in the applicants’ 

submissions and readily available 


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