90608 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 

not national in scope or significance are 

most appropriately addressed by the 

level of government close to the people. 

This rulemaking does not have 

substantial direct impact on the States, 

on the relationship between the federal 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, this action does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. 

Assessment of Federal Regulations and 

Policies on Families 

Assessment of Federal Regulations 

and Policies on Families section 654 of 

the Treasury and General Government 

Appropriations Act of 2000 requires 

federal agencies to determine whether a 

policy or regulation may negatively 

affect family well-being. If the agency 

determines a policy or regulation 

negatively affects family well-being, 

then the agency must prepare an impact 

assessment addressing seven criteria 

specified in the law. HHS believes it is 

not necessary to prepare a family 

policymaking assessment (see Pub. L. 

105–277) because the action it takes in 

this final rule will not have any impact 

on the autonomy or integrity of the 

family as an institution. 

Regulatory Review 

We have examined the impacts of the 

rule under Executive Order 12866, 

Executive Order 13563, the RFA (5 

U.S.C. 601–612), and the UMRA of 1995 

(Pub. L. 104–4). Executive Orders 12866 

and 13563 direct us to assess all 

benefits, costs, and transfers of available 

regulatory alternatives and, when 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). 

The Office of Information and 

Regulatory Affairs has determined that 

this final rule is not a significant 

regulatory action under section 3(f)(1) of 

Executive Order 12866, as amended by 

Executive Order 14094. This final rule 

has, however, been designated ‘‘a 

significant regulatory action’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094. Of 

the nearly $600 million appropriated for 

264 Tribal Lead Agencies in FY 2024, 

approximately $422 million was 

allocated to grantees that already have 

discretion to take-up the flexibilities 

included in this rule. The remaining 

$173 million is allocated to Tribal Lead 

Agencies that could be impacted by the 

change included in this rule. Further, 

these Tribal Lead Agencies have 

discretion on whether to adopt this 

flexibility based on their unique needs. 

This final rule does not stipulate any 

new requirements. 

VI. Tribal Consultation Statement 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments, requires agencies to 

consult with Indian tribes when 

regulations have substantial direct 

effects 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. The 

discussion in sections III and IV of the 

preamble serves as the Tribal impact 

statement and contains a detailed 

description of the consultation and 

outreach in this final rule. 

(Catalog of Federal Domestic Assistance 

Program Number 93.575, Child Care and 

Development Block Grant; 93.596, Child Care 

Mandatory and Matching Funds) 

Dated: November 14, 2024. 

Xavier Becerra, 

Secretary, Department of Health and Human 

Services. 

List of Subjects in 45 CFR Part 98 

Child care, Grant programs-social 

programs. 

For the reasons set forth in the 

preamble, we amend 45 CFR part 98 as 

follows: 

PART 98—CHILD CARE AND 

DEVELOPMENT FUND 

■ 1. The authority citation for part 98 

continues to read as follows: 

Authority: 42 U.S.C. 618, 9858, 

■ 2. Amend § 98.81 by revising 

paragraph (b)(1)(ii) to read as follows. 

§ 98.81 Application and Plan procedures. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) The basis for determining family 

eligibility may be determined by the 

Tribe notwithstanding family income or 

assets as described in § 98.20(a)(2). 

* * * * * 

[FR Doc. 2024–26909 Filed 11–15–24; 8:45 am] 

BILLING CODE 4184–87–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Chapter III 

[Docket No. FMCSA–2024–0201] 

RIN 2126–AC66 

Federal Motor Carrier Safety 

Regulations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Final rule; general technical, 

organizational, conforming, and 

correcting amendments. 

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. 

Because the rule does not impose any 

new material requirements or increase 

compliance obligations, it is issued 

without prior notice and opportunity for 

comment, pursuant to the good cause 

exception in the Administrative 

Procedure Act (APA). 

DATES: Effective November 18, 2024. 

Petitions for Reconsideration of this 

final rule must be submitted to the 

FMCSA Administrator no later than 

December 18, 2024. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Nicholas Lockhart, Regulatory 

Development Division, Office of Policy, 

FMCSA, 1200 New Jersey Avenue SE, 

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

2219; nicholas.lockhart@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 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 90609 

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). 

(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 350–399. The 

administrative powers to enforce 

chapter 315 (codified in 49 U.S.C. 

chapter 5) were also transferred from the 

ICC to DOT in 1966, assigned first to the 

Federal Highway Administration 

(FHWA), and then to FMCSA. The 

FMCSA Administrator, whose powers 

and duties are set forth in 49 U.S.C. 113, 

has been delegated authority by the 

Secretary of Transportation (the 

Secretary) under 49 CFR 1.81 to 

prescribe regulations and to exercise 

authority over and with respect to any 

personnel within the organization, and 

under 49 CFR 1.87 to carry out the 

motor carrier functions vested in the 

Secretary. 

Between 1984 and 1999, enforcement 

of the 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, and transferred 

authorities specifically related to 

commercial motor vehicle safety to 

FMCSA. Accordingly, since that time 

the motor carrier safety, and certain 

commercial, responsibilities previously 

assigned to both the ICC and FHWA 

have been the jurisdiction of FMCSA. 

These responsibilities also include 

regulations relating to section 18 of the 

Noise Control Act of 1972, codified at 

42 U.S.C. 4917, which were originally 

assigned to the Secretary of 

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

1249, Oct. 27, 1972) and delegated to 

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

are now the jurisdiction of FMCSA, as 

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

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 Title 49 of 

the CFR. 

The APA specifically provides 

exceptions to its notice and comment 

rulemaking procedures when an agency 

finds there is good cause to dispense 

with them, and incorporates the finding, 

and a brief statement of reasons 

therefore, in the rules issued (5 U.S.C. 

553(b)(B)). Good cause exists when an 

agency determines that notice and 

public comment procedures are 

impractical, unnecessary, or contrary to 

the public interest. The amendments 

made in this final rule primarily correct 

inadvertent errors and omissions, 

remove or update obsolete references, 

and make minor language changes to 

improve clarity and consistency. The 

technical amendments do not impose 

any new material requirements or 

increase compliance obligations. For 

these reasons, FMCSA finds good cause 

that notice and public comment on this 

final rule are unnecessary. 

In addition to amendments that fall 

within the APA good cause exception, 

this rule also contains amendments that 

fall within the APA exception for rules 

of agency organization, procedure, or 

practice. Specifically, the Agency 

amends 49 CFR 387.307(e) to align with 

the service rules in part 386 and to 

specify the same procedures for Agency 

review of documents filed by brokers 

notified of a pending suspension of 

operating authority due to insufficient 

financial responsibility as are followed 

by the Agency when such brokers file 

documents in support of a reinstatement 

from suspension. These amendments 

fall within the exception to the APA’s 

notice and comment rulemaking 

procedures for ‘‘rules of agency 

organization, procedure, or practice,’’ (5 

U.S.C. 553(b)(A)) because the 

procedures for filing such documents 

are already specified in § 387.307(e) and 

so are made clearer with this 

amendment. Similarly, an amendment 

to part 389 also concerns matters of 

Agency policy. These changes are 

therefore excepted from the notice and 

public comment requirements. 

The APA also allows agencies to make 

rules effective immediately with good 

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

requiring publication 30 days prior to 

the effective date. For the reasons 

already stated, FMCSA finds there is 

good cause for this rule to be effective 

immediately. 

This rule contains numerous, 

unrelated provisions that focus on 

unique aspects of FMCSA’s regulations. 

Therefore, FMCSA finds that the various 

provisions of this final rule are 

severable and able to operate 

functionally if severed from each other. 

In the event a court were to invalidate 

one or more of this final rule’s unique 

provisions, the remaining provisions 

should stand. 

II. Section-by-Section Analysis 

A. Part 350—Motor Carrier Safety 

Assistance Program (MCSAP) and High 

Priority Program 

FMCSA amends part 350 to eliminate 

the current question-and-answer format 

in favor of standard styling. Thus, all 

section headings that are phrased as 

questions will be rephrased as brief 

descriptive phrases pertaining to the 

section’s content. However, unless 

specifically described below, this 

change does not affect the body text of 

the regulations in this part. FMCSA 

makes this change because it has 

determined that the question-andanswer format is cumbersome, difficult 

to read, and may cause confusion. 

Moreover, in several instances the title 

of a section is styled as a question, but 

the regulatory text does not provide a 

concise answer to the question asked, 

somewhat defeating the purpose of the 

question-and-answer style. 


lotter on DSK11XQN23PROD with RULES1
90610 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 

Part 350 previously had section 

headings styled as brief descriptive 

phrases, rather than questions, until 

2000. That year, FMCSA issued a final 

rule that comprehensively revised part 

350 (65 FR 15092 (March 21, 2000)). 

The revisions included a series of 

stylistic changes described in the 

NPRM: question and answer format, the 

active voice, and ‘‘Plain English’’ (64 FR 

11414, 11416 (March 9, 1999)). The 

Agency intended for the stylistic 

changes to logically organize the 

regulations, clearly format the 

regulations, and make the regulations 

easily understood. The Agency 

continues to pursue these goals when 

drafting regulations and adopts active 

voice and ‘‘Plain English’’ where 

practical, in new and revised 

regulations, to achieve these goals. 

However, the Agency no longer uses a 

question-and-answer format in new and 

revised regulations. Most of the 

FMCSRs, and most federal regulations 

generally, use a short descriptive phrase 

for section headings instead of a 

question-and-answer format. Therefore, 

the Agency amends each section 

heading in part 350 to use a short 

descriptive phrase. FMCSA is also 

making other amendments to part 350, 

which are described below. 

Section 350.305 What specific 

variances from the FMCSRs are allowed 

for State laws and regulations applicable 

to intrastate commerce and are not 

subject to Federal jurisdiction? 

In addition to revising the title of 

§ 350.305 to use a short descriptive 

phrase, FMCSA amends the section by 

adding an introductory sentence 

specifying that these variances are for 

State laws and regulations applicable to 

intrastate commerce and not subject to 

Federal jurisdiction. 

FMCSA also revises § 350.305(d)(3) to 

eliminate the reference to a 100-air mile 

radius under § 395.1(e)(1)(i) because it is 

no longer correct. The regulations in 

part 350 relate to MCSAP funding, and 

§ 350.305 describes allowable variances 

in state laws and regulations for States 

receiving MCSAP funding. Each State 

that receives MSCAP funds must adopt 

and enforce laws, regulations, 

standards, and orders on CMV safety for 

intrastate commerce that are compatible 

with the FMCSRs. However, since the 

early days of MCSAP, some variances 

for intrastate operations have been 

allowed. On September 8, 1992, FHWA 

published what previously had been 

informal intrastate variances as 

appendix C to part 350. Section 3(e) 

provided that exemptions based on the 

distance traveled from the home 

terminal were not compatible. However, 

the prohibition did not apply to 

exemptions already in the FMCSRs or to 

the extension of the short-haul mileage 

exemption for driver hours of service 

from 100 to 150 miles (57 FR 40946, 

40962; Sept. 8, 1992). The short-haul 

mileage exemption has been placed in 

several different sections of the CFR 

over time; it was located in § 350.341(d) 

prior to moving to its current location in 

§ 350.305(d)(3) when part 350 was 

rewritten in 2020 (85 FR 37785, 37804; 

June 24, 2020). The current short-haul 

mileage exemption references the shorthaul mile radius in the hours-of-service 

regulations, § 395.1(e)(1)(i). On June 1, 

2020, FMCSA revised regulations 

relating to driver hours of service and 

extended the short-haul exemption in 

§ 395.1(e)(1)(i) to 150 air-miles, effective 

September 29, 2020 (85 FR 33396, 

33451). 

Although the allowed air-mile radius 

is currently the same in §§ 350.305(d)(3) 

and 395.1(e)(1)(i), it is nevertheless 

possible that the radius specified in 

§ 395.1(e)(1)(i) could be either expanded 

or contracted at some time in the future. 

To correct the discrepancy that 

currently exists in the regulation while 

avoiding unintentional effects on the 

intrastate variance, FMCSA revises 

§ 350.305(d)(3) to read as follows: ‘‘A 

150-air mile radius or the air mile radius 

under § 395.1(e)(1)(i) of this subchapter, 

whichever is greater.’’ The revision 

affords States the benefit of any future 

expansion of the air-mile radius in 

§ 395.1(e)(1)(i) and also protects against 

a decrease of the long-standing 150-mile 

intrastate variance without full 

consideration of the impact of any 

change on intrastate commerce through 

notice and comment rulemaking. 

Therefore, there is no substantive 

impact from this revision. 

B. Part 369 Reports of Motor Carriers 

Section 369.1 Annual Reports of ForHire, Non-Exempt Motor Carriers of 

Property, Motor Carriers of Household 

Goods, and Dual Property Carriers 

Section 369.1 requires certain motor 

carriers to file the Motor Carrier Annual 

Report Form M (Form M) with the 

Agency. The website address provided 

in § 369.1(b), where the Agency has 

made Form M available, is no longer 

valid. FMCSA amends § 369.1(b) to 

provide a correct website address for 

Form M and to update the phrasing of 

the regulation to avoid using the word 

‘‘you.’’ 

Section 369.4 Annual Reports of Class 

I Carriers of Passengers 

Section 369.4 requires certain motor 

carriers of passengers to file the Motor 

Carrier Annual Report Form MP–1 for 

Motor Carriers of Passengers (Form MP– 

1). However, this section does not 

provide a website address where the 

form is available. FMCSA amends 

§ 369.4(c) to provide a website address 

where the form is available for the 

convenience of motor carriers of 

passengers. 

C. Part 371—Brokers of Property 

Section 371.2 Definitions 

Section 371.2 provides definitions 

that apply to FMCSA’s property broker 

regulations in Part 371. FMCSA amends 

§ 371.2 to format the definitions as a list 

of terms without paragraphs rather than 

providing the definition for each term in 

a separate paragraph. The definitions 

are unchanged by this amendment. This 

format conforms to the format of other 

definition sections in Chapter III, 

Subchapter B, such as § 390.5T, and 

guidance from the Office of the Federal 

Register’s Document Drafting Handbook 

(3–33). 

D. Part 380—Special Training 

Requirements 

Section 380.301 General Requirements 

Section 380.301 contains general 

requirements for longer combination 

vehicle driver-instructors. FMCSA 

amends the introductory text of 

§ 380.301 to avoid using the word 

‘‘you,’’ and thereby clarify to whom the 

regulation applies. 

Section 380.723 Removal From 

Training Provider Registry: Procedure 

Section 380.723 describes the 

procedures for removing a training 

provider from FMCSA’s Training 

Provider Registry, including processes 

FMCSA follows when it removes a 

training provider from the registry. In 

§ 380.723, paragraph (b) explains that 

FMCSA begins the involuntary removal 

process by issuing a written notice to 

the provider, and paragraph (c) explains 

that if the provider wishes to remain on 

the registry, they must submit a written 

response to FMCSA within 30 days. 

Paragraph (c) also explains that the 

provider can either oppose the notice of 

proposed removal or take corrective 

action within 60 days. FMCSA amends 

paragraph (c) to provide clarification on 

the timelines for provider responses, as 

the current regulation may be confusing 

for providers who choose to take 

corrective action in response to a 

notification of proposed removal. 

Providers that intend to take corrective 

action must still submit the initial 

written response described in paragraph 

(c) within 30 days of the notification. 

Further, these providers are still 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 90611 

required to submit evidence of 

corrective action in accordance with 

(c)(2)(i). 

FMCSA also amends section 

§ 380.723 to replace the word ‘‘notice’’ 

with the word ‘‘notification’’ wherever 

it refers to a communication from 

FMCSA to a training provider, as this 

section also uses the word ‘‘notice’’ to 

refer to Federal Register notices. This 

change will improve the clarity and 

readability of the section. 

Lastly, FMCSA amends 

§ 380.723(c)(2)(i) to correct an error from 

a previous amendment. When paragraph 

(c)(2)(i) was established, it described a 

60-day time period that began either on 

the date the notice of proposed removal 

was issued or on the date when 

FMCSA’s Director of the Office of 

Carrier, Driver, and Vehicle Safety 

Standards subsequently affirmed or 

modified the notice of proposed 

removal (81 FR 88732, 88793, Dec. 8, 

2016). FMCSA later amended the 

section, with the intention to remove 

the reference to that particular director 

and replace it with a reference to 

FMCSA (86 FR 57060, 57062, Oct. 14, 

2021). Although the word ‘‘Director’’ 

was removed, it was not replaced with 

‘‘FMCSA,’’ and FMCSA now corrects 

that inadvertent error by adding the 

word ‘‘FMCSA’’ in the appropriate 

place. 

E. Part 381—Waivers, Exemptions, and 

Pilot Programs 

Section 381.210 How do I request a 

waiver? 

Part 381 covers waiver and 

exemptions from the FMCSRs, and 

§ 381.210 sets out the process for 

requesting a waiver and the required 

contents of the request. The regulations 

in § 381.210 are authorized by 49 U.S.C. 

31315, which is titled ‘‘Waivers, 

exemptions, and pilot programs.’’ The 

authorizing statute requires certain 

contents in a waiver request, and while 

the regulation also requires these 

contents so that it aligns with the 

statute, the requirements are phrased 

differently. The statute requires that a 

person requesting a waiver explain how, 

if granted a waiver, they would likely 

achieve an equivalent or greater level of 

safety as compared to the level of safety 

they would achieve absent the waiver. 

Section 381.210 describes this as a 

requirement that the person requesting 

a waiver explain how they would 

achieve a level of safety that is 

equivalent to, or greater than, the level 

of safety that would be obtained by 

complying with the regulation. Though 

this framing of the requirement has the 

same effect, FMCSA revises § 381.210 to 

use the phrasing from the authorizing 

statute, to avoid any confusion. 

Section 381.310 How do I apply for an 

exemption? 

Section 381.310 sets out the process 

for requesting an exemption, and 

FMCSA amends it to better align with 

the authorizing statute, as with 

§ 381.210. The authorizing statute, 49 

U.S.C. 31315, requires that a person 

requesting an exemption explain how 

they would likely achieve an equivalent 

or greater level of safety as compared to 

the level of safety they would achieve 

absent the exemption. Section 381.210 

describes this as a requirement that the 

person requesting an exemption explain 

how they would achieve a level of safety 

that is equivalent to, or greater than, the 

level of safety that would be obtained by 

complying with the regulation. Though 

this framing of the requirement has the 

same effect, FMCSA revises § 381.310 to 

use the phrasing from the authorizing 

statute, to avoid any confusion. 

Section 381.505 What are the 

minimum elements required for a pilot 

program? 

Section 381.505 sets out the 

requirement for a pilot program, and 

FMCSA amends it to better align with 

the authorizing statute, as with 

§§ 381.210 and 381.310. The authorizing 

statute, 49 U.S.C. 31315, requires that 

FMCSA ensure that the pilot program is 

designed to achieve a level of safety that 

is equivalent to, or greater than, the 

level of safety that would otherwise be 

achieved through compliance with the 

applicable regulations. Section 381.210 

describes this as a requirement to ensure 

that the program is designed to achieve 

a level of safety that is equivalent to, or 

greater than, the level of safety that 

would be achieved by complying with 

the regulations. Again, though this 

framing of the requirement has the same 

effect, FMCSA revises § 381.505 to use 

the phrasing from the authorizing 

statute, to avoid any confusion. 

F. Part 382—Controlled Substances and 

Alcohol Use and Testing 

Section 382.101 Purpose 

Section 382.101 sets out the purpose 

of part 382 and in doing so, uses the 

term ‘‘commercial motor vehicles.’’ In 

later sections of part 382, the term is 

abbreviated as ‘‘CMV,’’ and so FMCSA 

revises § 382.101 to provide the 

abbreviation for ‘‘commercial motor 

vehicle(s)’’ where it is first used in the 

part. 

Section 382.103 Applicability 

Section 382.103 provides the 

applicability of the controlled 

substances and alcohol use and testing 

regulations in part 382. The section 

cross-references §§ 390.3(f) and 390.5, 

which are currently suspended. FMCSA 

revises § 382.103 to cross-reference the 

equivalent temporary sections 

§§ 390.3T(f) and 390.5T. 

Section 382.107 Definitions 

Section 382.107 defines terms that are 

used in the controlled substances and 

alcohol use and testing regulations in 

part 382. The introductory text of 

§ 382.107 cross-references § 390.5, 

which is currently suspended. FMCSA 

revises § 382.107 to cross-reference the 

equivalent temporary section § 390.5T. 

One of the terms defined in § 382.107 

is ‘‘commercial motor vehicle,’’ which is 

abbreviated to ‘‘CMV’’ in the definition 

of ‘‘actual knowledge’’ in the same 

section and in the table for § 382.303(a) 

and (b). FMCSA amends the definition 

of ‘‘commercial motor vehicle’’ in 

§ 382.107 to add the definition, for 

clarity. 

Section 382.413 Inquiries for Alcohol 

and Controlled Substances Information 

From Previous Employers 

Section 382.413 requires employers to 

request alcohol and controlled 

substances information from the 

previous employers of their employees. 

The section references 49 CFR 40.25, 

titled ‘‘Must an employer check on the 

drug and alcohol testing record of 

employees it is intending to use to 

perform safety-sensitive duties?’’ for 

specific requirements of the inquiry 

process. The same requirements are 

covered within the FMCSRs in 

§ 391.23(e), and so FMCSA amends 

§ 382.413 to reference § 391.23(e) rather 

than § 40.25, for ease of reference. The 

amendment also enables paragraph (a) 

to be simplified. Although paragraph (a) 

references § 40.25 for the inquiry 

requirements, it adds that the required 

time frame for the inquiry of previous 

employers is 3 years, rather than the 2 

years specified in § 40.25. Section 

391.23(e) requires a 3-year time frame, 

and by referencing that section rather 

than § 40.25, paragraph (a) no longer 

needs to specify a different time frame. 

Section 382.501 Removal From SafetySensitive Function 

FMCSA revises § 382.501(b) to replace 

the semicolon after ‘‘functions’’ with a 

comma. This is a punctuation 

correction. 


lotter on DSK11XQN23PROD with RULES1
90612 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 

Section 382.601 Employer Obligation 

To Promulgate a Policy on the Misuse 

of Alcohol and Use of Controlled 

Substances 

Section 382.601 requires employers 

provide educational materials 

explaining the alcohol and controlled 

substances regulations in part 382. The 

materials are required to cover the postaccident testing requirements, and in 

stating this requirement, § 382.601 

references § 382.303(d). FMCSA amends 

§ 382.601 to change these crossreferences to instead reference § 382.303 

as a whole because there are postaccident testing requirements in other 

paragraphs of § 382.303 as well. 

G. Part 383—Commercial Driver’s 

License Standards; Requirements and 

Penalties 

Section 383.141 General 

FMCSA revises § 383.141(b) to change 

‘‘state’’ to ‘‘State’’, to conform with the 

capitalization used throughout the rest 

of part 383. 

H. Part 384—State Compliance With 

Commercial Driver’s License Program 

Section 384.405 Decertification of 

State CDL Program 

FMCSA amends section 384.405 to 

align the regulatory requirements with 

the statutory requirements. Specifically, 

paragraph (a) of the regulation uses 

permissive language, stating that the 

Administrator may prohibit a State 

found to be in substantial 

noncompliance from performing certain 

CLP or CDL transactions, and sets out 

the conditions the Administrator should 

consider when making a decertification 

determination. However, 49 U.S.C. 

31312 uses mandatory language, stating, 

‘‘the Secretary shall issue an order’’ to 

prohibit States from carrying out 

licensing procedures and issuing CDLs 

if there is a determination of substantial 

noncompliance. 

The regulatory history does not 

clearly indicate why there is a 

discrepancy between the statutory text 

and the regulatory text. It is clear from 

the statute that the Administrator is 

required to prohibit noncompliant states 

from engaging in the enumerated CLP 

and CDL transactions. FMCSA therefore 

replaces the word ‘‘may’’ in paragraph 

(a) with the word ‘‘shall,’’ to harmonize 

the regulation with the statutory text. 

I. Part 385—Safety Fitness Procedures 

As with part 350, FMCSA also revises 

part 385, subparts C, D, and E, to 

eliminate the current question-andanswer format in favor of standard 

styling. This set of revisions includes 

revisions to the currently suspended 

§§ 385.301, 385.303, 385.305, 385.329, 

385.405, 385.409, 385.419, and 385.421 

to mirror the amendments made to the 

corresponding temporary sections. All 

section headings that are phrased as 

questions will be rephrased as brief 

descriptive phrases pertaining to the 

section’s content, but the body text of 

the regulations is unchanged unless 

otherwise stated below. FMCSA’s 

reasoning for making this change in part 

385 is the same as for part 350. As used 

in these regulations, the question-andanswer format is cumbersome, difficult 

to read, and may cause confusion, and 

the Agency finds the regulations are 

clearer and more useful when standard 

styling is used. FMCSA also makes 

other amendments to part 385, which 

are described below. 

Section 385.205 How can an 

individual who has lost certification to 

perform a safety audit or investigation, 

including review, be re-certified? 

In addition to revising the heading of 

§ 385.205 to be a short descriptive 

phrase, FMCSA also amends the section 

by moving the context for the 

regulation’s requirements from the 

heading to the body of the regulation, in 

order to clarify the regulation. 

Section 385.407 What conditions must 

a motor carrier satisfy for FMCSA to 

issue a safety permit? 

In addition to revising the heading of 

§ 385.407 to be a short descriptive 

phrase, FMCSA also makes a clarifying 

revision to the section by adding 

paragraph (a)(2)(iv) regarding the 

requirement for carriers to maintain the 

minimum financial responsibility 

required by § 387.9 in order to receive 

a safety permit. This addition does not 

impose new burdens on carriers because 

49 CFR part 387 already imposes 

financial responsibility requirements on 

motor carriers, including hazardous 

materials carriers, and these 

requirements are referenced in the 

safety fitness standard described in 

§ 385.5. Safety permits and financial 

responsibility are already linked by 

§ 385.407(a), which requires achieving a 

‘‘satisfactory’’ safety rating as a 

prerequisite for issuance of a safety 

permit, and § 385.421T(a)(8), which 

specifies that failure to maintain the 

minimum required financial 

responsibility is grounds for suspending 

or revoking a safety permit. This 

revision will eliminate confusion and 

ensure consistency between these 

regulations. 

Section 385.409 When may a 

temporary safety permit be issued to a 

motor carrier? 

In addition to revising the heading of 

§ 385.409 to be a short descriptive 

phrase, FMCSA also amends the section 

by removing the paragraph heading of 

§ 385.409(a), which is unnecessary 

given the revised section heading. 

Although this section is currently 

suspended, FMCSA is amending it to 

mirror the amendments to temporary 

regulation § 385.409T. 

Section 385.409T When may a 

temporary safety permit be issued to a 

motor carrier? 

In addition to revising the heading of 

§ 385.409T to be a short descriptive 

phrase, FMCSA also amends the section 

by removing the paragraph heading of 

§ 385.409T(a), which is unnecessary 

given the revised section heading. 

Section 385.411 Must a motor carrier 

obtain a safety permit if it has a State 

permit? 

In addition to revising the heading of 

§ 385.411 to be a short descriptive 

phrase, FMCSA also amends the section 

by moving the context for the 

regulation’s requirements from the 

heading to the body of the regulation, in 

order to clarify the regulation. Finally, 

§ 385.411 contains a cross-reference to 

§ 385.405, which is currently 

suspended, and FMCSA amends the 

section to reference § 385.405T instead. 

Section 385.413 What happens if a 

motor carrier receives a proposed safety 

rating that is less than satisfactory? 

In addition to revising the heading of 

§ 385.413 to be a short descriptive 

phrase, FMCSA also amends the section 

by moving the context for the 

regulation’s requirements from the 

heading to the body of the regulation, in 

order to clarify the regulation. 

Appendix B to Part 385—Explanation of 

Safety Rating Process 

Part 385 covers FMCSA’s safety 

fitness procedures, and appendix B to 

part 385 provides an explanation of the 

safety rating process. Within appendix 

B, section III.B. explains that proposed 

safety ratings of ‘‘conditional’’ and 

‘‘unsatisfactory’’ will become final 45 

days after they are received, and the 

explanation uses the word ‘‘you.’’ The 

use of the word ‘‘you’’ is unnecessary 

and may cause confusion, therefore 

FMCSA amends the appendix to avoid 

using it in this instance. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 90613 

J. Part 387—Minimum Levels of 

Financial Responsibility for Motor 

Carriers 

Section 387.307 Property Broker 

Surety Bond or Trust Fund 

FMCSA revises § 387.307(e)(5) and (6) 

to clarify that a broker’s or freight 

forwarder’s operating authority 

registration will be suspended 7 

business days after the date a notice of 

pending suspension is served, not 7 

business days after the date printed on 

the notice. This aligns with the 

Agency’s service rules in part 386 and 

ensures that, when service is 

accomplished by mail, brokers and 

freight forwarders will receive the 

additional 5 days prescribed in 

§ 386.8(c) to file a response before the 

suspension takes effect. 

FMCSA also revises § 387.307(e)(5) to 

clarify the Agency’s review process 

when a broker submits information in 

response to notification from the 

Agency that the broker’s operating 

authority is pending suspension for 

failure to maintain adequate financial 

security. When this rule was issued on 

November 16, 2023 (88 FR 78656), the 

procedures specified in § 387.307(e)(6), 

which apply when a broker seeks 

reinstatement of its operating authority 

after being suspended, were also 

intended to apply to § 387.307(e)(5). 

However, due to a drafting error, the 

sentence ‘‘FMCSA will consider such 

evidence and provide written notice to 

the broker of its determination’’ was 

omitted from § 387.307(e)(5). FMCSA is 

therefore adding this sentence to 

§ 387.307(e)(5), to reflect that the 

Agency’s obligation to review evidence 

a broker submits and provide a response 

is consistent, regardless of whether the 

Agency receives information prior to a 

suspension or after a suspension has 

occurred. 

K. Part 389—Rulemaking Procedures— 

Federal Motor Carrier Safety 

Regulations 

Section 389.13 Initiation of 

Rulemaking 

Section 389.13(a) describes how the 

Administrator may initiate a 

rulemaking, paragraph (b) describes 

certain steps the Administrator must 

take when promulgating a major rule, 

and paragraph (c) describes exceptions 

to the requirements of paragraph (b). 

The last sentence of paragraph (c) 

explains when a proposed rule should 

be evaluated to determine whether 49 

CFR 5.17 applies. Section 5.17 was a 

former regulation in the CFR titled 

‘‘Special procedures for economically 

significant and high-impact 

rulemakings’’ and was removed in the 

final rule ‘‘Administrative Rulemaking, 

Guidance, and Enforcement 

Procedures’’ published on April 2, 2021 

(86 FR 17292). When § 5.17 was 

removed, § 389.13 should have been 

amended to remove the last sentence of 

paragraph (c). FMCSA corrects this 

oversight by amending § 389.13 to 

remove the reference to § 5.17. 

Section 389.41 Severability 

FMCSA adds a new section that sets 

forth the Agency’s policy on the 

severability of regulatory provisions in 

its final rules. Rules often address 

numerous provisions that are not 

inextricably intertwined. Therefore, 

FMCSA generally considers such 

provisions to be severable, meaning that 

if any provision in a rule is later held 

to be invalid, the remainder of the rule 

is not affected. If provisions of a rule are 

so inextricably intertwined that the 

invalidation of one provision would 

affect another, FMCSA generally 

explains the relationship between those 

provisions in the rule’s preamble. 

Adding this section will improve 

rulemaking efficiency by allowing 

FMCSA to cite to the regulation in 

future rulemakings. Because this new 

section relates to Agency policy and 

practice, notice and comment is not 

required in order for the Agency to 

codify these practices in a new section 

of the regulations. 

L. Part 390—Federal Motor Carrier 

Safety Regulations; General 

As with part 350, FMCSA also revises 

part 390, subpart C, to eliminate the 

current question-and-answer format in 

favor of standard styling. This set of 

revisions includes a revision to the 

currently suspended § 390.40 to mirror 

the amendment made to the 

corresponding temporary section. All 

section headings that are phrased as 

questions will be rephrased as brief 

descriptive phrases pertaining to the 

section’s content, but the body text of 

the regulations is unchanged unless 

otherwise stated below. FMCSA’s 

reasoning for making this change in part 

390 is the same as for part 350. As used 

in these regulations, the question-andanswer format is cumbersome, difficult 

to read, and may cause confusion, and 

the Agency finds the regulations are 

clearer and more useful when standard 

styling is used. FMCSA also makes 

other amendments to part 390, which 

are described below. 

Section 390.27 Locations of Motor 

Carrier Safety Service Centers 

Section 390.27 provides the addresses 

of the motor carrier safety service 

centers. FMCSA revises § 390.27 to 

change the address of the Midwestern 

Service Center from 4749 Lincoln Mall 

Drive, Suite 300A, Matteson, Illinois 

60443 to 600 Holiday Plaza Drive, Suite 

240, Matteson, Illinois 60443. The 

Midwestern Service Center moved in 

May 2024, requiring this update to the 

address. 

Section 390.44 What are the 

procedures to correct the safety record 

of a motor carrier or an intermodal 

equipment provider? 

In addition to revising the heading of 

§ 390.44 to be a short descriptive phrase, 

FMCSA also amends the section to 

relocate the context for the regulation’s 

requirements from the heading to the 

body. 

Section 390.125 Qualified VA 

Examiner Certification Training 

Subpart D of part 390 covers the 

medical examiner certification 

requirements for qualified Department 

of Veterans Affairs (VA) examiners, and 

§ 390.125 requires that they complete 

certain training as part of the 

certification process. In June 2018, 

FMCSA adopted a rule that created an 

alternative process for certain VA 

healthcare professionals to be listed on 

the National Registry of Certified 

Medical Examiners (National Registry) 

(83 FR 26846, June 11, 2018). At the 

time, VA and FMCSA had planned to 

deliver the training through a web-based 

system operated by VA. Since that time, 

the technological capabilities of the 

National Registry system have been 

enhanced. Accordingly, VA and FMCSA 

now plan to deliver the training via the 

National Registry system, which will be 

more convenient for the qualified VA 

examiners. FMCSA revises § 390.125 to 

reflect this change in training delivery. 

Section 390.127 Qualified VA 

Examiner Certification Testing 

Section 390.127 requires that 

qualified VA examiners pass the 

medical examiner certification test as 

part of the certification process. Similar 

to the training required by § 390.125, the 

test was previously planned to be 

administered through a web-based 

system operated by VA. Because of the 

enhanced National Registry system 

capabilities, VA and FMCSA now plan 

to deliver the testing via the National 

Registry system, which will be more 

convenient for the qualified VA 

examiners. FMCSA revises § 390.127 to 

reflect this change in test 

administration. 


lotter on DSK11XQN23PROD with RULES1
90614 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 

2Moss Rehabilitation Hospital, Krusen Center for 

Research and Engineering. Limb Prosthetics for the 

Bureau of Motor Carrier Safety. Washington: 

Department of Transportation, Federal Highway 

Administration, Bureau of Motor Carrier Safety, 

1977. Available at https://www.fmcsa.dot.gov/ 

regulations/medical/krusen-study-limb-prosthetics 

(last accessed May 28, 2024). 

3Merriam-Webster Dictionary. Available at 

https://www.merriam-webster.com/dictionary/ 

prehension (last accessed May 28, 2024). 

4Beginning in 1964, individuals who did not 

satisfy the physical qualification requirements for 

limb loss or impairment were allowed to become 

medically certified through a waiver process (29 FR 

14495, Oct. 22, 1964). After a change to FHWA’s 

waiver authority and the creation of FMCSA in 

2000, § 391.49 was amended to reframe the waiver 

process as an alternative physical qualification 

standard with SPE certificates instead of waivers 

(65 FR 25285, May 1, 2000). 

M. Part 391—Qualifications of Drivers 

and Longer Combination Vehicle (LCV) 

Driver Instructors 

Section 391.45 Persons Who Must Be 

Medically Examined and Certified 

FMCSA revises § 391.45(c) to change 

‘‘intra-city’’ to ‘‘intracity,’’ to conform 

the styling of the term with its use in 

other FMCSRs, including § 390.5T, 

‘‘Definitions.’’ 

Section 391.49 Alternative Physical 

Qualification Standards for the Loss or 

Impairment of Limbs 

FMCSA amends § 391.49(d)(3)(i)(B) 

and (d)(3)(ii)(C) to clarify the meaning, 

effect, and effective date of the current 

requirement that individuals must be 

capable of demonstrating precision 

prehension and power grasp prehension 

with each upper limb separately to be 

eligible for a skill performance 

evaluation (SPE) certificate issued by 

FMCSA. An SPE certificate allows 

individuals who do not meet FMCSA’s 

physical qualification standards in 

§ 391.41(b)(1) for limb loss or (b)(2) for 

limb impairment to operate a CMV in 

interstate commerce subject to the 

terms, conditions, and limitations 

provided on the certificate. 

On December 5, 1985, FHWA 

published a final rule amending 

§ 391.49 to incorporate its policy that 

required an individual with upper limb 

loss or impairment ‘‘to be capable of 

demonstrating precision prehension 

. . . and power grasp prehension . . . 

in each upper limb separately’’ (50 FR 

49849). FHWA indicated that the 

requirement was based on the technical 

expertise and rehabilitation experiences 

of the personnel of the Krusen Center 

for Research and Engineering, which 

developed a report in 1977 for FHWA 

titled ‘‘Limb Prosthetics for the Bureau 

of Motor Carrier Safety’’ 2 (Krusen 

Study) (50 FR at 49850–51). 

The term prehension is commonly 

defined to mean the act of taking hold, 

seizing, or grasping.3 The more specific 

medical terms precision prehension and 

power grasp prehension were used in 

the regulation to communicate clearly 

and effectively with the medical 

professionals who state whether an 

individual is capable of demonstrating 

precision prehension and power grasp 

prehension; however, these medical 

terms often are not understood by 

individuals applying for SPE 

certificates. 

The Krusen Study explains the terms 

in the context of a hand on page II–2 as 

follows: 

Grasp, or prehension, activities are of two 

types: power grip and precision grip. The 

power grip is especially important in the 

driver’s ability to grasp the steering wheel. In 

the power grip, a clamping force is produced 

by wrapping the fingers around the wheel 

against the counterpressure offered by the 

palm and thumb. In a precision grip, an 

object like a pencil is held just between the 

tips of the fingers and the opposing thumb. 

Accordingly, demonstrating power 

grasp prehension requires use of the 

palm and fingers/thumb of a hand, 

while demonstrating precision 

prehension requires use of the fingers/ 

thumb of a hand. 

FHWA stated that the effect of the 

requirement that an individual must be 

capable of demonstrating precision 

prehension and power grasp prehension 

in each upper limb separately was that 

individuals with loss of a hand or arm 

will be required to be properly fitted 

with a functional prosthesis and be 

proficient in its use prior to applying for 

a waiver 4 (50 FR at 49849 and 49851). 

Individuals with upper limb 

impairment will be required to be fitted 

with a functional orthotic device and be 

proficient in its use prior to applying to 

a waiver, if the individual is not capable 

of demonstrating precision prehension 

and power grasp prehension in each 

upper limb separately without a device 

(50 FR at 49849 and 49851). Although 

FHWA included in the regulation that 

the requirement that an individual must 

be capable of demonstrating precision 

prehension and power grasp prehension 

in each upper limb separately does not 

apply to an individual who was granted 

a waiver absent a prosthetic or orthotic 

device prior to the 1985 amendment, 

FMCSA has determined that individuals 

applying for an SPE certificate would 

benefit from a clearer statement of the 

effect of the requirement. 

For the reasons provided above, 

FMCSA clarifies § 391.49(d)(3)(i)(B) by 

changing the explanation of precision 

prehension from ‘‘(e.g., manipulating 

knobs and switches)’’ to ‘‘(e.g., grasping 

and manipulating knobs and switches 

using the fingers/thumb)’’ and by 

changing the explanation of power grasp 

prehension from ‘‘(e.g., holding and 

maneuvering the steering wheel)’’ to 

‘‘(e.g., grasping, holding, and 

maneuvering the steering wheel using a 

hand).’’ Because precision prehension 

and power grasp prehension are 

demonstrated by a hand, FMCSA 

changes ‘‘with each upper limb 

separately’’ to ‘‘with each hand 

separately’’ for clarity. To clarify the 

effect of the current requirement, 

FMCSA adds the following as a new 

second sentence: ‘‘Prior to applying for 

an SPE certificate, an applicant with 

loss of a hand or arm must be fitted and 

proficient with a proper prosthesis that 

enables the applicant to demonstrate 

precision prehension and power grasp 

prehension with each hand separately.’’ 

In the last sentence, FMCSA adds a date 

for the requirement by changing ‘‘prior 

to the publication of this amendment’’ 

to ‘‘prior to January 6, 1986, the 

effective date of the requirement’’ for 

clarity and the convenience of the 

reader. 

Similarly, FMCSA clarifies 

§ 391.49(d)(3)(ii)(C) by changing the 

explanation of precision prehension 

from ‘‘(e.g., manipulating knobs and 

switches)’’ to ‘‘(e.g., grasping and 

manipulating knobs and switches using 

the fingers/thumb)’’ and by changing the 

explanation of power grasp prehension 

from ‘‘(e.g., holding and maneuvering 

the steering wheel)’’ to ‘‘(e.g., grasping, 

holding, and maneuvering the steering 

wheel using a hand).’’ Because precision 

prehension and power grasp prehension 

are demonstrated by a hand, FMCSA 

changes ‘‘with each upper limb 

separately’’ to ‘‘with each hand 

separately’’ for clarity. To clarify the 

effect of the current requirement and 

FMCSA’s practice of allowing use of 

either a prosthesis or orthotic device as 

appropriate when upper limb 

impairment is present, FMCSA adds the 

following as a new second sentence: 

‘‘Prior to applying for an SPE certificate, 

an applicant with upper limb 

impairment must be fitted and 

proficient with a proper prosthesis or 

orthotic device, if the applicant is not 

capable of demonstrating precision 

prehension and power grasp prehension 

with each hand separately without a 

prosthesis or orthotic device.’’ In the 

last sentence, FMCSA adds a date for 

the requirement by changing ‘‘prior to 

the publication of this amendment’’ to 

‘‘prior to January 6, 1986, the effective 

date of the requirement’’ for clarity and 

the convenience of the reader. FMCSA 

also changes ‘‘an SPE certificate’’ in the 

last sentence to ‘‘a waiver’’ to make the 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 90615 

sentence factually correct. SPE 

certificates were not available prior to 

January 6, 1986. This error occurred in 

2000 when a universal change was 

made to replace ‘‘waiver’’ with ‘‘SPE 

certificate,’’ or its equivalent, 

throughout § 391.49 (65 FR 25285, 

25286, May 1, 2000). 

Section 391.62 Limited Exemptions for 

Intra-City Zone Drivers 

FMCSA revises the title of § 391.62 to 

change ‘‘intra-city’’ to ‘‘intracity,’’ to 

conform the styling of the term with its 

use in the body of the section and other 

FMCSRs, including § 390.5T, 

‘‘Definitions.’’ 

N. Part 393—Parts and Accessories 

Necessary for Safe Operation 

As with part 350, FMCSA is also 

revising part 393, subpart I, to eliminate 

the current question-and-answer format 

in favor of standard styling. All section 

headings that are phrased as questions 

will be rephrased as brief descriptive 

phrases pertaining to the section’s 

content, but the body text of the 

regulations is unchanged unless 

otherwise stated below. FMCSA’s 

reasoning for making this change in part 

393 is the same as for part 350. As used 

in these regulations, the question-andanswer format is cumbersome, difficult 

to read, and may cause confusion, and 

the Agency finds the regulations are 

clearer and more useful when standard 

styling is used. FMCSA is also making 

other amendments to part 393, which 

are described below. 

Section 393.5 Definitions 

FMCSA amends the § 393.5 definition 

of ‘‘longwood’’ to expressly include 

utility poles. This amendment was 

previously included in a final rule that 

published June 22, 2006 (71 FR 35819), 

however, the amendment was not 

codified in the regulations and utility 

poles were not expressly included in the 

definition of ‘‘longwood’’ FMCSA 

amends § 393.5 to correct this oversight. 

O. Part 395—Hours of Service of Drivers 

Automatic on-board recording devices 

(AOBRDs) are electric, electronic, 

electromechanical, or mechanical 

device used to record information 

pertinent to a driver’s duty status 

information, for the purpose of tracking 

the driver’s hours of service. As part of 

the AOBRD final rule, issued on 

September 30, 1988, § 395.15 codified in 

the regulations and prescribed the 

specific requirements for using such 

devices (53 FR 38670). Subsequently, 

Congress mandated the use of a different 

type of device, known as an electronic 

logging device (ELD), in Section 

32301(b) of the Commercial Motor 

Vehicle Safety Enhancement Act, 

enacted as part of MAP–21 (Pub. L. 112– 

141, 126 Stat. 405, 786–788, July 6, 

2012). FMCSA implemented this 

requirement on December 16, 2015, but 

allowed drivers and motor carriers to 

continue using certain AOBRDs until 

December 16, 2019 (80 FR 78292). As 

this date has passed and all drivers and 

carriers are now required to use ELDs, 

FMCSA is now making updates to part 

395 to remove the requirements for 

AOBRDs in § 395.15, as well as multiple 

references to AOBRDs in other sections. 

Section 395.1 Scope of Rules in This 

Part 

Section § 395.1 contains the hours-ofservice exceptions for part 395, and 

paragraph (d) explains the exceptions 

for oilfield operations. In describing 

how waiting time should be recorded, 

paragraph (d) references both §§ 395.8 

and 395.15. Since drivers are no longer 

permitted to use AOBRDs to track hours 

of service, FMCSA removes the 

reference to § 395.15 in § 395.1(d). 

Section 395.2 Definitions 

FMCSA amends § 395.2 by removing 

the definition for ‘‘automatic on board 

recording device,’’ for the reasons stated 

above. 

Section 395.8 Driver’s Record of Duty 

Status 

FMCSA amends § 395.8 to remove 

cross references to AOBRDs and part 

§ 395.15 for the reasons stated above. 

Specifically, FMCSA removes 

§ 395.8(a)(1)(ii), renumbers the 

remaining paragraphs, and updates the 

cross-references to those paragraphs 

accordingly. Additionally, FMCSA 

removes current paragraph (a)(1)(iv)(B) 

and renumbers the remaining 

paragraphs accordingly. 

FMCSA revises § 395.8(e)(2) and (3) 

by removing the references to AOBRDs. 

Section 395.13 Drivers Ordered Out of 

Service 

FMCSA revises § 395.13 to remove the 

cross-reference to § 395.15, for the 

reasons stated above. 

Section 395.15 Automatic On-Board 

Recording Devices [Reserved] 

FMCSA removes and reserves 

§ 395.15, for the reasons stated above. 

P. Part 397—Transportation of 

Hazardous Materials; Driving and 

Parking Rules 

Section 397.65 Definitions 

Section 397.65 provides definitions 

that apply to part 397, subpart C— 

Routing of Non-Radioactive Hazardous 

Materials, including a definition for the 

term ‘‘commerce.’’ When that definition 

was adopted, it contained an error, 

referring to its paragraph (1) as 

subparagraph (a) (59 FR 51824, 51830 

(Oct. 12, 1994)). FMCSA amends this 

section to correct the error. 

III. 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 within the Office of 

Management and Budget (OMB) 

determined that this final rulemaking is 

not a significant regulatory action under 

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

Changes to §§ 390.125 and 390.127 

are expected to result in cost savings. 

Originally, the Department of Veterans 

Affairs’ (VA) medical examiner training 

and certification testing were to be 

delivered through a web-based platform 

operated by VA. To facilitate this 

initiative, FMCSA estimated the cost to 

develop an information technology (IT) 

connection between the National 

Registry and the VA platform to be 

$258,000 with the costs split evenly 

between FMCSA and VA, i.e., $129,000 

each. Because the National Registry has 

been unavailable, the alternative process 


lotter on DSK11XQN23PROD with RULES1
90616 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 

5A 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)). 

6Public Law 108–447, 118 Stat. 2809, 3268, note 

following 5 U.S.C. 552a (Dec. 4, 2014). 

7Public Law 107–347, sec. 208, 116 Stat. 2899, 

2921 (Dec. 17, 2002). 

to get VA healthcare providers on the 

National Registry has not yet been 

implemented. Under the new approach 

in which the training and testing are to 

be delivered via the National Registry, it 

is no longer necessary to develop the IT 

connection originally included in the 

costs of the rule. Therefore, there will be 

cost savings for VA of at least $129,000 

under the new approach. 

As part of the National Registry 

rebuild, FMCSA is scheduled to build 

mechanisms to deliver training for 

medical examiners for two other areas 

within the National Registry system. 

Once these two mechanisms are built, 

there will be a platform in existence to 

deliver training to medical examiners, 

and only minor modifications will be 

necessary to add another training area 

and an area for testing for the qualified 

VA examiners. Thus, the costs to 

FMCSA are expected to be minimal and 

significantly lower than the $129,000 

allocated to FMCSA for the IT 

connection that is no longer needed. 

Therefore, there will be cost savings for 

FMCSA of up to $129,000. 

B. Congressional Review Act 

This rule is not a major rule as 

defined under the Congressional Review 

Act (5 U.S.C. 801–808).5

C. Regulatory Flexibility Act (Small 

Entities) 

Pursuant to the Regulatory Flexibility 

Act of 1980 (5 U.S.C. 601 et seq.), as 

amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (Pub. L. 104–121, 110 Stat. 857), 

FMCSA is not required to prepare a 

regulatory flexibility analysis under 5 

U.S.C. 604(a) for this final rule because 

FMCSA has not issued a notice of 

proposed rulemaking prior to this 

action. 

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), FMCSA 

wants to assist small entities in 

understanding this final rule so they can 

better evaluate its effects on themselves 

and participate in the rulemaking 

initiative. If the final rule will affect 

your small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce or otherwise determine 

compliance with Federal regulations to 

the Small Business Administration’s 

Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

(Office of the National Ombudsman, see 

https://www.sba.gov/about-sba/ 

oversight-advocacy/office-nationalombudsman) and the Regional Small 

Business Regulatory Fairness Boards. 

The Ombudsman evaluates these 

actions annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of FMCSA, call 1–888–REG– 

FAIR (1–888–734–3247). DOT has a 

policy regarding the rights of small 

entities to regulatory enforcement 

fairness and an explicit policy against 

retaliation for exercising these rights. 

E. Unfunded Mandates Reform Act of 

1995 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) (UMRA) 

requires Federal agencies to assess the 

effects of their discretionary regulatory 

actions. The Act addresses actions that 

may result in the expenditure by a State, 

local, or Tribal government, in the 

aggregate, or by the private sector of 

$200 million (which is the value 

equivalent of $100 million in 1995, 

adjusted for inflation to 2023 levels) or 

more in any 1 year. Though this final 

rule would not result in such an 

expenditure, and the analytical 

requirements of UMRA do not apply as 

a result, the Agency discusses the effects 

of this rule elsewhere in this preamble. 

F. Paperwork Reduction Act 

This proposed rule contains no new 

information collection requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3520). 

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 

The Consolidated Appropriations Act, 

2005,6 requires the Agency to assess the 

privacy impact of a regulation that will 

affect the privacy of individuals. 

Because this rule does not require the 

collection of personally identifiable 

information, 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 2002,7

requires Federal agencies to conduct a 

Privacy Impact Analysis (PIA) for new 

or substantially changed technology that 

collects, maintains, or disseminates 

information in an identifiable form. No 

new or substantially changed 

technology will collect, maintain, or 

disseminate information as a result of 

this rule. Accordingly, FMCSA has not 

conducted a PIA. 

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 (NEPA) (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), 

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 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 90617 

of an environmental assessment or 

environmental impact statement is not 

necessary. 

List of Subjects 

49 CFR Part 350 

Grant programs-transportation, 

Highway safety, Motor carriers, Motor 

vehicle safety, Reporting and 

recordkeeping requirements, State and 

local governments. 

49 CFR Part 369 

Motor carriers, Reporting and 

recordkeeping requirements. 

49 CFR Part 371 

Brokers, Motor carriers, Reporting and 

recordkeeping requirements. 

49 CFR Part 380 

Administrative practice and 

procedure, Highway safety, Motor 

carriers, Reporting and recordkeeping 

requirements. 

49 CFR Part 381 

Motor carriers. 

49 CFR Parts 382 and 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 387 

Buses, Freight, Freight forwarders, 

Hazardous materials transportation, 

Highway safety, Insurance, 

Intergovernmental relations, Motor 

carriers, Motor vehicle safety, Moving of 

household goods, Penalties, Reporting 

and recordkeeping requirements, Surety 

bonds. 

49 CFR Part 389 

Administrative practice and 

procedure, Highway safety, Motor 

carriers, Motor vehicle safety. 

49 CFR Part 390 

Highway safety, Intermodal 

transportation, Motor carriers, Motor 

vehicle safety, Reporting and 

recordkeeping requirements. 

49 CFR Part 391 

Alcohol abuse, Drug abuse, Drug 

testing, Highway safety, Motor carriers, 

Reporting and recordkeeping 

requirements, Safety, Transportation. 

49 CFR Part 393 

Highway safety, Motor carriers, Motor 

vehicle safety. 

49 CFR Part 395 

Highway safety, Motor carriers, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 397 

Highway safety, 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 350—MOTOR CARRIER SAFETY 

ASSISTANCE PROGRAM (MCSAP) 

AND HIGH PRIORITY PROGRAM 

■ 1. The authority citation for part 350 

continues to read as follows: 

Authority: 49 U.S.C. 504, 13902, 31101, 

31102, 31104, 31106, 31108, 31136, 31141, 

31161, 31310, 31311, 31502; secs. 5106 and 

5107, Pub. L. 114–94, 129 Stat. 1312, 1530; 

and 49 CFR 1.87. 

■ 2. Amend § 350.101 by revising the 

section heading to read as follows: 

§ 350.101 Purpose. 

* * * * * 

■ 3. Amend § 350.103 by revising the 

section heading to read as follows: 

§ 350.103 Effective date of changes to 

financial assistance programs. 

* * * * * 

■ 4. Amend § 350.105 by revising the 

section heading to read as follows: 

§ 350.105 Definitions. 

* * * * * 

■ 5. Amend § 350.201 by revising the 

section heading to read as follows: 

§ 350.201 MCSAP administration: Goal and 

purpose. 

* * * * * 

■ 6. Amend § 350.203 by revising the 

section heading to read as follows: 

§ 350.203 MCSAP administration: National 

MCSAP elements. 

* * * * * 

■ 7. Amend § 350.205 by revising the 

section heading to read as follows: 

§ 350.205 MCSAP administration: Funding 

eligibility. 

* * * * * 

■ 8. Amend § 350.207 by revising the 

section heading to read as follows: 

§ 350.207 MCSAP administration: 

Conditions to qualify for funds. 

* * * * * 

■ 9. Amend § 350.209 by revising the 

section heading to read as follows: 

§ 350.209 MCSAP administration: 

Application for funds using a CVSP. 

* * * * * 

■ 10. Amend § 350.211 by revising the 

heading to read as follows: 

§ 350.211 MCSAP administration: 

Requirements for the first year of the CVSP. 

* * * * * 

■ 11. Amend § 350.213 by revising the 

section heading to read as follows: 

§ 350.213 MCSAP administration: 

Requirements for the second and third 

years of the CVSP. 

* * * * * 

■ 12. Amend § 350.215 by revising the 

section heading to read as follows: 

§ 350.215 MCSAP administration: 

Response to CVSP. 

* * * * * 

■ 13. Amend § 350.217 by revising the 

section heading to read as follows: 

§ 350.217 MCSAP administration: 

Allocation of funds. 

* * * * * 

■ 14. Amend § 350.219 by revising the 

section heading to read as follows: 

§ 350.219 MCSAP administration: Award of 

funds under a continuing resolution or an 

extension of FMCSA’s authorization. 

* * * * * 

■ 15. Amend § 350.221 by revising the 

section heading to read as follows: 

§ 350.221 MCSAP administration: 

Availability of funds. 

* * * * * 

■ 16. Amend § 350.223 by revising the 

section heading to read as follows: 

§ 350.223 MCSAP administration: Federal 

and State shares of costs incurred. 

* * * * * 

■ 17. Amend § 350.225 by revising the 

section heading to read as follows: 

§ 350.225 MCSAP administration: 

Maintenance of effort to qualify for funds. 

* * * * * 

■ 18. Amend § 350.227 by revising the 

section heading to read as follows: 

§ 350.227 MCSAP administration: 

Activities eligible for reimbursement. 

* * * * * 

■ 19. Amend § 350.229 by revising the 

section heading to read as follows: 

§ 350.229 MCSAP administration: Specific 

costs eligible for reimbursement. 

* * * * * 


lotter on DSK11XQN23PROD with RULES1
90618 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 

■ 20. Amend § 350.231 by revising the 

section heading to read as follows: 

§ 350.231 MCSAP administration: 

Consequences for failure to meet 

conditions. 

* * * * * 

■ 21. Amend § 350.301 by revising the 

section heading to read as follows: 

§ 350.301 Compatibility review: Purpose. 

* * * * * 

■ 22. Amend § 350.303 by revising the 

section heading to read as follows: 

§ 350.303 Compatibility review: State 

responsibilities. 

* * * * * 

■ 23. Amend § 350.305 by revising the 

section heading, adding introductory 

text, and revising paragraph (d)(3) to 

read as follows: 

§ 350.305 Compatibility review: Allowable 

variances from the FMCSRs 

The following variances are allowed 

for State laws and regulations applicable 

to intrastate commerce and are not 

subject to Federal jurisdiction. 

* * * * * 

(d) * * * 

(3) A 150-air mile radius or the air 

mile radius under § 395.1(e)(1)(i) of this 

subchapter, whichever is greater. 

* * * * * 

■ 24. Amend § 350.307 by revising the 

section heading to read as follows: 

§ 350.307 Compatibility review: 

Procedures for obtaining a new exemption. 

* * * * * 

■ 25. Amend § 350.309 by revising the 

section heading to read as follows: 

§ 350.309 Compatibility review: 

Consequences of incompatible provisions. 

* * * * * 

■ 26. Amend § 350.401 by revising the 

section heading to read as follows: 

§ 350.401 High Priority Program: Purpose. 

* * * * * 

■ 27. Amend § 350.403 by revising the 

section heading to read as follows: 

§ 350.403 High Priority Program: 

Objectives. 

* * * * * 

■ 28. Amend § 350.405 by revising the 

section heading to read as follows: 

§ 350.405 High Priority Program: Funding 

conditions and qualifications. 

* * * * * 

■ 29. Amend § 350.407 by revising the 

section heading to read as follows: 

§ 350.407 High Priority Program: 

Application procedures. 

* * * * * 

■ 30. Amend § 350.409 by revising the 

section heading to read as follows: 

§ 350.409 High Priority Program: 

Responses to applications. 

* * * * * 

■ 31. Amend § 350.411 by revising the 

section heading to read as follows: 

§ 350.411 High Priority Program: 

Availability of funds. 

* * * * * 

■ 32. Amend § 350.413 by revising the 

section heading to read as follows: 

§ 350.413 High Priority Program: Federal 

and recipient shares of costs. 

* * * * * 

■ 33. Amend § 350.415 by revising the 

section heading to read as follows: 

§ 350.415 High Priority Program: Activities 

and projects eligible for reimbursement. 

* * * * * 

■ 34. Amend § 350.417 by revising the 

section heading to read as follows: 

§ 350.417 High Priority Program: Costs 

eligible for reimbursement. 

* * * * * 

PART 369—REPORTS OF MOTOR 

CARRIERS 

■ 35. The authority citation for part 369 

continues to read as follows: 

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

■ 36. Amend § 369.1 by revising 

paragraph (b) to read as follows: 

§ 369.1 Annual reports of for-hire, nonexempt motor carriers of property, motor 

carriers of household goods, and dual 

property carriers. 

* * * * * 

(b) Where to file report. Carriers must 

file the annual report with the Federal 

Motor Carrier Safety Administration at 

the address in § 369.6. Blank copies of 

the report form are available at the 

Federal Motor Carrier Safety 

Administration website https://

www.fmcsa.dot.gov/mission/form-m. 

■ 37. Amend § 369.4 by revising 

paragraph (c) to read as follows: 

§ 369.4 Annual reports of Class I carriers 

of passengers. 

* * * * * 

(c) Where to file report. The annual 

report shall be filed on or before March 

31 of the year following the year to 

which it relates. The annual report shall 

be filed with the Federal Motor Carrier 

Safety Administration at the address in 

§ 369.6. Blank copies of the report form 

are available at the Federal Motor 

Carrier Safety Administration website 

https://www.fmcsa.dot.gov/registration/ 

form-mp-1-annual-report-form-andworksheet-class-i-motor-carrierspassengers. 

PART 371—BROKERS OF PROPERTY 

■ 38. 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. 

■ 39. Section 371.2 is revised and 

republished to read as follows: 

§ 371.2 Definitions. 

Unless specifically defined elsewhere, 

in this part: 

Broker means a person who, for 

compensation, arranges, or offers to 

arrange, the transportation of property 

by an authorized motor carrier. Motor 

carriers, or persons who are employees 

or bona fide agents of carriers, are not 

brokers within the meaning of this 

section when they arrange or offer to 

arrange the transportation of shipments 

which they are authorized to transport 

and which they have accepted and 

legally bound themselves to transport. 

Bona fide agents are persons who are 

part of the normal organization of a 

motor carrier and perform duties under 

the carrier’s directions pursuant to a 

preexisting agreement which provides 

for a continuing relationship, 

precluding the exercise of discretion on 

the part of the agent in allocating traffic 

between the carrier and others. 

Brokerage or brokerage service is the 

arranging of transportation or the 

physical movement of a motor vehicle 

or of property. It can be performed on 

behalf of a motor carrier, consignor, or 

consignee. 

Non-brokerage service is all other 

service performed by a broker on behalf 

of a motor carrier, consignor, or 

consignee. 

PART 380—SPECIAL TRAINING 

REQUIREMENTS 

■ 40. The authority citation for part 380 

continues to read as follows: 

Authority: 49 U.S.C. 31133, 31136, 31305, 

31307, 31308, 31502; sec. 4007(a) and (b), 

Pub. L. 102–240, 105 Stat. 1914, 2151–2152; 

sec. 32304, Pub. L. 112–141, 126 Stat. 405, 

791; and 49 CFR 1.87. 

■ 41. Amend § 380.301 by revising the 

introductory text to read as follows: 

§ 380.301 General requirements. 

There are two types of LCV driverinstructors: Classroom instructors and 

Skills instructors. Except as provided in 

§ 380.303, an individual must meet the 

conditions under paragraph (a) or 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 90619 

paragraph (b) of this section to qualify 

as an LCV driver-instructor. 

* * * * * 

■ 42. Amend § 380.723 by: 

■ a. Revising paragraphs (c) 

introductory text, (c)(1)(iii), and the first 

sentence of paragraph (c)(2)(i); and 

■ b. Removing the word ‘‘notice’’ 

wherever it appears and adding in its 

place the word ‘‘notification’’. 

The revisions read as follows: 

§ 380.723 Removal from training provider 

registry: procedure. 

* * * * * 

(c) Response to notification of 

proposed removal and corrective action. 

A training provider that has received a 

notification of proposed removal and 

wishes to remain on the TPR must 

submit a written response to FMCSA no 

later than 30 days after the date of 

issuance of the notification. The 

response must explain why the provider 

believes that FMCSA has relied on 

erroneous information in proposing 

removal from the TPR, in accordance 

with paragraph (c)(1) of this section, or 

the response must state that the 

provider intends to comply with this 

subpart and complete the corrective 

action(s) specified in FMCSA’s 

notification of proposed removal, in 

accordance with paragraph (c)(2) of this 

section. If the provider responds to the 

notification of proposed removal by 

indicating the provider intends to 

comply and take corrective action, the 

provider must submit documentation of 

completion of corrective action(s) in 

accordance with paragraph (c)(2)(i) of 

this section. 

(1) * * * 

(iii) If the provider does not respond 

in writing within 30 days of the date of 

issuance of a notification of proposed 

removal, explaining why the decision is 

not proper or stating that the provider 

will complete the corrective actions in 

accordance with paragraph (c)(2) of this 

section, the removal becomes effective 

immediately and the provider will be 

removed from the TPR. Any training 

conducted after the removal date is 

invalid. 

(2) * * * 

(i) The provider must comply with 

this subpart and complete the corrective 

actions specified in the notification of 

proposed removal no later than 60 days 

after either the date of issuance of the 

notification of proposed removal or the 

date FMCSA subsequently affirms or 

modifies the notification of proposed 

removal. * * * 

* * * * * 

PART 381—WAIVERS, EXEMPTIONS, 

AND PILOT PROGRAMS 

■ 43. The authority citation for part 381 

continues to read as follows: 

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

49 CFR 1.87. 

■ 44. Amend § 381.210 by revising 

paragraph (c)(4) to read as follows: 

§ 381.210 How do I request a waiver? 

* * * * * 

(c) * * * 

(4) Explains how you would ensure 

that you could likely achieve a level of 

safety that is equivalent to, or greater 

than, the level of safety that would be 

obtained in the absence of the waiver. 

■ 45. Amend § 381.310 by revising 

paragraph (c)(5) to read as follows: 

§ 381.310 How do I apply for an 

exemption? 

* * * * * 

(c) * * * 

(5) Explains how you would ensure 

that you could likely achieve a level of 

safety that is equivalent to, or greater 

than, the level of safety that would be 

achieved absent such exemption; and 

* * * * * 

■ 46. Amend § 381.505 by revising 

paragraph (a) to read as follows: 

§ 381.505 What are the minimum elements 

required for a pilot program? 

(a) Safety measures. Before granting 

exemptions for a pilot program, the 

FMCSA will ensure that the safety 

measures in a pilot program are 

designed to achieve a level of safety that 

is equivalent to, or greater than, the 

level of safety that would otherwise be 

achieved through compliance with the 

regulations prescribed. 

* * * * * 

PART 382—CONTROLLED 

SUBSTANCES AND ALCOHOL USE 

AND TESTING 

■ 47. 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. 

§ 382.101 [Amended] 

■ 48. Amend § 382.101 by adding 

‘‘(CMVs)’’ to the end of sentence. 

§ 382.103 [Amended] 

■ 49. Amend § 382.103 by: 

■ a. Removing ‘‘§ 390.3(f)’’ wherever it 

appears and adding in its 

place‘‘§ 390.3T(f)’’; and 

■ b. Removing ‘‘§ 390.5’’ wherever it 

appears and adding in its place 

‘‘§ 390.5T’’. 

■ 50. Amend § 382.107 by: 

■ a. Revising the introductory text; and 

■ b. Revising the defined term of 

‘‘Commercial motor vehicle’’ to read as 

‘‘Commercial motor vehicle (CMV)’’. 

The revisions read as follows: 

§ 382.107 Definitions. 

Words or phrases used in this part are 

defined in §§ 386.2 and 390.5T of this 

subchapter, and § 40.3 of this title, 

except as provided in this section— 

* * * * * 

Commercial motor vehicle (CMV) 

* * * 

* * * * * 

■ 51. Revise § 382.413 to read as 

follows: 

§ 382.413 Inquiries for alcohol and 

controlled substances information from 

previous employers. 

(a) Employers must request alcohol 

and controlled substances information 

from previous employers in accordance 

with the requirements of § 391.23(e). 

(b) As of January 6, 2023, employers 

must use the Drug and Alcohol 

Clearinghouse in accordance with 

§ 382.701(a) to comply with the 

requirements of § 391.23(e) with respect 

to FMCSA-regulated employers. 

Exception: When an employee who is 

subject to follow-up testing has not 

successfully completed all follow-up 

tests, employers must request the 

employee’s follow-up testing plan 

directly from the previous employer in 

accordance with § 391.23(e)(4)(i). 

(c) If an applicant was subject to an 

alcohol and controlled substance testing 

program under the requirements of a 

DOT Agency other than FMCSA, the 

employer must request the alcohol and 

controlled substances information 

required under this section and 

§ 391.23(e) directly from those 

employers regulated by a DOT Agency 

other than FMCSA. 

§ 382.501 [Amended] 

■ 52. Amend § 382.501 paragraph (b) by 

removing the semicolon and adding in 

its place a comma. 

§ 382.601 [Amended] 

■ 53. Amend § 382.601 by removing 

‘‘§ 382.303(d)’’ wherever it appears and 

adding in its place ‘‘§ 382.303’’. 

PART 383—COMMERCIAL DRIVER’S 

LICENSE STANDARDS; 

REQUIREMENTS AND PENALTIES 

■ 54. 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. 


lotter on DSK11XQN23PROD with RULES1
90620 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 

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. 

§ 383.141 [Amended] 

■ 55. Amend § 383.141 by removing in 

the introductory text of paragraph (b) 

the word ‘‘state’’ and adding in its place 

the word ‘‘State’’. 

PART 384—STATE COMPLIANCE 

WITH COMMERCIAL DRIVER’S 

LICENSE PROGRAM 

■ 56. The authority citation for part 384 

continues to read as follows: 

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. 

§ 384.405 [Amended] 

■ 57. Amend § 384.405 in paragraph (a) 

introductory text by removing the word 

‘‘may’’ and adding in its place the word 

‘‘shall’’. 

PART 385—SAFETY FITNESS 

PROCEDURES 

■ 58. 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. 

■ 59. Amend § 385.201 by revising the 

section heading to read as follows: 

§ 385.201 Qualifications for performing a 

safety audit or investigation. 

* * * * * 

■ 60. Amend § 385.203 by revising the 

section heading to read as follows: 

§ 385.203 Certification requirements for 

performing a safety audit or investigation. 

* * * * * 

■ 61. Revise § 385.205 to read as 

follows: 

§ 385.205 Requirements for recertification. 

An individual who has lost 

certification to perform a safety audit or 

investigation, including review, can 

only be re-certified if they successfully 

complete the requirements of 

§ 385.203(a) and (b). 

■ 62. Amend § 385.207 by revising the 

section heading to read as follows: 

§ 385.207 Requirements to obtain and 

maintain certification to conduct driver or 

vehicle inspections. 

* * * * * 

■ 63. Amend § 385.301 by: 

■ a. Lifting the suspension of the 

section; 

■ b. Revising the section heading; and 

■ c. Suspending the section indefinitely. 

The revision reads as follows: 

§ 385.301 Requirements before beginning 

interstate operations. 

* * * * * 

■ 64. Amend § 385.301T by revising the 

section heading to read as follows: 

§ 385.301T Requirements before beginning 

interstate operations. 

* * * * * 

■ 65. Amend § 385.303 by: 

■ a. Lifting the suspension of the 

section; 

■ b. Revising the section heading; and 

■ c. Suspending the section indefinitely. 

The revision reads as follows: 

§ 385.303 How to Register with FMCSA. 

* * * * * 

■ 66. Amend § 385.303T by revising the 

section heading to read as follows: 

§ 385.303T How to Register with FMCSA. 

* * * * * 

■ 67. Amend § 385.305 by: 

■ a. Lifting the suspension of the 

section; 

■ b. Revising the section heading; and 

■ c. Suspending the section indefinitely. 

The revision reads as follows: 

§ 385.305 Completing the registration 

process. 

* * * * * 

■ 68. Amend § 385.305T by revising the 

section heading to read as follows: 

§ 385.305T Completing the registration 

process. 

* * * * * 

■ 69. Amend § 385.306 by revising the 

section heading to read as follows: 

§ 385.306 Consequences of furnishing 

misleading information or making a false 

statement. 

* * * * * 

■ 70. Amend § 385.307 by revising the 

section heading to read as follows: 

§ 385.307 New entrant safety monitoring 

procedures. 

* * * * * 

■ 71. Amend § 385.308 by revising the 

section heading to read as follows: 

§ 385.308 Expedited safety audits and 

compliance reviews of new entrants. 

* * * * * 

■ 72. Amend § 385.309 by revising the 

section heading to read as follows: 

§ 385.309 Safety audit: Purpose. 

* * * * * 

■ 73. Amend § 385.311 by revising the 

section heading to read as follows: 

§ 385.311 Safety audit: Scope. 

* * * * * 

■ 74. Amend § 385.313 by revising the 

section heading to read as follows: 

§ 385.313 Safety audit: Auditor. 

* * * * * 

■ 75. Amend § 385.315 by revising the 

section heading to read as follows: 

§ 385.315 Safety audit: Location. 

* * * * * 

■ 76. Amend § 385.317 by revising the 

section heading to read as follows: 

§ 385.317 Safety audit: Safety fitness 

determination. 

* * * * * 

■ 77. Amend § 385.319 by revising the 

section heading to read as follows: 

§ 385.319 Safety audit: Completion. 

* * * * * 

■ 78. Amend § 385.321 by revising the 

section heading to read as follows: 

§ 385.321 Safety audit: Failure. 

* * * * * 

■ 79. Amend § 385.323 by revising the 

section heading to read as follows: 

§ 385.323 Safety audit: Extensions for 

corrective action. 

* * * * * 

■ 80. Amend § 385.325 by revising the 

section heading to read as follows: 

§ 385.325 Safety audit: Outcomes of a 

corrective action notice. 

* * * * * 

■ 81. Amend § 385.327 by revising the 

section heading to read as follows: 

§ 385.327 Safety audit: Administrative 

review. 

* * * * * 

■ 82. Amend § 385.329 by: 

■ a. Lifting the suspension of the 

section; 

■ b. Revising the section heading; and 

■ c. Suspending the section indefinitely. 

The revision reads as follows: 

§ 385.329 Re-application. 

* * * * * 

■ 83. Amend § 385.329T by revising the 

section heading to read as follows: 

§ 385.329T Re-application. 

* * * * * 

■ 84. Amend § 385.331 by revising the 

section heading to read as follows: 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 90621 

§ 385.331 New entrant violation of out-ofservice order. 

* * * * * 

■ 85. Amend § 385.333 by revising the 

section heading to read as follows: 

§ 385.333 Conclusion of 18-month safety 

monitoring period. 

* * * * * 

■ 86. Amend § 385.335 by revising the 

section heading to read as follows: 

§ 385.335 Compliance review in lieu of 

safety audit. 

* * * * * 

■ 87. Amend § 385.337 by revising the 

section heading to read as follows: 

§ 385.337 New entrant refusal to permit 

safety audit. 

* * * * * 

■ 88. Amend § 385.401 by revising the 

section heading to read as follows: 

§ 385.401 Hazardous materials safety 

permits: Purpose and scope. 

* * * * * 

■ 89. Amend § 385.402 by revising the 

section heading to read as follows: 

§ 385.402 Hazardous materials safety 

permits: Definitions. 

* * * * * 

■ 90. Amend § 385.403 by revising the 

section heading to read as follows: 

§ 385.403 Prohibited transportation 

without safety permit. 

* * * * * 

■ 91. Amend § 385.405 by: 

■ a. Lifting the suspension of the 

section; 

■ b. Revising the section heading; and 

■ c. Suspending the section indefinitely. 

The revision reads as follows: 

§ 385.405 Application for safety permit. 

* * * * * 

■ 92. Amend § 385.405T by revising the 

section heading to read as follows: 

§ 385.405T Application for safety permit. 

* * * * * 

■ 93. Amend § 385.407 by revising the 

section heading and revising and 

republishing paragraph (a)(2) to read as 

follows: 

§ 385.407 Requirements for a safety 

permit. 

(a) * * * 

(2) FMCSA will not issue a safety 

permit to a motor carrier that: 

(i) Does not certify that it has a 

satisfactory security program as required 

in § 385.407(b); 

(ii) Has a crash rate in the top 30 

percent of the national average as 

indicated in the FMCSA Motor Carrier 

Management Information System 

(MCMIS); 

(iii) Has a driver, vehicle, hazardous 

materials, or total out-of-service rate in 

the top 30 percent of the national 

average as indicated in the MCMIS; or 

(iv) Does not have the minimum 

financial responsibility required by 

§ 387.9 of this chapter or an applicable 

State requirement. 

* * * * * 

■ 94. Amend § 385.409 by: 

■ a. Lifting the suspension of the 

section; 

■ b. Revising the section heading; 

■ c. Revising and republishing 

paragraph (a); and 

■ d. Suspending the section 

indefinitely. 

The revision reads as follows: 

§ 385.409 Temporary safety permit. 

(a) If a motor carrier does not meet the 

criteria of § 385.407(a), FMCSA may 

issue it a temporary safety permit. To 

obtain a temporary safety permit, a 

motor carrier must certify on Form 

MCSA–1, the URS online application, 

that it is operating in full compliance 

with the HMRs, with the FMCSRs, and/ 

or comparable State regulations, 

whichever is applicable; and with the 

minimum financial responsibility 

requirements in part 387 of this 

subchapter or in State regulations, 

whichever is applicable. 

* * * * * 

■ 95. Amend § 385.409T by revising the 

section heading and revising and 

republishing paragraph (a) to read as 

follows: 

§ 385.409T Temporary safety permit. 

(a) If a motor carrier does not meet the 

criteria in § 385.407(a), FMCSA may 

issue it a temporary safety permit. To 

obtain a temporary safety permit a 

motor carrier must certify on Form 

MCS–150B that it is operating in full 

compliance with the HMRs; with the 

FMCSRs, and/or comparable State 

regulations, whichever is applicable; 

and with the minimum financial 

responsibility requirements in part 387 

of this chapter or in State regulations, 

whichever is applicable. 

* * * * * 

■ 96. Revise § 385.411 to read as 

follows: 

§ 385.411 State-issued safety permit. 

A motor carrier must comply with the 

requirements of this subpart even if it 

has a State-issued safety permit. 

However, if FMCSA is able to verify that 

a motor carrier has a safety permit 

issued by a State under a program that 

FMCSA has determined to be equivalent 

to the provisions of this subpart, 

FMCSA will immediately issue a safety 

permit to the motor carrier upon receipt 

of an application in accordance with 

§ 385.405T, without further inspection 

or investigation. 

■ 97. Revise § 385.413 to read as 

follows: 

§ 385.413 Proposed safety rating less than 

Satisfactory. 

(a) If a motor carrier receives a 

proposed safety rating that is less than 

Satisfactory and does not already have 

a safety permit, it will not be issued a 

safety permit (including a temporary 

safety permit) unless and until a 

Satisfactory safety rating is issued to the 

motor carrier. 

(b) If a motor carrier receives a 

proposed safety rating that is less than 

Satisfactory and holds a safety permit 

(including a temporary safety permit), 

the safety permit will be subject to 

revocation or suspension (see 

§ 385.421). 

■ 98. Amend § 385.415 by revising the 

section heading to read as follows: 

§ 385.415 Operational requirements for the 

transportation of a hazardous material for 

which a permit is required. 

* * * * * 

■ 99. Amend § 385.417 by revising the 

section heading to read as follows: 

§ 385.417 Availability of motor carrier’s 

safety permit number. 

* * * * * 

■ 100. Amend § 385.419 by: 

■ a. Lifting the suspension of the 

section; 

■ b. Revising the section heading; and 

■ c. Suspending the section indefinitely. 

The revision reads as follows: 

§ 385.419 Effective period of safety permit. 

* * * * * 

■ 101. Amend § 385.419T by revising 

the section heading to read as follows: 

§ 385.419T Effective period of safety 

permit. 

* * * * * 

■ 102. Amend § 385.421 by: 

■ a. Lifting the suspension of the 

section; 

■ b. Revising the section heading; and 

■ c. Suspending the section indefinitely. 

The revision reads as follows: 

§ 385.421 Revocation or suspension of 

safety permit. 

* * * * * 

■ 103. Amend § 385.421T by revising 

the section heading to read as follows: 

§ 385.421T Revocation or suspension of 

safety permit. 

* * * * * 


lotter on DSK11XQN23PROD with RULES1
90622 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 

■ 104. Amend § 385.423 by revising the 

section heading to read as follows: 

§ 385.423 Administrative review of a 

denial, suspension, or revocation of a 

safety permit. 

* * * * * 

Appendix B to Part 385 [Amended] 

■ 105. Amend Appendix B in section 

III.B. by removing the words ‘‘you 

receive’’ wherever it appears and adding 

in its place the words ‘‘receipt of’’. 

PART 387—MINIMUM LEVELS OF 

FINANCIAL RESPONSIBILITY FOR 

MOTOR CARRIERS 

■ 106. 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. 

■ 107. Amend § 387.307 by revising and 

republishing paragraphs (e)(5) and (6) to 

read as follows: 

§ 387.307 Property broker surety bond or 

trust fund. 

* * * * * 

(e) * * * 

(5) Upon notification by the surety 

company or financial institution in 

accordance with paragraphs (e)(1) 

through (4) of this section, FMCSA will 

provide written notice to the broker that 

its operating authority registration 

issued pursuant to part 365 of this 

chapter will be suspended within 7 

business days of service of the notice 

unless the broker provides written 

evidence to FMCSA that the notification 

was sent in error, the surety bond or 

trust fund has been restored to the 

$75,000 amount required by this 

section, or the pending claims have 

been satisfied without the use of surety 

bond or trust fund assets. FMCSA will 

consider such evidence and provide 

written notice to the broker of its 

determination. 

(6) If the broker fails to respond to the 

notice within 7 business days of service 

of the notice, FMCSA will enter a 

suspension of the broker’s authority and 

provide written notice to the broker that 

the suspension is in effect. A broker 

whose authority has been suspended 

may request that FMCSA lift the 

suspension by providing written 

evidence that the notification was sent 

in error; the surety bond or trust fund 

has been restored to the $75,000 amount 

required by this section; or the pending 

claims have been satisfied without the 

use of surety bond or trust fund assets. 

FMCSA will consider such evidence 

and provide written notice to the broker 

of its determination. 

* * * * * 

PART 389—RULEMAKING 

PROCEDURES—FEDERAL MOTOR 

CARRIER SAFETY REGULATIONS 

■ 108. 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. 

§ 389.13 [Amended] 

■ 109. Amend § 389.13 by removing the 

last sentence of paragraph (c). 

■ 110. Add § 389.41 to subpart B to read 

as follows: 

§ 389.41 Severability. 

If any provision of a rule issued under 

this part is held invalid, the remaining 

provisions are not affected unless 

specifically stated otherwise in the rule. 

PART 390—FEDERAL MOTOR 

CARRIER SAFETY REGULATIONS; 

GENERAL 

■ 111. 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. 

■ 112. Amend § 390.27 by revising in 

the table the entry for ‘‘Midwestern’’ to 

read as follows: 

§ 390.27 Locations of motor carrier safety 

service centers. 

Service center Territory included Location of office 

*******

Midwestern ........................... Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, 

Missouri, Nebraska, Ohio, Wisconsin.

600 Holiday Plaza Drive, Suite 240, Matteson, Illinois 

60443. 

* * * * * * * 

* * * * * 

■ 113. Amend § 390.40 by: 

■ a. Lifting the suspension of the 

section; 

■ b. Revising the section heading; and 

■ c. Suspending the section indefinitely. 

The revision reads as follows: 

§ 390.40 Intermodal equipment providers. 

* * * * * 

■ 114. Amend § 390.40T by revising the 

section heading to read as follows: 

§ 390.40T Intermodal equipment providers. 

* * * * * 

■ 115. Amend § 390.42 by revising the 

section heading to read as follows: 

§ 390.42 Drivers and motor carriers 

operating intermodal equipment. 

* * * * * 

■ 116. Amend § 390.44 by revising the 

section heading to read as follows: 

§ 390.44 Correcting the safety record of a 

motor carrier or an intermodal equipment 

provider. 

* * * * * 

■ 117. Amend § 390.46 by revising the 

section heading to read as follows: 

§ 390.46 Preemption of State and local 

laws and regulations on the inspection, 

repair, and maintenance of intermodal 

equipment. 

* * * * * 

■ 118. Revise § 390.125 to read as 

follows: 

§ 390.125 Qualified VA examiner 

certification training. 

A qualified VA examiner applying for 

certification under §§ 390.123 through 

390.135 must complete training 

developed and provided by FMCSA 

through the National Registry of 

Certified Medical Examiners system. 

■ 119. Revise § 390.127 to read as 

follows: 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 90623 

§ 390.127 Qualified VA examiner 

certification testing. 

To receive medical examiner 

certification from FMCSA under 

§§ 390.123 through 390.135, a qualified 

VA examiner must pass the medical 

examiner certification test developed 

and provided by FMCSA through the 

National Registry of Certified Medical 

Examiners system. 

PART 391—QUALIFICATIONS OF 

DRIVERS AND LONGER 

COMBINATION VEHICLE (LCV) 

DRIVER INSTRUCTORS 

■ 120. 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. 

§ 391.45 [Amended] 

■ 121. Amend § 391.45 by removing the 

word ‘‘intra-city’’ wherever it appears 

and adding in its place the word 

‘‘intracity’’. 

■ 122. Amend § 391.49 by revising 

paragraphs (d)(3)(i)(B) and (d)(3)(ii)(C) 

to read as follows: 

§ 391.49 Alternative physical qualification 

standards for the loss or impairment of 

limbs. 

* * * * * 

(d) * * * 

(3) * * * 

(i) * * * 

(B) A statement by the examiner that 

the applicant is capable of 

demonstrating precision prehension 

(e.g., grasping and manipulating knobs 

and switches using the fingers/thumb) 

and power grasp prehension (e.g., 

grasping, holding, and maneuvering the 

steering wheel using a hand) with each 

hand separately. Prior to applying for an 

SPE certificate, an applicant with loss of 

a hand or arm must be fitted and 

proficient with a proper prosthesis that 

enables the applicant to demonstrate 

precision prehension and power grasp 

prehension with each hand separately. 

This requirement does not apply to an 

individual who was granted a waiver, 

absent a prosthetic device, prior to 

January 6, 1986, the effective date of the 

requirement. 

(ii) * * * 

(C) A statement by the examiner that 

the applicant is capable of 

demonstrating precision prehension 

(e.g., grasping and manipulating knobs 

and switches using the fingers/thumb) 

and power grasp prehension (e.g., 

grasping, holding, and maneuvering the 

steering wheel using a hand) with each 

hand separately. Prior to applying for an 

SPE certificate, an applicant with upper 

limb impairment must be fitted and 

proficient with a proper prosthesis or 

orthotic device, if the applicant is not 

capable of demonstrating precision 

prehension and power grasp prehension 

with each hand separately without a 

prosthesis or orthotic device. This 

requirement does not apply to an 

individual who was granted a waiver, 

absent an orthotic device, prior to 

January 6, 1986, the effective date of the 

requirement. 

* * * * * 

■ 123. Amend § 391.62 by revising the 

section heading to read as follows: 

§ 391.62 Limited exemptions for intracity 

zone drivers. 

* * * * * 

PART 393—PARTS AND 

ACCESSORIES NECESSARY FOR 

SAFE OPERATION 

■ 124. The authority citation for part 

393 continues to read as follows: 

Authority: 49 U.S.C. 31136, 31151, 31502; 

sec. 1041(b), Pub. L. 102–240, 105 Stat. 1914, 

1993; secs. 5301 and 5524, Pub. L. 114–94, 

129 Stat. 1312, 1543, 1560; and 49 CFR 1.87. 

■ 125. Amend § 393.5 by revising the 

definition of ‘‘Longwood’’ to read as 

follows: 

§ 393.5 Definitions. 

* * * * * 

Longwood. All logs, including utility 

poles, that are not shortwood, i.e., are 

over 4.9 m (16 feet) long. Such logs are 

usually described as long logs or 

treelength. 

* * * * * 

■ 126. Amend § 393.100 by revising the 

section heading to read as follows: 

§ 393.100 Applicability and general 

requirements of cargo securement 

standards. 

* * * * * 

■ 127. Amend § 393.102 by revising the 

section heading to read as follows: 

§ 393.102 Minimum performance criteria 

for cargo securement devices and systems. 

* * * * * 

■ 128. Amend § 393.104 by revising the 

section heading to read as follows: 

§ 393.104 Standards for cargo securement 

devices and systems. 

* * * * * 

■ 129. Amend § 393.106 by revising the 

section heading to read as follows: 

§ 393.106 General requirements for 

securing articles of cargo. 

* * * * * 

■ 130. Amend § 393.108 by revising the 

section heading to read as follows: 

§ 393.108 Determining the working load 

limit of a tiedown or the load restraining 

value of a friction mat. 

* * * * * 

■ 131. Amend § 393.110 by revising the 

section heading to read as follows: 

§ 393.110 Additional requirements for 

determining the minimum number of 

tiedowns. 

* * * * * 

■ 132. Amend § 393.112 by revising the 

section heading to read as follows: 

§ 393.112 Adjustability of tiedowns. 

* * * * * 

■ 133. Amend § 393.114 by revising the 

section heading to read as follows: 

§ 393.114 Requirements for front end 

structures used as part of a cargo 

securement system. 

* * * * * 

■ 134. Amend § 393.116 by revising the 

section heading to read as follows: 

§ 393.116 Specific securement 

requirements for logs. 

* * * * * 

■ 135. Amend § 393.118 by revising the 

section heading to read as follows: 

§ 393.118 Specific securement 

requirements for dressed lumber and 

similar building products. 

* * * * * 

■ 136. Amend § 393.120 by revising the 

section heading to read as follows: 

§ 393.120 Specific securement 

requirements for metal coils. 

* * * * * 

■ 137. Amend § 393.122 by revising the 

section heading to read as follows: 

§ 393.122 Specific securement 

requirements for paper rolls. 

* * * * * 

■ 138. Amend § 393.124 by revising the 

section heading to read as follows: 

§ 393.124 Specific securement 

requirements for concrete pipe. 

* * * * * 

■ 139. Amend § 393.126 by revising the 

section heading to read as follows: 

§ 393.126 Specific securement 

requirements for intermodal containers. 

* * * * * 

■ 140. Amend § 393.128 by revising the 

section heading to read as follows: 


lotter on DSK11XQN23PROD with RULES1
90624 Federal Register / Vol. 89, No. 222 / Monday, November 18, 2024 / Rules and Regulations 

§ 393.128 Specific securement 

requirements for automobiles, light trucks, 

and vans. 

* * * * * 

■ 141. Amend § 393.130 by revising the 

section heading to read as follows: 

§ 393.130 Specific securement 

requirements for heavy vehicles, 

equipment, and machinery. 

* * * * * 

■ 142. Amend § 393.132 by revising the 

section heading to read as follows: 

§ 393.132 Specific securement 

requirements for flattened or crushed 

vehicles. 

* * * * * 

■ 143. Amend § 393.134 by revising the 

section heading to read as follows: 

§ 393.134 Specific securement 

requirements for roll-on/roll-off and hook lift 

containers. 

* * * * * 

■ 144. Amend § 393.136 by revising the 

section heading to read as follows: 

§ 393.136 Specific securement 

requirements for large boulders. 

* * * * * 

PART 395—HOURS OF SERVICE OF 

DRIVERS 

■ 145. 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. 

■ 146. Amend § 395.1 by revising and 

republishing paragraph (d)(2) to read as 

follows. 

§ 395.1 Scope of rules in this part. 

* * * * * 

(d) * * * 

(2) In the case of specially trained 

drivers of commercial motor vehicles 

that are specially constructed to service 

oil wells, on-duty time shall not include 

waiting time at a natural gas or oil well 

site. Such waiting time shall be 

recorded as ‘‘off duty’’ for purposes of 

§ 395.8, with remarks or annotations to 

indicate the specific off-duty periods 

that are waiting time, or on a separate 

‘‘waiting time’’ line on the record of 

duty status to show that off-duty time is 

also waiting time. Waiting time shall not 

be included in calculating the 14-hour 

period in § 395.3(a)(2). Specially trained 

drivers of such commercial motor 

vehicles are not eligible to use the 

provisions of paragraph (e)(1) of this 

section. 

* * * * * 

§ 395.2 [Amended] 

■ 147. Amend § 395.2 by removing the 

definition of ‘‘Automatic on-board 

recording device’’. 

■ 148. Amend § 395.8 by revising 

paragraphs (a)(1) and (e)(2) and (3) to 

read as follows: 

§ 395.8 Driver’s record of duty status. 

(a) (1) Except for a private motor 

carrier of passengers (nonbusiness), as 

defined in § 390.5 of this subchapter, a 

motor carrier subject to the 

requirements of this part must require 

each driver used by the motor carrier to 

record the driver’s duty status for each 

24-hour period using the method 

prescribed in paragraphs (a)(1)(i) 

through (iii) of this section, as 

applicable. 

(i) Subject to paragraph (a)(1)(ii) of 

this section, a motor carrier operating 

commercial motor vehicles must install 

and require each of its drivers to use an 

ELD to record the driver’s duty status in 

accordance with subpart B of this part 

no later than December 18, 2017. 

(ii)(A) A motor carrier may require a 

driver to record the driver’s duty status 

manually in accordance with this 

section, rather than require the use of an 

ELD, if the driver is operating a 

commercial motor vehicle: 

(1) In a manner requiring completion 

of a record of duty status on not more 

than 8 days within any 30-day period; 

(2) In a driveaway-towaway operation 

in which the vehicle being driven is part 

of the shipment being delivered; 

(3) In a driveaway-towaway operation 

in which the vehicle being transported 

is a motor home or a recreation vehicle 

trailer; or 

(4) That was manufactured before 

model year 2000, as reflected in the 

vehicle identification number as shown 

on the vehicle’s registration. 

(B) The record of duty status must be 

recorded in duplicate for each 24-hour 

period for which recording is required. 

The duty status shall be recorded on a 

specified grid, as shown in paragraph (g) 

of this section. The grid and the 

requirements of paragraph (d) of this 

section may be combined with any 

company form. 

(iii) Subject to paragraphs (a)(1)(i) and 

(ii) of this section, until December 18, 

2017, a motor carrier operating 

commercial motor vehicles shall require 

each of its drivers to record the driver’s 

record of duty status: 

(A) Using an ELD that meets the 

requirements of subpart B of this part; 

or 

(B) Manually, recorded on a specified 

grid as shown in paragraph (g) of this 

section. The grid and the requirements 

of paragraph (d) of this section may be 

combined with any company form. The 

record of duty status must be recorded 

in duplicate for each 24-hour period for 

which recording is required. 

* * * * * 

(e) * * * 

(2) No driver or motor carrier may 

disable, deactivate, disengage, jam, or 

otherwise block or degrade a signal 

transmission or reception, or reengineer, 

reprogram, or otherwise tamper with an 

ELD so that the device does not 

accurately record and retain required 

data. 

(3) No driver or motor carrier may 

permit or require another person to 

disable, deactivate, disengage, jam, or 

otherwise block or degrade a signal 

transmission or reception, or reengineer, 

reprogram, or otherwise tamper with an 

ELD so that the device does not 

accurately record and retain required 

data. 

* * * * * 

§ 395.13 [Amended] 

■ 149. Amend § 395.13 in paragraph 

(b)(2) by removing the words ‘‘or 

§ 395.15 of this part’’. 

§ 395.15 [Removed and Reserved] 

■ 150. Remove and reserve § 395.15. 

PART 397—TRANSPORTATION OF 

HAZARDOUS MATERIALS; DRIVING 

AND PARKING RULES 

■ 151. The authority citation for part 

397 continues to read as follows: 

Authority: 49 U.S.C. 322; 49 CFR 1.87. 

Subpart A also issued under 49 U.S.C. 5103, 

31136, 31502, and 49 CFR 1.97. Subparts C, 

D, and E also issued under 49 U.S.C. 5112, 

5125. 

§ 397.65 [Amended] 

■ 152. Amend § 397.65 in paragraph (s) 

of the definition of ‘‘Commerce’’, by 

removing the words ‘‘subparagraph (a)’’ 

and adding in their place the words 

‘‘paragraph (1) of this definition’’. 

Issued under authority delegated in 49 CFR 

1.87. 

Vincent G. White, 

Deputy Administrator. 

[FR Doc. 2024–25514 Filed 11–15–24; 8:45 am] 

BILLING CODE 4910–EX–P 


lotter on DSK11XQN23PROD with RULES1