`[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Rules and Regulations]
[Pages 90608-90624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25514]


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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.

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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; 
[email protected].

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

[[Page 90609]]

(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\
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    \1\ Responsibility for the regulations related to section 18 of 
the Noise Control Act was given to FMCSA by Congress in section 101 
of the Motor Carrier Safety Improvement Act (Pub. L. 106-159, 113 
Stat. 1748, 1750, Dec. 9, 1999).
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    Congress subsequently expanded, modified, and amended FMCSA's 
authority in the Uniting and Strengthening America by Providing 
Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 
2001 (Pub. L. 107-56, 115 Stat. 272, Oct. 26, 2001); the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144, Aug. 10, 2005); 
the SAFETEA-LU Technical Corrections Act of 2008 (Pub. L. 110-244, 122 
Stat. 1572, June 6, 2008); the Moving Ahead for Progress in the 21st 
Century Act (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 Sec.  387.307(e) and so are made clearer with this 
amendment. Similarly, an amendment to part 389 also concerns matters of 
Agency policy. These changes are therefore excepted from the notice and 
public comment requirements.
    The APA also allows agencies to make rules effective immediately 
with good cause (5 U.S.C. 553(d)(3)), instead of requiring publication 
30 days prior to the effective date. For the reasons already stated, 
FMCSA finds there is good cause for this rule to be effective 
immediately.
    This rule contains numerous, unrelated provisions that focus on 
unique aspects of FMCSA's regulations. Therefore, FMCSA finds that the 
various provisions of this final rule are severable and able to operate 
functionally if severed from each other. In the event a court were to 
invalidate one or more of this final rule's unique provisions, the 
remaining provisions should stand.

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-and-answer 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.

[[Page 90610]]

    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 Sec.  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 Sec.  350.305(d)(3) to eliminate the reference 
to a 100-air mile radius under Sec.  395.1(e)(1)(i) because it is no 
longer correct. The regulations in part 350 relate to MCSAP funding, 
and Sec.  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 Sec.  350.341(d) prior to moving to its current location in 
Sec.  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 short-haul mile radius in the hours-of-service 
regulations, Sec.  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 Sec.  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 
Sec. Sec.  350.305(d)(3) and 395.1(e)(1)(i), it is nevertheless 
possible that the radius specified in Sec.  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 Sec.  
350.305(d)(3) to read as follows: ``A 150-air mile radius or the air 
mile radius under Sec.  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 Sec.  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 For-Hire, 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 Sec.  369.1(b), where the Agency has made Form M 
available, is no longer valid. FMCSA amends Sec.  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 Sec.  
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 Sec.  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 Sec.  
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 Sec.  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 
Sec.  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

[[Page 90611]]

required to submit evidence of corrective action in accordance with 
(c)(2)(i).
    FMCSA also amends section Sec.  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 Sec.  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 Sec.  
381.210 sets out the process for requesting a waiver and the required 
contents of the request. The regulations in Sec.  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 Sec.  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 Sec.  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 Sec.  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 
Sec. Sec.  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 
Sec.  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 Sec.  
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 Sec. Sec.  390.3(f) and 390.5, which are 
currently suspended. FMCSA revises Sec.  382.103 to cross-reference the 
equivalent temporary sections Sec. Sec.  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 Sec.  382.107 cross-references Sec.  390.5, which 
is currently suspended. FMCSA revises Sec.  382.107 to cross-reference 
the equivalent temporary section Sec.  390.5T.
    One of the terms defined in Sec.  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 Sec.  
382.303(a) and (b). FMCSA amends the definition of ``commercial motor 
vehicle'' in Sec.  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 Sec.  391.23(e), and so FMCSA amends Sec.  382.413 
to reference Sec.  391.23(e) rather than Sec.  40.25, for ease of 
reference. The amendment also enables paragraph (a) to be simplified. 
Although paragraph (a) references Sec.  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 
Sec.  40.25. Section 391.23(e) requires a 3-year time frame, and by 
referencing that section rather than Sec.  40.25, paragraph (a) no 
longer needs to specify a different time frame.
Section 382.501 Removal From Safety-Sensitive Function
    FMCSA revises Sec.  382.501(b) to replace the semicolon after 
``functions'' with a comma. This is a punctuation correction.

[[Page 90612]]

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 post-accident testing 
requirements, and in stating this requirement, Sec.  382.601 references 
Sec.  382.303(d). FMCSA amends Sec.  382.601 to change these cross-
references to instead reference Sec.  382.303 as a whole because there 
are post-accident testing requirements in other paragraphs of Sec.  
382.303 as well.

G. Part 383--Commercial Driver's License Standards; Requirements and 
Penalties

Section 383.141 General
    FMCSA revises Sec.  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-and-answer format in favor of 
standard styling. This set of revisions includes revisions to the 
currently suspended Sec. Sec.  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-and-answer 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 Sec.  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 Sec.  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 
Sec.  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 Sec.  385.5. Safety permits 
and financial responsibility are already linked by Sec.  385.407(a), 
which requires achieving a ``satisfactory'' safety rating as a 
prerequisite for issuance of a safety permit, and Sec.  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 Sec.  385.409 to be a short 
descriptive phrase, FMCSA also amends the section by removing the 
paragraph heading of Sec.  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 
Sec.  385.409T.
Section 385.409T When may a temporary safety permit be issued to a 
motor carrier?
    In addition to revising the heading of Sec.  385.409T to be a short 
descriptive phrase, FMCSA also amends the section by removing the 
paragraph heading of Sec.  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 Sec.  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, Sec.  385.411 
contains a cross-reference to Sec.  385.405, which is currently 
suspended, and FMCSA amends the section to reference Sec.  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 Sec.  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.

[[Page 90613]]

J. Part 387--Minimum Levels of Financial Responsibility for Motor 
Carriers

Section 387.307 Property Broker Surety Bond or Trust Fund
    FMCSA revises Sec.  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 Sec.  
386.8(c) to file a response before the suspension takes effect.
    FMCSA also revises Sec.  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 Sec.  387.307(e)(6), which apply when a broker 
seeks reinstatement of its operating authority after being suspended, 
were also intended to apply to Sec.  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 Sec.  387.307(e)(5). FMCSA is therefore adding this sentence to 
Sec.  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 Sec.  5.17 
was removed, Sec.  389.13 should have been amended to remove the last 
sentence of paragraph (c). FMCSA corrects this oversight by amending 
Sec.  389.13 to remove the reference to Sec.  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 Sec.  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-and-answer 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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  390.127 to reflect this 
change in test administration.

[[Page 90614]]

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 Sec.  391.45(c) to change ``intra-city'' to 
``intracity,'' to conform the styling of the term with its use in other 
FMCSRs, including Sec.  390.5T, ``Definitions.''
Section 391.49 Alternative Physical Qualification Standards for the 
Loss or Impairment of Limbs
    FMCSA amends Sec.  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 Sec.  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 Sec.  
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).
---------------------------------------------------------------------------

    \2\ Moss 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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \3\ Merriam-Webster Dictionary. Available at https://www.merriam-webster.com/dictionary/prehension (last accessed May 28, 
2024).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \4\ Beginning 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, Sec.  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).
---------------------------------------------------------------------------

    For the reasons provided above, FMCSA clarifies Sec.  
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 Sec.  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

[[Page 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 Sec.  391.49 (65 FR 25285, 25286, May 1, 2000).
Section 391.62 Limited Exemptions for Intra-City Zone Drivers
    FMCSA revises the title of Sec.  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 Sec.  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-and-answer 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 Sec.  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 Sec.  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, Sec.  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 
Sec.  395.15, as well as multiple references to AOBRDs in other 
sections.
Section 395.1 Scope of Rules in This Part
    Section Sec.  395.1 contains the hours-of-service 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 Sec. Sec.  395.8 and 395.15. Since 
drivers are no longer permitted to use AOBRDs to track hours of 
service, FMCSA removes the reference to Sec.  395.15 in Sec.  395.1(d).
Section 395.2 Definitions
    FMCSA amends Sec.  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 Sec.  395.8 to remove cross references to AOBRDs and 
part Sec.  395.15 for the reasons stated above. Specifically, FMCSA 
removes Sec.  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 Sec.  395.8(e)(2) and (3) by removing the references 
to AOBRDs.
Section 395.13 Drivers Ordered Out of Service
    FMCSA revises Sec.  395.13 to remove the cross-reference to Sec.  
395.15, for the reasons stated above.
Section 395.15 Automatic On-Board Recording Devices [Reserved]
    FMCSA removes and reserves Sec.  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 Sec. Sec.  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

[[Page 90616]]

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\
---------------------------------------------------------------------------

    \5\ A major rule means any rule that the Office of Management 
and Budget finds has resulted in or is likely to result in (a) an 
annual effect on the economy of $100 million or more; (b) a major 
increase in costs or prices for consumers, individual industries, 
geographic regions, Federal, State, or local government agencies; or 
(c) significant adverse effects on competition, employment, 
investment, productivity, innovation, or on the ability of United 
States-based enterprises to compete with foreign-based enterprises 
in domestic and export markets (5 U.S.C. 802(4)).
---------------------------------------------------------------------------

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-national-ombudsman) and the Regional Small Business Regulatory Fairness 
Boards. The Ombudsman evaluates these actions annually and rates each 
agency's responsiveness to small business. If you wish to comment on 
actions by employees of FMCSA, call 1-888-REG-FAIR (1-888-734-3247). 
DOT has a policy regarding the rights of small entities to regulatory 
enforcement fairness and an explicit policy against retaliation for 
exercising these rights.

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.
---------------------------------------------------------------------------

    \6\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5 
U.S.C. 552a (Dec. 4, 2014).
---------------------------------------------------------------------------

    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency that receives records contained in a system 
of records from a Federal agency for use in a matching program.
    The E-Government Act of 2002,\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.
---------------------------------------------------------------------------

    \7\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17, 
2002).
---------------------------------------------------------------------------

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

[[Page 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

0
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.


0
2. Amend Sec.  350.101 by revising the section heading to read as 
follows:


Sec.  350.101  Purpose.

* * * * *

0
3. Amend Sec.  350.103 by revising the section heading to read as 
follows:


Sec.  350.103  Effective date of changes to financial assistance 
programs.

* * * * *

0
4. Amend Sec.  350.105 by revising the section heading to read as 
follows:


Sec.  350.105  Definitions.

* * * * *

0
5. Amend Sec.  350.201 by revising the section heading to read as 
follows:


Sec.  350.201   MCSAP administration: Goal and purpose.

* * * * *

0
6. Amend Sec.  350.203 by revising the section heading to read as 
follows:


Sec.  350.203  MCSAP administration: National MCSAP elements.

* * * * *

0
7. Amend Sec.  350.205 by revising the section heading to read as 
follows:


Sec.  350.205   MCSAP administration: Funding eligibility.

* * * * *

0
8. Amend Sec.  350.207 by revising the section heading to read as 
follows:


Sec.  350.207  MCSAP administration: Conditions to qualify for funds.

* * * * *

0
9. Amend Sec.  350.209 by revising the section heading to read as 
follows:


Sec.  350.209   MCSAP administration: Application for funds using a 
CVSP.

* * * * *

0
10. Amend Sec.  350.211 by revising the heading to read as follows:


Sec.  350.211  MCSAP administration: Requirements for the first year of 
the CVSP.

* * * * *

0
11. Amend Sec.  350.213 by revising the section heading to read as 
follows:


Sec.  350.213   MCSAP administration: Requirements for the second and 
third years of the CVSP.

* * * * *

0
12. Amend Sec.  350.215 by revising the section heading to read as 
follows:


Sec.  350.215  MCSAP administration: Response to CVSP.

* * * * *

0
13. Amend Sec.  350.217 by revising the section heading to read as 
follows:


Sec.  350.217   MCSAP administration: Allocation of funds.

* * * * *

0
14. Amend Sec.  350.219 by revising the section heading to read as 
follows:


Sec.  350.219   MCSAP administration: Award of funds under a continuing 
resolution or an extension of FMCSA's authorization.

* * * * *

0
15. Amend Sec.  350.221 by revising the section heading to read as 
follows:


Sec.  350.221   MCSAP administration: Availability of funds.

* * * * *

0
16. Amend Sec.  350.223 by revising the section heading to read as 
follows:


Sec.  350.223   MCSAP administration: Federal and State shares of costs 
incurred.

* * * * *

0
17. Amend Sec.  350.225 by revising the section heading to read as 
follows:


Sec.  350.225  MCSAP administration: Maintenance of effort to qualify 
for funds.

* * * * *

0
18. Amend Sec.  350.227 by revising the section heading to read as 
follows:


Sec.  350.227  MCSAP administration: Activities eligible for 
reimbursement.

* * * * *

0
19. Amend Sec.  350.229 by revising the section heading to read as 
follows:


Sec.  350.229   MCSAP administration: Specific costs eligible for 
reimbursement.

* * * * *

[[Page 90618]]


0
20. Amend Sec.  350.231 by revising the section heading to read as 
follows:


Sec.  350.231  MCSAP administration: Consequences for failure to meet 
conditions.

* * * * *

0
21. Amend Sec.  350.301 by revising the section heading to read as 
follows:


Sec.  350.301  Compatibility review: Purpose.

* * * * *

0
22. Amend Sec.  350.303 by revising the section heading to read as 
follows:


Sec.  350.303   Compatibility review: State responsibilities.

* * * * *

0
23. Amend Sec.  350.305 by revising the section heading, adding 
introductory text, and revising paragraph (d)(3) to read as follows:


Sec.  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 Sec.  
395.1(e)(1)(i) of this subchapter, whichever is greater.
* * * * *

0
24. Amend Sec.  350.307 by revising the section heading to read as 
follows:


Sec.  350.307   Compatibility review: Procedures for obtaining a new 
exemption.

* * * * *

0
25. Amend Sec.  350.309 by revising the section heading to read as 
follows:


Sec.  350.309  Compatibility review: Consequences of incompatible 
provisions.

* * * * *

0
26. Amend Sec.  350.401 by revising the section heading to read as 
follows:


Sec.  350.401   High Priority Program: Purpose.

* * * * *

0
27. Amend Sec.  350.403 by revising the section heading to read as 
follows:


Sec.  350.403   High Priority Program: Objectives.

* * * * *

0
28. Amend Sec.  350.405 by revising the section heading to read as 
follows:


Sec.  350.405   High Priority Program: Funding conditions and 
qualifications.

* * * * *

0
29. Amend Sec.  350.407 by revising the section heading to read as 
follows:


Sec.  350.407   High Priority Program: Application procedures.

* * * * *

0
30. Amend Sec.  350.409 by revising the section heading to read as 
follows:


Sec.  350.409   High Priority Program: Responses to applications.

* * * * *

0
31. Amend Sec.  350.411 by revising the section heading to read as 
follows:


Sec.  350.411   High Priority Program: Availability of funds.

* * * * *

0
32. Amend Sec.  350.413 by revising the section heading to read as 
follows:


Sec.  350.413   High Priority Program: Federal and recipient shares of 
costs.

* * * * *

0
33. Amend Sec.  350.415 by revising the section heading to read as 
follows:


Sec.  350.415  High Priority Program: Activities and projects eligible 
for reimbursement.

* * * * *

0
34. Amend Sec.  350.417 by revising the section heading to read as 
follows:


Sec.  350.417  High Priority Program: Costs eligible for reimbursement.

* * * * *

PART 369--REPORTS OF MOTOR CARRIERS

0
35. The authority citation for part 369 continues to read as follows:

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


0
36. Amend Sec.  369.1 by revising paragraph (b) to read as follows:


Sec.  369.1  Annual reports of for-hire, non-exempt 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 Sec.  
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.

0
37. Amend Sec.  369.4 by revising paragraph (c) to read as follows:


Sec.  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 Sec.  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-and-worksheet-class-i-motor-carriers-passengers.

PART 371--BROKERS OF PROPERTY

0
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.


0
39. Section 371.2 is revised and republished to read as follows:


Sec.  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

0
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.


0
41. Amend Sec.  380.301 by revising the introductory text to read as 
follows:


Sec.  380.301  General requirements.

    There are two types of LCV driver-instructors: Classroom 
instructors and Skills instructors. Except as provided in Sec.  
380.303, an individual must meet the conditions under paragraph (a) or

[[Page 90619]]

paragraph (b) of this section to qualify as an LCV driver-instructor.
* * * * *

0
42. Amend Sec.  380.723 by:
0
a. Revising paragraphs (c) introductory text, (c)(1)(iii), and the 
first sentence of paragraph (c)(2)(i); and
0
b. Removing the word ``notice'' wherever it appears and adding in its 
place the word ``notification''.
    The revisions read as follows:


Sec.  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

0
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.


0
44. Amend Sec.  381.210 by revising paragraph (c)(4) to read as 
follows:


Sec.  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.

0
45. Amend Sec.  381.310 by revising paragraph (c)(5) to read as 
follows:


Sec.  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
* * * * *

0
46. Amend Sec.  381.505 by revising paragraph (a) to read as follows:


Sec.  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

0
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.


Sec.  382.101  [Amended]

0
48. Amend Sec.  382.101 by adding ``(CMVs)'' to the end of sentence.


Sec.  382.103  [Amended]

0
49. Amend Sec.  382.103 by:
0
a. Removing ``Sec.  390.3(f)'' wherever it appears and adding in its 
place``Sec.  390.3T(f)''; and
0
b. Removing ``Sec.  390.5'' wherever it appears and adding in its place 
``Sec.  390.5T''.

0
50. Amend Sec.  382.107 by:
0
a. Revising the introductory text; and
0
b. Revising the defined term of ``Commercial motor vehicle'' to read as 
``Commercial motor vehicle (CMV)''.
    The revisions read as follows:


Sec.  382.107  Definitions.

    Words or phrases used in this part are defined in Sec. Sec.  386.2 
and 390.5T of this subchapter, and Sec.  40.3 of this title, except as 
provided in this section--
* * * * *
    Commercial motor vehicle (CMV) * * *
* * * * *

0
51. Revise Sec.  382.413 to read as follows:


Sec.  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 Sec.  391.23(e).
    (b) As of January 6, 2023, employers must use the Drug and Alcohol 
Clearinghouse in accordance with Sec.  382.701(a) to comply with the 
requirements of Sec.  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 Sec.  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 Sec.  391.23(e) 
directly from those employers regulated by a DOT Agency other than 
FMCSA.


Sec.  382.501  [Amended]

0
52. Amend Sec.  382.501 paragraph (b) by removing the semicolon and 
adding in its place a comma.


Sec.  382.601  [Amended]

0
53. Amend Sec.  382.601 by removing ``Sec.  382.303(d)'' wherever it 
appears and adding in its place ``Sec.  382.303''.

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND 
PENALTIES

0
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.

[[Page 90620]]

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.


Sec.  383.141  [Amended]

0
55. Amend Sec.  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

0
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.


Sec.  384.405  [Amended]

0
57. Amend Sec.  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

0
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.

0
59. Amend Sec.  385.201 by revising the section heading to read as 
follows:


Sec.  385.201  Qualifications for performing a safety audit or 
investigation.

* * * * *


0
60. Amend Sec.  385.203 by revising the section heading to read as 
follows:


Sec.  385.203  Certification requirements for performing a safety audit 
or investigation.

* * * * *

0
61. Revise Sec.  385.205 to read as follows:


Sec.  385.205  Requirements for re-certification.

    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 Sec.  385.203(a) and (b).

0
62. Amend Sec.  385.207 by revising the section heading to read as 
follows:


Sec.  385.207  Requirements to obtain and maintain certification to 
conduct driver or vehicle inspections.

* * * * *

0
63. Amend Sec.  385.301 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading; and
0
c. Suspending the section indefinitely.
    The revision reads as follows:


Sec.  385.301  Requirements before beginning interstate operations.

* * * * *

0
64. Amend Sec.  385.301T by revising the section heading to read as 
follows:


Sec.  385.301T  Requirements before beginning interstate operations.

* * * * *

0
65. Amend Sec.  385.303 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading; and
0
c. Suspending the section indefinitely.
    The revision reads as follows:


Sec.  385.303  How to Register with FMCSA.

* * * * *

0
66. Amend Sec.  385.303T by revising the section heading to read as 
follows:


Sec.  385.303T  How to Register with FMCSA.

* * * * *

0
67. Amend Sec.  385.305 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading; and
0
c. Suspending the section indefinitely.
    The revision reads as follows:


Sec.  385.305  Completing the registration process.

* * * * *

0
68. Amend Sec.  385.305T by revising the section heading to read as 
follows:


Sec.  385.305T  Completing the registration process.

* * * * *

0
69. Amend Sec.  385.306 by revising the section heading to read as 
follows:


Sec.  385.306  Consequences of furnishing misleading information or 
making a false statement.

* * * * *

0
70. Amend Sec.  385.307 by revising the section heading to read as 
follows:


Sec.  385.307  New entrant safety monitoring procedures.

* * * * *

0
71. Amend Sec.  385.308 by revising the section heading to read as 
follows:


Sec.  385.308  Expedited safety audits and compliance reviews of new 
entrants.

* * * * *

0
72. Amend Sec.  385.309 by revising the section heading to read as 
follows:


Sec.  385.309  Safety audit: Purpose.

* * * * *

0
73. Amend Sec.  385.311 by revising the section heading to read as 
follows:


Sec.  385.311  Safety audit: Scope.

* * * * *

0
74. Amend Sec.  385.313 by revising the section heading to read as 
follows:


Sec.  385.313  Safety audit: Auditor.

* * * * *

0
75. Amend Sec.  385.315 by revising the section heading to read as 
follows:


Sec.  385.315  Safety audit: Location.

* * * * *

0
76. Amend Sec.  385.317 by revising the section heading to read as 
follows:


Sec.  385.317  Safety audit: Safety fitness determination.

* * * * *

0
77. Amend Sec.  385.319 by revising the section heading to read as 
follows:


Sec.  385.319  Safety audit: Completion.

* * * * *

0
78. Amend Sec.  385.321 by revising the section heading to read as 
follows:


Sec.  385.321  Safety audit: Failure.

* * * * *

0
79. Amend Sec.  385.323 by revising the section heading to read as 
follows:


Sec.  385.323  Safety audit: Extensions for corrective action.

* * * * *

0
80. Amend Sec.  385.325 by revising the section heading to read as 
follows:


Sec.  385.325  Safety audit: Outcomes of a corrective action notice.

* * * * *

0
81. Amend Sec.  385.327 by revising the section heading to read as 
follows:


Sec.  385.327  Safety audit: Administrative review.

* * * * *

0
82. Amend Sec.  385.329 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading; and
0
c. Suspending the section indefinitely.
    The revision reads as follows:


Sec.  385.329  Re-application.

* * * * *

0
83. Amend Sec.  385.329T by revising the section heading to read as 
follows:


Sec.  385.329T  Re-application.

* * * * *

0
84. Amend Sec.  385.331 by revising the section heading to read as 
follows:

[[Page 90621]]

Sec.  385.331  New entrant violation of out-of-service order.

* * * * *

0
85. Amend Sec.  385.333 by revising the section heading to read as 
follows:


Sec.  385.333  Conclusion of 18-month safety monitoring period.

* * * * *

0
86. Amend Sec.  385.335 by revising the section heading to read as 
follows:


Sec.  385.335  Compliance review in lieu of safety audit.

* * * * *

0
87. Amend Sec.  385.337 by revising the section heading to read as 
follows:


Sec.  385.337  New entrant refusal to permit safety audit.

* * * * *

0
88. Amend Sec.  385.401 by revising the section heading to read as 
follows:


Sec.  385.401  Hazardous materials safety permits: Purpose and scope.

* * * * *

0
89. Amend Sec.  385.402 by revising the section heading to read as 
follows:


Sec.  385.402  Hazardous materials safety permits: Definitions.

* * * * *

0
90. Amend Sec.  385.403 by revising the section heading to read as 
follows:


Sec.  385.403  Prohibited transportation without safety permit.

* * * * *

0
91. Amend Sec.  385.405 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading; and
0
c. Suspending the section indefinitely.
    The revision reads as follows:


Sec.  385.405  Application for safety permit.

* * * * *

0
92. Amend Sec.  385.405T by revising the section heading to read as 
follows:


Sec.  385.405T  Application for safety permit.

* * * * *

0
93. Amend Sec.  385.407 by revising the section heading and revising 
and republishing paragraph (a)(2) to read as follows:


Sec.  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 Sec.  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 
Sec.  387.9 of this chapter or an applicable State requirement.
* * * * *

0
94. Amend Sec.  385.409 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading;
0
c. Revising and republishing paragraph (a); and
0
d. Suspending the section indefinitely.
    The revision reads as follows:


Sec.  385.409  Temporary safety permit.

    (a) If a motor carrier does not meet the criteria of Sec.  
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.
* * * * *

0
95. Amend Sec.  385.409T by revising the section heading and revising 
and republishing paragraph (a) to read as follows:


Sec.  385.409T  Temporary safety permit.

    (a) If a motor carrier does not meet the criteria in Sec.  
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.
* * * * *

0
96. Revise Sec.  385.411 to read as follows:


Sec.  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 Sec.  385.405T, without further inspection or 
investigation.

0
97. Revise Sec.  385.413 to read as follows:


Sec.  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 Sec.  385.421).

0
98. Amend Sec.  385.415 by revising the section heading to read as 
follows:


Sec.  385.415  Operational requirements for the transportation of a 
hazardous material for which a permit is required.

* * * * *

0
99. Amend Sec.  385.417 by revising the section heading to read as 
follows:


Sec.  385.417  Availability of motor carrier's safety permit number.

* * * * *

0
100. Amend Sec.  385.419 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading; and
0
c. Suspending the section indefinitely.
    The revision reads as follows:


Sec.  385.419  Effective period of safety permit.

* * * * *

0
101. Amend Sec.  385.419T by revising the section heading to read as 
follows:


Sec.  385.419T  Effective period of safety permit.

* * * * *

0
102. Amend Sec.  385.421 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading; and
0
c. Suspending the section indefinitely.
    The revision reads as follows:


Sec.  385.421  Revocation or suspension of safety permit.

* * * * *

0
103. Amend Sec.  385.421T by revising the section heading to read as 
follows:


Sec.  385.421T  Revocation or suspension of safety permit.

* * * * *

[[Page 90622]]


0
104. Amend Sec.  385.423 by revising the section heading to read as 
follows:


Sec.  385.423  Administrative review of a denial, suspension, or 
revocation of a safety permit.

* * * * *

Appendix B to Part 385 [Amended]

0
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

0
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.


0
107. Amend Sec.  387.307 by revising and republishing paragraphs (e)(5) 
and (6) to read as follows:


Sec.  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

0
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.


Sec.  389.13  [Amended]

0
109. Amend Sec.  389.13 by removing the last sentence of paragraph (c).

0
110. Add Sec.  389.41 to subpart B to read as follows:


Sec.  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

0
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.


0
112. Amend Sec.  390.27 by revising in the table the entry for 
``Midwestern'' to read as follows:


Sec.  390.27  Locations of motor carrier safety service centers.

------------------------------------------------------------------------
       Service center          Territory included    Location of office
------------------------------------------------------------------------
 
                              * * * * * * *
Midwestern..................  Illinois, Indiana,    600 Holiday Plaza
                               Iowa, Kansas,         Drive, Suite 240,
                               Michigan,             Matteson, Illinois
                               Minnesota,            60443.
                               Missouri, Nebraska,
                               Ohio, Wisconsin.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

0
113. Amend Sec.  390.40 by:
0
a. Lifting the suspension of the section;
0
b. Revising the section heading; and
0
c. Suspending the section indefinitely.
    The revision reads as follows:


Sec.  390.40  Intermodal equipment providers.

* * * * *

0
114. Amend Sec.  390.40T by revising the section heading to read as 
follows:


Sec.  390.40T  Intermodal equipment providers.

* * * * *

0
115. Amend Sec.  390.42 by revising the section heading to read as 
follows:


Sec.  390.42  Drivers and motor carriers operating intermodal 
equipment.

* * * * *

0
116. Amend Sec.  390.44 by revising the section heading to read as 
follows:


Sec.  390.44  Correcting the safety record of a motor carrier or an 
intermodal equipment provider.

* * * * *

0
117. Amend Sec.  390.46 by revising the section heading to read as 
follows:


Sec.  390.46  Preemption of State and local laws and regulations on the 
inspection, repair, and maintenance of intermodal equipment.

* * * * *

0
118. Revise Sec.  390.125 to read as follows:


Sec.  390.125  Qualified VA examiner certification training.

    A qualified VA examiner applying for certification under Sec. Sec.  
390.123 through 390.135 must complete training developed and provided 
by FMCSA through the National Registry of Certified Medical Examiners 
system.

0
119. Revise Sec.  390.127 to read as follows:

[[Page 90623]]

Sec.  390.127  Qualified VA examiner certification testing.

    To receive medical examiner certification from FMCSA under 
Sec. Sec.  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

0
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.


Sec.  391.45  [Amended]

0
121. Amend Sec.  391.45 by removing the word ``intra-city'' wherever it 
appears and adding in its place the word ``intracity''.

0
122. Amend Sec.  391.49 by revising paragraphs (d)(3)(i)(B) and 
(d)(3)(ii)(C) to read as follows:


Sec.  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.
* * * * *

0
123. Amend Sec.  391.62 by revising the section heading to read as 
follows:


Sec.  391.62  Limited exemptions for intracity zone drivers.

* * * * *

PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

0
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.


0
125. Amend Sec.  393.5 by revising the definition of ``Longwood'' to 
read as follows:


Sec.  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.
* * * * *

0
126. Amend Sec.  393.100 by revising the section heading to read as 
follows:


Sec.  393.100  Applicability and general requirements of cargo 
securement standards.

* * * * *

0
127. Amend Sec.  393.102 by revising the section heading to read as 
follows:


Sec.  393.102  Minimum performance criteria for cargo securement 
devices and systems.

* * * * *

0
128. Amend Sec.  393.104 by revising the section heading to read as 
follows:


Sec.  393.104  Standards for cargo securement devices and systems.

* * * * *

0
129. Amend Sec.  393.106 by revising the section heading to read as 
follows:


Sec.  393.106  General requirements for securing articles of cargo.

* * * * *

0
130. Amend Sec.  393.108 by revising the section heading to read as 
follows:


Sec.  393.108  Determining the working load limit of a tiedown or the 
load restraining value of a friction mat.

* * * * *

0
131. Amend Sec.  393.110 by revising the section heading to read as 
follows:


Sec.  393.110  Additional requirements for determining the minimum 
number of tiedowns.

* * * * *

0
132. Amend Sec.  393.112 by revising the section heading to read as 
follows:


Sec.  393.112  Adjustability of tiedowns.

* * * * *

0
133. Amend Sec.  393.114 by revising the section heading to read as 
follows:


Sec.  393.114  Requirements for front end structures used as part of a 
cargo securement system.

* * * * *

0
134. Amend Sec.  393.116 by revising the section heading to read as 
follows:


Sec.  393.116  Specific securement requirements for logs.

* * * * *

0
135. Amend Sec.  393.118 by revising the section heading to read as 
follows:


Sec.  393.118  Specific securement requirements for dressed lumber and 
similar building products.

* * * * *

0
136. Amend Sec.  393.120 by revising the section heading to read as 
follows:


Sec.  393.120  Specific securement requirements for metal coils.

* * * * *

0
137. Amend Sec.  393.122 by revising the section heading to read as 
follows:


Sec.  393.122  Specific securement requirements for paper rolls.

* * * * *

0
138. Amend Sec.  393.124 by revising the section heading to read as 
follows:


Sec.  393.124  Specific securement requirements for concrete pipe.

* * * * *

0
139. Amend Sec.  393.126 by revising the section heading to read as 
follows:


Sec.  393.126  Specific securement requirements for intermodal 
containers.

* * * * *

0
140. Amend Sec.  393.128 by revising the section heading to read as 
follows:

[[Page 90624]]

Sec.  393.128  Specific securement requirements for automobiles, light 
trucks, and vans.

* * * * *

0
141. Amend Sec.  393.130 by revising the section heading to read as 
follows:


Sec.  393.130  Specific securement requirements for heavy vehicles, 
equipment, and machinery.

* * * * *

0
142. Amend Sec.  393.132 by revising the section heading to read as 
follows:


Sec.  393.132  Specific securement requirements for flattened or 
crushed vehicles.

* * * * *

0
143. Amend Sec.  393.134 by revising the section heading to read as 
follows:


Sec.  393.134  Specific securement requirements for roll-on/roll-off 
and hook lift containers.

* * * * *

0
144. Amend Sec.  393.136 by revising the section heading to read as 
follows:


Sec.  393.136  Specific securement requirements for large boulders.

* * * * *

PART 395--HOURS OF SERVICE OF DRIVERS

0
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.


0
146. Amend Sec.  395.1 by revising and republishing paragraph (d)(2) to 
read as follows.


Sec.  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 
Sec.  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 Sec.  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.
* * * * *


Sec.  395.2  [Amended]

0
147. Amend Sec.  395.2 by removing the definition of ``Automatic on-
board recording device''.

0
148. Amend Sec.  395.8 by revising paragraphs (a)(1) and (e)(2) and (3) 
to read as follows:


Sec.  395.8  Driver's record of duty status.

    (a) (1) Except for a private motor carrier of passengers 
(nonbusiness), as defined in Sec.  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.
* * * * *


Sec.  395.13  [Amended]

0
149. Amend Sec.  395.13 in paragraph (b)(2) by removing the words ``or 
Sec.  395.15 of this part''.


Sec.  395.15  [Removed and Reserved]

0
150. Remove and reserve Sec.  395.15.

PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND 
PARKING RULES

0
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.


Sec.  397.65  [Amended]

0
152. Amend Sec.  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`