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[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Rules and Regulations]
[Pages 16707-16709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8924]

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 387, 390, and 395

RIN 2125-AE07

Minimum Levels of Financial Responsibility for Motor Carriers; 
Hours of Service of Drivers; Technical Amendments

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; technical amendments.

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SUMMARY: This document amends the financial responsibility regulations 
to more broadly define the term State, and removes an unnecessary 
definition for the term farm-to-market agricultural transportation from 
the Federal Motor Carrier Safety Regulations (FMCSRs). This document 
also revises the hours of service of drivers regulations to clarify the 
requirement that a commercial motor vehicle (CMV) driver show either: 
the number assigned by the motor carrier, or the license number and 
licensing State of each CMV operated during a 24-hour period on his or 
her record of duty status.

DATES: Effective on April 8, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Peter C. Chandler, Office of Motor 
Carrier Research and Standards, (202) 366-5763, or Mr. Charles E. 
Medalen, Office of the Chief Counsel, (202) 366-1354, Federal Highway 
Administration, Department of Transportation, 400 Seventh Street, SW., 
Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., 
e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    The FHWA has identified technical amendments that are needed to add 
a broader definition for the term State to the financial responsibility 
regulations at Sec. 387.5, and to remove an unnecessary definition for 
the term farm-to-market agricultural transportation from the FMCSRs at 
Sec. 390.5. This document also clarifies the requirement that a CMV 
driver show either: (1) The number assigned by the motor carrier, or 
(2) the license and licensing State of each CMV operated during a 24-
hour period on his or her record of duty status. The amendments are 
discussed below.

Definitions (section 387.5)

    The financial responsibility regulations for motor carriers of 
property in subpart A of part 387, 49 CFR, implement section 30 of the 
Motor Carrier Act of 1980 (1980 Act) (Pub. L. 96-296, 94 Stat. 793, 
820, codified at 49 U.S.C. 31139). Section 387.5 of 49 CFR does not 
include a definition for the term State. Unless specifically defined in 
subchapter B, chapter III, 49 CFR, the definitions set forth in 
Sec. 390.5 are applicable to all parts (including subpart A of part 
387) in subchapter B.
    Section 390.5 defines the term State as ``a State of the United 
States and the District of Columbia and includes any political 
subdivision of a State.'' The term State is defined at 49 U.S.C. 
31139(a)(3), however, as ``a State of the United States, the District 
of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and 
the Northern Marianas.'' Thus, the regulatory definition for the term 
State at Sec. 390.5 in the context of minimal levels of financial 
responsibility for motor carriers of property, is narrower

[[Page 16708]]

than the term's corresponding statutory definition at 49 U.S.C. 
31139(a). The omission of a regulatory definition for the term State in 
subpart A of part 387 was an oversight by the FHWA and was not intended 
to set the jurisdictional parameter of the financial responsibility 
regulations for motor carriers of property at an extent less than the 
scope authorized by the 1980 Act. Accordingly, a definition for the 
term State, which is consistent with the term's statutory definition in 
the 1980 Act at 49 U.S.C. 31139(a)(3), is being added to Sec. 387.5 in 
order to fulfill the FHWA's intention to establish the jurisdictional 
parameter of the financial responsibility regulations for motor 
carriers of property at the fullest extent authorized by the 1980 Act.

Definitions (section 390.5)

    Section 390.5 includes a definition for the term farm-to-market 
agricultural transportation, but this term is no longer used at all in 
subchapter B of chapter III, 49 CFR. On February 2, 1993, the FHWA 
published a final rule in the Federal Register (58 FR 6726) which 
removed the accident notification and reporting requirements for motor 
carriers in part 394, 49 CFR, of the FMCSRs. The accidents that were 
required to be reported were specified in the definition of the term 
reportable accident, formerly at 49 CFR 394.3. Within paragraph (b)(3) 
of this definition, an occurrence in the course of farm-to-market 
agricultural transportation by a motor carrier was excluded as a 
reportable accident.
    The term farm-to-market agricultural transportation was formerly 
defined in the FMCSRs at Sec. 394.5. On May 19, 1988 (53 FR 18042), the 
definition for the term farm-to-market agricultural transportation was 
moved from Sec. 394.5 to Sec. 390.5. Upon the removal of the accident 
notification and reporting requirements from Sec. 394.3, the definition 
for the term farm-to-market agricultural transportation in Sec. 390.5 
was not removed as appropriate. The FHWA, therefore, is amending 
Sec. 390.5 by removing the definition for the term farm-to-market 
agricultural transportation because it is no longer necessary.

Driver's Record of Duty Status (Sec. 395.8)

    The FHWA published a final rule, ``Zero Base Review of the Federal 
Motor Carrier Safety Regulations; Correcting Amendments,'' at 60 FR 
38748, on July 28, 1995, which amended Sec. 395.8(f)(5), 49 CFR. This 
section requires a driver to record certain information which 
identifies each CMV operated during a 24-hour period on his or her 
record of duty status. The amendment was intended to replace the term 
vehicle with the more appropriate term commercial motor vehicle and to 
clarify that the requirement applied to bus drivers, but the amendment 
included an error. Section 395.8(f)(5) was amended to require the 
recording of the number assigned by the motor carrier or State, and the 
license number of the CMV. The FHWA intended, however, to require a CMV 
driver to show either: (1) The number assigned by the motor carrier, or 
(2) the license number and licensing State of each CMV operated during 
a 24-hour period on his or her record of duty status. Accordingly, the 
FHWA is amending Sec. 395.8(f)(5) to be consistent with the FHWA's 
intended requirement.

Rulemaking Analyses and Notices

    This final rule makes only technical amendments to the Federal 
Motor Carrier Safety Regulations. The FHWA believes that prior notice 
and opportunity for comment are unnecessary because this rule merely 
clarifies current regulations without making any substantive change in 
those regulations. The FHWA, therefore, finds good cause to adopt this 
rule without prior notice or opportunity for public comment (5 U.S.C. 
553(b)). The DOT's regulatory policies and procedures also authorize 
promulgation of the rule without prior notice because it is anticipated 
that such action would not result in the receipt of useful information. 
The FHWA is making the rule effective upon publication in the Federal 
Register because it imposes no new burdens and merely amends existing 
regulations (5 U.S.C. 553(d)).

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FHWA has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866 or 
significant within the meaning of Department of Transportation 
regulatory policies and procedures. Since this rulemaking action makes 
only technical, clarifying changes to the current regulations, this 
rulemaking will not have an economic impact on the motor carrier 
industry; therefore, a full regulatory evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 
5 U.S.C. 601-612), the FHWA has evaluated the effects of this rule on 
small entities. Based on the evaluation, and since this rulemaking 
action makes only technical, clarifying changes to the current 
regulations, the FHWA hereby certifies that this action will not have a 
significant economic impact on a substantial number of small entities.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this action does not have sufficient federalism implications to 
warrant the preparation of a federalism assessment. The definition of 
State added by this rule merely clarifies existing regulations by 
incorporating the applicable statutory definition of State. No new 
burdens or restrictions are placed on States as a result of this rule.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal programs and 
activities do not apply to this program.

Paperwork Reduction Act

    This action does not create any new collection of information 
requirement for purposes of the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501-3520.

National Environmental Policy Act

    The agency has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has 
determined that this action would not have any effect on the quality of 
the environment.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects in

49 CFR Part 387

    Hazardous materials transportation, Highways and roads, Insurance, 
Motor carriers, Penalties, Reporting and recordkeeping requirements, 
Surety bonds.

[[Page 16709]]

49 CFR Part 390

    Highways and roads, Motor carriers, Motor vehicle safety, Reporting 
and recordkeeping requirements.

49 CFR Part 395

    Global positioning systems, Highways and roads, Intelligent 
transportation systems, Motor carriers--driver hours of service, Motor 
vehicle safety, Reporting and recordkeeping requirements.

    Issued on: March 28, 1997.
Jane F. Garvey,
Acting Administrator, Federal Highway Administration.

    In consideration of the foregoing, the FHWA amends title 49, Code 
of Federal Regulations, chapter III, as follows:

PART 387--[AMENDED]

    1. The authority citation for part 387 is revised to read as 
follows:

    Authority: 49 U.S.C. 13101, 13301, 13906, 14701, 31138, and 
31139; and 49 CFR 1.48.

    2. Section 387.5 is amended by adding the definition State, in 
alphabetical order, to read as follows:

Sec. 387.5  Definitions.

* * * * *
    State means a State of the United States, the District of Columbia, 
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern 
Mariana Islands.

PART 390--[AMENDED]

    3. The authority citation for part 390 continues to read as 
follows:

    Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502, 
31504, and sec. 204, Pub. L. 104-88, 109 Stat. 803, 941; 49 U.S.C. 
201 note, and 49 CFR 1.48.

Sec. 390.5  [Amended]

    4. Section 390.5 is amended by removing the definition for farm-to-
market agricultural transportation.

PART 395--[AMENDED]

    5. The authority citation for part 395 continues to read as 
follows:

    Authority: 49 U.S.C. 31133, 31136, and 31502; sec. 345, Pub. L. 
104-59, 109 Stat. 568, 613; and 49 CFR 1.48.

    6. Section 395.8 is amended by revising paragraph (f)(5) to read as 
follows:

Sec. 395.8  Driver's record of duty status.

* * * * *
    (f) * * *
    (5) Commercial motor vehicle identification. The driver shall show 
the number assigned by the motor carrier, or the license number and 
licensing State of each commercial motor vehicle operated during each 
24-hour period on his/her record of duty status. The driver of an 
articulated (combination) commercial motor vehicle shall show the 
number assigned by the motor carrier, or the license number and 
licensing State of each motor vehicle used in each commercial motor 
vehicle combination operated during that 24-hour period on his/her 
record of duty status.
* * * * *
[FR Doc. 97-8924 Filed 4-7-97; 8:45 am]
BILLING CODE 4910-22-P
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