1908 Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 387 and 397 

[Docket No. FMCSA–2024–0201] 

RIN 2126–AC66 

Federal Motor Carrier Safety 

Regulations; Correction 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: In a final rule published in 

the Federal Register on November 18, 

2024, FMCSA amended its regulations 

by making technical corrections 

throughout the Federal Motor Carrier 

Safety Regulations (FMCSRs). The final 

rule included an amendatory instruction 

to revise a stayed section without first 

lifting the stay. The final rule also 

included an amendatory instruction 

which referenced an incorrect paragraph 

letter. The Agency corrects these errors. 

DATES: This correction is effective 

January 10, 2025. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Nicholas Lockhart, Regulatory 

Development Division, Office of Policy, 

FMCSA, 1200 New Jersey Avenue SE, 

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

2219; nicholas.lockhart@dot.gov. 

SUPPLEMENTARY INFORMATION: On 

November 18, 2024, FMCSA published 

a final rule (89 FR 90608) that amended 

its regulations by making technical 

corrections throughout the FMCSRs. 

The rule made minor changes to correct 

inadvertent errors and omissions, 

remove or update obsolete references, 

and improve the clarity and consistency 

of certain regulatory provisions. The 

rule also made a change to its rules of 

organization, procedures, and practice. 

Through this document, FMCSA 

provides amendments to correct two 

errors in that final rule. 

First, through amendatory instruction 

no. 107 in the final rule, the Agency 

sought to revise § 387.307, which is 

stayed, without first lifting the stay. The 

Agency corrects this error by providing 

a new instruction to lift the stay, revise 

the section, and stay the section. The 

revisions to § 387.307 are the same 

revisions described in the final rule (89 

FR 90608, 90613). Since the final rule 

published, the Agency has published 

another final rule amending § 387.307, 

titled ‘‘Broker and Freight Forwarder 

Financial Responsibility; Extension of 

Compliance Date’’ (89 FR 107021, Dec. 

31, 2024). That rule changed the date on 

which the stay of § 387.307 will be 

lifted, from January 16, 2025, to January 

16, 2026. Accordingly, the Agency’s 

instruction in this correction stays 

§ 387.307 until January 16, 2026. 

Second, through amendatory 

instruction no. 152 in the final rule, the 

Agency sought to revise paragraph (2) of 

the definition of ‘‘Commerce’’ in 

§ 397.65. The instruction contained a 

typographical error that referenced 

paragraph (s) instead of paragraph (2). 

The Agency corrects this error by 

providing a new instruction that 

references paragraph (2). 

List of Subjects 

49 CFR Part 387 

Administrative practice and 

procedure, Brokers, Freight forwarders, 

Hazardous materials transportation, 

Highway safety, Highways and roads, 

Motor carriers, Motor vehicle safety, 

Penalties. 

49 CFR Part 397 

Administrative practice and 

procedure, Hazardous materials 

transportation, Highway safety, 

Intergovernmental relations, Motor 

carriers, Parking, Radioactive materials, 

Reporting and recordkeeping 

requirements, Rubber and rubber 

products. 

In consideration of the foregoing, 

FMCSA amends 49 CFR parts 387 and 

397 by making the following correcting 

amendments: 

PART 387—MINIMUM LEVELS OF 

FINANCIAL RESPONSIBILITY FOR 

MOTOR CARRIERS 

■ 1. 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. 

■ 2. Amend § 387.307 by: 

■ a. Lifting the stay of the section; 

■ b. Revising paragraphs (e)(5) and (6); 

and 

■ c. Staying the section until January 16, 

2026. 

The revisions read as follows: 

§ 387.307 Property broker surety bond or 

trust fund. 

* * * * * 

(e) * * * 

(5) Upon notification by the surety 

company or financial institution in 

accordance with paragraphs (e)(1) 

through (4) of this section, FMCSA will 

provide written notice to the broker that 

its operating authority registration 

issued pursuant to part 365 of this 

chapter will be suspended within 7 

business days of service of the notice 

unless the broker provides written 

evidence to FMCSA that the notification 

was sent in error, the surety bond or 

trust fund has been restored to the 

$75,000 amount required by this 

section, or the pending claims have 

been satisfied without the use of surety 

bond or trust fund assets. FMCSA will 

consider such evidence and provide 

written notice to the broker of its 

determination. 

(6) If the broker fails to respond to the 

notice within 7 business days of service 

of the notice, FMCSA will enter a 

suspension of the broker’s authority and 

provide written notice to the broker that 

the suspension is in effect. A broker 

whose authority has been suspended 

may request that FMCSA lift the 

suspension by providing written 

evidence that the notification was sent 

in error; the surety bond or trust fund 

has been restored to the $75,000 amount 

required by this section; or the pending 

claims have been satisfied without the 

use of surety bond or trust fund assets. 

FMCSA will consider such evidence 

and provide written notice to the broker 

of its determination. 

* * * * * 

PART 397—TRANSPORTATION OF 

HAZARDOUS MATERIALS; DRIVING 

AND PARKING RULES 

■ 3. The authority citation for part 397 

continues to read as follows: 

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

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

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

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

5125. 

§ 397.65 [Amended] 

■ 4. Amend § 397.65 in paragraph (2) of 

the definition of ‘‘Commerce’’, by 

removing the text ‘‘subparagraph (a)’’ 

and adding in its place the text 

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

Issued under authority delegated in 49 CFR 

1.87. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2025–00212 Filed 1–8–25; 8:45 am] 

BILLING CODE 4910–EX–P 


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