
[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59818-59829]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23758]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 303, 325, 350, 355, 356, 360, 365, 366, 367, 368, 369, 
370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 
383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 395, 396, 
397, 398, and 399, and Appendices B and G of Subchapter B of 
Chapter III

[Docket No. FMCSA-2012-0274]
RIN 2126-AB54


Technical, Organizational, and Conforming Amendments to the 
Federal Motor Carrier Safety Regulations

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule makes technical corrections throughout title 
49 CFR subtitle B, chapter III. The Agency is making minor editorial 
changes to add revised delegations of authority from the Secretary of 
Transportation (Secretary), correct errors and omissions, and improve 
clarity. This rule does not make any substantive changes to the 
affected parts of the Federal Motor Carrier Safety Regulations 
(FMCSRs).

DATES: Effective October 1, 2012. The incorporation by reference of a 
certain publication listed in the rule is approved by the Director of 
the Federal Register as of October 1, 2012.

FOR FURTHER INFORMATION CONTACT: Andrea Manka or Elaine Walls, Federal 
Motor Carrier Safety Administration, Office of the Chief Counsel, 
Regulatory Affairs Division, 1200 New Jersey Avenue SE., Washington, DC 
20590-0001, by telephone, for Ms. Manka at (202) 366-0975 or via email 
at andrea.manka@dot.gov; and for Ms. Walls at (202) 366-1394 or via 
email at elaine.walls@dot.gov. Office hours are from 9 a.m. to 5 p.m. 
e.t., Monday through Friday, except Federal holidays. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

I. Legal Basis for the Rulemaking

    Congress delegated certain powers to regulate interstate commerce 
to the United States Department of Transportation (DOT) in numerous 
pieces of legislation, most notably in section 6 of the Department of 
Transportation Act (DOT Act) (Pub. L. 85-670, 80 Stat. 931 (1966)). 
Section 55 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. 
See 49 U.S.C. 104. This authority, first granted to the ICC in the 
Motor Carrier Act of 1935 (Pub. L. 74-255, 49 Stat. 543, Aug. 9, 1935), 
now appears in chapter 315 of title 49 of the U.S. Code. The 
regulations issued under this authority became known as the FMCSRs, 
appearing generally at 49 CFR parts 350-399. The administrative powers 
to enforce chapter 315 were also transferred from the ICC to the DOT in 
1966 and appear in chapter 5 of title 49 of the U.S. Code. The 
Secretary of DOT delegated oversight of these provisions to the Federal 
Highway Administration (FHWA), a predecessor agency of FMCSA.
    Between 1984 and 1999, a number of statutes added to FHWA's 
authority. Various statutes authorize the enforcement of the FMCSRs, 
the Hazardous Materials Regulations (HMRs), and the Commercial 
Regulations, and provide both civil and criminal penalties for 
violations. These statutes include the Motor Carrier Safety Act of 1984 
(Pub. L. 98-554, 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, 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; and 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.
    The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L. 
106-159, 113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new 
operating administration within the DOT, effective January 1, 2000. The 
motor carrier safety staff and responsibilities previously assigned to 
FHWA are now assigned to FMCSA. Congress expanded, modified, and 
amended FMCSA's authority in the Uniting and Strengthening America by 
Providing Appropriate Tools Required to Intercept and Obstruct 
Terrorism (USA PATRIOT) 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), and the Moving Ahead for Progress in the 21st Century Act (MAP-
21) (Pub. L. 112-141, July 6, 2012).
    Most of the provisions of the FMCSRs amended by this rule are based 
on the statutes detailed above. The legal authority for each of those 
provisions was explained when the requirement was originally adopted 
and is summarized at the beginning of each part in title 49 of the Code 
of Federal Regulations (CFR). No further analysis is required here. 
Title 49 CFR subtitle B, chapter III, contains all of the FMCSRs.
    On August 17, 2012, the Secretary issued a final rule (77 FR 49964) 
to update the CFR sections that set forth the organizational structure 
of the Department and delegations of authority from the Secretary to 
other modal administrations--including the FMCSA. Because the Secretary 
revised part 1 of subtitle A of title 49, CFR, by moving FMCSA 
delegations from 49 CFR 1.73 to 49 CFR 1.87, FMCSA must also revise all 
of its delegations of authority citations in chapter III of subtitle B 
of title 49, CFR, to accommodate this change.
    The Administrative Procedure Act (APA) (5 U.S.C. 553) specifically 
provides that exceptions to its notice and public comment rulemaking 
procedures are not required where the Agency finds there is good cause 
(and incorporates the finding and a brief statement of reasons therefor 
in the rules issued) to dispense with them. Generally, good cause 
exists where the Agency determines that notice and public procedures 
are impractical, unnecessary, or contrary to the public interest. (see 
5 U.S.C. 553(b). The amendments made in this final rule merely correct 
inadvertent errors and omissions, remove obsolete references, and make 
minor editorial changes to improve clarity and consistency. The 
technical amendments do not impose any new requirements, nor do they 
make any substantive changes to the CFR. For these reasons, the FMCSA 
finds good cause that notice and public

[[Page 59819]]

comment are unnecessary. Further, the Agency finds good cause under 5 
U.S.C. 553(b)(B) and 553(d)(3) to make the amendments effective upon 
publication.

II. Background

    This document makes editorial changes to correct inaccurate 
references and citations, improve clarity, and fix errors. The reasons 
for each of these minor editorial changes are set out below, in a 
section-by-section description of the changes. These amendments do not 
impose any new requirements, nor do they make substantive changes to 
the CFR. Notice and comment are unnecessary. See 5 U.S.C. 553(b).

III. Section-by-Section Analysis

    The changes throughout chapter III of title 49 CFR are occasioned 
by DOT's reorganizing its rules governing delegations of authority in 
49 CFR chapter 1. Each of the revised authority citations is set out in 
the regulatory text, below, but will not be addressed separately in 
this section-by-section analysis.
    Section 350.105. The definition for ``Border Activity Funds'' is 
removed from this section, as SAFETEA-LU mandated that these funds be 
removed from the Motor Carrier Safety Assistance Program (MCSAP) as 
ineligible for use in a border region.
    Section 350.205(a). The phrase ``Motor Carrier'' is removed from 
this paragraph and the phrase ``Division Administrator/'' is inserted 
in front of ``State Director.'' The head of each FMCSA State office is 
the Division Administrator. The Agency, however, has one remaining 
State Director, in the Puerto Rico Division.
    Section 350.213(o). This paragraph is removed because the Agency no 
longer uses the MCSAP-1 form, and the following paragraph designations 
are changed accordingly.
    Section 350.313(b). This paragraph is removed because the provision 
does not correctly state how grant funding can be provided. The Agency 
actually provides Motor Carrier Safety Assistance Program (MCSAP) grant 
funding for reimbursable items in paragraphs (a)(1) and (a)(2) of this 
section.
    Section 350.327(f). This paragraph is removed, as all States 
participating in MCSAP also participate in SAFETYNET (a cooperative 
effort to share motor carrier safety information among States and 
FMCSA) and their data are uploaded electronically into FMCSA databases 
that can be accessed by FMCSA to determine each State's status in 
meeting the eligibility requirements. A separate certification 
requirement is, therefore, redundant and no longer necessary.
    Section 350.329. The phrase ``or Border Activity'' is removed from 
the heading, as Border Activity Enforcement Grants are not an eligible 
use under MCSAP.
    Section 350.331(b). The phrase ``Motor Carrier'' is removed from 
this paragraph and the phrase ``Division Administrator/'' is inserted 
in front of ``State Director.'' The head of each FMCSA State office is 
the Division Administrator. The Agency, however, has one remaining 
State Director, in the Puerto Rico Division.
    Section 350.335(e). Paragraph (e) is amended by removing the words 
``Research and Special Programs Administration'' and adding, in their 
place, the words ``Pipeline and Hazardous Materials Safety 
Administration.'' This change is required to reflect the current name 
of the agency with the statutory authority to regulate the 
transportation of hazardous materials.
    Section 375.103. This section is amended to provide a more up-to-
date definition for the word ``Advertisement.''
    Section 375.209(b). The paragraph is amended to reflect that there 
are three, not four, elements that must be included in a household 
goods motor carrier's procedure for handling complaints and inquiries.
    Part 379 Appendix A. Appendix A to Part 379 is amended to remove 
references to ``water carriage'', which is outside of FMCSA's 
authority.
    Section 382.107. Under the definition of ``commercial motor 
vehicle,'' the phrase ``or gross combination weight'' is added in 
paragraph (1) following the phrase ``gross combination weight rating''. 
The phrase ``whichever is greater'' is added after the parenthetical 
``(26,001 pounds or more)''. In paragraph (2); the phrase ``or gross 
vehicle weight'' is added after the phrase ``gross vehicle weight 
rating'', and the phrase ``whichever is greater'' is inserted following 
the parenthetical ``(26,001 or more pounds).'' These changes are 
intended to make the definition consistent with the definition of 
commercial motor vehicle in 49 U.S.C. 31301(4) and 49 CFR 383.5.
    Section 383.51. In paragraph (b), the phrase ``required to be 
placarded under the Hazardous Materials Regulations (49 CFR part 172, 
subpart F)'' in the 4th column header in Table 1 is replaced with ``as 
defined in Sec.  383.5'' to cover the expanded definition of 
``hazardous materials'', contained in the USA PATRIOT Act, which now 
includes select agents and toxins under 42 CFR part 73. In paragraph 
(c)(1), the phrase ``regulated or'' is inserted before ``posted'' in 
the first column because the current description in the table does not 
reflect the regulatory language. In paragraphs (b)(7), (c)(6), (c)(7), 
and (c)(8), the phrase ``CLP or'' is inserted before the abbreviation 
``CDL'' to conform the column headers in Tables 1 and 2 to Sec.  
383.51. In paragraph (c)(9), the phrase ``a CMV'' is inserted after the 
word ``driving'' to conform to the wording in Sec.  383.51(c)(10) and 
clarify that disqualification does not occur unless the offense is 
committed in a commercial motor vehicle (CMV).
    In paragraph (e)(2), Table 4, the phrase ``required to be placarded 
under part 172 subpart F of this title'' is replaced with ``as defined 
in Sec.  383.5'' to reflect the expanded definition of ``hazardous 
materials'' in the USA PATRIOT Act, which now includes select agents 
and toxins under 42 CFR part 73.
    Section 383.71. Paragraph (b)(1)(i) is removed because it is now 
obsolete, and paragraph (b)(1)(ii) is redesignated as paragraph (b)(1). 
In paragraph (h)(2), the reference to Sec.  383.73(j)(4) is changed to 
Sec.  383.73(o)(4) to correct an inadvertent error in the Commercial 
Driver's License Testing and Commercial Learner's Permit Standards 
final rule (77 FR 26989; May 8, 2012).
    Section 383.91(a)(3). The phrase ``materials found to be hazardous 
for the purposes of the Hazardous Materials Transportation Act and 
which require the motor vehicle to be placarded under the Hazardous 
Materials Regulations (49 CFR part 172, subpart E)'' is replaced with 
``hazardous materials as defined in Sec.  383.5'' to reflect the 
expanded definition of ``hazardous materials'' in the USA PATRIOT Act, 
which now includes select agents and toxins under 42 CFR part 73.
    Section 383.141(a). The phrase ``Beginning on the date(s) listed in 
49 CFR 1572.13(b)'' is removed because the dates in the referenced 
paragraph have been removed.
    Section 384.215(b). The phrase ``required to be placarded under the 
Hazardous Materials Transportation Act (implementing regulations at 49 
CFR 177.823)'' is replaced with ``as defined in Sec.  383.5'' to 
reflect the expanded definition of ``hazardous materials'' in the USA 
PATRIOT Act, which now includes select agents and toxins under 42 CFR 
part 73.
    Section 385.4. Section 385.4 is revised to conform with Office of 
the Federal Register style. The address and telephone number for the 
Commercial Vehicle Safety Alliance (CVSA) are

[[Page 59820]]

updated and a cross reference to Sec.  385.415(b)(1) is added.
    Section 385.19(b). As authorized by sec. 32932 of MAP-21, both the 
phrase ``Interstate Commerce Commission'' and the acronym designation 
``(ICCMC)'' are deleted.
    Section 385.403(d). Paragraph (d) is revised to reference ``A 
`material poisonous by inhalation,' in `bulk packaging,' both as 
defined in Sec.  171.8 of this title, that meets the criteria for 
`hazard zone B,' as specified in Sec.  173.116(a) or Sec.  
173.133(a)''. This change takes into account the quantities for solids 
and gases contained in the ``Bulk Packaging'' definition.
    Section 385.407(c). The reference to ``Research and Special 
Programs Administration'' is replaced with ``Pipeline and Hazardous 
Materials Safety Administration'' to reflect the name of the current 
modal administration with the responsibility to protect people and the 
environment from the risks inherent in the transportation of hazardous 
materials by pipeline and other modes of transportation.
    Section 385.415(b)(1). Pursuant to an approval by the Director of 
the Office of the Federal Register, an incorporation by reference of 
the old edition (January 1, 2004 version) of the ``North American 
Standard Out-of-Service Criteria for Commercial Highway Vehicles 
Transporting Transuranics and Highway Route Controlled Quantities of 
Radioactive Materials as defined in 49 CFR Part 173.403'' is amended by 
removing the edition date ``January 1, 2004'' and replacing it with the 
new edition date of ``April 1, 2012''. The reference to materials 
incorporated by reference and the address of the Commercial Vehicle 
Safety Alliance are replaced with a reference to Sec.  385.4 that 
reads: ``(See Sec.  385.4 for information on incorporation by reference 
and availability of this document.)''.
    Appendix B to Part 385. Section II is changed to add approximately 
180 of the part 172 and part 173 violation to ASPEN \1\ and the Motor 
Carrier Management Information System (MCMIS).\2\ This was done in 
those instances where the Agency observes private carriers, because the 
parts 172/173 violations are shipper/offeror related.
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    \1\ Aspen is an application that collects all the commercial 
driver/vehicle roadside inspection details. It utilizes several 
other applications that pulls data from remote sources--ISS, PIQ, 
CDLIS Access, and QC. It also includes communication features to 
electronically transfer inspection details to SAFER and/or 
SAFETYNET.
    \2\ MCMIS is an information system that captures data from field 
offices through SAFETYNET, CAPRI, and other sources. MCMIS utilizes 
an Oracle database with a web front-end access. It is a source for 
FMCSA inspection, crash, compliance review, safety audit, and 
registration data.
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    Section 386.5(f). This paragraph is revised by reversing the 
references to Sec.  386.6 and Sec.  386.7 because Sec.  386.6 refers to 
service and Sec.  386.7 refers to filing.
    Section 386.82(a)(2). The current citation to ``Sec.  
386.11(b)(3)'' is changed to ``Sec.  386.11(c)(3)'' because the 
``notice to post'' provision, provided for in 49 U.S.C. 521(b)(3), is 
contained in the latter paragraph.
    Section 387.303. FMCSA amends Sec.  387.303 by restoring a 
previously removed provision that established minimum public liability 
limits of $300,000 for fleets that consist only of vehicles with Gross 
Vehicle Weight Ratings (GVWRs) of under 10,000 pounds, except that 
FMCSA revises 10,000 pounds to 10,001 pounds to be consistent with the 
statutory definition of CMV. The Agency removed former 49 CFR 
387.303(b)(1)(i) in 2007 because section 4120 of SAFETEA-LU removed 
FMCSA's commercial jurisdiction over for-hire transportation of 
property in motor vehicles that did not meet the definition of a CMV 
under 49 U.S.C. 31132. However, the SAFETEA-LU Technical Corrections 
Act of 2008 restored the Agency's commercial jurisdiction over for-hire 
transportation of property in non-CMVs, so the Agency reinstates this 
regulatory provision. This section is also revised to remove obsolete 
references to effective dates in the table in Sec.  387.303(b)(2).
    Section 390.21(b)(5). This paragraph is removed because the 
referenced compliance provisions are now unnecessary since they have 
all been satisfied.
    Section 390.27. This section is revised to reflect the address 
change resulting from the recent move of the Midwestern Service Center. 
Also, because Texas is now included in the Western Service Center, note 
2 has been revised to reflect that change.
    Section 390.42(b). The reference to ``Sec.  396.11(a)(2)'' is 
revised to read ``Sec.  396.11(b)(2)'' to correct a typographical 
error.
    Section 393.17(b). Paragraph (b) is changed to correct a 
typographical error.
    Section 393.52. The source note for this section is revised to 
read, ``67 FR 51777'', rather than ``68 FR 51777'', to correct a 
typographical error.
    Section 393.77(b)(13). The reference to ``(c)(14)'' is replaced 
with ``(b)(14)'' to correct an error.
    Section 395.8(a)(1). The last sentence in the paragraph is deleted 
to remove a reference to obsolete forms.
    Section 396.11(b)(4). This paragraph is revised to delete the 
phrase ``including the original driver report, the certification of 
repairs on all intermodal equipment,'' and replacing it with the phrase 
``including the original driver report and the certification of repairs 
on all intermodal equipment,'' to correct a typographical error.
    Section 397.5(d)(3). The word ``in'' is replaced with the word 
``is'' to correct a typographical error.
    Section 397.19(a)(3). The word ``contracted'' is replaced with the 
word ``contacted'' to correct a typographical error.
    Section 397.101. In paragraphs (b) [introductory text], (b)(2), and 
(d), references to 49 CFR 173.403 are corrected to remove incorrect 
paragraph references.
    Section 398.5(d). A space is inserted between the word ``means'' 
and the word ``shall'' in the fourth sentence to correct a 
typographical error.
    Appendix B to Subchapter B of Chapter III. In Appendix B, 
references to ``49 CFR 1.73'' are changed to ``49 CFR 1.87'' to reflect 
the recent reorganization of 49 CFR part 1 by the DOT.
    Appendix G to Subchapter B of Chapter III. When the new brake 
adjustment rule titled, ``Parts and Accessories Necessary for Safe 
Operation; Brakes; Adjustment Limits'' was published on August 6, 2012 
(77 FR 46633, at 46640), the final sentence of paragraph 1(a)(5) that 
reads ``Wedge Brake Data--Movement of the scribe mark on the lining 
shall not exceed \1/16\ inch.'' was inadvertently moved from the new 
section 1.a(5) and currently is set forth by itself below a set of 
tables. This change relocates the one-sentence provision to the final 
sentence in paragraph 1.a(5), thus ensuring its visibility.

IV. Rulemaking Analyses

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

    FMCSA has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866, as 
supplemented by Executive Order 13563 (76 FR 3821, January 18, 2011), 
or within the meaning of the DOT regulatory policies and procedures (44 
FR 1103, February 26, 1979). The Office of Management and Budget (OMB) 
did not review this document. We expect the final rule will have 
minimal costs; therefore, a full regulatory evaluation is unnecessary.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 
601-

[[Page 59821]]

612), FMCSA has evaluated the effects of this rule on small entities. 
Because the rule only makes minor editorial corrections and places no 
new requirements on the regulated industry, FMCSA certifies that this 
action will not have a significant economic impact on a substantial 
number of small entities.

Unfunded Mandates Reform Act

    The final rule will not impose an unfunded Federal mandate, as 
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et 
seq.), that will result in the expenditure by State, local and tribal 
governments, in the aggregate, or by the private sector, of $140.8 
million (which is the value of $100 million in 2009 after adjusting for 
inflation) or more in any 1 year.

E.O. 13132 (Federalism)

    This rulemaking would not preempt or modify any provision of State 
law, impose substantial direct unreimbursed compliance costs on any 
State, or diminish the power of any State to enforce its own laws. 
Accordingly, this rulemaking does not have Federalism implications 
warranting the application of E.O. 13132.

E.O. 12372 (Intergovernmental Review)

    The regulations implementing E.O. 12372 regarding intergovernmental 
consultation on Federal programs and activities do not apply to this 
rule.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it would 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.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et 
seq.), Federal agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information they 
conduct, sponsor, or require through regulations. FMCSA determined that 
no new information collection requirements are associated with this 
final rule.

National Environmental Policy Act

    FMCSA analyzed this final rule for the purpose of ascertaining the 
applicability of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) and determined under our Environmental Procedures 
Order 5610.1, issued March 1, 2004 (69 FR 9680), that this action would 
not have any effect on the quality of the environment. Therefore, this 
final rule is categorically excluded from further analysis and 
documentation under the Categorical Exclusion (CE) in paragraph 6(b) of 
Appendix 2 of FMCSA Order 5610.1. This CE addresses minor editorial 
corrections such as found in this rulemaking; therefore preparation of 
an environmental assessment or environmental impact statement is not 
necessary.
    The FMCSA also analyzed this rule under the Clean Air Act, as 
amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and 
implementing regulations promulgated by the Environmental Protection 
Agency. Approval of this action is exempt from the CAA's general 
conformity requirement since it will have no effect on the environment.

E.O. 12898 (Environmental Justice)

    This technical amendment final rule is not subject to Executive 
Order 12898 (59 FR 7629, February 16, 1994). Executive Order 12898 
establishes Federal executive policy on environmental justice. Its main 
provision directs Federal agencies, to make environmental justice part 
of their mission by identifying and addressing, as appropriate 
disproportionately high and adverse human health or environmental 
effects of their programs, policies, and activities on minority 
populations and low-income populations in the United States. FMCSA 
determined that this rule will not have disproportionately high and 
adverse human health or environmental effects on minority or low-income 
populations because it does not change the substance of any of the 
FMCSRs.

E.O. 13211 (Energy Effects)

    FMCSA has analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The Agency has determined that it is not a 
``significant energy action'' under that Executive Order because it is 
not a ``significant regulatory action'' under Executive Order 12866 and 
is not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Therefore, no Statement of Energy 
Effects is required.

E.O. 13045 (Protection of Children)

    Executive Order 13045, Protection of Children from Environmental 
Health Risks and Safety Risks (62 FR 19885, Apr. 23, 1997), requires 
agencies issuing ``economically significant'' rules, if the regulation 
also concerns an environmental health or safety risk that an agency has 
reason to believe may disproportionately affect children, to include an 
evaluation of the regulation's environmental health and safety effects 
on children. As discussed previously, this rule is not economically 
significant. Therefore, no analysis of the impacts on children is 
required.

E.O. 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate 
ambiguity, and reduce burden.

E.O. 12630 (Taking of Private Property)

    This rule will not affect a taking of private property or otherwise 
have taking implications under E.O. 12630, Governmental Actions and 
Interference with Constitutionally Protected Property Rights.

National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act (15 U.S.C. 272 
note) requires Federal agencies proposing to adopt technical standards 
to consider whether voluntary consensus standards are available. If the 
Agency chooses to adopt its own standards in place of existing 
voluntary consensus standards, it must explain its decision in a 
separate statement to OMB. Because FMCSA does not intend to adopt 
technical standards, there is no need to submit a separate statement to 
OMB on this matter.

Privacy Impact Assessment

    Section 522(a)(5) of the Transportation, Treasury, Independent 
Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108-
447, Division H, Title I, 118 Stat. 2809 at 3268, Dec. 8, 2004) 
requires DOT and certain other Federal agencies to conduct a privacy 
impact assessment of each rule that will affect the privacy of 
individuals. Because this final rule will not affect the privacy of 
individuals, FMCSA did not conduct a separate privacy impact 
assessment.

List of Subjects

49 CFR Part 303

    Civil rights procedures and practices.

49 CFR Part 325

    Motor carriers, Noise control.

49 CFR Part 350

    Grant programs--transportation, Highway safety, Motor carriers, 
Motor

[[Page 59822]]

vehicle safety, Reporting and recordkeeping requirements.

49 CFR Part 355

    Highway safety, Intergovernmental relations, Motor carriers, Motor 
vehicle safety, Reporting and recordkeeping requirements.

49 CFR Part 356

    Administrative practice and procedure, Freight forwarders, Highways 
and roads, Motor carriers.

49 CFR Part 360

    Administrative practice and procedure, Insurance, Motor carriers.

49 CFR Part 365

    Administrative practice and procedure, Brokers, Buses, Freight 
forwarders, Maritime carriers, Mexico, Motor carriers, Moving of 
household goods.

49 CFR Part 366

    Brokers, Motor carriers.

49 CFR Part 367

    Insurance, Intergovernmental relations, Motor carriers, Surety 
bonds.

49 CFR Part 368

    Administrative practice and procedure, Mexico, Motor carriers.

49 CFR Part 369

    Reporting and recordkeeping requirements.

49 CFR Part 370

    Freight forwarders, Investigations, Motor carriers.

49 CFR Part 371

    Brokers, Motor carriers, Reporting and recordkeeping requirements.

49 CFR Part 372

    Agricultural commodities, Buses, Cooperatives, Freight forwarders, 
Motor carriers, Moving of household goods, Seafood.

49 CFR Part 373

    Buses, Freight, Freight forwarders, Motor carriers, Moving of 
household goods.

49 CFR Part 374

    Aged, Blind, Buses, Civil rights, Freight, Individuals with 
disabilities, Motor carriers, Smoking.

49 CFR Part 375

    Advertising, Consumer protection, Freight, Highways and roads, 
Insurance, Motor carriers, Moving of household goods, Reporting and 
recordkeeping requirements.

49 CFR Part 376

    Motor carriers, Reporting and recordkeeping requirements.

49 CFR Part 377

    Credit, Freight forwarders, Maritime carriers, Motor carriers. 
Moving of household goods.

49 CFR Part 378

    Freight forwarders, Investigations, Motor carriers, Moving of 
household goods.

49 CFR Part 379

    Freight forwarders, Maritime carriers, Motor carriers, Moving of 
household goods, 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 Part 382

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Drug testing, Highway safety, Motor carriers, Penalties, Safety, 
Transportation.

49 CFR Part 383

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Highway safety and motor carriers.

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, 
Incorporation by reference. Mexico, Motor carriers, Motor vehicle 
safety, Reporting and recordkeeping requirements.

49 CFR Part 386

    Administrative practice and procedure, Brokers, Freight forwarders, 
Hazardous materials transportation, Highway safety, Motor carriers, 
Motor vehicle safety, Penalties.

49 CFR Part 387

    Buses, Freight, Freight forwarders, Hazardous materials 
transportation, Highway safety, Insurance, Intergovernmental relations, 
Motor carriers, Motor vehicle safety, Moving of household goods, 
Penalties, Reporting and recordkeeping requirements, Surety bonds.

49 CFR Part 388

    Highway safety, Intergovernmental relations, Motor carriers, Motor 
vehicle safety.

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 392

    Alcohol abuse, Drug abuse, Highway safety, Motor carriers.

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 396

    Highway safety, Motor carriers, Motor vehicle safety, Reporting and 
recordkeeping requirements.

49 CFR Part 397

    Administrative practice and procedure, Highway safety, 
Intergovernmental relations, Motor carriers, Parking, Radioactive 
materials, Reporting and recordkeeping requirements, Tires.

49 CFR Part 398

    Highway safety, Migrant labor, Motor carriers, Motor vehicle 
safety, Reporting and recordkeeping requirements.

49 CFR Part 399

    Motor carriers; Motor vehicle safety; Occupational safety and 
health.

    In consideration of the foregoing, FMCSA is amending 49 CFR chapter 
III, parts 303, 325, 350, 355, 356, 360, 365, 366, 367, 368, 369, 370, 
371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 
385, 386, 387, 388, 389, 390, 391, 392, 393, 395, 396, 397, 398, and 
399; and appendices B and G to subchapter B, as set forth below:

PART 303--CIVIL RIGHTS

0
1. The authority citation for part 303 is revised to read as follows:


[[Page 59823]]


    Authority: Public Law 105-159, 113 Stat. 1748, Title I, sections 
107(a) and 106 (Dec. 9, 1999) (49 U.S.C. 113); 42 U.S.C. 2000d, et 
seq.; and 49 CFR 1.87.

PART 325--COMPLIANCE WITH INTERSTATE MOTOR CARRIER NOISE EMISSION 
STANDARDS

0
2. The authority citation for part 325 is revised to read as follows:

    Authority: 42 U.S.C. 4917; 49 U.S.C. 301; 49 CFR 1.87.

PART 350--COMMERCIAL MOTOR CARRIER SAFETY ASSISTANCE PROGRAM

0
3. The authority citation for part 350 is revised to read as follows:

    Authority: 49 U.S.C. 13902, 31101-31104, 31108, 31136, 31140-
31141, 31161, 31310-31311, 31502; and 49 CFR 1.87.


Sec.  350.105  [Amended]

0
4. Amend Sec.  350.105 by removing the definition for ``Border Activity 
Funds.''


Sec.  350.205  [Amended]

0
5. Amend Sec.  350.205(a) by removing the words ``Motor Carrier'' and 
adding, in their place, the words ``Division Administrator/''.


Sec.  350.213  [Amended]

0
6. Amend Sec.  350.213 by removing paragraph (o) and redesignating 
paragraphs (p), (q), and (r) as paragraphs (o), (p), and (q), 
respectively.


Sec.  350.313  [Amended]

0
7. Amend Sec.  350.313 by removing paragraph (b) and redesignating 
paragraphs (c) and (d) as paragraphs (b) and (c), respectively.


Sec.  350.327  [Amended]

0
8. Remove Sec.  350.327(f).
0
9. Revise the heading of Sec.  350.329 to read as follows:


Sec.  350.329  How may a State or local agency qualify for High 
Priority Funds?

* * * * *


Sec.  350.331  [Amended]

0
10. Amend Sec.  350.331(b) by removing the words ``Motor Carrier'' and 
adding, in their place, the words ``Division Administrator/''.


Sec.  350.335  [Amended]

0
11. Amend Sec.  350.335(e) by removing the words ``Research and Special 
Programs Administration'' and adding, in their place, the words 
``Pipeline and Hazardous Materials Safety Administration''.

PART 355--COMPATIBILITY OF STATE LAWS AND REGULATIONS AFFECTING 
INTERSTATE MOTOR CARRIER OPERATIONS

0
12. The authority citation for part 355 is revised to read as follows:

    Authority: 49 U.S.C. 504 and 31101 et seq.; 49 CFR 1.87.

PART 356--MOTOR CARRIER ROUTING REGULATIONS

0
13. The authority citation for part 356 is revised to read as follows:

    Authority: 5 U.S.C. 553; 49 U.S.C. 13301 and 13902; and 49 CFR 
1.87.

PART 360--FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE

0
14. The authority citation for part 360 is revised to read as follows:

    Authority: 31 U.S.C. 9701; 49 U.S.C. 13908(c) and 14504(c)(2); 
and 49 CFR 1.87.

PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

0
15. The authority citation for part 365 is revised to read as follows:

    Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-
13906, 14708, 31138, and 31144; 49 CFR 1.87.

PART 366--DESIGNATION OF PROCESS AGENT

    16. The authority citation for part 366 is revised to read as 
follows:

    Authority: 49 U.S.C. 13303, 13304, and 14704; and 49 CFR 1.87.

PART 367--STANDARDS FOR REGISTRATION WITH STATES

0
17. The authority citation for part 367 is revised to read as follows:

    Authority: 49 U.S.C. 13301, 14504a; and 49 CFR 1.87.

PART 368--APPLICATION FOR A CERTIFICATE OF REGISTRATION TO OPERATE 
IN MUNICIPALITIES IN THE UNITED STATES ON THE UNITED STATES-MEXICO 
INTERNATIONAL BORDER OR WITHIN THE COMMERCIAL ZONES OF SUCH 
MUNICIPALITIES

0
18. The authority citation for part 368 is revised to read as follows:

    Authority: 49 U.S.C. 13301 and 13902; Pub. L. 106-159, 113 Stat. 
1748; and 49 CFR 1.87.

PART 369--REPORTS OF MOTOR CARRIERS

0
19. The authority citation for part 369 is revised to read as follows:

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

PART 370--PRINCIPLES AND PRACTICES FOR THE INVESTIGATION AND 
VOLUNTARY DISPOSITION OF LOSS AND DAMAGE CLAIMS AND PROCESSING 
SALVAGE

0
20. The authority citation for part 370 is revised to read as follows:

    Authority: 49 U.S.C. 13301 and 14706; and 49 CFR 1.87.

PART 371--BROKERS OF PROPERTY

0
21. The authority citation for part 371 is revised 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.

PART 372--EXEMPTIONS, COMMERCIAL ZONES, AND TERMINAL AREAS

0
22. The authority citation for part 372 is revised to read as follows:

    Authority: 49 U.S.C. 13504 and 13506; and 49 CFR 1.87.

PART 373--RECEIPTS AND BILLS

0
23. The authority citation for part 373 is revised to read as follows:

    Authority: 49 U.S.C. 13301, 13531 and 14706; and 49 CFR 1.87.

PART 374--PASSENGER CARRIER REGULATIONS

0
24. The authority citation for part 374 is revised to read as follows:

    Authority: 49 U.S.C. 13301 and 14101; and 49 CFR 1.87.

PART 375--TRANSPORTATION OF HOUSEHOLD GOODS IN INTERSTATE COMMERCE; 
CONSUMER PROTECTION REGULATIONS

0
25. The authority citation for part 375 is revised to read as follows:

    Authority: 49 U.S.C. 13102, 13301, 13501, 13704, 13707, 13902, 
14104, 14706, 14708; subtitle B, title IV of Pub. L. 109-59; and 49 
CFR 1.87.

0
26. Amend Sec.  375.103 by revising the definition for 
``Advertisement'' to read as follows:


Sec.  375.103  What are the definitions of terms used in this part?

* * * * *
    Advertisement means any communication to the public in

[[Page 59824]]

connection with an offer or sale of any interstate household goods 
transportation service. This includes written or electronic database 
listings of your name, address, and telephone number in an on-line 
database or displayed on an Internet web site. This excludes listings 
of your name, address, and telephone number in a telephone directory or 
similar publication. However, Yellow Pages advertising is included in 
the definition.
* * * * *


Sec.  375.209  [Amended]

0
27. Amend Sec.  375.209(b) introductory text by removing the word 
``four'' and replacing it with ``three''.

0
28. Amend Appendix A to Part 375 by revising the authority, which is 
the third phrase under the heading, to read as follows:

Appendix A to Part 375--Your Rights and Responsibilities When You Move

* * * * *

    Authority: 49 U.S.C. 13301, 13704, 13707, and 14104; 49 CFR 
1.87.
* * * * *

PART 376--LEASE AND INTERCHANGE OF VEHICLES

0
29. The authority citation for part 376 is revised to read as follows:

    Authority: 49 U.S.C. 13301 and 14102; and 49 CFR 1.87.

PART 377--PAYMENT OF TRANSPORTATION CHARGES

0
30. The authority citation for part 377 is revised to read as follows:

    Authority: 49 U.S.C. 13101, 13301, 13701, 13702, 13706, 13707, 
and 14101; and 49 CFR 1.87.

PART 378--PROCEDURES GOVERNING THE PROCESSING, INVESTIGATION, AND 
DISPOSITION OF OVERCHARGE, DUPLICATE PAYMENT, OR OVERCOLLECTION 
CLAIMS

0
31. The authority citation for part 378 is revised to read as follows:

    Authority: 49 U.S.C. 13321, 14101, 14704 and 14705; and 49 CFR 
1.87.

PART 379--PRESERVATION OF RECORDS

0
32. The authority citation for part 379 is revised to read as follows:

    Authority:  49 U.S.C. 13301, 14122 and 14123; and 49 CFR 1.87.
0
33. Amend Appendix A to Part 379 as follows:
0
a. In the section under centerhead ``A. Corporate and General,'' revise 
number 3;
0
b. In the section under centerhead ``I. Shipping and Agency 
Documents,'' revise number 5;
0
c. Revise the section under the centerhead ``J. Transportation;''
0
d. In the section under the centerhead ``K. Supporting Data for Reports 
and Statistics,'' revise number 2.

Appendix A to Part 379--Schedule of Records and Periods of Retention

----------------------------------------------------------------------------------------------------------------
                    Item and category of records                                   Retention period
----------------------------------------------------------------------------------------------------------------
                      A. Corporate and General
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
3. Titles, franchises and authorities:
    (a) Certificates of public convenience and necessity issued by   Until expiration or cancellation.
     regulating bodies.
    (b) Operating authorizations and exemptions to operate.........  Until expiration or cancellation.
    (c) Copies of formal orders of regulatory bodies served upon     Note A.
     the company.
    (d) Deeds, charters, and other title papers....................  Until disposition of property.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                  I. Shipping and Agency Documents
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
5. Agency records:
    (a) Cash books.................................................  1 year.
    (b) Remittance records, bank deposit slips and supporting        1 year.
     papers.
    (c) Balance sheets and supporting papers.......................  1 year.
    (d) Statements of corrections in agents' accounts..............  1 year.
    (e) Other records and reports pertaining to ticket sales,        1 year.
     baggage handled, miscellaneous collections, refunds,
     adjustments, etc..
----------------------------------------------------------------------------------------------------------------
                         J. Transportation
----------------------------------------------------------------------------------------------------------------
1. Records pertaining to transportation of household goods:
    (a) Estimate of charges........................................  1 year.
    (b) Order for service..........................................  1 year.
    (c) Vehicle load manifest......................................  1 year.
    (d) Descriptive inventory......................................  1 year.
2. Dispatchers' sheets, registers, and other records pertaining to   3 years.
 movement of transportation equipment.
3. Import and export records including bonded freight..............  2 years.
4. Records, reports, orders and tickets pertaining to weighting of   3 years.
 freight.
5. Records of loading and unloading of transportation equipment....  2 years.
6. Records pertaining to the diversion or reconsignment of freight,  2 years.
 including requests, tracers, and correspondence.
7. Other...........................................................  Note A.
----------------------------------------------------------------------------------------------------------------

[[Page 59825]]

 
           K. Supporting Data for Reports and Statistics
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
2. Supporting data for periodical reports of accidents,              6 months.
 inspections, tests, hours of service, repairs, etc..
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 380--SPECIAL TRAINING REQUIREMENTS

0
34. The authority citation for part 380 is revised to read as follows:

    Authority: 49 U.S.C. 31133, 31136, 31307, and 31502; sec. 
4007(a) and (b) of Pub. L. 102-240 (105 Stat. 2151-2152); and 49 CFR 
1.87.

PART 381--WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS

0
35. The authority citation for part 381 is revised to read as follows:

    Authority: 49 U.S.C. 31136(e) and 31315; and 49 CFR 1.87.

PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

0
36. The authority citation for part 382 is revised to read as follows:

    Authority:  49 U.S.C. 31133, 31136, 31301, et seq., 31502; and 
49 CFR 1.87.


0
37. Amend Sec.  382.107 by revising the introductory text and 
paragraphs (1) and (2) of the definition of ``commercial motor 
vehicle'' to read as follows:


Sec.  382.107  Definitions.

* * * * *
    Commercial motor vehicle means a motor vehicle or combination of 
motor vehicles used in commerce to transport passengers or property if 
the vehicle
    (1) Has a gross combination weight rating or gross combination 
weight of 11,794 kilograms or more (26,001 pounds or more), whichever 
is greater, inclusive of a towed unit(s) with a gross vehicle weight 
rating or gross vehicle weight of more than 4,536 kilograms (10,000 
pounds), whichever is greater; or
    (2) Has a gross vehicle weight rating or gross vehicle weight of 
11,794 or more kilograms (26,001 or more pounds), whichever is greater; 
or
* * * * *

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

0
38. The authority citation for part 383 is revised to read as follows:

    Authority:  49 U.S.C. 521, 31136, 31301 et seq., and 31502; 
secs. 214 and 215, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 
4140, Pub. L. 109-59, 119 Stat. 1144, 1746; and 49 CFR 1.87.


Sec.  383.51  [Amended]

0
39. Amend Sec.  383.51 as follows:
0
a. Amend paragraph (b), Table 1, by removing the words ``required to be 
placarded under the Hazardous Materials Regulations (49 CFR part 172, 
subpart F)'' in the fourth column header and adding, in their place, 
the words ``as defined in Sec.  383.5''; and by adding the phrase ``CLP 
or'' before the word ``CDL'' to paragraph (b)(7) in the first column.
0
b. Amend paragraph (c), Table 2, by adding the phrase ``regulated or'' 
before the word ``posted'' in paragraph (c)(1) in the first column; by 
adding the phrase ``CLP or'' before the word ``CDL'' in paragraphs 
(c)(6), (c)(7), and (c)(8) in the first column; and by adding the 
phrase ``a CMV'' after the word ``driving'' in paragraph (c)(9) in the 
first column;
0
c. Amend paragraph (e)(2), Table 4, by removing the words ``required to 
be placarded under part 172, subpart F of this title'' in the first 
column and adding, in their place, the words ``as defined in Sec.  
383.5.''


Sec.  383.71  [Amended]

0
40. Amend Sec.  383.71 as follows:
0
a. Remove paragraph (b)(1)(i) and redesignate paragraph (b)(1)(ii) as 
(b)(1). In redesignated paragraph (b)(1), further redesignate 
paragraphs (A) through (D) as (b)(1)((i) through (iv).
0
b. In paragraph (h)(2), remove the citation to ``section 383.73(j)(4)'' 
and add, in its place, the citation ``Sec.  383.73(o)(4).''


Sec.  383.91  [Amended]

0
41. Amend Sec.  383.91(a)(3) by removing the words ``materials found to 
be hazardous for the purposes of the Hazardous Materials Transportation 
Act and which require the motor vehicle to be placarded under the 
Hazardous Materials Regulations (49 CFR part 172, subpart F)'' and add, 
in their place, the words ``hazardous materials as defined in Sec.  
383.5''.

0
42. Revise Sec.  383.141(a) to read as follows:


Sec.  383.141  General

    (a) Applicability. This section applies to State agencies 
responsible for issuing hazardous materials endorsements for a CDL, and 
applicants for such endorsements.
* * * * *

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
43. The authority citation for part 384 is revised to read as follows:

    Authority:  49 U.S.C. 31136, 31301, et seq., and 31502; secs. 
103 and 215, Pub. L. 106-159, 113 Stat. 1753, 1767; and 49 CFR 1.87.


Sec.  384.215  [Amended]

0
44. Amend Sec.  384.215(b) by removing the words ``required to be 
placarded under the Hazardous Materials Transportation Act 
(implementing regulations at 49 CFR 177.823)'' and adding, in their 
place, the words ``as defined in Sec.  383.5''.

PART 385--SAFETY FITNESS PROCEDURES

0
45. The authority citation for part 385 is revised to read as follows:

    Authority:  49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 13901-
13905, 31136, 31144, 31148, and 31502; Sec. 350, Pub. L. 107-87; and 
49 CFR 1.87.

0
46. Revise Sec.  385.4 to read as follows:

Sec.  385.4  Matter incorporated by reference.

    (a) Incorporation by reference. Certain material is incorporated by 
reference into this part with the approval of the Director of the 
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce 
any edition other than that specified in this section, FMCSA must 
publish notice of change in the Federal Register and the material must 
be available to the public. All approved material is available for 
inspection at

[[Page 59826]]

Federal Motor Carrier Safety Administration, Office of Enforcement and 
Compliance (MC-EC), 1200 New Jersey Ave. SE., Washington, DC 20590-
0001; Attention: Mr. Thomas Kelly at 202-366-1812, and is available 
from the sources listed below. It is also available for inspection at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    (b) Commercial Vehicle Safety Alliance, 603 Ivy Lane, Suite 310, 
Greenbelt, Maryland 20770-6319. Phone number (301) 830-6143
    (1) ``North American Standard Out-of-Service Criteria and Level VI 
Inspection Procedures and Out-of-Service Criteria for Commercial 
Highway Vehicles Transporting Transuranics and Highway Route Controlled 
Quantities of Radioactive Materials as defined in 49 CFR Part 
173.403,'' April 1, 2012; approved for Sec.  385.415(b).
    (2) [Reserved]


Sec.  385.19  [Amended]

0
47. Amend Sec.  385.19(b) by removing the acronym designation 
``(ICCMC).''
0
48. Revise Sec.  385.403(d) to read as follows:


Sec.  385.403  Who must hold a safety permit?

* * * * *
    (d) A ``material poisonous by inhalation,'' in a ``bulk 
packaging,'' both as defined in Sec.  171.8 of this title, that meets 
the criteria for ``hazard zone B,'' as specified in Sec.  173.116(a) or 
Sec.  173.133(a);
* * * * *

0
49. Revise Sec.  385.407(c) to read as follows:


Sec.  385.407  What conditions must a motor carrier satisfy for FMCSA 
to issue a safety permit?

* * * * *
    (c) Registration with the Pipeline and Hazardous Materials Safety 
Administration (PHMSA). The motor carrier must be registered with PHMSA 
in accordance with part 107, subpart G of this title.

0
50. Revise Sec.  385.415(b)(1) to read as follows:


Sec.  385.415  What operational requirements apply to the 
transportation of a hazardous material for which a permit is required?

* * * * *
    (b)(1) Inspection of vehicle transporting Class 7 (radioactive) 
materials. Before a motor carrier may transport a highway route 
controlled quantity of a Class 7 (radioactive) material, the motor 
carrier must have a pre-trip inspection performed on each motor vehicle 
to be used to transport a highway route controlled quantity of a Class 
7 (radioactive) material, in accordance with the requirements of the 
``North American Standard Out-of-Service Criteria and Level VI 
Inspection Procedures and Out-of-Service Criteria for Commercial 
Highway Vehicles Transporting Transuranics and Highway Route Controlled 
Quantities of Radioactive Materials as defined in 49 CFR Part 
173.403'', (incorporated by reference, see Sec.  385.4).
* * * * *

0
51. Amend Appendix B to part 385 by revising section II.(f) to read as 
follows:

Appendix B to Part 385--Explanation of Safety Rating Process

* * * * *

II. * * *

    (f) The regulatory factors, evaluated on the basis of the 
adequacy of the carrier's safety management controls, are: (1) Parts 
172 and 173; (2) Parts 387 and 390; (3) Parts 382, 383, and 391; (4) 
Parts 392 and 395; (5) Parts 393 and 396 when there are less than 
three vehicle inspections in the last 12 months to evaluate; and (6) 
Parts 397, 171, 177 and 180.
* * * * *

PART 386--RULES OF PRACTICE FOR MOTOR CARRIER, INTERMODAL EQUIPMENT 
PROVIDER, BROKER, FREIGHT FORWARDER, AND HAZARDOUS MATERIALS 
PROCEEDINGS

0
52. The authority citation for part 386 is revised to read as follows:

    Authority:  49 U.S.C. 113, chapters 5, 51, 59, 131-141, 145-149, 
311, 313, and 315; Sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 
U.S.C. 701 note); Sec. 217, Pub. L. 105-159, 113 Stat. 1748, 1767; 
Sec. 206, Pub. L. 106-159, 113 Stat. 1763; subtitle B, title IV of 
Pub. L. 109-59; and 49 CFR 1.81 and 1.87.


0
53. Amend Sec.  386.5(f) by revising the next to last sentence to read 
as follows:


Sec.  386.5  Form of filings and extensions of time.

* * * * *
    (f) * * * Motions for extensions of time must be filed in 
accordance with Sec.  386.7 and served in accordance with Sec.  386.6. 
* * *


Sec.  386.82  [Amended]

0
54. Amend Sec.  386.82(a)(2) by removing the citation to ``Sec.  
386.11(b)(3)'' and adding, in its place, the citation ``Sec.  
386.11(c)(3).''

PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR 
CARRIERS

0
55. The authority citation for part 387 is revised to read as follows:

    Authority: 49 U.S.C. 13101, 13301, 13906, 14701, 31138, 31139, 
and 31144; and 49 CFR 1.87.


0
56. Amend Sec.  387.303 by revising paragraphs (b)(1) and (b)(2) to 
read as follows:


Sec.  387.303  Security for the protection of the public: Minimum 
limits.

* * * * *
    (b)(1) Motor carriers subject to Sec.  387.301(a)(1) are required 
to have security for the required minimum limits as follows:
    (i) Small freight vehicles:

----------------------------------------------------------------------------------------------------------------
                                                                                                      Minimum
                    Kind of equipment                             Transportation provided             limits
----------------------------------------------------------------------------------------------------------------
Fleet including only vehicles under 10,001 pounds (4,536   Property (non-hazardous).............        $300,000
 kilograms) GVWR.
----------------------------------------------------------------------------------------------------------------

    (ii) Passenger carriers.

                  Passenger Carriers: Kind of Equipment
------------------------------------------------------------------------
                                                              Minimum
                Vehicle seating capacity                      limits
------------------------------------------------------------------------
(A) Any vehicle with a seating capacity of 16 passengers      $5,000,000
 or more (including the driver).........................

[[Page 59827]]

 
(B) Any vehicle designed or used to transport 15               1,500,000
 passengers or less (including the driver) for
 compensation...........................................
------------------------------------------------------------------------

    (2) Motor carriers subject to Sec.  387.301(a)(2) are required to 
have security for the required minimum limits as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                      Minimum
               Kind of equipment                              Commodity transported                   limits
----------------------------------------------------------------------------------------------------------------
(i) Freight vehicles of 10,001 pounds (4,536     Property (non-hazardous).......................        $750,000
 kilograms) or more GVWR.
(ii) Freight vehicles of 10,001 (4,536           Hazardous substances, as defined in Sec.              5,000,000
 kilograms) pounds or more GVWR.                  171.8 of this title, transported in cargo
                                                  tanks, portable tanks, or hopper-type vehicles
                                                  with capacities in excess of 3,500 water
                                                  gallons, or in bulk explosives Division 1,1,
                                                  1.2 and 1.3 materials. Division 2.3, Hazard
                                                  Zone A material; in bulk Division 2.1 or 2.2;
                                                  or highway route controlled quantities of a
                                                  Class 7 material, as defined in Sec.   173.403
                                                  of this title.
(iii) Freight vehicles of 10,001 pounds (4,536   Oil listed in Sec.   172.101 of this title;           1,000,000
 kilograms) or more GVWR.                         hazardous waste, hazardous materials and
                                                  hazardous substances defined in Sec.   171.8
                                                  of this title and listed in Sec.   172.101 of
                                                  this title, but not mentioned in (b) above or
                                                  (d) below.
(iv) Freight vehicles under 10,001 pounds        Any quantity of Division 1.1, 1.2, or 1.3             5,000,000
 (4,536 kilograms) GVWR.                          material; any quantity of a Division 2.3,
                                                  Hazard Zone A, or Division 6.1, Packing Group
                                                  I, Hazard Zone A material; or highway route
                                                  controlled quantities of Class 7 material as
                                                  defined in Sec.   173.455 of this title.
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 388--COOPERATIVE AGREEMENTS WITH STATES

0
57. The authority citation for part 388 is revised to read as follows:

    Authority: 49 U.S.C. 113 and 502; 49 CFR 1.87.

PART 389--RULEMAKING PROCEDURES--FEDERAL MOTOR CARRIER SAFETY 
REGULATIONS

0
58. The authority citation for part 389 is revised to read as follows:

    Authority: 49 U.S.C. 113, 501 et seq., subchapters I and III of 
chapter 311, chapter 313, and 31502; 42 U.S.C. 4917; and 49 CFR 
1.87.

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
59. The authority citation for part 390 is revised to read as follows:

    Authority: 49 U.S.C. 504, 508, 31132, 31133, 31136, 31144, 31151 
and 31502; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677-1678; 
secs. 212 and 217, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 
229, Pub. L. 106-159 (as transferred by sec. 4115 and amended by 
secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743-1744); 
sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; and 49 CFR 1.87.


Sec.  390.21  [Amended]

0
60. Amend Sec.  390.21 by removing paragraph (b)(5).


0
61. Revise Sec.  390.27 to read as follows:


Sec.  390.27  Locations of motor carrier safety service centers.

----------------------------------------------------------------------------------------------------------------
           Service center                      Territory included                    Location of office
----------------------------------------------------------------------------------------------------------------
Eastern............................  CT, DC, DE, MA, MD, ME, NJ, NH, NY,    802 Cromwell Park Drive, Suite N,
                                      PA, PR, RI, VA, VT, Virgin Islands,    Glen Burnie, MD 21061.
                                      WV.
Midwestern.........................  IA, IL, IN, KS, MI, MO, MN NE., OH,    4749 Lincoln Mall Drive, Suite 300A,
                                      WI.                                    Matteson, IL 60443.
Southern...........................  AL, AR, FL, GA, KY, LA, MS, NC, OK,    1800 Century Boulevard, Suite 1700,
                                      SC, TN.                                Atlanta, GA 30345-3220.
Western............................  American Samoa, AK, AZ, CA, CO, Guam,  Golden Hills Office Centre, 12600
                                      HI, ID, Mariana Islands, MT, ND, NM,   West Colfax Avenue, Suite B-300,
                                      NV, OR, SD, TX, UT, WA, WY.            Lakewood, CO 80215.
----------------------------------------------------------------------------------------------------------------
Note 1: Canadian carriers, for information regarding proper service center, contact an FMCSA division (State)
  office in AK, ME, MI, MT, NY, ND, VT, or WA.
Note 2: Mexican carriers are handled through the four southern border divisions and the Western Service Center.
  For information regarding the proper service center, contact an FMCSA division (State) office in AZ, CA, NM,
  or TX.


[[Page 59828]]

Sec.  390.42  [Amended]

0
62. Amend Sec.  390.42(b) by removing the phrase ``in Sec.  
396.11(a)(2)'' and adding in its place ``in Sec.  396.11(b)(2).''

PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE 
(LCV) DRIVER INSTRUCTORS

0
63. The authority citation for part 391 is revised to read as follows:

    Authority: 49 U.S.C. 504, 508, 31133, 31136, and 31502; sec. 
4007(b) of Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114 of Pub. 
L. 103-311, 108 Stat. 1673, 1677; sec. 215 of Pub. L. 106-159, 113 
Stat. 1748, 1767; and 49 CFR 1.87.

PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES

0
64. The authority citation for part 392 is revised to read as follows:

    Authority: 49 U.S.C. 504, 13902, 31136, 31151, 31502; and 49 CFR 
1.87.

PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

0
65. The authority citation for part 393 is revised to read as follows:

    Authority: 49 U.S.C. 31136, 31151, and 31502; sec. 1041(b) of 
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.87.


Sec.  393.17  [Amended]

0
66. Amend Sec.  393.17 in the introductory text of paragraph (b) by 
removing the phrase ``including the towed vehicle or a tow-bar 
combination,'' and adding in its place ``including the towed vehicles 
of a tow-bar combination.''

Sec.  393.77  [Amended]

0
67-68. Amend Sec.  393.77-(b)(13) by removing the phrase ``paragraph 
(c)(14)'' in the first sentence and adding in its place the phrase 
``paragraph (b)(14).''

PART 395--HOURS OF SERVICE OF DRIVERS

0
69. The authority citation for part 395 is revised to read as follows:

    Authority: 49 U.S.C. 504, 31133, 31136, 31137, and 31502; sec. 
113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-
159 (as transferred by sec. 4115 and amended by secs. 4130-4132, 
Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); sec. 4133, Pub. 
L. 109-59, 119 Stat. 1144, 1744; sec. 108, Pub. L. 110-432, 122 
Stat. 4860-4866; and 49 CFR 1.87.


0
70. Revise Sec.  395.8(a)(1) to read as follows:


Sec.  395.8  Driver's record of duty status.

    (a) * * *
    (1) Every driver who operates a commercial motor vehicle shall 
record his/her duty status, in duplicate, for each 24-hour period. The 
duty status time 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 forms.
* * * * *

PART 396--INSPECTION, REPAIR, AND MAINTENANCE

0
71. The authority citation for part 396 is revised to read as follows:

    Authority: 49 U.S.C. 504, 31133, 31136, 31151, and 31502; and 49 
CFR 1.87.

Sec.  396.11  [Amended]

0
72. Amend Sec.  396.11(b)(4) by removing the phrase ``including the 
original driver report, the certification of repairs on all intermodal 
equipment,'' and adding in its place the phrase ``including the 
original driver report and the certification of repairs on all 
intermodal equipment,''.

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

0
73. The authority citation for part 397 is revised 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.


0
74. Revise Sec.  397.5-(d)(3) to read as follows:


Sec.  397.5  Attendance and surveillance of motor vehicles.

* * * * *
    (d) * * *
    (3) A safe haven is an area specifically approved in writing by 
local, State, or Federal governmental authorities for the parking of 
unattended vehicles containing Division 1.1, 1.2, or 1.3 materials.
* * * * *


Sec.  397.19  [Amended]

0
75. Amend Sec.  397.19(a)(3) by removing the word ``contracted'' in the 
second sentence and adding in its place the word ``contacted.''


Sec.  397.101  [Amended]

0
76. In the table below, for each paragraph of Sec.  397.101 indicated 
in the left column, remove the words indicated in the middle column and 
add the words indicated in the right column in their place.

----------------------------------------------------------------------------------------------------------------
            Paragraph                          Remove                                   Add
----------------------------------------------------------------------------------------------------------------
Sec.   397.101(b) introductory     49 CFR 173.403(l).............  49 CFR 173.403.
 text.
Sec.   397.101(b)(2).............  49 CFR 173.403(l) and (y).....  49 CFR 173.403.
Sec.   397.101(d) introductory     49 CFR 173.403(l), shall        49 CFR 173.403, shall prepare.
 text.                              prepared.
Sec.   397.101(d) introductory     49 CFR 173.403(i).............  49 CFR 173.403.
 text.
----------------------------------------------------------------------------------------------------------------

PART 398--TRANSPORTATION OF MIGRANT WORKERS

0
77. The authority citation for part 398 is revised to read as follows:

    Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502, 
and 31504; sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C. 
701 note); sec. 212, Pub. L. 106-159, 113 Stat. 1748, 1766; and 49 
CFR 1.87.

Sec.  398.5  [Amended]

0
78. Amend Sec.  398.5(d) by adding a space between the word ``means'' 
and the word ``shall'' in the fourth sentence following the paragraph 
heading.

PART 399--EMPLOYEE SAFETY AND HEALTH STANDARDS

0
79. The authority citation for part 399 is revised to read as follows:

    Authority: 49 U.S.C. 31502; and 49 CFR 1.87.

Appendix B to Subchapter B of Chapter III [Amended]

0
80. Amend Appendix B to Subchapter B of Chapter III as follows:
0
a. Amend paragraph 3, Definition of Special Agent, by removing the 
citation to ``49 CFR 1.73'' and adding in its place the citation ``49 
CFR 1.87.''
0
b. Amend the authority citation for Appendix B to Subchapter B of 
Chapter III by removing the citation to ``49 CFR 1.73'' and adding in 
its place the citation ``49 CFR 1.87.''

[[Page 59829]]

Appendix G to Subchapter B of Chapter III [Amended]

0
81. Amend section 1.a(5) of Appendix G, Subchapter B of Chapter III by 
adding a paragraph to the end of paragraph a. Service brakes and before 
paragraph b. Parking Brake System to read as follows:

Appendix G to Subchapter B of Chapter III--Minimum Periodic Inspection 
Standards

* * * * *
    Wedge Brake Data--Movement of the scribe mark on the lining 
shall not exceed 1/16 inch.
* * * * *

    Issued on: September 10, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-23758 Filed 9-28-12; 8:45 am]
BILLING CODE 4910-EX-P


