
[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Rules and Regulations]
[Pages 68336-68359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22996]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 355, 356, 365, 369, 370, 373, 374, 376, 377, 378, 382, 
383, 384, 385, 386, 390, 391, 392, 395, 397, and 398

RIN 2126-AB95


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

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

ACTION: Final rule.

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SUMMARY: FMCSA amends its regulations by making technical corrections 
throughout. The Agency is making minor changes to correct errors and 
omissions, ensure conformity with Office of the Federal Register style 
guidelines, update cross references, and improve clarity and 
consistency of certain regulatory provisions. Further, this set of 
amendments removes all remaining instances of the term ``common 
carrier'' and ``contract carrier'' as required by the ICC Termination 
Act (ICCTA) and the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU). This rule 
does not make any substantive changes to the affected regulations, 
except to remove obsolete provisions.

DATES: Effective Date: The final rule is effective September 30, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. David Miller, Federal Motor 
Carrier Safety Administration, Regulatory Development Division, 1200 
New Jersey Avenue SE., Washington, DC 20590-0001, by telephone at (202) 
366-5370 or via email at FMCSAregs@dot.gov. Office hours are from 9:00 
a.m. to 5:00 p.m. e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Legal Basis for the Rulemaking

    Congress delegated certain powers to regulate interstate commerce 
to the United States Department of Transportation (DOT or Department) 
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 the Department 
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 United States Code (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 49 U.S.C. 
chapter 315. The regulations issued under this authority became known 
as the Federal Motor Carrier Safety Regulations (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 49 U.S.C. chapter 5. The Secretary of the DOT (Secretary) 
delegated oversight of these provisions to the Federal Highway 
Administration (FHWA), a predecessor agency of FMCSA. The FMCSA 
Administrator has been delegated authority under 49 CFR 1.87 to carry 
out the motor carrier functions vested in the Secretary.
    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 of these requirements. 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 (MCSA); 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 ICCTA 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 DOT, effective January 1, 2000. The 
motor carrier safety responsibilities previously assigned to both ICC 
and 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), 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, 126 Stat. 405, July 6, 2012).
    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. Title 49 CFR subtitle B, chapter III, contains all of the FMCSRs.
    The Administrative Procedure Act (APA) (5 U.S.C. 551-706) 
specifically provides exceptions to its notice and public comment 
rulemaking procedures where the Agency finds there is good cause (and 
incorporates the finding and a brief statement of reasons therefore in 
the rules issued) to dispense with them. Generally, good cause exists 
where the Agency determines that notice and public procedures are 
impractical,

[[Page 68337]]

unnecessary, or contrary to the public interest (5 U.S.C. 
553(b)(3)(B)). The amendments made in this final rule merely correct 
inadvertent errors and omissions, remove or update obsolete references, 
and make minor 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, FMCSA finds 
good cause that notice and public comment on this final rule is 
unnecessary.
    The APA also allows agencies to make rules effective upon 
publication 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 on the date of publication in the Federal Register.
    FMCSA is aware of the regulatory reform requirements imposed by 
section 5202 of the Fixing America's Surface Transportation Act (FAST 
Act) (Pub. L. 114-94, 129 Stat. 1312, at 1534, Dec. 4, 2015) concerning 
public participation in FMCSA rulemaking (49 U.S.C. 31136(g)). These 
requirements pertain to certain major rules,\1\ but because this final 
rule is not major, they are not applicable. In any event, the Agency 
finds that, for the reasons stated below, publication of an advance 
notice of proposed rulemaking under 49 U.S.C. 31136(g)(1)(A), or a 
negotiated rulemaking under 49 U.S.C. 31136(g)(1)(B), is unnecessary 
and contrary to the public interest in accordance with the waiver 
provision in 49 U.S.C. 31136(g)(3).
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    \1\ A ``major rule'' is defined by the Congressional Review Act, 
Pub. L. 104-121, title II, section 251, Mar. 29, 1996, 110 Stat. 
873, and is codified at 5 U.S.C. 804(2). See https://www.gpo.gov/fdsys/pkg/USCODE-2014-title5/pdf/USCODE-2014-title5-partI-chap8-sec804.pdf.
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Background

    This document makes editorial changes to correct inaccurate 
references and citations, improve clarity, and fix errors. The reasons 
for each of these minor revisions are set out below, in a section-by-
section description of the changes. These amendments do not impose any 
new requirements.
    This set of amendments removes all remaining instances of the term 
``common'' and ``contract'' as required by the ICCTA and SAFETEA-LU. 
Many instances of these terms were removed in the FMCSA Unified 
Registration System (URS) final rules published in 2013, 2015, and 
2016,\2\ and this rule removes the remaining instances found in 49 CFR 
chapter III, subchapter B. This rule does not make any substantive 
changes to the affected regulations, except to remove eight obsolete 
provisions. Four of the provisions relate to the use of the terms 
``common'' and ``contract'' and certain property-carrier routing 
requirements eliminated by the ICCTA. The other four obsolete 
provisions relate to a Congressionally-sunset emergency commercial 
driver's license grant, a pre-2014 medical exam schedule, outdated 
medical forms, and an obsolete reporting requirement.
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    \2\ Final Rule, Unified Registration System, 78 FR 52608 (Aug. 
23, 2013), amendments, corrections, and delayed effective and 
compliance dates published at 80 FR 63703, October 21, 2015, and 81 
FR 49553, July 28, 2016.
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    FMCSA is adding ``for-hire, non-exempt'' to many rules to ensure 
motor carriers know the rules are only applicable to for-hire, non-
exempt motor carriers, similar to the amendments being made in the URS 
final rules.
    Use of the term ``non-exempt'' in these sections and other 
technical amendments related to the use of the terms ``common'' and 
``contract'' below is to ensure motor carriers exempted by Congress 
from jurisdiction under 49 U.S.C. subtitle IV, part B, and specifically 
sec. 13506, do not feel compelled to comply with the amended rule text. 
FMCSA has discovered over the years that many for-hire, exempt \3\ 
motor carriers and their drivers (such as livestock, grain, and produce 
haulers), mistakenly believe that 49 U.S.C. subtitle IV, part B (secs. 
13101 through 14916), are mandatory requirements applicable to their 
operations.
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    \3\ An exempt for-hire motor carrier transports exempt 
(unregulated) property owned by others for compensation. The exempt 
commodities usually include unprocessed or unmanufactured goods, 
fruits, and vegetables, and other items of little or no value. For a 
partial listing of exempt and non-exempt commodities, please refer 
to Administrative Ruling No 119 at https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Administrative_Ruling_119.pdf. An exempt 
for-hire motor carrier is subject to the safety regulations in 49 
CFR chapter III, subchapter B.
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    For-hire motor carriers transporting commodities, or agreeing to 
transport brokered loads of commodities, that are listed by statutes, 
FMCSA regulations, and FMCSA administrative rulings, as exempt from 49 
U.S.C. subtitle IV, part B, are not subject to non-safety related rules 
administered by FMCSA. Such for-hire, exempt motor carriers thus are 
not required to comply with the following rules that are authorized 
under 49 U.S.C. subtitle IV, part B:
     Annual economic reporting requirements in part 369;
     Receipts and bills of lading in part 373;
     Loss and damage claim requirements in part 370;
     Property broker requirements in part 371;
     Passenger carrier regulations in part 374;
     Household goods transportation regulations in part 375;
     Lease and interchange of vehicle rules in part 376;
     Payment of transportation charge rules in part 377;
     Overcharge, duplicate payment, and overcollection claims 
in part 378; and
     Preservation of records in part 379.
    Motor carriers and shippers should be aware of the italicized text 
below related to contract carriage operations, ``. . . A carrier 
providing transportation or service subject to jurisdiction under 
chapter 135 may enter into a contract with a shipper, . . . to provide 
specified services under specified rates and conditions. If the shipper 
and carrier, in writing, expressly waive any or all rights and remedies 
under this part for the transportation covered by the contract, the 
transportation provided under the contract shall not be subject to the 
waived rights and remedies and may not be subsequently challenged on 
the ground that it violates the waived rights and remedies . . .'' \4\ 
[emphasis added]
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    \4\ 49 U.S.C. 14101(b)(1).
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    The statutory reference to the waiver of ``any or all rights and 
remedies'' allows a shipper and a motor carrier to negotiate and enter 
into a private contract that establishes selected rights and remedies 
different from the general ``motor carrier'' rights and remedies 
otherwise provided under 49 U.S.C. 14101, 14706, and other statutes. 
The waiver provision gives the carrier and shipper the flexibility to 
select the rights and remedies they wish to establish by contract. They 
can choose to leave in place other rights and remedies to be governed 
by statutes and regulations applicable to ``motor carriers.'' ``. . . 
New 49 U.S.C. 14101 (Providing transportation and service), taken from 
existing 49 U.S.C. 11101, would continue the basic common carrier 
obligation to provide transportation or service on reasonable request 
and to provide safe and adequate service, equipment, and facilities. It 
would expressly allow carriers to enter contracts for specific 
shipments (other than for residential household goods movements 
arranged and paid for directly by the householder) under which both 
parties may waive their ICA rights and remedies.'' \5\
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    \5\ Sen. Report 104-176 (1995) at 46, https://www.gpo.gov/fdsys/pkg/CRPT-104srpt176/pdf/CRPT-104srpt176.pdf.

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[[Page 68338]]

    See also M. Fortunoff of Westbury Corp. v. Peerless Ins. Co., 432 
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F.3d 127 (2nd Cir. 2005) at 132-133 (emphasis in original):

    Congress enacted the [ICC Termination Act] in 1995 and merged 
the separate classifications of common and contract carrier into one 
classification termed ``motor carrier,'' governing any ``person 
providing motor vehicle transportation for compensation.'' 49 U.S.C. 
13102(12). The ICCTA provided that all motor carriers were to 
register under sec. 13902(a) as opposed to the old regime of 
separately registered common and contract carriers. Under [49 
U.S.C.] 14101, registered motor carriers must provide common 
carriage services and may provide contract carriage services.

    With respect to all revisions to the terms ``common'' and 
``contract,'' FMCSA has attempted to simply set out the governing 
regulatory provisions for ``motor carriers'' (or for ``for-hire motor 
carriers,'' which captures the ``for compensation'' language in the 
statutory definition of ``motor carrier'' in 49 U.S.C. 13102(14)). This 
leaves a motor carrier and shipper the flexibility contemplated by the 
statute to choose ``any or all'' rights and remedies to be waived, 
while those not waived remain in full effect.
    It should be noted that for-hire, exempt motor carriers 
transporting exempted (unregulated) commodities may not submit a claim 
to the FMCSA-mandated $75,000 financial responsibility instrument held 
by an authorized property broker, their sureties, or their trust fund 
managers for payments owed to the exempted motor carrier, based on the 
authorized property broker's failure to carry out its contracts, 
agreements, or arrangements for the supplying of exempt (unregulated) 
commodity transportation by exempt motor carriers. An exempt motor 
carrier is not authorized by FMCSA to operate under 49 U.S.C. subtitle 
IV, part B, and thus does not have legitimate access to the FMCSA-
authorized property broker's $75,000 financial responsibility 
instrument. The $75,000 financial instrument is only applicable when 
the FMCSA-authorized property broker fails to carry out its contracts, 
agreements, or arrangements for the supplying of authorized (regulated) 
commodity transportation by FMCSA-authorized motor carriers.

Section-by-Section Analysis

    This section-by-section analysis describes the technical amendment 
provisions and corrections in numerical order.

Appendix A of Part 355--Guidelines for the Regulatory Review of 
Compatible State Laws and Regulations Affecting Interstate Motor 
Carrier Operations

    FMCSA replaces a phrase that includes the terms common and contract 
with a phrase that no longer uses those two terms. Currently, the 
applicability section references the appendix's requirements that each 
State shall review its laws and regulations to achieve compatibility 
with the FMCSRs. Each State's ``. . . requirements must apply to all 
segments of the motor carrier industry common, contract, and private 
carriers of property and for-hire carriers of passengers.'' FMCSA 
replaces the phrase ``motor carrier industry common, contract,'' with 
the phrase ``motor carrier industry, for-hire.''

For-Hire Motor Carrier of Property Routing Requirements in Sec. Sec.  
356.7--356.13

    Four sections are being removed from part 356 as a result of 
FMCSA's review of ``common'' and ``contract'' amendments. The ICCTA 
eliminated the need for for-hire motor carriers of property to apply to 
a Federal agency and be granted authority to drive on particular, 
specified, and declared highway routes. In considering how to change 
the term ``common'' to something else in Sec. Sec.  356.7 to 356.13, 
FMCSA determined that each of these four sections is no longer 
applicable to anyone as each section only applied to property carriers 
that no longer need route authority. Therefore, FMCSA removes all four 
rule sections with the headings ``Tacking,'' ``Elimination of routing 
restrictions--regular route carriers,'' ``Elimination of gateways--
regular and irregular route carriers,'' and ``Redesignated highways.''

Sec.  365.105 Starting the Application Process: Form OP-1

    FMCSA is updating the universal resource locators (URL) for Form 
OP-1 to accurately reflect where to obtain the forms. Since December 
2015, new applicants must apply for a USDOT number and, if applicable, 
operating authority, by electronically filing Form MCSA-1, the URS 
online application. Registrants, who had operating authority before 
December 2015, may still use Form OP-1 to update their registration 
information, but the Agency did not update the URLs where the forms may 
be obtained.

Sec.  365.205 Contents of the Protest

    FMCSA updates this section to replace an outdated phone number and 
add an additional way to contact FMCSA for help. FMCSA no longer uses 
the 202 area code phone number listed in this section. FMCSA has 
replaced the 202 number with a toll-free telephone number and has added 
an online web form in which the public may contact FMCSA for further 
assistance in developing their evidence for filing a protest.

Sec.  365.413 Procedures for Changing the Name or Business Form of a 
Motor Carrier, Freight Forwarder, or Property Broker

    FMCSA amends this section to add two additional ways for current 
registrants to contact FMCSA to change the name or business form of a 
registered motor carrier, freight forwarder, or property broker. For 
such registrants to make such changes, FMCSA has developed a two-page 
form MCSA-5889, ``Motor Carrier Records Change Form,'' Office of 
Management and Budget (OMB) No. 2126-0060, approved by OMB for use 
through July 31, 2018. FMCSA continues to allow the letter to be 
mailed, with the five required pieces of information in redesignated 
Sec.  365.413(c)(1) through (5). But FMCSA now adds to the list of 
options the opportunity for form MCSA-5889 to be faxed to FMCSA at the 
number given, or scanned and submitted via the web form at https://www.fmcsa.dot.gov/ask.

Part 369--Reports of Motor Carriers

    FMCSA makes several amendments related to the terms ``common'' and 
``contract'' to part 369 applicable to annual reports of for-hire motor 
carriers. FMCSA modifies each paragraph (a) in Sec. Sec.  369.1, 369.2, 
and 369.3 to replace the phrase ``common and contract'' with the phrase 
``for-hire, non-exempt motor'' to comport with the elimination of the 
terms ``common'' and ``contract'' in the ICCTA.

Sec.  370.9 Disposition of Claims

    The Agency makes one amendment related to the term ``common'' to 
Part 370 applicable to disposition of claims. Paragraph (b) is amended 
to replace ``common carrier by motor vehicle of household goods as 
defined in Sec.  375.103 of this chapter'' with ``household goods motor 
carrier as defined in Sec.  375.103 of this subchapter'' for use when 
settling a claim for loss or damage to household goods or an individual 
shipper's property. This paragraph will continue to use the current 
defined term ``household goods motor carrier'' in Sec.  375.103 that 
comes from the Household Goods Mover Oversight Enforcement and Reform 
Act of 2005 (August 10, 2005), and any person considered to be a 
household goods

[[Page 68339]]

motor carrier under regulations, determinations, and decisions of the 
FMCSA on August 10, 2005.

New Sec.  373.100 and Sec.  374.1 Applicability

    FMCSA adds two new applicability sections to ensure the public 
understands that parts 373 and 374 are limited to for-hire motor 
carriers subject to jurisdiction under 49 U.S.C. subtitle IV, part B.

Sec.  373.101 Motor Carrier Bills of Lading

    The Agency makes two amendments related to the term ``common'' 
applicable to motor carrier bills of lading. FMCSA revises the heading 
to add ``for-hire, non-exempt'' and is amending the undesignated 
introductory sentence to remove the term ``common'' for the same 
reasons as discussed above.

Sec.  373.103(a) & (b) Expense bills

    FMCSA makes three amendments related to the term ``common'' 
applicable to expense bills issued by for-hire motor carriers of 
property and charter service expense bills issued by for-hire motor 
carriers performing ``charter transportation of passengers'' as defined 
in Sec.  390.5. FMCSA is also revising the heading of this section to 
add ``for-hire, non-exempt'' and is amending paragraphs (a) and (b) to 
remove the term ``common'' for the same reasons as discussed above.

Part 374 Passenger Carrier Regulations

    The Agency makes several amendments to part 374 entitled Passenger 
Carrier Regulations. As discussed above, FMCSA adds a new Sec.  374.1 
Applicability section to ensure the public understands that part 374 is 
limited to for-hire motor carriers subject to jurisdiction in the 
ICCTA. Second, throughout part 374, FMCSA removes all references to 
``common'' in headers and rule text in Sec. Sec.  374.101, 374.103, 
374.105, 374.107, 374.109, 374.111, 374.113, 374.201, 374.301, 374.303, 
374.401, 374.403, and 374.405.
    Also, ICC never assigned a paragraph (b) to Sec.  374.401, 
previously designated as 49 CFR 1064.1, when it was made final on 
November 16, 1979 (44 FR 65987) or in any amendments after 1979. With 
no paragraph (b), the section reads better and will be less confusing 
if paragraph (a) becomes an undesignated introductory phrase and 
paragraphs (a)(1), (2), and (3) are renamed as paragraphs (a), (b), and 
(c).
    Additionally, at the end of Sec.  374.401, FMCSA removes the 
outdated authority citation ``(49 U.S.C. 10321, 5 U.S.C. 553),'' as it 
is a remnant of the pre-ICCTA statutes. Section 374.401's authority 
derives from the general authority cited for most of part 374--49 
U.S.C. 13301 and 14101; and 49 CFR 1.87.
    Finally, the Agency amends four authority citations for incidental 
charter rights under subpart E to part 374 that are also outdated to 
show only ICCTA statutes--49 U.S.C. 13301, 13501, 13506, and their 
delegation under 49 CFR 1.87. In the first sentence in Sec.  374.501, 
the outdated reference to ``[49 U.S.C. 10932(c)]'' is removed. The 
citation to 49 U.S.C. 13506 is correct and will remain in Sec.  
374.501.

Part 376 Applicability of Lease and Interchange of Property-Carrying 
Motor Vehicles

    FMCSA makes several amendments related to the terms ``common'' and 
``contract'' to part 376 applicable to the lease and interchange of 
property-carrying motor vehicles by for-hire motor carriers. In various 
places throughout part 376 that reference the term ``motor common 
carrier'' or ``authorized common carrier'' in the rule text, FMCSA 
removes all applicable references to ``common.'' The references to 
``common ownership'' in part 376 have been retained as that concept is 
unaffected by this final rule.
    In Sec.  376.1, FMCSA adds the clarifying phrase ``. . . under 49 
U.S.C. subtitle IV, part B:'' to the introductory phrase in paragraph 
(a) to ensure the public understands these rules apply only to for-hire 
motor carriers subject to the ICCTA. In Sec.  376.2, the term ``motor 
common carrier'' is amended to read as ``motor carrier.''
    In the first four instances of the term ``common'' in Sec.  376.31, 
FMCSA replaces ``common'' with the term ``motor.''

Part 377 Applicability of Payment of Transportation Charges

    In the applicability paragraph of Sec.  377.101, FMCSA removes the 
term ``common''; spells out cash-on-delivery for the acronym (c.o.d.); 
and reorganizes the paragraph to better show the two exceptions to the 
applicability of part 377.
    In Sec. Sec.  377.103 and 377.105, the Agency replaces the term 
``common'' with the term ``motor'' in each section.

Part 377 Subpart B, Applicability of Extension of Credit to Shippers by 
Carriers and Freight Forwarders

    FMCSA makes several amendments related to the terms ``common'' and 
``contract'' in subpart B of part 377 applicable to the extension of 
credit to shippers by for-hire motor carriers and freight forwarders. 
The Agency revises the heading for subpart B of part 377. The current 
title includes the term ``common'' and the phrase ``Water Common 
Carriers.'' The Agency adds the phrase ``for-hire, non-exempt'' before 
the phrase ``motor carrier'' in the subpart B heading as well as in 
Sec.  377.201(a) to ensure exempt for-hire carriers understand the 
subpart does not apply to their extensions of credit to shippers. As 
FMCSA has never been delegated responsibility for regulating water 
carriers, the phrase ``Water Common Carriers'' is eliminated from the 
heading for subpart B as well.
    Also in Sec.  377.201, FMCSA removes the exception for ``Contract 
carrier operations'' in paragraph (b)(1) and redesignates paragraphs 
(b)(2) and (3) as paragraphs (b)(1) and (2) for the reasons given above 
in the Background section. In Sec.  377.217, the Agency replaces the 
term ``common'' with the term ``motor.''

Part 378 Applicability of Overcharge, Duplicate Payment, and 
Overcollection Claims Processing

    FMCSA makes two amendments related to the term ``common'' to part 
378. In Sec. Sec.  378.1 and 378.2, the Agency removes the term 
``common'' in each of the two places it appears.

Sec. Sec.  382.103 and 383.3 Controlled Substances and Alcohol Testing 
and Commercial Driver's License (CDL) Rules, Applicability of an 
Exception for Farm Vehicle Employers and Drivers

    FMCSA makes two amendments related to the terms ``common'' and 
``contract'' that are applicable to drivers that may need a CDL to 
drive a commercial motor vehicle (CMV) in the United States and whether 
that CDL driver is subject to controlled substances and alcohol 
testing. In Sec.  382.103, FMCSA revises paragraph (d)(3)(i)(C) which 
discusses that an operator of a farm vehicle cannot be a common or 
contract motor carrier. The Agency replaces the phrase ``common or 
contract motor carrier'' with the phrase ``for-hire motor carrier, 
except for an exempt motor carrier as defined in Sec.  390.5 of this 
subchapter.'' Similarly, an exception for operators needing a CDL to 
drive a farm vehicle excludes operations by a common or contract motor 
carrier. It is found in Sec.  383.3(d)(3)(i)(C). In this paragraph, the 
Agency is also replacing the phrase ``common or contract motor 
carrier'' with the phrase ``for-hire motor carrier, except for an 
exempt motor carrier as defined in Sec.  390.5 of this subchapter.''
    These two changes will ensure that farmers, who also may operate as 
an exempt motor carrier, know that their farm vehicles might be 
excepted from

[[Page 68340]]

the CDL and drug and alcohol testing requirements if the farm vehicles 
they use meets all of the other three conditions of the exception under 
Sec.  382.103(d)(3)(i) and the CDL definition in Sec.  
383.3(d)(3)(i)(C).

Sec.  382.305 Controlled Substances Testing Annual Random Percentage 
Rate

    This amendment relates to the lowered minimum annual percentage 
rate for random controlled substances testing made effective for all 
testing in 2016 and later. FMCSA amends Sec.  382.305(b)(2) to state 
that the minimum annual percentage rate for random controlled 
substances testing shall be 25 percent of the average number of driver 
positions, as it has been effective since January 1, 2016. On December 
24, 2015 (80 FR 80446), FMCSA announced the reduction of the minimum 
annual percentage rate for random controlled substances testing for 
drivers of CMVs requiring a CDL from 50 percent of the average number 
of driver positions to 25 percent of the average number of driver 
positions, effective in calendar year 2016. The FMCSA Administrator has 
the discretion to decrease the minimum annual random testing percentage 
rate based on the reported positive random test rate for the entire 
motor carrier industry. Based on the controlled substances random test 
data in FMCSA's Management Information System (MIS) for calendar years 
2011, 2012, and 2013, the positive rate for controlled substances 
random testing fell below the 1.0 percent threshold for 3 consecutive 
calendar years. As a result, the Agency lowered the controlled 
substances minimum annual percentage rate for random controlled 
substances testing to 25 percent of the average number of driver 
positions.

 Sec.  383.5 School Bus Definition for Commercial Driver's License 
Standards

    The current definition of a school bus in Sec.  383.5 does not 
include a bus used as a common carrier. In part 383, the term ``school 
bus'' is used only in the requirements under Sec.  383.123 for a CDL 
driver to get a license endorsement after successfully passing 
knowledge and skills tests. FMCSA is replacing ``common'' with the 
phrase ``for-hire motor''.

Sec.  383.77 Substitute for Driving Skills Tests for Drivers With 
Military CMV Experience

    FMCSA removes the erroneous second iteration of the word ``had'' in 
Sec.  383.77(a)(5), making the sentence read, in part, as follows: 
``Has not had any conviction for a violation . . .''

Sec. Sec.  383.131 and 383.133 CDL Test System Model Commercial Driver 
Manual

    In Sec. Sec.  383.131 and 383.133, FMCSA adds ``or newer'' after 
``July 2010'' to allow each State to use newer manual editions to 
comply with the requirements. Each State must provide every CLP or CDL 
applicant an FMCSA pre-approved driver information manual as required 
by Sec.  383.131. The manual must be comparable to the American 
Association of Motor Vehicle Administrators' (AAMVA's) ``2005 CDL Test 
System Model Commercial Driver Manual,'' July 2010 or a newer version. 
FMCSA provides the manual as a reference for States, but does not 
require any specific manual published after July 2010, nor does it 
incorporate any manual by reference into the regulations.

Sec.  384.401 State Compliance With CDL Program

    FMCSA amends Sec.  384.401 to lower the withholding percentages of 
Federal-aid highway funds. Sec. 1404(j) of MAP-21 amended 49 U.S.C. 
31314(c) changing the withholding percentages of Federal-aid highway 
funds based on State noncompliance with the CDL program. Federal-aid 
highway funds are apportioned to States under various sections of title 
23 U.S.C. Amended sec. 1404(j) makes it necessary to revise the 
withholding provisions in Sec.  384.401 to comply with amended 49 
U.S.C. 31314(c). Specifically, MAP-21 changed the amount of Federal-aid 
highway funds to be withheld for noncompliance in paragraph (a) from 5 
percent to 4 percent, and reduced the amount of such funds to be 
withheld for repeated noncompliance in paragraph (b) from 10 percent to 
8 percent.

Sec.  384.407 Emergency CDL Grants

    FMCSA removes Sec.  384.407 because SAFETEA-LU did not renew the 
emergency CDL grant program in 49 U.S.C. 31107. Therefore, this section 
is no longer necessary.

Sec.  385.303 New Entrant Motor Carrier Safety Assurance Applications

    FMCSA revises the universal resource locators (URL) to accurately 
reflect where to obtain the forms for new entrant motor carriers. Since 
December 2015, new applicants must apply for a USDOT number and if 
applicable, operating authority, by electronically filing Form MCSA-1, 
the URS online application. Registrants who had registered and been 
issued a USDOT number before December 2015 may still use form MCS-150 
and if applicable, Form OP-1, to update their registration information.
    Similar to changes made earlier in this document for Sec.  365.105, 
FMCSA is modifying how new entrant motor carriers may contact the 
Agency for application materials. In Sec.  385.303, the Agency is 
changing a 703 area code fax number to a 202 area code fax number and 
is adding the option that new entrant motor carriers may locate 
application materials online at one of two Web pages, the precise 
location determined by whether they received a USDOT number before or 
after December 12, 2015.

Part 385, Appendix B Restoration of Inadvertently Edited Safety Fitness 
Paragraph

    The Agency corrects an error made in 2005 to address an inadvertent 
change to a provision of appendix B to 49 CFR part 385. In the 1997 
Safety Fitness Procedure; Safety Ratings final rule (62 FR 60035 at 
60043 (Nov. 6, 1997)), paragraph (c) of the introductory text in app. B 
to part 385 read as follows: ``To meet the safety fitness standard, a 
motor carrier must demonstrate to the FHWA that it has adequate safety 
management controls in place which function effectively to ensure 
acceptable compliance with the applicable safety requirements. A 
``safety fitness methodology'' (SFRM) was developed by the FHWA, which 
uses data from compliance reviews (CRs) and roadside inspections to 
rate motor carriers.''
    In the same final rule, section II.(c), read as follows: ``Critical 
regulations are those identified as such where noncompliance relates to 
management and/or operational controls. These are indicative of 
breakdowns in a carrier's management controls. An example of a critical 
regulation is Sec.  395.3(a)(1), requiring or permitting a driver to 
drive more than 10 hours.''
    The reference to ``FHWA'' in paragraph (c) of the introductory text 
was changed to ``FMCSA'' in Miscellaneous Technical Amendments on Oct. 
1, 2001 (66 FR 49867, at 49872) due to the establishment of the FMCSA 
by the Motor Carrier Safety Improvement Act of 1999.
    In the 2003 Hours of Service for Drivers final rule (68 FR 22456 at 
22513 (Apr. 28, 2003)), section II.(c) was amended by FMCSA--the only 
change was to modify the time period at the end to ``11 hours'' from 
``10 hours'' reflecting the amended provisions of Sec.  395.3(a)(1). No 
change was directed to be made in paragraph (c) of the introductory 
text. This change in

[[Page 68341]]

appendix B to 49 CFR part 385, section II.(c) was correctly published 
in the 2004 Code of Federal Regulations and no change was made in 
paragraph (c) of the introductory text. See 49 CFR part 385, app. B 
(10/01/2004 ed.), at pages 1023-24.
    In the 2005 Hours of Service for Drivers final rule (70 FR 49978 at 
50070 (Aug. 25, 2005)), FMCSA again directed that section II.(c) be 
revised to refer to ``11 hours'' even though that change had already 
been published in the CFR. But no change was directed to be made in 
paragraph (c) of the introductory text. Nonetheless, in the 2005 
compilation of the CFR, the revised text of section II.(c) was 
published in two places: (1) in place of the text in paragraph (c) of 
the introductory text, which the Agency did not intend to change; and 
(2) in section II.(c), which was the only place that the final rule 
directed that a change be made. See 49 CFR part 385, app. B (10/01/2005 
ed.),\6\ at pages 239-240.
---------------------------------------------------------------------------

    \6\ See https://www.gpo.gov/fdsys/pkg/CFR-2005-title49-vol5/pdf/CFR-2005-title49-vol5-part385-appB.pdf.
---------------------------------------------------------------------------

    This amendment corrects the error in the CFR and does not impose 
any new requirements; it just restores the proper paragraph (c) of the 
introductory text to read as set out in the regulatory text at the end 
of this document.
    FMCSA is also republishing section II.(c) as it was correctly 
published in the 2004 and 2005 CFRs to give context.

FMCSR Errors Resulting From Electronic Logging Devices and Hours of 
Service Supporting Documents Final Rule

    Four amendments are being made to the 2015 Electronic Logging 
Devices and Hours of Service Supporting Documents (ELD) final rule, 
December 16, 2015 (80 FR 78292, at 78381) below. The amendments are to 
two critical regulations in part 385, appendix B, the filing of various 
complaints under Sec.  386.1, and adding an additional qualifying 
phrase to Sec.  395.8(a)(1)(iii)(A)(3) about how to determine whether a 
commercial motor vehicle was manufactured before model year 2000.

Part 385, Appendix B List of Critical and Acute Regulations

    While reviewing the list of acute and critical regulations, found 
in appendix B of part 385, FMCSA discovered that the terminology used 
to identify two of the critical violations is confusing. In these 
provisions, the critical violations occur when a motor carrier fails to 
ensure that drivers (or third parties) submit records of duty status 
(or supporting documents); while there is still a violation if those 
documents are submitted late, late submissions are not typically 
critical violations that could affect the motor carrier's safety 
rating. It is only when the motor carrier fails completely to require 
drivers to submit the documents that such an effect could occur. Thus, 
the two provisions described above that are identified as critical 
regulations in section VII. List of Acute and Critical Regulations in 
appendix B, are being revised to remove the words ``in a timely 
manner,'' as set out below:

 Sec.  395.8(a)(2)(ii) Failure to require a driver to submit 
record of duty status (critical); and
 Sec.  395.11(b) Failing to require a driver to submit 
supporting documents (critical)
This change reflects the way that FMCSA treats violations currently, 
and will therefore have no direct impact on motor carriers.

Sec.  386.1 Filing of Substantial Complaints, Filing of Harassment 
Complaints, and Filing of Coercion Complaints

    In the same 2015 ELD rule, FMCSA changed Sec.  386.1, Scope of 
rules in this part, to include references to complaints of substantial 
violation, coercion, and harassment. However, the Agency overlooked the 
recent addition of a new paragraph Sec.  386.1(c) in its separate 
Coercion final rule \7\ published two weeks before the ELD rule, and 
made the amendatory instruction incorrectly. To correct this 
inadvertent error, this technical amendment adds new Sec.  386.1(c)(1), 
(2), and (3), as was explained in the amendatory instructions of the 
ELD rule. New Sec.  386.1(c)(1), (2), and (3) concern the filing of 
substantial complaints, the filing of harassment complaints, and the 
filing of coercion complaints, respectively. Similarly, the ELD rule 
failed to modify a reference to the coercion complaint process made 
necessary by the rule's restructuring of Sec.  386.12. This rule 
corrects the applicable cross-reference in Sec.  390.6(b)(1), replacing 
the reference to Sec.  386.12(e) with Sec.  386.12(c).
---------------------------------------------------------------------------

    \7\ November 30, 2015 (80 FR 74695, at 74709).
---------------------------------------------------------------------------

Sec.  391.42 Schedule for Use of Medical Examiners Listed on the 
National Registry

    FMCSA removes Sec.  391.42. The requirement that all medical 
examinations performed ``on or after May 21, 2014 . . . must be 
conducted by a medical examiner'' listed on the National Registry is 
not necessary as it duplicates the requirements in Sec.  391.43.

Sec.  391.43 Medical Examination and Certificate of Physical 
Examination

    FMCSA makes several amendments to a driver's medical exam, the form 
used to record the results of the exam, and the certificate issued upon 
completion of the exam. FMCSA amends Sec.  391.43(a) to remove the 
reference to Sec.  391.42, which is being deleted as discussed above.
    The Agency also amends paragraph (f), first by removing paragraph 
(f)(1) because the use of the previous form authorized by that 
paragraph is no longer permitted. Second, the remaining text (from 
paragraph (f)(2) which went into effect on December 22, 2015) is 
revised to remove the effective date. Third, the latest approved 
version of Medical Examination Report (MER) Form, MCSA-5875 replaces 
the previous version.
    Similar changes are made in paragraph (h) of Sec.  391.43. First, 
FMCSA removes paragraph (h)(1) because the use of the previous form 
authorized by that paragraph is no longer permitted. Second, the Agency 
revises the remaining text (from paragraph (h)(2) which went into 
effect on December 22, 2015) to remove the effective date. Third, the 
Agency updates the version of Medical Examiner's Certificate (MEC) 
Form, MCSA-5876. Both the MER and MEC forms have been approved by OMB 
for use through August 31, 2018, under OMB number 2126-0006.

Sec.  392.9b Safety Registration

    FMCSA revises the heading for paragraph (a) in Sec.  392.9b, as 
well as the text within paragraph (a) to replace the term ``USDOT 
Registration'' with ``safety registration.'' This change should have 
been made as part of the Unified Registration System rule that was 
published on August 23, 2013 (78 FR 52608), and it should have gone 
into effect along with other changes to this section on November 1, 
2013. FMCSA revises the term to conform to the terminology that is 
currently in place within the Unified Registration System, where there 
is no ``USDOT Registration.'' Rather, there are USDOT numbers, 
operating authority registration, and safety registration. As a result, 
this change should have no impact on the type of registrations that a 
motor carrier could receive from FMCSA.

Sec.  395.1 Restoration of Supporting Documents Exception for 100 Air-
Mile Radius Drivers

    FMCSA revises Sec.  395.1(e)(1) to restore the supporting documents 
exception for 100 air-mile radius drivers inadvertently

[[Page 68342]]

removed by a FAST Act final rule \8\ published on July 22, 2016. The 
ELD \9\ rule added the supporting documents exception for 100 air-mile 
radius drivers, but the FAST Act rule inadvertently removed it when 
FMCSA revised Sec.  395.1(e)(1) to add new 49 U.S.C. 31502(f)(1) that 
exempts drivers of ready-mixed concrete delivery vehicles from keeping 
records of duty status under certain circumstances. FMCSA revises the 
introductory text of paragraph (e)(1) to restore it to read as set out 
in the regulatory text at the end of this document.
---------------------------------------------------------------------------

    \8\ Amendments To Implement Certain Provisions of the Fixing 
America's Surface Transportation Act or ``FAST Act,'' July 22, 2016 
(81 FR 47714, at 47721).
    \9\ Electronic Logging Devices and Hours of Service Supporting 
Documents final rule, December 16, 2015 (80 FR 78292, at 78381).
---------------------------------------------------------------------------

Sec.  395.8 Driver's Record of Duty Status

    Since publication of the ELD rule in December 2015, FMCSA has 
received a significant number of questions asking how a motor carrier 
can determine whether a commercial motor vehicle was manufactured 
before model year 2000, thus allowing its driver to use paper records 
of duty status instead of the ELD required in most other cases. FMCSA 
amends Sec.  395.8 to include an additional qualifying phrase to 
paragraph (a)(1)(iii)(A)(4) inserted after ``model year 2000.'' The 
model year 2000 will be determined during roadside inspections ``as 
reflected in the vehicle identification number as shown on the 
vehicle's registration.'' The vehicle identification number includes 
the model year. This will be particularly useful in light of the 
installation of truck-tractor glider kits. This technical correction 
eliminates any ambiguity.

Sec.  397.73 Hazardous Material (HM) Public Information and Reporting 
Requirements

    FMCSA provides routing agencies with an alternative email address 
for reporting changes to their HM route registries. Each State and 
Indian tribe, through its routing agency, must provide information to 
FMCSA under Sec.  397.73 identifying all non-radioactive hazardous 
material (NRHM) routing designations that exist within its 
jurisdiction. A similar requirement in Sec.  397.103 requires reporting 
of preferred routes for highway route controlled shipments of 
radioactive materials. FMCSA is adding an optional, electronic way to 
send FMCSA the required information in both sections. Currently the 
regulation restricts transmittal to an address using certified mail, 
return receipt requested.

Sec.  397.101 Highway-Route Controlled Quantity Shipments of 
Radioactive Materials

    Currently, Sec.  397.101 requires each carrier that accepts for 
transportation a highway route controlled quantity of hazardous 
material, as defined in 49 CFR 173.403, to file certain information 
with FMCSA after accepting the package for transportation. FMCSA no 
longer uses this information, and therefore removes paragraph (g) from 
Sec.  397.101.

Sec.  398.1 Transportation of Migrant Workers

    FMCSA amends the definition of a migrant worker motor carrier to be 
consistent with the ICCTA's elimination of the terms ``contract'' and 
``common'' in the phrases ``contract carrier by motor vehicle'' and 
``common carrier by motor vehicle.'' FMCSA revises the definition to 
read as set out in the regulatory text at the end of this document.

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, Jan. 18, 2011), or 
within the meaning of the DOT regulatory policies and procedures (44 FR 
1103, Feb. 26, 1979). Thus, the Office of Management and Budget (OMB) 
did not review this document. We expect the final rule will have no 
costs; therefore, a full regulatory evaluation is unnecessary.

Regulatory Flexibility Act

    Pursuant to the Regulatory Flexibility Act (RFA) 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 final regulatory flexibility analysis under 5 
U.S.C. 604(a) for this final rule because the Agency has not issued a 
notice of proposed rulemaking prior to this action. FMCSA has 
determined that it has good cause to adopt the rule without notice and 
comment.

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 $155 
million (which is the value of $100 million in 2015 after adjusting for 
inflation) or more in any 1 year.

E.O. 13132 (Federalism)

    A final rule has implications for Federalism under section 1(a) of 
Executive Order 13132 if it has ``substantial direct effects on the 
States, on the relationship between national government and the States, 
or on the distribution of power and responsibilities among various 
levels of government.'' FMCSA has determined that this rule will not 
have substantial direct effects on States, nor will it limit the 
policymaking discretion of States. Nothing in this document preempts or 
modifies any provision of State law or regulation, imposes substantial 
direct unreimbursed compliance costs on any State, or diminishes 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 final rule does not have tribal implications under Executive 
Order 13175 titled, ``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, nor are there any revisions to existing, approved 
collections of information. Therefore, the PRA does not apply to 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

[[Page 68343]]

Order 5610.1, issued March 1, 2004 (69 FR 9680), that this action would 
not have any effect on the quality of the environment. In addition, 
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 those found in this rulemaking; therefore, 
preparation of an environmental assessment or environmental impact 
statement is not necessary.
    FMCSA also analyzed this rule under the Clean Air Act, as amended 
(CAA), section 176(c) (42 U.S.C. 42 U.S.C. 7506(c)), and implementing 
regulations promulgated by the Environmental Protection Agency. 
Approval of this action is exempt from the CAA's general conformity 
requirement since it does not affect direct or indirect emissions of 
criteria pollutants.

E.O. 12898 (Environmental Justice)

    This final rule is not subject to Executive Order 12898 (59 FR 
7629, Feb. 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 final rule under Executive Order 13211 
titled, ``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 titled, ``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. Nevertheless, as this final rule does 
not change the substance of any of the FMCSRs, FMCSA does not believe 
it will have any environmental health or safety impacts on children.

E.O. 12988 (Civil Justice Reform)

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

E.O. 12630 (Taking of Private Property)

    This final rule will not effect a taking of private property or 
otherwise have taking implications under E.O. 12630 titled, 
``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 this final rule does not 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 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 365

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

49 CFR Part 369

    Motor carriers, Reporting and recordkeeping requirements.

49 CFR Part 370

    Freight forwarders, Investigations, Motor carriers.

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 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, Motor of 
household goods.

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

[[Page 68344]]

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 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 395

    Highway safety, Motor carriers, Reporting and recordkeeping 
requirements.

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.

49 CFR Part 398

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

    In consideration of the foregoing, FMCSA is amending 49 CFR chapter 
III, subchapter B, parts 355, 356, 365, 369, 370, 373, 374, 376, 377, 
378, 382, 383, 384, 385, 386, 390, 391, 392, 395, 397, and 398, as set 
forth below:

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

0
1. The authority citation for part 355 continues to read as follows:

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

0
2. Revise the applicability section of appendix A to part 355 to read 
as follows:

Appendix A to Part 355--Guidelines for the Regulatory Review

* * * * *

Applicability

    The requirements must apply to all segments of the motor carrier 
industry, for-hire and private carriers of property and for-hire 
carriers of passengers.
* * * * *

PART 356--MOTOR CARRIER ROUTING REGULATIONS

0
3. The authority citation for part 356 continues to read as follows:

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


Sec.  356.7  [Removed]

0
4. Remove Sec.  356.7.


Sec.  356.9  [Removed]

0
5. Remove Sec.  356.9.


Sec.  356.11  [Removed]

0
6. Remove Sec.  356.11.


Sec.  356.13  [Removed]

0
7. Remove Sec.  356.13.

PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

0
8. The authority citation for part 365 continues to read as follows:

     Authority:  5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 
13901-13906, 14708, 31138, and 31144; sec. 5524 of Pub. L. 114-94, 
129 Stat. 1312, 1560; and 49 CFR 1.87.


0
9. Amend Sec.  365.105 by revising paragraph (b) to read as follows:


Sec.  365.105   Starting the application process: Form OP-1.

* * * * *
    (b) Obtain forms at a FMCSA Division Office in each State or at one 
of the FMCSA Service Centers. Addresses and phone numbers for the 
Division Offices and Service Centers can be found at: https://www.fmcsa.dot.gov/mission/field-offices. The forms and information 
about filing procedures can be downloaded at: https://www.fmcsa.dot.gov/registration/registration-forms.

0
10. Amend Sec.  365.205 by revising paragraph (d) to read as follows:


Sec.  365.205   Contents of the protest.

* * * * *
    (d) Protests must respond directly to the statutory standards for 
FMCSA review of the application. As these standards vary for particular 
types of applications, potential protestants should refer to the 
general criteria addressed at Sec.  365.107 and may consult the FMCSA 
at 800-832-5660 or via the web form at https://www.fmcsa.dot.gov/ask 
for further assistance in developing their evidence.

0
11. Amend Sec.  365.413 by revising paragraph (b) and adding paragraph 
(c) to read as follows:


Sec.  365.413   Procedures for changing the name or business form of a 
motor carrier, freight forwarder, or property broker.

* * * * *
    (b) Procedures. To accomplish these changes, a letter or signed 
copy of form MCSA-5889, ``Motor Carrier Records Change Form,'' OMB No. 
2126-0060, must be submitted to the Federal Motor Carrier Safety 
Administration. It must be submitted in one of the following three 
ways.
    (1) Scanned and submitted via the web form at https://www.fmcsa.dot.gov/ask;
    (2) Faxed to (202-366-3477); or
    (3) Mailed to the Federal Motor Carrier Safety Administration, 
Office of Registration and Safety Information (MC-RS), 1200 New Jersey 
Ave. SE., Washington, DC 20590-0001. The envelope should be marked 
``NAME CHANGE''.
    (c) The registrant must provide:
    (1) The docket number(s) and name of the carrier, freight 
forwarder, or property broker requesting the change;
    (2) A copy of the articles of incorporation and the State 
certificate reflecting the incorporation;
    (3) The name(s) of the owner(s) of the stock and the distribution 
of the shares;
    (4) The names of the officers and directors of the corporation; and
    (5) A statement that there is no change in the ownership, 
management, or control of the business. When this procedure is being 
used to transfer operating rights from a deceased or incapacitated 
spouse to the other spouse, documentation that the other spouse has the 
legal right to effect such change must be included with the request. 
The fee for filing a name change request is in Sec.  360.3(f) of this 
chapter.

PART 369--REPORTS OF MOTOR CARRIERS

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

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


0
13. Amend Sec.  369.1 by revising the heading and paragraph (a) 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.

    (a) Annual Report Form M. All class I and class II for-hire, non-
exempt motor carriers of property, including household goods and dual 
property motor carriers, must file Motor Carrier Annual Report Form M 
(Form M). Carriers must file the annual report on or before March 31 of 
the year following

[[Page 68345]]

the year to which it relates. For classification criteria, see Sec.  
369.2.
* * * * *

0
14. Amend Sec.  369.2 by revising the heading and the introductory text 
of paragraph (a) to read as follows:


Sec.  369.2   Classification of carriers--for-hire, non-exempt motor 
carriers of property, household goods carriers, and dual property 
carriers.

    (a) For-hire, non-exempt motor carriers of property are grouped 
into the following three classes:
* * * * *

0
15. Amend Sec.  369.3 by revising the heading and the introductory text 
of paragraph (a) to read as follows:


Sec.  369.3   Classification of carriers--for-hire, non-exempt motor 
carriers of passengers.

    (a) For-hire, non-exempt motor carriers of passengers are grouped 
into the following two classes:
* * * * *

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

0
16. The authority citation for part 370 continues to read as follows:

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

0
17. Amend Sec.  370.9 by revising paragraph (b) to read as follows:


Sec.  370.9   Disposition of claims.

* * * * *
    (b) When settling a claim for loss or damage, a household goods 
motor carrier as defined in Sec.  375.103 of this subchapter shall use 
the replacement costs of the lost or damaged item as a base to apply a 
depreciation factor to arrive at the current actual value of the lost 
or damaged item.

PART 373--RECEIPTS AND BILLS

0
18. The authority citation for part 373 continues to read as follows:

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


0
19. Add Sec.  373.100 to read as follows:


Sec.  373.100  Applicability.

    This subpart applies to motor carriers subject to 49 U.S.C. 
subtitle IV, part B (secs. 13101-14916).

0
20. Amend Sec.  373.101 by revising the heading and introductory text 
to read as follows:


Sec.  373.101  For-hire, non-exempt motor carrier bills of lading.

    Every motor carrier subject to Sec.  373.100 shall issue a receipt 
or bill of lading for property tendered for transportation in 
interstate or foreign commerce containing the following information:
* * * * *

0
21. Amend Sec.  373.103 by revising the heading and paragraphs (a) 
introductory text and (b) introductory text to read as follows:


Sec.  373.103   For-hire, non-exempt expense bills.

    (a) Property. Every for-hire, non-exempt motor carrier shall issue 
a freight or expense bill for each shipment transported containing the 
following information:
* * * * *
    (b) Charter transportation of passenger service. Every for-hire, 
non-exempt motor carrier providing charter transportation of passenger 
service shall issue an expense bill containing the following 
information:
* * * * *

PART 374-- PASSENGER CARRIER REGULATIONS

0
22. The authority citation for part 374 continues to read as follows:

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


0
23. Add Sec.  374.1 before subpart A to read as follows:


Sec.  374.1  Applicability.

    This part applies to motor carriers subject to 49 U.S.C. subtitle 
IV, part B (secs. 13101-14916).

0
24. Revise the heading for subpart A to read as follows:

Subpart A--Discrimination in Operations of Interstate Motor 
Carriers of Passengers


Sec.  374.101  [Amended]

0
25. In Sec.  374.101, remove the word ``common''.


Sec.  374.103  [Amended]

0
26. In Sec.  374.103, remove the word ``common''.


Sec.  374.105  [Amended]

0
27. In Sec.  374.105, remove the word ``common''.


Sec.  374.107  [Amended]

0
28. In Sec.  374.107, remove the word ``common'' and the word 
``Common''.


Sec.  374.109  [Amended]

0
29. In Sec.  374.109, remove the word ``common''.


Sec.  374.111  [Amended]

0
30. In Sec.  374.111, remove the word ``common''.


Sec.  374.113  [Amended]

0
31. In Sec.  374.113, paragraph (a), remove the word ``common''.


Sec.  374.201  [Amended]

0
32. In Sec.  374.201, remove the word ``common''.

0
33. Revise the heading for subpart C to read as follows:

Subpart C--Adequacy of Intercity Motor Carrier Passenger Service


Sec.  374.301  [Amended]

0
34. In Sec.  374.301, remove the word ``common''.


Sec.  374.303  [Amended]

0
35. In Sec.  374.303, paragraph (a), remove the word ``common''.

0
36. Revise Sec.  374.401 to read as follows:


Sec.  374.401   Minimum permissible limitations for baggage liability.

    Motor carriers of passengers and baggage subject to 49 U.S.C. 13501 
may not publish tariff provisions limiting their liability for loss or 
damage to baggage checked by a passenger transported in regular route 
or special operations unless:
    (a) The amount for which liability is limited is $250 or greater 
per adult fare; and
    (b) The provisions permit the passenger, for an additional charge, 
to declare a value in excess of the limited amount, and allow the 
passenger to recover the increased amount (but not higher than the 
actual value) in event of loss or damage. The carriers may publish a 
maximum value for which they will be liable, but that maximum value may 
not be less than $1,000. Appropriate identification must be attached 
securely by the passenger to each item of baggage checked, indicating 
in a clear and legible manner the name and address to which the baggage 
should be forwarded if lost and subsequently recovered. Identification 
tags shall be made immediately available by the carriers to passengers 
upon request.
    (c) Carriers need not offer excess value coverage on articles 
listed in Sec.  374.307(c)(3).


Sec.  374.403  [Amended]

0
37. In Sec.  374.403, paragraph (a), remove the word ``common''.

[[Page 68346]]

Sec.  374.405  [Amended]

0
38. In Sec.  374.405, remove the word ``common''.

Subpart E--Incidental Charter Rights

0
39. The authority citation for subpart E to part 374 is revised to read 
as follows:

    Authority:  49 U.S.C. 13301, 13501, 13506; and 49 CFR 1.87.


Sec.  374.501  [Amended]

0
40. Amend Sec.  374.501 by removing ``[49 U.S.C. 10932(c)]''.

PART 376--LEASE AND INTERCHANGE OF VEHICLES

0
41. The authority citation for part 376 continues to read as follows:

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

0
42. Amend Sec.  376.1 by revising the introductory text and paragraph 
(c) to read as follows:


Sec.  376.1   Applicability.

    The regulations in this part apply to the following actions by 
motor carriers registered with the Secretary to transport property 
under 49 U.S.C. subtitle IV, part B:
* * * * *
    (c) The interchange of equipment between for-hire motor carriers in 
the performance of transportation regulated by the Secretary.


Sec.  376.2  [Amended]

0
43. Amend Sec.  376.2 by removing the term ``common'' in paragraph (c).

0
44. Amend Sec.  376.31 as follows:
0
a. Revise the introductory text; and
0
b. Revise the introductory text of paragraph (d), the first sentence of 
paragraph (d)(1), and the first sentence of paragraph (d)(2).
    The revisions read as follows:


Sec.  376.31   Interchange of equipment.

    Authorized for-hire motor carriers may interchange equipment under 
the following conditions:
* * * * *
    (d) Identification of equipment. The authorized for-hire motor 
carrier receiving the equipment shall identify equipment operated by it 
in interchange service as follows:
    (1) The authorized for-hire motor carrier shall identify power 
units in accordance with FMCSA's requirements in 49 CFR part 390 
(Identification of Vehicles). * * *
    (2) Unless a copy of the interchange agreement is carried on the 
equipment, the authorized for-hire motor carrier shall carry a 
statement with each vehicle during interchange service certifying that 
it is operating the equipment. * * *
* * * * *

PART 377--PAYMENT OF TRANSPORTATION CHARGES

0
45. The authority citation for part 377 continues to read as follows:

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


0
46. Revise Sec.  377.101 to read as follows:


Sec.  377.101   Applicability.

    (a) Applicability. The rules and regulations in this part apply to 
the transportation by motor vehicle of cash-on-delivery (c.o.d.) 
shipments by all for-hire motor carriers of property subject to 49 
U.S.C. 13702.
    (b) Exceptions. (1) The rules in this part do not apply to 
transportation which is auxiliary to or supplemental of transportation 
by railroad and performed on railroad bills of lading.
    (2) The rules in this part do not apply to transportation which is 
performed for freight forwarders and on freight forwarder bills of 
lading.


Sec.  377.103   [Amended]

0
47. Amend Sec.  377.103 by removing the term ``common'' and adding in 
its place the term ``motor''.


Sec.  377.105   [Amended]

0
48. Amend Sec.  377.105 by removing the term ``common'' and adding in 
its place the term ``motor''.

0
49. Revise the heading to subpart B of part 377 to read as follows:

Subpart B--Extension of Credit to Shippers by For-Hire, Non-Exempt 
Motor Carriers and Household Goods Freight Forwarders

0
50. Revise Sec.  377.201 to read as follows:


Sec.  377.201   Scope.

    (a) General. These regulations apply to the extension of credit in 
the transportation of property under Federal Motor Carrier Safety 
Administration regulation by for-hire, non-exempt motor carriers and 
household goods freight forwarders subject to 49 U.S.C. subtitle IV, 
part B, except as otherwise provided.
    (b) Exceptions. These regulations do not apply to--
    (1) Transportation for--
    (i) The United States or any department, bureau, or agency thereof;
    (ii) Any State or political subdivision thereof; or
    (iii) The District of Columbia.
    (2) Property transportation incidental to passenger operations.


Sec.  377.217   [Amended]

0
51. Amend Sec.  377.217 by removing the term ``common'' and adding in 
its place the term ``motor''.

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

0
52. The authority citation for part 378 continues to read as follows:

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


Sec.  378.1   [Amended]

0
53. Amend Sec.  378.1 by removing the term ``common''.


Sec.  378.2   [Amended]

0
54. Amend Sec.  378.2 by removing the term ``common'' in paragraph (a).

PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

0
55. 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.


0
56. Amend Sec.  382.103 by revising paragraph (d)(3)(i)(C) to read as 
follows:


Sec.  382.103   Applicability.

* * * * *
    (d) * * *
    (3) * * *
    (i) * * *
    (C) Not used in the operations of a for-hire motor carrier, except 
for an exempt motor carrier as defined in Sec.  390.5 of this 
subchapter;
* * * * *


Sec.  382.305  [Amended]

0
57. In Sec.  382.305, amend paragraph (b)(2) by removing ``50 percent'' 
and adding in its place ``25 percent''.

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

0
58. 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. 
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. 7208 of Pub. L. 114-94, 129 Stat. 1312, 1593; 
and 49 CFR 1.87.


0
59. Amend Sec.  383.3 by revising paragraph (d)(1)(iii) to read as 
follows:

[[Page 68347]]

Sec.  383.3   Applicability.

* * * * *
    (d) * * *
    (1) * * *
    (iii) Not used in the operations of a for-hire motor carrier, 
except for an exempt motor carrier as defined in Sec.  390.5 of this 
subchapter;
* * * * *

0
60. Amend Sec.  383.5 by revising the definition of School bus to read 
as follows:


Sec.  383.5   Definitions.

* * * * *
    School bus means a CMV used to transport pre-primary, primary, or 
secondary school students from home to school, from school to home, or 
to and from school-sponsored events. School bus does not include 
operations of a for-hire motor carrier.
* * * * *

0
61. Amend Sec.  383.77 by revising paragraph (a)(5) to read as follows:


Sec.  383.77  Substitute for driving skills tests for drivers with 
military CMV experience.

* * * * *
    (a) * * *
    (5) Has not had any conviction for a violation of military, State 
or local law relating to motor vehicle traffic control (other than a 
parking violation) arising in connection with any traffic accident, and 
has no record of an accident in which he/she was at fault; and
* * * * *


Sec.  383.131  [Amended]

0
62. Amend Sec.  383.131 by removing all references to ``July 2010'' and 
adding in its place the phrase ``July 2010 or newer''.


Sec.  383.133  [Amended]

0
63. Amend Sec.  383.133 by removing all references to ``July 2010'' and 
adding in its place the phrase ``July 2010 or newer''.

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

0
64. The authority citation for part 384 is continues to read as 
follows:

    Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103 
and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; and 49 CFR 1.87.

0
65. Revise Sec.  384.401 to read as follows:


Sec.  384.401  Withholding of funds based on noncompliance.

    (a) Following the first year of noncompliance. An amount up to 4 
percent of the Federal-aid highway funds required to be apportioned to 
any State under each of sections 104(b)(1), (b)(3), and (b)(4) of title 
23 U.S.C. shall be withheld from a State on the first day of the fiscal 
year following such State's first year of noncompliance under this 
part.
    (b) Following second and subsequent year(s) of noncompliance. An 
amount up to 8 percent of the Federal-aid highway funds required to be 
apportioned to any State under each of sections 104(b)(1), (b)(3), and 
(b)(4) of title 23 U.S.C. shall be withheld from a State on the first 
day of the fiscal year following such State's second or subsequent 
year(s) of noncompliance under this part.


Sec.  384.407  [Removed and Reserved]

0
66. Remove and reserve Sec.  384.407.

PART 385--SAFETY FITNESS PROCEDURES

0
67. The authority citation for part 385 continues to read as follows:

    Authority:  49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 13901-
13905, 31133, 31135, 31136, 31137, 31144, 31148, and 31502; Sec. 
113(a), Pub. L. 103-311; Sec. 408, Pub. L. 104-88, 109 Stat. 803, 
958; Sec. 350, Pub. L. 107-87; and 49 CFR 1.87.


0
68. Revise Sec.  385.303 to read as follows:


Sec.  385.303  How does a motor carrier register with the FMCSA?

    A motor carrier may contact the FMCSA by internet 
(www.fmcsa.dot.gov); or Washington, DC headquarters by mail at, Federal 
Motor Carrier Safety Administration, 1200 New Jersey Ave. SE., 
Washington, DC 20590-0001; fax 202-366-3477; or telephone 1-800-832-
5660, and request the application materials for a new entrant motor 
carrier. Forms can also be downloaded from https://www.fmcsa.dot.gov/registration/registration-forms. A motor carrier which does not already 
have a USDOT number must apply online via the Unified Registration 
System (URS) at www.fmcsa.dot.gov/urs.

0
69. Amend appendix B to part 385 as follows:
0
a. Revise paragraph (c) of the introductory text.
0
b. Republish section II.(c).
0
c. In section VII, revise the entries for Sec. Sec.  395.8(a)(2)(ii) 
and 395.11(b).
    The revisions read as follows:

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

* * * * *
    (c) To meet the safety fitness standard, a motor carrier must 
demonstrate to the FMCSA that it has adequate safety management 
controls in place which function effectively to ensure acceptable 
compliance with the applicable safety requirements. A ``safety 
fitness methodology'' (SFRM) was developed by the FMCSA, which uses 
data from compliance reviews (CRs) and roadside inspections to rate 
motor carriers.
* * * * *

II. Converting CR Information Into a Safety Rating

* * * * *
    (c) Critical regulations are those identified as such where 
noncompliance relates to management and/or operational controls. 
These are indicative of breakdowns in a carrier's management 
controls. An example of a critical regulation is Sec.  395.3(a)(1), 
requiring or permitting a property-carrying commercial motor vehicle 
driver to drive more than 11 hours.
* * * * *

VII. List of Acute and Critical Regulations

* * * * *


Sec.  395.8(a)(2)(ii)  Failure to require a driver to submit record of 
duty status (critical).

* * * * *


Sec.  395.11(b)  Failing to require a driver to submit supporting 
documents (critical).

* * * * *

PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS

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

    Authority: 49 U.S.C. 113; 49 U.S.C. 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; Sec. 701 of Pub. L. 114-74, 129 Stat. 584, 
599; and 49 CFR 1.81 and 1.87.


0
71. Amend Sec.  386.1 by revising paragraph (c) to read as follows:


Sec.  386.1  Scope of rules in this part.

* * * * *
    (c)(1) The rules in Sec.  386.12(a) govern the filing of a 
complaint of a substantial violation and the handling of the complaint 
by the appropriate Division Administrator.
    (2) The rules in Sec.  386.12(b) govern the filing by a driver and 
the handling by the appropriate Division Administrator of a complaint 
of harassment in violation of Sec.  390.36 of this subchapter.
    (3) The rules in Sec.  386.12(c) govern the filing by a driver and 
the handling by the appropriate Division Administrator of a complaint 
of coercion in violation of Sec.  390.6 of this subchapter.

[[Page 68348]]

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

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

    Authority:  49 U.S.C. 504, 508, 31132, 31133, 31134, 31136, 
31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103-311, 108 
Stat. 1673, 1677-1678; sec. 212, 217, Pub. L. 106-159, 113 Stat. 
1748, 1766, 1767; sec. 229, Pub. L. 106-159 (as transferred by sec. 
4114 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; 
sec. 32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 830; 
sec. 2, Pub. L. 113-125, 128 Stat. 1388; sec. 5518, 5524, Pub. L. 
114-94, 129 Stat. 1312, 1558, 1560; and 49 CFR 1.81, 1.81a, and 
1.87.


0
73. Amend Sec.  390.6 by revising paragraph (b)(1) to read as follows:


Sec.  390.6  Coercion prohibited.

* * * * *
    (b) * * *
    (1) A driver who believes he or she was coerced to violate a 
regulation described in paragraph (a)(1) or (2) of this section may 
file a written complaint under Sec.  386.12(c) of this subchapter.
* * * * *

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

0
74. The authority citation for part 391 continues to read as follows:

    Authority:  49 U.S.C. 504, 508, 31133, 31136, 31149, 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; 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.  391.42  [Removed]

0
75. Remove Sec.  391.42.

0
76. Amend Sec.  391.43 by revising paragraphs (a), (f), and (h) to read 
as follows:


Sec.  391.43   Medical examination; certificate of physical 
examination.

    (a) Except as provided by paragraph (b) of this section, the 
medical examination must be performed by a medical examiner listed on 
the National Registry of Certified Medical Examiners under subpart D of 
part 390 of this chapter.
* * * * *
    (f) The medical examination shall be performed, and its results 
shall be recorded on the Medical Examination Report Form, MCSA-5875, 
set out below:
BILLING CODE 4910-EX-P

[[Page 68349]]

[GRAPHIC] [TIFF OMITTED] TR04OC16.141


[[Page 68350]]


[GRAPHIC] [TIFF OMITTED] TR04OC16.142


[[Page 68351]]


[GRAPHIC] [TIFF OMITTED] TR04OC16.143


[[Page 68352]]


[GRAPHIC] [TIFF OMITTED] TR04OC16.144


[[Page 68353]]


[GRAPHIC] [TIFF OMITTED] TR04OC16.145


[[Page 68354]]


[GRAPHIC] [TIFF OMITTED] TR04OC16.146


[[Page 68355]]


[GRAPHIC] [TIFF OMITTED] TR04OC16.147


[[Page 68356]]


[GRAPHIC] [TIFF OMITTED] TR04OC16.148


[[Page 68357]]


[GRAPHIC] [TIFF OMITTED] TR04OC16.149

* * * * *
    (h) The medical examiner's certificate shall be completed in 
accordance with the following Form MCSA-5876, Medical Examiner's 
Certificate:

[[Page 68358]]

[GRAPHIC] [TIFF OMITTED] TR04OC16.150

BILLING CODE 4910-EX-C
* * * * *

PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES

0
77. The authority citation for part 392 continues to read as follows:

     Authority:  49 U.S.C. 504, 13902, 31136, 31151, 31502; Section 
112 of Pub. L. 103-311, 108 Stat. 1673, 1676 (1994), as amended by 
sec. 32509 of Pub. L. 112-141, 126 Stat. 405, 805 (2012); sec. 5524 
of Pub. L. 114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87.


0
78. Amend Sec.  392.9b by revising paragraph (a) to read as follows:


Sec.  392.9b  Prohibited transportation.

    (a) Safety registration required. A commercial motor vehicle 
providing transportation in interstate commerce must not be operated 
without a safety registration and an active USDOT Number.
* * * * *

PART 395--HOURS OF SERVICE OF DRIVERS

0
79. The authority citation for part 395 continues 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; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; 
sec. 5206(b) of Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 
1.87.


0
80. Amend Sec.  395.1 by revising the introductory text of paragraph 
(e)(1) to read as follows:


Sec.  395.1   Scope of rules in this part.

* * * * *
    (e) Short-haul operations--(1) 100 air-mile radius driver. A driver 
is exempt from the requirements of Sec. Sec.  395.8 and 395.11 if:
* * * * *

0
81. Amend Sec.  395.8 by revising paragraph (a)(1)(iii)(A)(4) to read 
as follows:


Sec.  395.8   Driver's record of duty status.

    (a) * * *
    (1) * * *
    (iii) * * *
    (A) * * *
    (4) That was manufactured before model year 2000, as reflected in 
the vehicle identification number as shown on the vehicle's 
registration.
* * * * *

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

0
82. 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.


0
83. Amend Sec.  397.73 by revising paragraph (b) to read as follows:


Sec.  397.73   Public information and reporting requirements.

* * * * *
    (b) Reporting and publishing requirements. (1) Each State or Indian 
tribe, through its routing agency, shall provide information 
identifying all NRHM routing designations that exist within its 
jurisdiction by:
    (i) Electronically, by email to HMRouting@dot.gov; or
    (ii) Mail to the Federal Motor Carrier Safety Administration, 
Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave. SE., 
Washington, DC 20590-0001.
    (2) States and Indian tribes shall also submit to FMCSA the current 
name of the State or Indian tribal agency responsible for NHRM highway 
routing designations. The State or Indian tribe shall include 
descriptions of these routing designations, along with the dates they 
were established. Information on any subsequent changes or new NRHM 
routing designations shall be furnished within 60 days after 
establishment to the FMCSA. This

[[Page 68359]]

information will be available from the FMCSA, consolidated by the 
FMCSA, and published annually in whole or as updates in the Federal 
Register. Each State or Indian tribe may also publish this information 
in its official register of State or tribal regulations.
* * * * *


Sec.  397.101  [Amended]

0
84. Amend Sec.  397.101 by removing paragraph (g).

0
85. Amend Sec.  397.103 by revising paragraph (c)(1) to read as 
follows:


Sec.  397.103   Requirements for State routing designations.

* * * * *
    (c) * * *
    (1) The State gives written notice to the Federal Motor Carrier 
Safety Administration:
    (i) By email to HMRouting@dot.gov; or
    (ii) By certified mail, return receipt requested, to the Federal 
Motor Carrier Safety Administration, Office of Enforcement and 
Compliance (MC-EC), 1200 New Jersey Ave., SE., Washington, DC 20590-
0001. Attention: National Hazardous Materials Route Registry.
* * * * *

PART 398--TRANSPORTATION OF MIGRANT WORKERS

0
86. The authority citation for part 398 continues 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.

0
87. Amend Sec.  398.1 by revising paragraph (b) to read as follows:


Sec.  398.1   Definitions.

* * * * *
    (b) Carrier of migrant workers by motor vehicle. ``Carrier of 
migrant worker by motor vehicle'' means any person, including any for-
hire, non-exempt motor carrier conducting contract carriage operations 
as defined in 49 U.S.C. 13102(4)(B), but not including any for-hire, 
non-exempt motor carrier subject to other requirements in 49 U.S.C. 
subtitle IV, part B besides contract carriage operations, who or which 
transports in interstate or foreign commerce at any one time three or 
more migrant workers to or from their employment by any motor vehicle 
other than a passenger automobile or station wagon, except a migrant 
worker transporting himself/herself or his/her immediate family.
* * * * *

    Issued under authority delegated in 49 CFR 1.87 on: September 
15, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-22996 Filed 9-30-16; 11:15 am]
 BILLING CODE 4910-EX-P


