[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Rules and Regulations]
[Pages 22865-22882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10437]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 350, 360, 365, 373, 380, 382, 383, 384, 385, 387, 390, 
393, 395, 396, 397, and 398

RIN 2126-AC06


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 Federal Motor Carrier Safety Regulations. The Agency 
makes minor changes to correct inadvertent errors and omissions, remove 
or update obsolete references, ensure conformity with Office of the 
Federal Register style guidelines, and improve the clarity and 
consistency of certain regulatory provisions.

DATES: This rule is effective June 18, 2018.

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 [email protected]. Office hours are from 
9:00 a.m. to 5:00 p.m. e.t., Monday through Friday, except Federal 
holidays.

SUPPLEMENTARY INFORMATION: 

I. 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. 89-670, 80 Stat. 
931, Oct. 15, 1966). Section 6 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. 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 (and subsequently enacted) authority became known as 
the Federal Motor Carrier Safety Regulations (FMCSRs), codified at 49 
CFR parts 350-399. The administrative powers to enforce chapter 315 
(codified in 49 U.S.C. chapter 5) were also transferred from the ICC to 
the DOT in 1966 and assigned, first to the Federal Highway 
Administration (FHWA), and then to FMCSA. The FMCSA Administrator has 
been delegated authority under 49 CFR 1.87 to carry out the motor 
carrier functions vested in the Secretary of Transportation.
    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 (MCSA) (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 (ICCTA) (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 the 
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); the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users 
(SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144, Aug. 10, 2005); the 
SAFETEA-LU Technical Corrections Act of 2008 (Pub. L. 110-244, 122 
Stat. 1572, June 6, 2008); the Moving Ahead for Progress in the 21st 
Century Act (MAP-21) (Pub. L. 112-141, 126 Stat. 405, July 6, 2012); 
and the Fixing America's Surface Transportation Act (FAST Act) (Pub. L. 
114-94, 129 Stat. 1312, Dec. 4, 2015).
    The specific regulations amended by this rule are based on the 
statutes detailed above. Generally, the legal authority for each of 
those provisions was explained when the requirement was originally 
adopted and is noted at the beginning of each part in title 49 of the 
CFR.
    The Administrative Procedure Act (APA) (5 U.S.C. 551-706) 
specifically provides exceptions to its notice and comment rulemaking 
procedures when the Agency finds there is good cause to dispense with 
them, and incorporates the finding and a brief statement of reasons 
therefore in the rules issued. Generally, good cause exists when the 
Agency determines that notice and public procedures are impractical, 
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, 
ensure conformity with Office of the Federal Register style guidelines, 
and make minor changes to improve clarity and consistency. The 
technical amendments do not impose any material new requirements or 
increase compliance obligations. For these reasons, FMCSA finds good 
cause that notice and public comment on this final rule are 
unnecessary.
    The APA also allows agencies to make rules effective immediately 
with good cause (5 U.S.C. 553(d)(3)), instead of requiring publication 
30 days prior to the effective date. For the reasons already stated, 
FMCSA finds there is good cause for this rule to be effective 
immediately.
    FMCSA is aware of the regulatory requirements 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 a major rule, they are not applicable. In any event, the 
Agency finds that publication of an advance notice of proposed 
rulemaking under 49 U.S.C.

[[Page 22866]]

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'' means any rule that the Administrator of 
the Office of Information and Regulatory Affairs of the Office of 
Management and Budget finds has resulted in or is likely to result 
in (a) an annual effect on the economy of $100 million or more; (b) 
a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or 
geographic regions; or (c) significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based enterprises to compete with 
foreign-based enterprises in domestic and export markets 5 U.S.C. 
804(2)). Exception: The term ``major rule'' does not include any 
rule promulgated under the Telecommunications Act of 1996 and the 
amendments made by that Act.
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II. Background

    This document makes changes to correct inadvertent errors and 
omissions, remove or update obsolete references, ensure conformity with 
Office of the Federal Register style guidelines, and improve clarity 
and consistency. These amendments, however, do not impose any material 
new requirements. The reasons for each of these minor revisions are 
described below in the Section-by-Section Analysis.

III. Section-by-Section Analysis

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

A. Part 350

Section 350.105 What definitions are used in this part?
    FMCSA adds a definition of ``New Entrant Safety Audits'' to Sec.  
350.105. On October 14, 2016 (81 FR 71002, 71010), FMCSA made various 
amendments to Sec.  350.105 to ensure the section was current and 
consistent with the requirements of the FAST Act, enacted on December 
4, 2015. Inadvertently, the definition for ``New Entrant Safety 
Audits'' was not included in the amendatory language--the description 
of a rule that immediately precedes each change--though it was included 
in the regulatory text itself. This addition corrects this oversight.
Section 350.335 What are the consequences if a state has laws or 
regulations incompatible with the federal regulations?
    FMCSA corrects the introductory text for paragraph (a) by changing 
a cross reference incorrectly given as ``49 CFR 320.215'' to read ``49 
CFR 350.215.'' This error originally appeared in a rule FMCSA published 
to conform part 350 to the FAST Act on October 14, 2016 (81 FR 71015). 
This amendment corrects that error.

B. Part 360

Section 360.1T Fees for Registration-Related Services
    FMCSA changes Sec.  360.1T to correct the name of the office and 
routing code of the ``Office of Data Analysis and Information Systems'' 
to read the ``Office of Registration and Safety Information (MC-RS)'' 
in paragraphs (a) and (d)(2). This change reflects the current name of 
the office with those responsibilities. Section 360.1 (suspended) does 
not require a corresponding change.
Section 360.3T Filing Fees
    In Sec.  360.3T, paragraphs (a)(2) introductory text and 
(a)(2)(iii), FMCSA removes the references to ``Office of Enforcement 
and Compliance, Insurance Compliance Division (MC-ECI).'' In their 
place, FMCSA adds references to the ``Office of Registration and Safety 
Information (MC-RS).'' In paragraphs (e)(2)(i) and (e)(2)(iii), FMCSA 
removes the references to ``Director, Office of Data Analysis and 
Information Systems'' and replaces them with references to the 
``Director, Office of Registration and Safety Information (MC-RS).'' 
This change reflects the current name of the office with those 
responsibilities. Section 360.3 (suspended) refers to the office 
correctly.

C. Part 365

Section 365.403T Definitions
    FMCSA changes Sec.  365.403T(a), which defines ``transfer,'' to 
remove the footnote as originally drafted by the former ICC and, 
instead, make it part of the CFR text. This amendment makes the former 
footnote paragraph (a)(2). This footnote has been part of the rule text 
since it was originally published on February 18, 1988 (52 FR 4852). 
The footnote further describes what is meant by a transfer, and 
contains exceptions. It should properly be part of the regulatory text. 
Section 365.403 (suspended) does not require a corresponding change.

D. Part 373

Section 373.103 For-Hire, Non-Exempt Expense Bills
    FMCSA reorganizes Sec.  373.103 to number the undesignated 
paragraphs following paragraphs (a)(11) and (b)(11). The Agency 
redesignates current paragraphs (a)(1) through (11) as paragraphs 
(a)(1)(i) through (xi) and the undesignated paragraph as (a)(2). 
Paragraphs (b)(1) through (11) are redesignated as paragraphs (b)(1)(i) 
through (xi) and the undesignated paragraph becomes paragraph (b)(2). 
Though these undesignated paragraphs have been part of the rule since 
it was added by the ICC as 49 CFR 1051.2 on March 27, 1990 (55 FR 
11198), undesignated paragraphs are contrary to the style of the Office 
of the Federal Register, which requires that all text in a section be 
designated.\2\
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    \2\ Document Drafting Handbook, Office of the Federal Register, 
National Archives and Records Service, updated May 2017. Page 3-31
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E. Part 380

Section 380.107 General Requirements
    FMCSA corrects the reference to ``appendix'' in paragraph (a) to 
refer to ``Appendix F.'' On December 8, 2016 (81 FR 88794), FMCSA 
redesignated the existing appendix to part 380 as Appendix F, but 
failed to correct all the cross references to the appendix. This 
amendment corrects that oversight.
Section 380.109 Driver Testing
    In Sec.  380.109, published March 30, 2004 (69 FR 16733), the 
Agency makes a number of corrections. FMCSA corrects the references to 
``appendix'' in paragraphs (a)(1), (a)(5), (a)(6), and (a)(7) to refer 
to ``Appendix F.'' On December 8, 2016 (81 FR 88794), FMCSA 
redesignated the existing appendix to part 380 as Appendix F, but 
failed to correct all the cross references to the appendix.
    FMCSA also removes paragraph (d), which references the ``Examiner's 
Manual for Commercial Driver's License Tests.'' This American 
Association of Motor Vehicle Administrators (AAMVA) publication is 
intended for use by the States, and is not available to the general 
public.
Section 380.201 General Requirements
    FMCSA corrects references to ``appendix'' in paragraphs (a) 
introductory text and (b) to read ``Appendix F.'' On December 8, 2016 
(81 FR 88794), FMCSA redesignated the existing appendix to part 380 as 
Appendix F, but failed to correct all the cross references to the 
appendix.
Section 380.203 LCV Doubles
    FMCSA corrects the references to ``appendix'' in paragraph (b) to 
read ``Appendix F.'' On December 8, 2016 (81 FR 88794), FMCSA 
redesignated the existing appendix to part 380 as Appendix F, but did 
not change all the cross references to the appendix.
Section 380.205 LCV Triples
    FMCSA corrects the references to ``appendix'' in paragraph (b) to 
read ``Appendix F.'' On December 8, 2016 (81 FR 88794), FMCSA 
redesignated the existing appendix to part 380 as Appendix F, but 
failed to correct all the cross references to the appendix.

[[Page 22867]]

Section 380.303 Substitute for Instructor Requirements
    FMCSA corrects the references to ``appendix'' in paragraph (a) to 
read ``Appendix F.'' On December 8, 2016 (81 FR 88794), FMCSA 
redesignated the existing appendix to part 380 as Appendix F, but 
failed to correct all the cross references to the appendix.
Subpart E--Entry-Level Driver Training Requirements Before February 7, 
2020
    FMCSA changes the heading of subpart E of part 380 to read: 
``Subpart E--Entry-Level Driver Training Requirements Before February 
7, 2020.'' On December 8, 2016 (81 FR 88790), FMCSA attempted to change 
the heading of subpart E of part 380; however, the Office of the 
Federal Register could not incorporate the amendment into the CFR due 
to an inaccurate amendatory instruction. This corrects that error. The 
sections of subpart E, Sec. Sec.  380.501 to 380.513, were not modified 
by that rulemaking.
Section 380.605 Definitions
    FMCSA reorganizes Sec.  380.605 to make the numbering conform to 
the style required by the Office of the Federal Register using Arabic 
numbers rather than the small Roman numerals used in the December 8, 
2016 (81 FR 88790-91), final rule. The Office of the Federal Register 
recommends to not designate paragraphs and introductory phrases, such 
as was used for (a) and (b) on page 88790. FMCSA has removed paragraph 
designations (a) and (b), so that the information is now in an 
undesignated introductory paragraph.
    In the definitions for ``Behind-the-wheel (BTW) instructor,'' and 
``Theory instructor,'' FMCSA also amends the paragraphs that begin 
``Exception,'' to show that they are actually applicable to subordinate 
paragraphs (1) and (2), not just subordinate paragraph (2). The Agency 
inadvertently made this error when these two definitions were added, 
but the preamble to the December 8, 2016, final rule made this fact 
clear at 81 FR 88775.
Section 380.713 Instructor Requirements
    FMCSA revises Sec.  380.713 to correct several grammatical errors. 
No substantive changes are made.
Appendix A to Part 380--Class A--CDL Training Curriculum
    FMCSA corrects Units A1.2.7 and A1.5.6 by removing small, 
typographical errors and grammatical mistakes. FMCSA added Appendix A 
as part of the entry-level driver training rule on December 8, 2016 (81 
FR 88794).
Appendix B to Part 380--Class B--CDL Training Curriculum
    FMCSA corrects Appendix B by changing a heading, incorrectly 
numbered as ``Unit 1.3,'' to correctly read ``Unit B1.1.3 Pre- and 
Post-Trip Inspections.'' Appendix B to Part 380 was added December 8, 
2016 (81 FR 88797).

F. Part 382

Section 382.403 Reporting of Results in a Management Information System
    In Sec.  382.403(e), FMCSA adds the phrase ``as defined in 49 CFR 
382.107.'' FMCSA wants to clarify that ``Designated employer 
representative'' is a specific term defined in Sec.  382.107.

G. Part 383

Section 383.5 Definitions
    In Sec.  383.5, FMCSA changes the definition of ``Conviction'' to 
correct the last word of the entry to read ``probated,'' rather than 
``prorated,'' to correct an error introduced in an October 2, 2014 
technical amendment (79 FR 59451, 59455-56). FHWA published its revised 
definition of ``Conviction'' on October 4, 1988 (53 FR 39050). It was 
based on Section 6-205(c) of the Uniform Vehicle Code [1987] as adopted 
by the Legal Services Committee of AAMVA, and read: ``Conviction means 
. . . regardless of whether or not the penalty is rebated, suspended, 
or probated.''
Section 383.23 Commercial Driver's License
    FMCSA amends footnote 1 to Sec.  383.23(b)(1). The commercial 
drivers' license reciprocity memorandum of understanding (MOU) between 
the United States and Mexico was amended effective January 19, 2017; 
therefore, FMCSA updates the footnote to reflect the date of the 
amended MOU.
Section 383.73 State Procedures
    FMCSA changes Sec.  383.73(b)(8) by removing a cross reference to 
Sec.  383.71(b)(1)(i). This corrects a typographical error that was 
inadvertently and incorrectly added to the paragraph.

H. Part 384

Section 384.301 Substantial Compliance--General Requirements
    FMCSA adds a new paragraph (k) to Sec.  384.301 to provide the date 
a State must come into substantial compliance with the provisions of 
the Minimum Training Requirements for Entry-Level Commercial Motor 
Vehicle Operators rule. On December 8, 2016 (81 FR 88803), this final 
rule inadvertently added a new paragraph (j) to Sec.  384.301. Because 
there was an existing paragraph (j), the Office of the Federal Register 
could not make that addition. To correct that mistake, FMCSA adds the 
paragraph as Sec.  384.301(k).

I. Part 385

Section 385.203 What are the requirements to obtain and maintain 
certification?
    In paragraph (c), FMCSA corrects the address where the public may 
obtain hard copies of its training, performance, and maintenance of 
certification/qualification requirements.
Appendix B to Part 385--Explanation of Safety Rating Process
    FMCSA corrects Appendix B to Part 385 by updating the section 
citations and text relating to Sec. Sec.  382.309 and 382.605 in 
section VII, List of Acute and Critical Regulations. On December 19, 
2000, the Department revised its drug and alcohol testing regulations 
set forth in 49 CFR part 40 (65 FR 79462). On August 17, 2001, FMCSA 
amended its drug testing rules in 49 CFR part 382 to conform to the new 
requirements contained in part 40. FMCSA explained that employers and 
employees affected by part 382 have always been required to adhere to 
parts 40 and 382 to comply with FMCSA's drug and alcohol testing 
requirements. The rule referred the reader directly to part 40 instead 
of duplicating part 40 rule text in part 382 to promote drafting 
economy and consistency of interpretation (66 FR 43097). As such, the 
rule removed all the prior text from Sec. Sec.  382.309 and 382.605 
and, instead, incorporated by reference the appropriate provisions of 
part 40 (66 FR 43109, 43113). The references to Sec. Sec.  382.309 and 
382.605 in section VII, however, were not updated to reflect the 
revised section citations or direct the reader to the applicable 
provisions in part 40. The following changes correct those errors.
    Paragraphs (a) and (b) of Sec.  382.309 are deleted and replaced by 
a new Sec.  382.309 that combines the return-to-duty testing provisions 
set forth previously in paragraphs (a) and (b) and directs the reader 
to their location in part 40. Paragraph (c)(1) of Sec.  382.605 is 
deleted because it is duplicates the requirements of Sec.  382.309. 
Paragraph (c)(2)(ii) of Sec.  382.605 is deleted and replaced with a 
new citation for Sec.  382.605 that sets forth the provisions 
previously in paragraph (c)(2)(ii) and directs the reader to their 
location in 49 CFR part 40.

[[Page 22868]]

    FMCSA corrects the section citation for ``Sec.  395.8(e)(2)'' by 
adding a reference to Sec.  395.8(e)(3), to correct an oversight.
    The section citation to ``Sec.  172.802(b)'' is corrected to read 
``Sec.  172.802(c)'' to reflect the Pipeline and Hazardous Materials 
Safety Administration (PHMSA) redesignation of that section on March 9, 
2010 (75 FR 10989). FMCSA also changes the section citation to ``Sec.  
173.421(a)'' to read ``Sec.  173.421.'' On July 11, 2014 (79 FR 40613), 
PHMSA revised Sec.  173.421 and FMCSA corrects this citation to reflect 
this.

J. Part 387

Section 387.3 Applicability
    FMCSA amends Sec.  387.3(c)(1) by removing the word ``part'' in the 
first sentence and replacing it with the word ``subpart.'' This change 
is necessary because the Agency inadvertently failed to reconcile 
existing language in part 387 with language introduced as a result of 
the ICCTA (Pub. L. 104-88, sec. 204(a), 109 Stat. 803, 941, Dec. 29, 
1995). Because of the ICCTA, 49 CFR parts 1043 and 1084 were 
redesignated as 49 CFR part 387, subparts C and D, respectively, which 
establish minimum levels of financial responsibility for certain small 
freight vehicles (61 FR 54709, Oct. 21, 1996). This created a conflict 
with the language in Sec.  387.3(c)(1) that states ``the rules in this 
part do not apply to a motor vehicle that has a gross vehicle weight 
rating (GVWR) of less than 10,001 pounds.'' By changing the word 
``part'' to ``subpart,'' the language is reconciled and the conflict is 
eliminated. Because of the addition of subparts C and D to part 387, 
FMCSA also changes ``part'' to ``subpart'' in Sec.  387.3(c)(2).
Section 387.7 Financial Responsibility Required
    FMCSA clarifies Sec.  387.7(b)(3) by reorganizing the section to 
eliminate an undesignated paragraph and by correcting the spelling of 
the word ``Mexican.''
Section 387.33 (Suspended) and Section 387.33T Financial 
Responsibility, Minimum Levels
    FMCSA moves the provision, ``Except as provided in Sec.  
387.27(b),'' now shown as a footnote in both Sec. Sec.  387.33 
(suspended) and 387.33T, to the introductory text in each section. 
Furthermore, FMCSA updates the table in Sec.  387.33T by removing the 
references to the 1983 and 1985 effective dates, which are no longer 
necessary, and showing only the current $5 and $1.5 million minimum 
limits of public liability insurance required. In addition, FMCSA 
clarifies that the seating capacity shown in the table in Sec.  387.33T 
includes the driver, and redesignates the entries in the table as (a) 
and (b) to conform to Office of the Federal Register style.
Section 387.301 (Suspended) and Section 387.301T Surety Bond, 
Certificate of Insurance, or Other Securities
    FMCSA changes both Sec.  387.301(b) (suspended) and Sec.  
387.301T(b) to reference the definitions of ``household goods motor 
carriers'' and ``individual shippers'' in Sec.  375.103, rather than 
the more general ``part 375.'' FMCSA amends these sections to clarify 
for the reader specifically where these definitions are in the CFR.
Section 387.303 (Suspended) and Section 387.303T Security for the 
Protection of the Public: Minimum Limits
    Both Sec. Sec.  387.303 (suspended) and 387.303T have an 
undesignated paragraph following paragraph (b)(4)(iii). In both Sec.  
387.303 (suspended) and Sec.  387.303T, FMCSA designates those 
paragraphs as (b)(5). An undesignated paragraph is contrary to the 
style required by the Office of the Federal Register and makes it 
difficult to reference or change those paragraphs.
Section 387.313 (Suspended) Forms and Procedures
    FMCSA corrects Sec.  387.313(a)(6) (suspended) by renumbering 
paragraphs (a)(6)(1) and (a)(6)(2) as (a)(6)(i) and (a)(6)(ii). FMCSA 
makes this change to conform to Office of the Federal Register style. 
This error does not appear in Sec.  387.313T, because the subparagraphs 
are correctly shown as (a)(6)(i) and (a)(6)(ii).

K. Part 390

Section 390.3 (Suspended) and 390.3T General Applicability
    FMCSA amends Sec.  390.3 (suspended) to clarify that the coercion 
rules in Sec.  390.6 apply to shippers, receivers, consignees, brokers, 
freight forwarders, and other transportation intermediaries. The first 
Unified Registration System rule (URS) was published August 23, 2013 
(78 FR 52608). The coercion rules, which prohibit shippers, receivers, 
consignees, and transportation intermediaries from coercing drivers of 
commercial motor vehicles (CMV) operating in interstate commerce to 
violate certain safety regulations, were subsequently published 
November 30, 2015 (80 FR 74710). Inadvertently, FMCSA failed to add 
shippers, receivers, consignees, broker, freight forwarder, and other 
transportation intermediaries to the general applicability requirements 
in Sec.  390.3 (suspended) when it corrected and delayed the URS rule 
on July 28, 2016 (81 FR 49554), as well as in the indefinite URS 
suspension and amendments made on January 17, 2017 (82 FR 5310).
    To correct this oversight, FMCSA adds a specific reference to Sec.  
390.6, Coercion prohibited, in Sec.  390.3(i)(4) (suspended), which 
lists the provisions in 49 CFR chapter III, subchapter B that apply to 
brokers. Also, in Sec.  390.3(j) (suspended), which lists the 
provisions of 49 CFR chapter III, subchapter B that apply to freight 
forwarders that are required to register with the Agency, FMCSA changes 
paragraph (j)(3) by adding a specific citation to Sec.  390.6.
    FMCSA also adds a new paragraph (l) to Sec.  390.3 (suspended) to 
clarify that the rules in 49 CFR 386.12(c) and 390.6 are applicable to 
shippers, receivers, consignees, and transportation intermediaries. 
Adding these references to Sec.  390.3 (suspended) does not create any 
new requirements. It simply provides a summary for users of the 
regulations that apply to them.
    FMCSA corrects Sec.  390.3T(a)(2) by changing the reference from 
Sec.  386.12(e) to Sec.  386.12(c). This change is necessary because 
the ELD rule revised Sec.  386.12 and moved the coercion provisions to 
paragraph (c), effective February 16, 2016 (80 FR 78381, Dec. 16, 
2015).
Section 390.5 (Suspended) and 390.5T Definitions
    FMCSA amends four of the definitions in Sec.  390.5 (suspended) and 
two of the definitions in Sec.  390.5T, which is currently in effect. 
First, in the definition for ``Conviction'' in both Sec. Sec.  390.5 
(suspended) and 390.5T, FMCSA removes the word ``prorated'' at the end 
of the definition and replaces it with the word ``probated'' to correct 
an error. Originally, FHWA published its revised definition of 
``Conviction'' on October 4, 1988 (53 FR 39050) and it correctly read, 
``Conviction means . . . regardless of whether or not the penalty is 
rebated, suspended, or probated.'' FMCSA erroneously changed 
``probated'' to ``prorated'' in an October 2, 2014 technical amendment 
(79 FR 59451, 59455-56). Second, in the definition of ``Covered farm 
vehicle'' in both Sec. Sec.  390.5 (suspended) and 390.5T, FMCSA 
changes paragraph (1)(ii) by removing an extraneous and incorrect ``a'' 
before ``an owner or operator of a farm or ranch.'' In Sec.  390.5 
(suspended), FMCSA corrects the definitions of ``Farm vehicle driver'' 
and ``Farmer'' by

[[Page 22869]]

changing the numbering to conform to Office of the Federal Register 
style. This error does not occur in Sec.  390.5T.
Section 390.15 Assistance in Investigations and Special Studies
    In Sec.  390.15(b) introductory text, FMCSA deletes a provision 
that requires motor carriers to maintain accident registers for a 
period of 1 year from accidents that occurred on or prior to April 29, 
2003. It also removes the reference to ``April 29, 2003,'' the 
compliance date for the current requirements. FMCSA removes these 
obsolete provisions to update and clarify the rule.
Section 390.19T Motor Carrier, Hazardous Material Safety Permit 
Applicant/Holder, and Intermodal Equipment Provider Identification 
Reports
    FMCSA corrects the heading of Sec.  390.19T to reflect the heading 
of Sec.  390.19 as of January 13, 2017, the day before the effective 
date of the Unified Registration System; Suspension of Effectiveness 
rulemaking (82 FR 5316, Jan. 17, 2017). FMCSA inadvertently used the 
same heading for both Sec.  390.19 (suspended) and Sec.  390.19T.
Section 390.27 Locations of Motor Carrier Safety Service Centers
    FMCSA revises Sec.  390.27 to spell out the abbreviations in the 
table to help the user, and to change the address of the Eastern 
Service Center. The Eastern Service Center moved in July 2017, 
requiring this update.
Section 390.115 Procedure for Removal From the National Registry of 
Certified Medical Examiners
    In paragraph (a) of Sec.  390.115, FMCSA adds the mailing address 
for the Director, Office of Carrier, Driver and Vehicle Safety 
Standards. In paragraph (d), FMCSA makes amendments to reflect the 
current title of the Associate Administrator for Policy and to add a 
mailing address for the Associate Administrator. FMCSA makes these 
changes to update the regulations and make the mailing addresses easily 
available for the user.

L. Part 393

Section 393.60 Glazing in Specified Openings
    In a rule published September 23, 2016 (81 FR 65568), FMCSA allowed 
the voluntary mounting of vehicle safety technologies on the interior 
of the windshields of CMVs, including placement within the area that is 
swept by the windshield wipers. FMCSA reorganizes Sec.  
393.60(e)(1)(ii) to clarify that those technologies must always be 
placed outside the driver's sight lines to the road and to highway 
signs and signals.

M. Part 395

Section 395.13 Drivers Declared Out of Service
    In Sec.  395.13(c)(2), FMCSA removes the reference to ``form MCS-
63,'' and changes the title of the form from ``Driver-Vehicle 
Examination Report'' to its current title, ``Driver/Vehicle Examination 
Report.'' While the form name has remained largely the same, this form 
number is no longer used internally. FMCSA also makes this change to 
eliminate any possible confusion with other Federal, State, Canadian, 
and Mexican inspection forms.
Appendix A to Subpart B of Part 395--Functional Specifications for All 
Electronic Logging Devices (ELDs)
    FMCSA changes sections 4.2, ELD-Vehicle Interface, and 4.3, ELD 
Inputs, of Appendix A to Subpart B of Part 395 by adding references to 
``the vehicle's databus'' and making other changes. In section 4.2(b), 
FMCSA changes the phrase ``vehicle's engine ECM'' to read ``engine ECM 
or the vehicle's databus.'' In section 4.3.1.2(b), FMCSA changes ``must 
be acquired from the engine ECM'' to read ``must be acquired from the 
engine ECM or the vehicle's databus.'' In section 4.3.1.3(b)(1), FMCSA 
changes ``engine ECM's odometer message'' to read simply ``odometer 
message,'' and adds a reference to ``engine ECM or the vehicle's 
databus.'' FMCSA amends section 4.3.1.4(b) by revising the phrase ``the 
engine ECM's total engine hours'' to read instead ``the total engine 
hours.'' Also in that section, FMCSA adds the phrase ``on the engine 
ECM or the vehicle's databus'' to clarify how the message is broadcast. 
Finally, the Agency removes the phrase ``from the engine ECM'' from 
section 4.3.1.7. These changes simply clarify the Agency's intent, 
which was always that the required vehicle parameters be obtained 
either via the vehicle databus or directly from the engine ECM, as 
evidenced by the language in section 4.2(b) of the functional 
specifications (``through the serial or Control Area Network 
communication protocols supported by the vehicle's engine ECM'') (80 FR 
78391, Dec. 16, 2015). The foregoing changes are made in response to a 
petition for reconsideration of the ELD final rule submitted by the 
Truck and Engine Manufacturers Association (EMA).\3\
---------------------------------------------------------------------------

    \3\ For information about the Electronic Logging Devices and 
Hours of Service Supporting Documents final rule, see docket FMCSA-
2010-0167, available at https://www.regulations.gov/. The docket 
contains all the rulemaking documents and petitions pertaining to 
that rule, including the comments to the proposed rule and the 
supplemental notice of proposed rulemaking, and the petition for 
reconsideration submitted by EMA on January 15, 2016.
---------------------------------------------------------------------------

    Furthermore, FMCSA makes minor changes to sections 4.4, ELD 
Processing and Calculations, and 4.8, ELD Outputs, of Appendix A to 
Subpart B of Part 395. These amendments to sections 4.4 and 4.8 do not 
substantively change the ELD regulations. Rather, they make the 
technical specifications internally consistent and consistent with the 
regulatory requirements. These changes are necessary to conform the 
technical specifications with guidance documents for ELD software 
developers and frequently-asked-question (FAQ) documents that FMCSA has 
already published.
    FMCSA has worked during the last year with about 80 ELD software 
vendors with currently-certified ELD products to help them ensure their 
products use the programming amendments being made today. Motor 
carriers, ELD owners, and drivers should not be impacted by these 
amendments. They are very technical in nature and involve what vendors 
do behind the scenes relating to ELD computer programming requirements 
for software's input and output data. If an ELD software vendor needs 
to make any further updates because of these amendments to a motor 
carrier's or driver's ELD unit, the ELD software vendor will most 
likely send the amendments to the ELD unit in a regular software 
update. Many software vendors will perform the update wirelessly or 
through the internet, similar to how the public receives software 
updates from vendors for smartphones, laptops, and handheld global 
positioning system electronic devices.
    Specifically, FMCSA amends paragraph (b)(9) of section 4.4.5.1.1., 
Event Checksum Calculation, by changing ``'' to read ``''. ``CMV Number'' is not a data element in the rule; 
the correct term is ``CMV Power Unit Number,'' which is defined in 
section 7.4. FMCSA corrects the data element ``ELD ID: '' in paragraph (b) of section 4.8.1.3., Information To 
Be Shown on the Printout and Display at Roadside, to read ``ELD ID: 
''. This data element is an ELD provider assigned value 
and not the FMCSA-

[[Page 22870]]

provided ELD registration ID, as depicted in the examples in this 
section.
    FMCSA corrects section 4.8.2.1.6., ELD Event List for Driver's 
Certification of Own Records, to read ``Driver's Certification/
Recertification Actions: ''. This error in ``Driver's'' was 
introduced due to the Government Printing Office publication font, 
which uses a curly apostrophe symbol style rather than a straight 
apostrophe symbol style. ELD software developer's must use the ANSI 
INCITS 4-1986 (R2012), American National Standard for Information 
Systems--Coded Character Sets--7-Bit American National Standard Code 
for Information Interchange (7-Bit ASCII), approved June 14, 2007. This 
standard is incorporated by reference in Sec.  395.38(b)(1) and 
Appendix A to Subpart B of Part 395 in sections 4.8.2.1., ELD Output 
File Standard, paragraph (b) and section 6, References, paragraph 
(a)(1). This 7-Bit ASCII Code 39 provides a character and encoding only 
for a straight apostrophe symbol; it does not recognize or include 
encoding for a curly apostrophe symbol.
    FMCSA corrects six of the data elements in section 7, Data Elements 
Dictionary, of Appendix A to Subpart B of Part 395. FMCSA changes 
section 7.14, ELD Authentication Value, to clarify that manufacturers 
who use a data length of the industry standard 2,048 characters or 
larger will be in compliance with the rule. The current data length 
range of 16-32 was not consistent with the signature generated by a 
current industry standard certificate. While a certificate from 16-32 
characters could be used, it would not be consistent with the surety 
standards in place today. Today's certificate keys, which determine 
length of the final output, can consist of up to 16,384 bits. In 
section 7.19, Engine Hours, FMCSA changes the entry for ``Disposition'' 
to include certain scenarios allowed in the rule where this information 
will not be available. In Table 6, ``Event Type'' Parameter Coding, in 
section 7.20, Event Code, FMCSA corrects the event code description for 
``Driver indication for PC, YM and WT cleared'' to read ``Driver 
indication for PC or YM cleared''. While personal moves (PM) or yard 
moves (YM) are referenced elsewhere in the rule text, WT is not. In 
both section 7.31, Latitude, and section 7.33, Longitude, the Agency 
modifies the entries for Data Range, Data Length, Data Format, and 
Examples to allow for the X, M, and E entries that are identified as 
allowable in section 4.6.1.4, Positioning Compliance Monitoring. FMCSA 
changes the entry for Disposition in section 7.43, Vehicle Miles, to 
include those instances allowed in the rule where this information will 
not be available.

N. Part 396

Section 396.17 Periodic Inspection
    In Sec.  396.17(d), FMCSA changes the two cross references to Sec.  
396.23(b)(1) to read, instead, Sec.  396.23(a)(1). In a rule published 
July 22, 2016 (81 FR 47732), FMCSA removed paragraph (a) of Sec.  
396.23 and made existing paragraph (b) the new paragraph (a). FMCSA 
corrects the cross references in Sec.  396.17(d) to reflect that 
change.
    In paragraph (f) of Sec.  396.17, FMCSA changes the phrase ``State 
government or equivalent jurisdiction'' to read ``State government or 
equivalent jurisdiction in the Canadian Provinces, the Yukon Territory, 
and Mexico.'' This change clarifies that the inspection programs of 
State and certain foreign governments can be used to comply with the 
inspection requirement and conforms with the language in Sec.  396.23.
Section 396.23 Equivalent to Periodic Inspection
    FMCSA revises Sec.  396.23 by removing the word ``State'' and 
replacing it, where appropriate, with a reference to ``government'' or 
``State government or equivalent jurisdiction in the Canadian 
Provinces, the Yukon Territory, or Mexico.'' This amendment is 
necessary to clarify that those inspection programs of State and 
certain foreign governments that are found to be as effective as Sec.  
396.17 inspection can be used by motor carriers to comply with the 
periodic inspection requirement. On September 23, 1991, FMCSA's 
predecessor agency, FHWA, announced its addition of all Canadian 
Provinces and the Yukon Territory (56 FR 47982) to the list of programs 
that are comparable to, or as effective as, the Federal periodic 
inspection (PI) of CMV requirements contained in the FMCSRs. On March 
16, 2016, FMCSA announced its acceptance of the Norma Oficial Mexicana 
((NOM) or Official Mexican Standard) as equivalent to the Federal PI of 
CMVs (81 FR 14195).

O. Part 397

Section 397.73 Public Information and Reporting Requirements
    FMCSA reorganizes Sec.  397.73(b) and adds a reference to its 
website in new paragraph (b)(3)(i). This change is necessary to update 
the procedures for finding information on the National Hazardous 
Materials Route Registry.
Section 397.103 Requirements for State Routing Designations
    The Agency adds a reference to its website in Sec.  397.103(c)(3). 
It also changes paragraph (d) by adding an email address to request the 
``Guidelines for Selecting Preferred Highway Routes for Highway Route 
Controlled Quantity Shipments of Radioactive Materials.'' These changes 
help the user by providing updated procedures for addressing State 
routing designations.

P. Part 398

Section 398.8 Administration Inspection of Motor Vehicles in Operation
    FMCSA updates Sec.  398.8 to remove form numbers that are no longer 
in common use and, instead, to provide current titles for those forms. 
Paragraph (a) is republished to provide context. In Sec.  398.8(b), 
FMCSA changes the title of Form MCS 63, ``Driver-Equipment Compliance 
Check,'' to ``Driver/Vehicle Examination Report'' to reflect the 
current title of the inspection report form and removes the reference 
to the form number. FMCSA changes paragraph (c)(1) by removing the 
reference to Form MCS-64, instead referring to that form only as ``Out 
of Service Vehicle'' sticker. In paragraphs (c)(2), (3), and (4), the 
Agency removes the references to Form MCS-63 and instead uses ``Driver/
Vehicle Examination Report.'' Throughout paragraph (d), the references 
to ``Form MCS-63'' are changed to read ``Driver/Vehicle Examination 
Report.'' Because the form numbers are no longer in common use, FMCSA 
makes these changes to provide a consistent, current reference to the 
Driver/Vehicle Examination Report and the ``Out of Service'' sticker. 
Also, FMCSA wants to avoid the possible confusion caused by other 
Federal, State, Canadian, and Mexican forms.

IV. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O. 
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory 
Policies and Procedures

    FMCSA determined that this final rule is not a significant 
regulatory action under section 3(f) of E.O. 12866 (58 FR 51735, Oct. 
4, 1993), Regulatory Planning and Review, as supplemented by E.O. 13563 
(76 FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory 
Review, and does not require an assessment of potential costs and 
benefits under section 6(a)(3) of that Order. Accordingly, the Office 
of

[[Page 22871]]

Management and Budget (OMB) has not reviewed it under that Order. It is 
also not significant within the meaning of DOT regulatory policies and 
procedures (DOT Order 2100.5, dated May 22, 1980; 44 FR 11034, Feb. 26, 
1979). This final rule makes changes to correct inaccurate references 
and citations, improve clarity, and fix errors. None of the changes in 
this final rule impose material new requirements or increase compliance 
obligations; therefore, this final rule imposes no new costs and a full 
regulatory evaluation is unnecessary.

B. E.O. 13771 (Reducing Regulation and Controlling Regulatory Costs)

    E.O. 13771 (82 FR 9339, Feb. 3, 2017), Reducing Regulation and 
Controlling Regulatory Costs, requires that, for ``every one new [E.O. 
13771 regulatory action] issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    Implementation guidance for E.O. 13771 issued by OMB on April 5, 
2017, defines two different types of E.O. 13771 actions: an E.O. 13771 
deregulatory action, and an E.O. 13771 regulatory action.\4\
---------------------------------------------------------------------------

    \4\ Executive Office of the President. Office of Management and 
Budget. Guidance Implementing Executive Order 13771, Titled 
``Reducing Regulation and Controlling Regulatory Costs.'' Memorandum 
M-17-21. April 5, 2017.
---------------------------------------------------------------------------

    An E.O. 13771 deregulatory action is defined as ``an action that 
has been finalized and has total costs less than zero.'' This 
rulemaking has total costs equal to zero, and therefore is not an E.O. 
13771 deregulatory action.
    An E.O. 13771 regulatory action is defined as:
    (i) A significant action as defined in section 3(f) of E.O. 12866 
that has been finalized, and that imposes total costs greater than 
zero; or
    (ii) a significant guidance document (e.g., significant 
interpretive guidance) reviewed by OIRA under the procedures of E.O. 
12866 that has been finalized and that imposes total costs greater than 
zero.
    The Agency action, in this case a rulemaking, must meet both the 
significance and the total cost criteria to be considered an E.O. 13771 
regulatory action. This rulemaking is not a significant regulatory 
action as defined in section 3(f) of E.O. 12866, and therefore does not 
meet the significance criterion for being an E.O. 13771 regulatory 
action. Consequently, this rulemaking is not an E.O. 13771 regulatory 
action and no further action under E.O. 13771 is required.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires Federal agencies to consider the effects of the regulatory 
action on small business and other small entities and to minimize any 
significant economic impact. The term ``small entities'' comprises 
small businesses and not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.\5\ 
Accordingly, DOT policy requires an analysis of the impact of all 
regulations on small entities, and mandates that agencies strive to 
lessen any adverse effects on these businesses. Under the Regulatory 
Flexibility Act, as amended by the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857), this 
final rule is not expected to have a significant economic impact on a 
substantial number of small entities. This final rule makes changes to 
correct inaccurate references and citations, improve clarity, and fix 
errors. None of the changes in this final rule impose material new 
requirements or increase compliance obligations; therefore, the final 
rule is not expected to have a significant economic impact on a 
substantial number of small entities. Consequently, I certify the 
action will not have a significant economic impact on a substantial 
number of small entities.
---------------------------------------------------------------------------

    \5\ Regulatory Flexibility Act (5 U.S.C. 601 et seq.) see 
National Archives at http://www.archives.gov/federal-register/laws.
---------------------------------------------------------------------------

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities 
in understanding this final rule so that they can better evaluate its 
effects and participate in the rulemaking initiative. If the final rule 
will affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance; please consult the FMCSA point of contact, 
David Miller, listed in the FOR FURTHER INFORMATION CONTACT section of 
this final rule.
    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the Small Business Administration's Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of FMCSA, call 
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights 
of small entities to regulatory enforcement fairness and an explicit 
policy against retaliation for exercising these rights.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $156 million (which is the 
value equivalent of $100,000,000 in 1995, adjusted for inflation to 
2015 levels) or more in any 1 year. This final rule will not result in 
such an expenditure.

F. Paperwork Reduction Act (Collection of Information)

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et 
seq.), Federal agencies must obtain approval from 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.

G. E.O. 13132 (Federalism)

    A rule has implications for federalism under section 1(a) of E.O. 
13132 if it has ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' FMCSA has determined that this rule would not have 
substantial direct costs on or for States, nor would it limit the 
policymaking discretion of States. Nothing in this document preempts 
any State law or regulation. Therefore, this rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Impact Statement.

H. E.O. 12988 (Civil Justice Reform)

    This final rule 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.

[[Page 22872]]

I. E.O. 13045 (Protection of Children)

    E.O. 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. The Agency determined this final rule is not economically 
significant. Therefore, no analysis of the impacts on children is 
required. In any event, this regulatory action could not 
disproportionately affect children.

J. E.O. 12630 (Taking of Private Property)

    FMCSA reviewed this final rule in accordance with E.O. 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights, and has determined it will not effect a taking of 
private property or otherwise have taking implications.

K. 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, 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.

L. E.O. 12372 (Intergovernmental Review)

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

M. E.O. 13211 (Energy Supply, Distribution, or Use)

    FMCSA has analyzed this final rule under E.O. 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 order because it is not a 
``significant regulatory action'' likely to have a significant adverse 
effect on the supply, distribution, or use of energy. Therefore, it 
does not require a Statement of Energy Effects under E.O. 13211.

N. E.O. 13175 (Indian Tribal Governments)

    This rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes.

O. National Technology Transfer and Advancement Act (Technical 
Standards)

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through OMB, with an explanation of why using these standards would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards (e.g., specifications of materials, performance, 
design, or operation; test methods; sampling procedures; and related 
management systems practices) are standards that are developed or 
adopted by voluntary consensus standards bodies. This rule does not use 
technical standards. Therefore, FMCSA did not consider the use of 
voluntary consensus standards.

P. Environment (NEPA, CAA, Environmental Justice)

    FMCSA analyzed this rule for the purpose of the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and 
determined this action is categorically excluded from further analysis 
and documentation in an environmental assessment or environmental 
impact statement under FMCSA Order 5610.1(69 FR 9680, Mar. 1, 2004), 
Appendix 2, paragraph 6(b). This Categorical Exclusion (CE) addresses 
minor corrections such as those found in this rulemaking; therefore, 
preparation of an environmental assessment or environmental impact 
statement is not necessary. The CE determination is available for 
inspection or copying in the Federal eRulemaking Portal: http://www.regulations.gov.
    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 does not affect direct or indirect emissions of 
criteria pollutants.
    Under E.O. 12898, each Federal agency must identify and address, as 
appropriate, ``disproportionately high and adverse human health or 
environmental effects of its programs, policies, and activities on 
minority populations and low-income populations'' in the United States, 
its possessions, and territories. FMCSA evaluated the environmental 
justice effects of this final rule in accordance with the E.O., and has 
determined that no environmental justice issue is associated with this 
final rule, nor is there any collective environmental impact that would 
result from its promulgation.

List of Subjects

49 CFR Part 350

    Grant programs--transportation, Highway safety, Motor carriers, 
Motor vehicle safety, Reporting and recordkeeping requirements.

49 CFR Part 360

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

49 CFR Part 365

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

49 CFR Part 373

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

49 CFR Part 380

    Administrative practice and procedure, Highway safety, Motor 
carriers, Reporting and recordkeeping requirements.

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.

[[Page 22873]]

49 CFR Part 384

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

49 CFR Part 385

    Administrative practice and procedure, Highway safety, Mexico, 
Motor carriers, Motor vehicle safety, Reporting and recordkeeping 
requirements.

49 CFR Part 387

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

49 CFR Part 390

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

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, 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 amends 49 CFR chapter III 
as set forth below:

PART 350--MOTOR CARRIER SAFETY ASSISTANCE PROGRAM AND HIGH PRIORITY 
PROGRAM

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

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


0
2. Amend Sec.  350.105 by adding a definition for ``New Entrant Safety 
Audits'' in alphabetical order to read as follows:


Sec.  350.105  What definitions are used in this part?

* * * * *
    New entrant safety audits means the safety audits of interstate, 
and, at the State's discretion, intrastate, new entrant motor carriers 
under 49 U.S.C. 31144(g) that are required as a condition of MCSAP 
eligibility under Sec.  350.201(z).
* * * * *


Sec.  350.335  [Amended]

0
3. Amend Sec.  350.335(a) introductory text by removing the reference 
to ``49 CFR 320.215'' and adding in its place a reference to ``49 CFR 
350.215''.

PART 360--FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE

0
4. The authority citation for part 360 continues to read as follows:

    Authority:  31 U.S.C. 9701; 49 U.S.C. 13908; and 49 CFR 1.87.


0
5. Amend Sec.  360.1T by revising paragraphs (a) and (d)(2) to read as 
follows:


Sec.  360.1T  Fees for registration-related services.

* * * * *
    (a) Certificate of the Director, Office of Registration and Safety 
Information (MC-RS), as to the authenticity of documents, $9.00;
* * * * *
    (d) * * *
    (2) The fee for computer searches will be set at the current rate 
for computer service. Information on those charges can be obtained from 
the Office of Registration and Safety Information (MC-RS).
* * * * *

0
6. Amend Sec.  360.3T by revising paragraphs (a)(2) introductory text, 
(a)(2)(iii) introductory text, and (e)(2)(i) and (iii), to read as 
follows:


Sec.  360.3T  Filing fees.

    (a)* * *
    (2) Billing account procedure. A written request must be submitted 
to the Office of Registration and Safety Information (MC-RS) to 
establish an insurance service fee account.
* * * * *
    (iii) An account holder who files a petition in bankruptcy or who 
is the subject of a bankruptcy proceeding must provide the following 
information to the Office of Registration and Safety Information (MC-
RS):
* * * * *
    (e) * * *
    (2) * * *
    (i) When to request. At the time that a filing is submitted to the 
Federal Motor Carrier Safety Administration the applicant may request a 
waiver or reduction of the fee prescribed in this part. Such request 
should be addressed to the Director, Office of Registration and Safety 
Information (MC-RS).
* * * * *
    (iii) Federal Motor Carrier Safety Administration action. The 
Director, Office of Registration and Safety Information (MC-RS), will 
notify the applicant of the decision to grant or deny the request for 
waiver or reduction.
* * * * *

PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

0
7. 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, 13908, 14708, 31133, 31138, and 31144; 49 CFR 1.87.


0
8. Amend Sec.  365.403T by revising paragraph (a) to read as follows:


Sec.  365.403T  Definitions.

* * * * *
    (a) Transfer. (1) Transfers include all transactions (i.e., the 
sale or lease of interstate operating rights, or the merger of two or 
more carriers or a carrier into a noncarrier) subject to 49 U.S.C. 
10926, as well as the sale of property brokers' licenses under 49 
U.S.C. 10321.
    (2) The execution of a chattel mortgage, deed of trust, or other 
similar document does not constitute a transfer or require FMCSA's 
approval. However, a foreclosure for the purpose of transferring an 
operating right to satisfy a judgment or claim against the record 
holder may not be effected without approval of FMCSA.
* * * * *

PART 373--RECEIPTS AND BILLS

0
9. 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
10. Amend Sec.  373.103 as follows:
0
a. Withdraw the amendments to Sec.  373.103 published April 16, 2018, 
at 83 FR 16224.
0
b. Revise Sec.  373.103 to read as follows:

[[Page 22874]]

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

    (a) Property. (1) Every for-hire, non-exempt motor carrier of 
property shall issue a freight or expense bill for each shipment 
transported containing the following information:
    (i) Names of consignor and consignee (except on a reconsigned 
shipment, not the name of the original consignor).
    (ii) Date of shipment.
    (iii) Origin and destination points (except on a reconsigned 
shipment, not the original shipping point unless the final consignee 
pays the charges from that point).
    (iv) Number of packages.
    (v) Description of freight.
    (vi) Weight, volume, or measurement of freight (if applicable to 
the rating of the freight).
    (vii) Exact rate(s) assessed.
    (viii) Total charges due, including the nature and amount of any 
charges for special service and the points at which such service was 
rendered.
    (ix) Route of movement and name of each carrier participating in 
the transportation.
    (x) Transfer point(s) through which shipment moved.
    (xi) Address where remittance must be made or address of bill 
issuer's principal place of business.
    (2) The shipper or receiver owing the charges shall be given the 
freight or expense bill and the carrier shall keep a copy as prescribed 
at 49 CFR part 379. If the bill is electronically transmitted (when 
agreed to by the carrier and payor), a receipted copy shall be given to 
the payor upon payment.
    (b) Charter transportation of passenger service. (1) Every for-
hire, non-exempt motor carrier providing charter transportation of 
passenger service shall issue an expense bill containing the following 
information:
    (i) Serial number, consisting of one of a series of consecutive 
numbers assigned in advance and imprinted on the bill.
    (ii) Name of carrier.
    (iii) Names of payor and organization, if any, for which 
transportation is performed.
    (iv) Date(s) transportation was performed.
    (v) Origin, destination, and general routing of trip.
    (vi) Identification and seating capacity of each vehicle used.
    (vii) Number of persons transported.
    (viii) Mileage upon which charges are based, including any deadhead 
mileage, separately noted.
    (ix) Applicable rates per mile, hour, day, or other unit.
    (x) Itemized charges for transportation, including special services 
and fees.
    (xi) Total charges assessed and collected.
    (2) The carrier shall keep a copy of all expense bills issued for 
the period prescribed at 49 CFR part 379. If any expense bill is 
spoiled, voided, or unused for any reason, a copy or written record of 
its disposition shall be retained for a like period.

PART 380--SPECIAL TRAINING REQUIREMENTS

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

    Authority:  49 U.S.C. 31133, 31136, 31305, 31307, 31308, and 
31502; sec. 4007(a) and (b) of Pub. L. 102-240, 105 Stat. 1914, 
2151; sec. 32304 of Pub. L. 112-141, 126 Stat. 405, 791; and 49 CFR 
1.87.


Sec.  380.107  [Amended]

0
12. Amend Sec.  380.107(a) by removing the phrase ``the appendix to 
this part'' and adding in its place the phrase ``Appendix F to this 
part''.


Sec.  380.109  [Amended]

0
13. Amend Sec.  380.109 as follows:
0
a. In paragraphs (a)(1), (a)(5), (a)(6), and (a)(7), remove the phrase 
``the appendix to this part'' wherever it occurs and add in its place 
the phrase ``Appendix F to this part''; and
0
b. Remove paragraph (d).


Sec.  380.201  [Amended]

0
14. Amend Sec.  380.201 as follows:
0
a. In paragraph (a) introductory text, remove the phrase ``the appendix 
to this part'' and add in its place the phrase ``Appendix F to this 
part''; and
0
b. In paragraph (b), remove the phrase ``the appendix to this part'' 
and add in its place the phrase ``Appendix F to this part''.


Sec.  380.203  [Amended]

0
15. Amend Sec.  380.203(b) by removing the phrase ``the appendix to 
this part'' and adding in its place the phrase ``Appendix F to this 
part''.


Sec.  380.205  [Amended]

0
16. Amend Sec.  380.205(b) by removing the phrase ``the appendix to 
this part'' and adding in its place the phrase ``Appendix F to this 
part''.


Sec.  380.303  [Amended]

0
17. Amend Sec.  380.303(a) by removing the phrase ``the appendix to 
this part'' and adding in its place the phrase ``Appendix F to this 
part''.

Subpart E--Entry-Level Driver Training Requirements Before February 
7, 2020

0
18. Revise the heading of subpart E to read as set forth above.


0
19. Revise Sec.  380.605 to read as follows:


Sec.  380.605  Definitions.

    The definitions in parts 383 and 384 of this subchapter apply to 
this subpart, except as stated below. As used in this subpart:
    Behind-the-wheel (BTW) instructor means an individual who provides 
BTW training involving the actual operation of a CMV by an entry-level 
driver on a range or a public road and meets one of these 
qualifications:
    (1) Holds a CDL of the same (or higher) class and with all 
endorsements necessary to operate the CMV for which training is to be 
provided and has at least 2 years of experience driving a CMV requiring 
a CDL of the same or higher class and/or the same endorsement and meets 
all applicable State qualification requirements for CMV instructors; or
    (2) Holds a CDL of the same (or higher) class and with all 
endorsements necessary to operate the CMV for which training is to be 
provided and has at least 2 years of experience as a BTW CMV instructor 
and meets all applicable State qualification requirements for CMV 
instructors.
    Exception applicable to paragraphs (1) and (2) of this definition: 
A BTW instructor who provides training solely on a range which is not a 
public road is not required to hold a CDL of the same (or higher) class 
and with all endorsements necessary to operate the CMV for which 
training is to be provided, as long as the instructor previously held a 
CDL of the same (or higher) class and with all endorsements necessary 
to operate the CMV for which training is to be provided, and complies 
with the other requirements set forth in paragraphs (1) or (2) of this 
definition.
    (3) If an instructor's CDL has been cancelled, suspended, or 
revoked due to any of the disqualifying offenses identified in Sec.  
383.51 of this subchapter, the instructor is prohibited from engaging 
in BTW instruction for 2 years following the date his or her CDL is 
reinstated.
    Behind-the-wheel (BTW) public road training means training provided 
by a BTW instructor when an entry-level driver has actual control of 
the power unit during a driving lesson conducted on a public road. BTW 
public road training does not include the time that an entry-level 
driver spends observing

[[Page 22875]]

the operation of a CMV when he or she is not in control of the vehicle.
    Behind-the-wheel (BTW) range training means training provided by a 
BTW instructor when an entry-level driver has actual control of the 
power unit during a driving lesson conducted on a range. BTW range 
training does not include time an entry-level driver spends observing 
the operation of a CMV when he or she is not in control of the vehicle.
    Entry-level driver means an individual who must complete the CDL 
skills test requirements under Sec.  383.71 of this subchapter prior to 
receiving a CDL for the first time, upgrading to a Class A or Class B 
CDL, or obtaining a hazardous materials, passenger, or school bus 
endorsement for the first time. This definition does not include 
individuals for whom States waive the CDL skills test under Sec.  
383.77 or individuals seeking to remove a restriction in accordance 
with Sec.  383.135(b)(7) of this subchapter.
    Entry-level driver training means training an entry-level driver 
receives from an entity listed on FMCSA's Training Provider Registry 
prior to:
    (1) Taking the CDL skills test required to receive the Class A or 
Class B CDL for the first time;
    (2) Taking the CDL skills test required to upgrade to a Class A or 
Class B CDL; or
    (3) Taking the CDL skills test required to obtain a passenger and/
or school bus endorsement for the first time or the CDL knowledge test 
required to obtain a hazardous materials endorsement for the first 
time.
    Range means an area that must be free of obstructions, enables the 
driver to maneuver safely and free from interference from other 
vehicles and hazards, and has adequate sight lines.
    Theory instruction means knowledge instruction on the operation of 
a CMV and related matters provided by a theory instructor through 
lectures, demonstrations, audio-visual presentations, computer-based 
instruction, driving simulation devices, online training, or similar 
means.
    Theory instructor means an individual who provides knowledge 
instruction on the operation of a CMV and meets one of these 
qualifications:
    (1) Holds a CDL of the same (or higher) class and with all 
endorsements necessary to operate the CMV for which training is to be 
provided and has at least 2 years of experience driving a CMV requiring 
a CDL of the same (or higher) class and/or the same endorsement and 
meets all applicable State qualification requirements for CMV 
instructors; or
    (2) Holds a CDL of the same (or higher) class and with all 
endorsements necessary to operate the CMV for which training is to be 
provided and has at least 2 years of experience as a BTW CMV instructor 
and meets all applicable State qualification requirements for CMV 
instructors.
    Exceptions applicable to paragraphs (1) and (2) of this definition:
    1. An instructor is not required to hold a CDL of the same (or 
higher) class and with all endorsements necessary to operate the CMV 
for which training is to be provided, if the instructor previously held 
a CDL of the same (or higher) class and complies with the other 
requirements set forth in paragraphs (1) or (2) of this definition.
    2. Training providers offering online content exclusively are not 
required to meet State qualification requirements for theory 
instructors.
    (3) If an instructor's CDL has been cancelled, suspended, or 
revoked due to any of the disqualifying offenses identified in Sec.  
383.51 of this subchapter, the instructor is prohibited from engaging 
in theory instruction for 2 years following the date his or her CDL is 
reinstated.
    Training provider means an entity that is listed on the FMCSA 
Training Provider Registry, as required by subpart G of this part. 
Training providers include, but are not limited to, training schools, 
educational institutions, rural electric cooperatives, motor carriers, 
State/local governments, school districts, joint labor management 
programs, owner-operators, and individuals.


0
20. Revise Sec.  380.713 to read as follows:


Sec.  380.713  Instructor requirements.

    (a) Theory training providers must utilize instructors who are 
theory instructors as defined in Sec.  380.605.
    (b) BTW training providers must utilize instructors who are BTW 
instructors as defined in Sec.  380.605.

Appendix A to Part 380 [Amended]

0
21. Amend Appendix A to Part 380 as follows:
0
a. In the second sentence of Unit A1.2.7, remove the word ``provide'' 
and add in its place the word ``provider''; and
0
b. In the first sentence of Unit A1.5.6, remove the word ``in'' 
following the words ``driver-trainees.''

Appendix B to Part 380 [Amended]

0
22. Amend Appendix B to Part 380 by removing the heading that reads 
``Unit 1.3 Pre- and Post-Trip Inspections'' and adding in its place a 
heading that reads ``Unit B1.1.3 Pre- and Post-Trip Inspections''.

PART 382--CONTROLLED SUBSTANCES ALCOHOL USE AND TESTING

0
23. The authority citation for part 382 continues to read as follows:

    Authority:  49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec. 
32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.


Sec.  382.403  [Amended]

0
24. Amend Sec.  382.403(e) by adding within the parentheses the phrase 
``as defined in Sec.  382.107'' after the phrase ``Designated employer 
representative'' in the second sentence.

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

0
25. 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; and 49 CFR 1.87.


Sec.  383.5  [Amended]

0
26. Amend the definition of ``Conviction'' in Sec.  383.5 by removing 
the word ``prorated'' and adding in its place the word ``probated''.

0
27. Revise Sec.  383.23(b)(1), including footnote 1, to read as 
follows:


Sec.  383.23  Commercial driver's license.

* * * * *
    (b) Exception. (1) If a CMV operator is not domiciled in a foreign 
jurisdiction that the Administrator has determined tests drivers and 
issues CDLs in accordance with, or under standards similar to, the 
standards contained in subparts F, G, and H of this part,\1\ the person 
may obtain a Non-domiciled CLP or Non-domiciled CDL from a State that 
does comply with the testing and licensing standards contained in such 
subparts F, G, and H of this part, so long as that person meets the 
requirements of Sec.  383.71(f).
    \1\ Effective December 29, 1988, the Administrator determined that 
commercial driver's licenses issued by Canadian Provinces and 
Territories in conformity with the Canadian National Safety Code are in 
accordance with the standards of this part. Effective November 21, 
1991, and as amended on January 19, 2017, the Administrator determined 
that the new Licencias Federales de Conductor issued by the

[[Page 22876]]

United Mexican States are in accordance with the standards of this 
part. Therefore, under the single license provision of Sec.  383.21, a 
driver holding a commercial driver's license issued under the Canadian 
National Safety Code or a new Licencia Federal de Conductor issued by 
Mexico is prohibited from obtaining a non-domiciled CDL, or any other 
type of driver's license, from a State or other jurisdiction in the 
United States.
* * * * *


Sec.  383.73  [Amended]

0
28. Amend Sec.  383.73(b)(8) by removing the phrase ``Sec. Sec.  
383.71(b)(1)(i)Sec.  383.71(b)(8) and 383.141'' and adding in its place 
the phrase ``Sec. Sec.  383.71(b)(8) and 383.141''.

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

0
29. 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 of Pub. L. 106-159, 113 Stat. 1748, 1753, 1767; sec. 32934 
of Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524 of Pub. L. 114-94, 
129 Stat. 1312, 1560; and 49 CFR 1.87.


0
30. Amend Sec.  384.301 by adding paragraph (k) to read as follows:


Sec.  384.301  Substantial compliance--general requirements.

* * * * *
    (k) A State must come into substantial compliance with the 
requirements of subpart B of this part and part 383 of this chapter in 
effect as of February 6, 2017, but not later than February 7, 2020.

PART 385--SAFETY FITNESS PROCEDURES

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

    Authority:  49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5113, 
13901-13905, 13908, 31136, 31144, 31148, 31151, and 31502; Sec. 350 
of Pub. L. 107-87; and 49 CFR 1.87.


0
32. Amend Sec.  385.203 by revising paragraph (c) to read as follows:


Sec.  385.203  What are the requirements to obtain and maintain 
certification?

* * * * *
    (c) The requirements of paragraphs (a) and (b) of this section for 
training, performance and maintenance of certification/qualification, 
which are described on the FMCSA website (www.fmcsa.dot.gov), are also 
available in hard copy from the Federal Motor Carrier Safety 
Administration, Professional Development and Training Division (MC-
MHT), 1310 N. Courthouse Road, Suite 600, Arlington, VA 22201.

0
33. Amend Appendix B to Part 385, section VII. List of Acute and 
Critical Regulations as follows:
0
a. By removing the entries for Sec.  382.309(a) and Sec.  382.309(b);
0
b. By adding an entry for Sec.  382.309 in numerical order;
0
c. By removing the entries for Sec.  382.605(c)(1) and Sec.  
382.605(c)(2)(ii);
0
d. By adding an entry for Sec.  382.605 in numerical order;
0
e. By removing the entry for Sec.  395.8(e)(2);
0
f. By adding an entry for Sec.  395.8(e)(2) or (3) in numerical order;
0
g. By removing the entry for Sec.  172.802(b);
0
h. By removing the entry for Sec.  173.421(a); and
0
i. By adding an entry for Sec.  173.421 in numerical order.
    The additions read as follows:

Appendix B to Part 385 [Amended]

* * * * *


Sec.  382.309  Using a driver who has not undergone return-to-duty 
testing with a negative drug test result and/or an alcohol test with an 
alcohol concentration of less than 0.02 in accordance with 49 CFR 
40.305 (acute).

* * * * *


Sec.  382.605  Failing to subject a driver who has been identified as 
needing assistance to at least six unannounced follow-up drug and/or 
alcohol tests in the first 12 months following the driver's return-to-
duty in accordance with 49 CFR 40.307 (critical).

* * * * *


Sec.  395.8(e)(2) or (3)  Disabling, deactivating, disengaging, 
jamming, or otherwise blocking or degrading a signal transmission or 
reception; tampering with an automatic on-board recording device or 
ELD; or permitting or requiring another person to engage in such 
activity (acute).

* * * * *


Sec.  173.421  Accepting for transportation or transporting a Class 7 
(radioactive) material described, marked, and packaged as a limited 
quantity when the radiation level on the surface of the package exceeds 
0.005mSv/hour (0.5 mrem/hour) (acute).

* * * * *

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

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

    Authority:  49 U.S.C. 13101, 13301, 13906, 13908, 14701, 31138, 
and 31139; sec. 204(a), Pub. L. 104-88, 109 Stat. 803, 941; and 49 
CFR 1.87.


Sec.  387.3  [Amended]

0
35. Amend Sec.  387.3(c) by removing the word ``part'' and adding in 
its place the word ``subpart'' wherever it appears.

0
36. Amend Sec.  387.7 by revising paragraph (b)(3) to read as follows:


Sec.  387.7  Financial responsibility required.

* * * * *
    (b) * * *
    (3) Exception. (i) A Mexico-domiciled motor carrier operating 
solely in municipalities in the United States on the U.S.-Mexico 
international border or within the commercial zones of such 
municipalities with a Certificate of Registration issued under part 368 
may meet the minimum financial responsibility requirements of this 
subpart by obtaining insurance coverage, in the required amounts, for 
periods of 24 hours or longer, from insurers that meet the requirements 
of Sec.  387.11.
    (ii) A Mexican motor carrier so insured must have available for 
inspection in each of its vehicles copies of the following documents:
    (A) The Certificate of Registration;
    (B) The required insurance endorsement (Form MCS-90); and
    (C) An insurance identification card, binder, or other document 
issued by an authorized insurer which specifies both the effective date 
and the expiration date of the temporary insurance coverage authorized 
by this exception.
    (iii) Mexican motor carriers insured under this exception are also 
exempt from the notice of cancellation requirements stated on Form MCS-
90.
* * * * *

0
37. Amend Sec.  387.33 as follows:
0
a. Lift the suspension of the section;
0
b. Revise paragraph (a); and
0
c. Suspend Sec.  387.33 indefinitely.
    The revision reads as follows:


Sec.  387.33  Financial responsibility, minimum levels.

    (a) General limits. Except as provided in Sec.  387.27(b), the 
minimum levels of financial responsibility referred to in Sec.  387.31 
are prescribed as follows:

SCHEDULE OF LIMITS

Public Liability

    For-hire motor carriers of passengers operating in interstate or 
foreign commerce.

------------------------------------------------------------------------
                Vehicle seating capacity                  Minimum limits
------------------------------------------------------------------------
(1) Any vehicle with a seating capacity of 16 passengers      $5,000,000
 or more, including the driver..........................

[[Page 22877]]

 
(2) Any vehicle with a seating capacity of 15 passengers       1,500,000
 or less, including the driver..........................
------------------------------------------------------------------------

* * * * *

0
38. Revise Sec.  387.33T to read as follows:


Sec.  387.33T  Financial responsibility, minimum levels.

    Except as provided in Sec.  387.27(b), the minimum levels of 
financial responsibility referred to in Sec.  387.31 are hereby 
prescribed as follows:

SCHEDULE OF LIMITS

Public Liability

    For-hire motor carriers of passengers operating in interstate or 
foreign commerce.

------------------------------------------------------------------------
                Vehicle seating capacity                  Minimum limits
------------------------------------------------------------------------
(a) Any vehicle with a seating capacity of 16 passengers      $5,000,000
 or more, including the driver..........................
(b) Any vehicle with a seating capacity of 15 passengers       1,500,000
 or less, including the driver..........................
------------------------------------------------------------------------


0
39. Amend Sec.  387.301 as follows:
0
a. Lift the suspension of the section;
0
b. Amend paragraph (b) by revising the last sentence of the paragraph; 
and
0
c. Suspend Sec.  387.301 indefinitely.
    The revision reads as follows:


Sec.  387.301  Surety bond, certificate of insurance, or other 
securities.

* * * * *
    (b) * * * The terms ``household goods motor carrier'' and 
``individual shipper'' are defined in Sec.  375.103 of this subchapter.
* * * * *

0
40. Amend Sec.  387.301T by revising the last sentence of paragraph (b) 
to read as follows:


Sec.  387.301T  Surety bond, certificate of insurance, or other 
securities.

* * * * *
    (b) * * * The terms ``household goods motor carrier'' and 
``individual shipper'' are defined in Sec.  375.103 of this subchapter.
* * * * *


Sec.  387.303  [Amended]

0
41. Amend Sec.  387.303 as follows:
0
a. Lift the suspension of the section;
0
b. Redesignate the undesignated paragraph following (b)(4)(iii) as 
paragraph (b)(5); and
0
c. Suspend Sec.  387.303 indefinitely.


Sec.  387.303T  [Amended]

0
42. Amend Sec.  387.303T by redesignating the undesignated paragraph 
following (b)(4)(iii) as paragraph (b)(5).


Sec.  387.313  [Amended]

0
43. Amend Sec.  387.313 as follows:
0
a. Lift the suspension of the section;
0
b. Redesignate paragraphs (a)(6)(1) and (a)(6)(2) as paragraphs 
(a)(6)(i) and (a)(6)(ii), respectively; and
0
c. Suspend Sec.  387.313 indefinitely.

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
44. 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; secs. 212, 217, Pub. L. 106-159, 113 Stat. 1748, 
1766, 1767; sec. 229, Pub. L. 106-159 (as added and transferred by 
sec. 4115 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 
1144, 1726, 1743); sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745; 
secs. 32101(d), 32934, Pub. L. 112-141, 126 Stat. 405, 778, 830; 
sec. 2, Pub. L. 113-125, 128 Stat. 1388; secs. 5518, 5524, Pub. L. 
114-94, 129 Stat. 1312, 1558, 1560; and 49 CFR 1.87.


0
45. Amend Sec.  390.3 as follows:
0
a. Lift the suspension of the section;
0
b. Revise paragraphs (i)(4) and (j)(3);
0
c. Add paragraph (l); and
0
d. Suspend Sec.  390.3 indefinitely.
    The revision and addition read as follows:


Sec.  390.3  General applicability.

* * * * *
    (i) * * *
    (4) Section 390.6, prohibiting the coercion of drivers of 
commercial motor vehicles operating in interstate commerce to violate 
certain safety regulations, and subpart E of this part, Unified 
Registration System.
    (j) * * *
    (3) Section 390.6, prohibiting the coercion of drivers of 
commercial motor vehicles operating in interstate commerce to violate 
certain safety regulations, and subpart E of this part, Unified 
Registration System.
* * * * *
    (l) Shippers, receivers, consignees, and transportation 
intermediaries. The rules in 49 CFR 386.12(c) and 390.6 prohibiting the 
coercion of drivers of commercial motor vehicles operating in 
interstate commerce to violate certain safety regulations are 
applicable to shippers, receivers, and transportation intermediaries.


Sec.  390.3T  [Amended]

0
46. Amend Sec.  390.3T(a)(2) introductory text by removing the phrase 
``rules in 49 CFR 386.12(e) and 390.6'' and adding in its place the 
phrase ``rules in 49 CFR 386.12(c) and 390.6''.

0
47. Amend Sec.  390.5 as follows:
0
a. Lift the suspension of the section;
0
b. Revise the definition of ``Conviction'';
0
c. Amend the definition of ``Covered farm vehicle'' by revising 
paragraph (1)(ii);
0
d. Revise the definitions of ``Farm vehicle driver,'' and ``Farmer''; 
and
0
e. Suspend Sec.  390.5 indefinitely.
    The revisions read as follows:


Sec.  390.5  Definitions.

* * * * *
    Conviction means an unvacated adjudication of guilt, or a 
determination that a person has violated or failed to comply with the 
law in a court of original jurisdiction or by an authorized 
administrative tribunal, an unvacated forfeiture of bail or collateral 
deposited to secure the person's appearance in court, a plea of guilty 
or nolo contendere accepted by the court, the payment of a fine or 
court cost, or violation of a condition of release without bail, 
regardless of whether or not the penalty is rebated, suspended, or 
probated.
    Covered farm vehicle--
    (1) * * *
    (ii) Operated by the owner or operator of a farm or ranch, or an 
employee or family member of an owner or operator of a farm or ranch;
* * * * *
    Farm vehicle driver means a person who drives only a commercial 
motor vehicle that is--
    (1) Controlled and operated by a farmer as a private motor carrier 
of property;
    (2) Being used to transport either--
    (i) Agricultural products, or
    (ii) Farm machinery, farm supplies, or both, to or from a farm;
    (3) Not being used in the operation of a for-hire motor carrier;
    (4) Not carrying hazardous materials of a type or quantity that 
requires the commercial motor vehicle to be placarded in accordance 
with Sec.  177.823 of this subtitle; and
    (5) Being used within 150 air-miles of the farmer's farm.
    Farmer means any person who operates a farm or is directly involved 
in the cultivation of land, crops, or livestock which--
    (1) Are owned by that person; or
    (2) Are under the direct control of that person.
* * * * *

[[Page 22878]]


0
48. Amend Sec.  390.5T as follows:
0
a. Revise the definition of ``Conviction''; and
0
b. Amend the definition of ``Covered farm vehicle'' by revising 
paragraph (1)(ii).
    The revisions read as follows:


Sec.  390.5T  Definitions.

* * * * *
    Conviction means an unvacated adjudication of guilt, or a 
determination that a person has violated or failed to comply with the 
law in a court of original jurisdiction or by an authorized 
administrative tribunal, an unvacated forfeiture of bail or collateral 
deposited to secure the person's appearance in court, a plea of guilty 
or nolo contendere accepted by the court, the payment of a fine or 
court cost, or violation of a condition of release without bail, 
regardless of whether or not the penalty is rebated, suspended, or 
probated.
    Covered farm vehicle--
    (1) * * *
    (ii) Operated by the owner or operator of a farm or ranch, or an 
employee or family member of an owner or operator of a farm or ranch;
* * * * *

0
49. Revise Sec.  390.15(b) introductory text to read as follows:


Sec.  390.15  Assistance in investigations and special studies.

* * * * *
    (b) Motor carriers must maintain an accident register for 3 years 
after the date of each accident. Information placed in the accident 
register must contain at least the following:
* * * * *

0
50. Amend Sec.  390.19T by revising the section heading to read as 
follows:


Sec.  390.19T  Motor carrier, hazardous material safety permit 
applicant/holder, and intermodal equipment provider identification 
reports.

* * * * *

0
51. 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...................  Connecticut, Delaware,    31 Hopkins Plaza,
                             District of Columbia,     Suite 800,
                             Maine, Maryland,          Baltimore,
                             Massachusetts, New        Maryland 21201.
                             Hampshire, New Jersey,
                             New York, Pennsylvania,
                             Puerto Rico, Rhode
                             Island, United States
                             Virgin Islands,
                             Vermont, Virginia, West
                             Virginia.
Midwestern................  Illinois, Indiana, Iowa,  4749 Lincoln Mall
                             Kansas, Michigan,         Drive, Suite
                             Minnesota, Missouri,      300A, Matteson,
                             Nebraska, Ohio,           Illinois 60443.
                             Wisconsin.
Southern..................  Alabama, Arkansas,        1800 Century
                             Florida, Georgia,         Boulevard, Suite
                             Kentucky, Louisiana,      1700, Atlanta,
                             Mississippi, North        Georgia 30345-
                             Carolina, Oklahoma,       3220.
                             South Carolina,
                             Tennessee.
Western...................  Alaska, American Samoa,   12600 West Colfax
                             Arizona, California,      Avenue, Suite B-
                             Colorado, Guam, Hawaii,   300, Lakewood,
                             Idaho, Mariana Islands,   Colorado 80215.
                             Montana, Nevada, New
                             Mexico, North Dakota,
                             Oregon, South Dakota,
                             Texas, Utah,
                             Washington, Wyoming.
------------------------------------------------------------------------
Note 1: Canadian carriers--for information regarding proper service
  center, contact an FMCSA division (State) office in Alaska, Maine,
  Michigan, Montana, New York, North Dakota, Vermont, or Washington.
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
  Arizona, California, New Mexico, or Texas.


0
52. Amend Sec.  390.115 as follows:
0
a. Republish the heading and revise the first sentence of paragraph 
(a); and
0
b. Revise paragraph (d) introductory text.
    The revisions read as follows:


Sec.  390.115  Procedure for removal from the National Registry of 
Certified Medical Examiners.

    (a) Voluntary removal. To be voluntarily removed from the National 
Registry of Certified Medical Examiners, a medical examiner must submit 
a request to the FMCSA Director, Office of Carrier, Driver and Vehicle 
Safety Standards, 1200 New Jersey Ave. SE, Washington, DC 20590. * * *
* * * * *
    (d) Request for administrative review. If a person has been removed 
from the National Registry of Certified Medical Examiners under 
paragraph (c)(1)(iii), (c)(2)(ii), or (e) of this section, that person 
may request an administrative review no later than 30 days after the 
date the removal becomes effective. The request must be submitted in 
writing to the FMCSA Associate Administrator for Policy, 1200 New 
Jersey Ave. SE, Washington, DC 20590. The request must explain the 
error(s) committed in removing the medical examiner from the National 
Registry of Certified Medical Examiners, and include a list of all 
factual, legal, and procedural issues in dispute, and any supporting 
information or documents.
* * * * *

PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

0
53. The authority citation for part 393 continues 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); sec. 5301 and 5524 of 
Pub. L. 114-94, 129 Stat. 1312, 1543, 1560; and 49 CFR 1.87.


0
54. Amend Sec.  393.60 by revising paragraph (e)(1)(ii) to read as 
follows:


Sec.  393.60  Glazing in specified openings.

* * * * *
    (e) * * *
    (1) * * *
    (ii) Paragraph (e)(1)(i) of this section does not apply to vehicle 
safety technologies, as defined in Sec.  393.5, that are mounted on the 
interior of a windshield. Devices with vehicle safety technologies must 
be mounted outside the driver's sight lines to the road and to highway 
signs and signals, and:
    (A) Not more than 100 mm (4 inches) below the upper edge of the 
area swept by the windshield wipers; or
    (B) Not more than 175 mm (7 inches) above the lower edge of the 
area swept by the windshield wipers.
* * * * *

PART 395--HOURS OF SERVICE OF DRIVERS

0
55. 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
56. Amend Sec.  395.13 by revising paragraph (c)(2) to read as follows:


Sec.  395.13  Drivers declared out of service.

* * * * *
    (c) * * *
    (2) A motor carrier shall complete the ``Motor Carrier 
Certification of Action Taken'' portion of the form ``Driver/

[[Page 22879]]

Vehicle Examination Report'' and deliver the copy of the form either 
personally or by mail to the Division Administrator or State Director 
Federal Motor Carrier Safety Administration, at the address specified 
upon the form within 15 days following the date of examination. If the 
motor carrier mails the form, delivery is made on the date it is 
postmarked.
* * * * *

0
57. Amend Appendix A to Subpart B of Part 395 as follows:
0
a. Revise section 4.2(b);
0
b. Revise section 4.3.1.2(b);
0
c. Revise section 4.3.1.3(b)(1);
0
d. Revise section 4.3.1.4(b);
0
e. Revise section 4.3.1.7;
0
f. Revise section 4.4.5.1.1.(b)(9);
0
g. In section 4.8.1.3.(b), remove the phrase ``ELD ID: [ELD 
Registration ID]'' and add in its place the phrase ``ELD ID: [ELD 
Identifier]'';
0
h. In section 4.8.2.1.6., remove the phrase ``Driver's Certification/
Recertification Actions: [CR]'' and add in its place the phrase 
``Driver's Certification/Recertification Actions: [CR]'';
0
i. Revise section 7.14;
0
j. Amend section 7.19 by revising the entry for ``Disposition'';
0
k. In section 7.20, revise table 6;
0
l. Revise section 7.31;
0
m. Revise section 7.33; and
0
n. Amend section 7.43 by revising the entry for ``Disposition''.
    The revised text reads as follows:

Appendix A to Subpart B of Part 395--Functional Specifications for All 
Electronic Logging Devices (ELDs)

* * * * *

4. Functional Requirements

* * * * *

4.2 * * *

    (b) An ELD used while operating a CMV that is a model year 2000 
or later model year, as indicated by the vehicle identification 
number (VIN), that has an engine electronic control module (ECM) 
must establish a link to the engine ECM when the CMV's engine is 
powered and receive automatically the engine's power status, 
vehicle's motion status, miles driven value, and engine hours value 
through the serial or Control Area Network communication protocols 
supported by the engine ECM or the vehicle's databus. If the vehicle 
does not have an ECM, an ELD may use alternative sources to obtain 
or estimate these vehicle parameters with the listed accuracy 
requirements under section 4.3.1 of this appendix.
* * * * *

4.3.1.2 * * *

    (b) If an ELD is required to have a link to the vehicle's engine 
ECM, vehicle speed information must be acquired from the engine ECM 
or the vehicle's databus. Otherwise, vehicle speed information must 
be acquired using an independent source apart from the positioning 
services described under section 4.3.1.6 of this appendix and must 
be accurate within 3 miles per hour of the CMV's true 
ground speed for purposes of determining the in-motion state for the 
CMV.

4.3.1.3 * * *

    (b) * * *
    (1) The ELD must monitor the odometer message broadcast on the 
engine ECM or the vehicle's databus and use it to log total vehicle 
miles information; and
* * * * *

4.3.1.4 * * *

    (b) If an ELD is required to have a link to the vehicle's engine 
ECM, the ELD must monitor the total engine hours message broadcast 
on the engine ECM or the vehicle's databus and use it to log total 
engine hours information. Otherwise, engine hours must be obtained 
or estimated from a source that monitors the ignition power of the 
CMV and must be accurate within 0.1 hour of the engine's 
total operation within a given ignition power on cycle.
* * * * *

4.3.1.7. CMV VIN

    The vehicle identification number (VIN) for the power unit of a 
CMV must be automatically obtained and recorded if it is available 
on the vehicle databus.
* * * * *

4.4.5.1.1 Event Checksum Calculation

* * * * *
    (b)
    (9) '', and
* * * * *

7. * * *

7.14. ELD Authentication Value

    Description: An alphanumeric value that is unique to an ELD and 
verifies the authenticity of the given ELD.
    Purpose: Provides ability to cross-check the authenticity of an 
ELD used in the recording of a driver's records during inspections.
    Source: ELD provider-assigned value; includes a certificate 
component and a hashed component; necessary information related to 
authentication keys and hash procedures disclosed by the registered 
ELD provider during the online ELD certification process for 
independent verification by FMCSA systems. For example, an ELD 
Authentication Value could be generated by creating a string that 
concatenates a predetermined selection of values that will be 
included in the ELD Output File, signing that string (using the ELD 
private key and a predetermined hash algorithm), then using a 
binary-to-text encoding algorithm to encode the signature into 
alphanumeric characters.
    Used in: ELD outputs.
    Data Type: Calculated from the authentication ELD provider's 
private key not provided to FMCSA but corresponding to the ELD 
provider's public key certificate and calculation procedure 
privately distributed by the ELD provider to FMCSA during the ELD 
registration process.
    Data Range: Alphanumeric combination.
    Data Length: Greater than 16 characters.
    Data Format: .
    Disposition: Mandatory.
    Example: 
[bGthamRrZmpha3NkamZsa2pzZGxma2phc2xka2Y7ajtza25rbCBucms7Y2 . . . 
RuZHNudm5hc21kbnZBU0RGS0xKQVNMS0RKTEs7QVNKRDtGTEtBSlNERktMSkFEU0w7S1N
ESkZMSw==].
* * * * *

7.19. * * *

    Disposition: Mandatory for any event whose origin is the ELD or 
the unidentified driver profile. For events created by the driver or 
another authenticated user when engine hours are not available and 
cannot accurately be determined this field can be blank.
* * * * *

7.20 * * *

[[Page 22880]]

[GRAPHIC] [TIFF OMITTED] TR17MY18.000

* * * * *

7.31. Latitude

    Description: An angular distance in degrees north and south of 
the equator.
    Purpose: In combination with the variable ``Longitude'', this 
parameter stamps records requiring a position attribute with a 
reference point on the face of the earth.
    Source: ELD's position measurement.
    Used in: ELD events; ELD outputs.
    Data Type: Latitude and Longitude must be automatically captured 
by the ELD.
    Data Range: X, M, E or -90.00 to 90.00 in decimal degrees (two 
decimal point resolution) in records using conventional positioning 
precision; -90.0 to 90.0 in decimal degrees (single decimal point 
resolution) in records using reduced positioning precision when 
allowed; latitudes north of the equator must be specified by the 
absence of a minus sign (-) preceding the digits designating 
degrees; latitudes south of the Equator must be designated by a 
minus sign (-) preceding the digits designating degrees.
    Data Length: 1, or 3 to 6 characters.
    Data Format:  or First character: [<`-'> or <{blank{time} >]; 
then [ or ]; then <`.'>; then [ or ].
    Disposition: Mandatory.
    Examples: [X], [M], [E], [-15.68], [38.89], [5.07], [-6.11], [-
15.7], [38.9], [5.1], [-6.1].
* * * * *

7.33. Longitude

    Description: An angular distance in degrees measured on a circle 
of reference with respect to the zero (or prime) meridian; The prime 
meridian runs through Greenwich, England.
    Purpose: In combination with the variable ``Latitude'', this 
parameter stamps records requiring a position attribute with a 
reference point on the face of the earth.
    Source: ELD's position measurement.
    Used in: ELD events; ELD outputs.
    Data Type: Latitude and Longitude must be automatically captured 
by the ELD.
    Data Range: X, M, E or -179.99 to 180.00 in decimal degrees (two 
decimal point resolution) in records using conventional positioning 
precision; -179.9 to 180.0 in decimal degrees (single decimal point 
resolution) in records using reduced positioning precision when 
allowed; longitudes east of the prime meridian must be specified by 
the absence of a minus sign (-) preceding the digits designating 
degrees of longitude; longitudes west of the prime meridian must be 
designated by minus sign (-) preceding the digits designating 
degrees.
    Data Length: 1, or 3 to 7 characters.
    Data Format:  or First character: [<`-'> or <{blank{time} >]; 
then [,  or ]; then <`.'>; then [ or ].
    Disposition: Mandatory.
    Examples: [X], [M], [E], [-157.81], [-77.03], [9.05], [-0.15], 
[-157.8], [-77.0], [9.1], [-0.2].
* * * * *

7.43. * * *

* * * * *
    Disposition: Mandatory for any event whose origin is the ELD or 
the unidentified driver profile. For events created by the driver or 
another authenticated user when vehicle miles are not available and 
cannot accurately be determined this field can be blank.
* * * * *

PART 396--INSPECTION, REPAIR, AND MAINTENANCE

0
58. The authority citation for part 396 continues to read as follows:

    Authority:  49 U.S.C. 504, 31133, 31136, 31151, and 31502; sec. 
32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524 of Pub. L. 
114-94, 129 Stat. 1312, 1560; and 49 CFR 1.87.

[[Page 22881]]

Sec.  396.17  [Amended]

0
59. Amend Sec.  396.17 as follows:
0
a. In paragraph (d) remove the reference to ``Sec.  396.23(b)(1)'' 
wherever it appears and add in its place a reference to ``Sec.  
396.23(a)(1)''; and
0
b. In paragraph (f), remove the phrase ``State government or equivalent 
jurisdiction'' and add in its place the phrase ``State government or 
equivalent jurisdiction in the Canadian Provinces, the Yukon Territory, 
and Mexico''.

0
60. Revise Sec.  396.23 to read as follows:


Sec.  396.23  Equivalent to periodic inspection.

    (a)(1) If a commercial motor vehicle is subject to a mandatory 
inspection program that is determined by the Administrator to be as 
effective as Sec.  396.17, the motor carrier or intermodal equipment 
provider must meet the requirement of Sec.  396.17 through that 
inspection program. Commercial motor vehicle inspections may be 
conducted by government personnel, at commercial facilities authorized 
by a State government or equivalent jurisdiction in the Canadian 
Provinces, the Yukon Territory, or Mexico, or by the motor carrier or 
intermodal equipment provider itself under the auspices of a self-
inspection program authorized by a State government or equivalent 
jurisdiction in the Canadian Provinces, the Yukon Territory, or Mexico.
    (2) Should FMCSA determine that an inspection program, in whole or 
in part, is not as effective as Sec.  396.17, the motor carrier or 
intermodal equipment provider must ensure that the periodic inspection 
required by Sec.  396.17 is performed on all commercial motor vehicles 
under its control in a manner specified in Sec.  396.17.
    (b) [Reserved]

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

0
61. 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
62. 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:
    (i) Electronically, by email to [email protected]; or
    (ii) By 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.
    (3)(i) FMCSA will consolidate information on the NRHM routing 
designations, make it available on its website, https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry, and publish it annually in whole or as 
updates in the Federal Register.
    (ii) Each State or Indian tribe may also publish this information 
in its official register of State or tribal regulations.
* * * * *

0
63. Amend Sec.  397.103 by revising paragraphs (c)(3) and (d) to read 
as follows:


Sec.  397.103  Requirements for State routing designations.

* * * * *
    (c) * * *
    (3) The route is published in FMCSA's Hazardous Materials Route 
Registry, available on the FMCSA website, https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry.
    (d) A list of State-designated preferred routes and a copy of the 
``Guidelines for Selecting Preferred Highway Routes for Highway Route 
Controlled Quantity Shipments of Radioactive Materials'' are available 
upon request to Federal Motor Carrier Safety Administration, Office of 
Enforcement and Compliance (MC-EC), 1200 New Jersey Ave. SE, 
Washington, DC 20590-0001, or by email to [email protected].

PART 398--TRANSPORTATION OF MIGRANT WORKERS

0
64. 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
65. Revise Sec.  398.8 to read as follows:


Sec.  398.8  Administration inspection of motor vehicles in operation.

    (a) Administration personnel authorized to perform inspections. All 
persons designated as Special Agents of the Federal Motor Carrier 
Safety Administration, as detailed in Appendix B of chapter III of this 
title, are authorized to enter upon and perform inspections of motor 
carrier's vehicles in operation.
    (b) Prescribed inspection report. The ``Driver/Vehicle Examination 
Report'' shall be used to record findings from motor vehicles selected 
for final inspection by authorized Administration employees.
    (c) Motor vehicles declared ``out of service.'' (1) Authorized 
Administration employees shall declare and mark ``out of service'' any 
motor vehicle which by reason of its mechanical condition or loading is 
so imminently hazardous to operate as to be likely to cause an accident 
or a breakdown. The ``Out of Service Vehicle'' sticker shall be used to 
mark vehicles ``out of service.''
    (2) No motor carrier shall require or permit any person to operate 
nor shall any person operate any motor vehicle declared and marked, 
``out of service'' until all repairs required by the ``out of service 
notice'' on the ``Driver/Vehicle Examination Report'' have been 
satisfactorily completed. The term ``operate'' as used in this section 
shall include towing the vehicle; provided, however, that vehicles 
marked ``out of service'' may be towed away by means of a vehicle using 
a crane or hoist; and provided further, that the vehicle combination 
consisting of the emergency towing vehicle and the ``out of service'' 
vehicle meets the performance requirements of Sec.  393.52 of this 
subchapter.
    (3) No person shall remove the ``Out of Service Vehicle'' sticker 
from any motor vehicle prior to completion of all repairs required by 
the ``out of service notice'' on the ``Driver/Vehicle Examination 
Report.''
    (4) The person or persons completing the repairs required by the 
``out of service notice'' shall sign the ``Certification of Repairman'' 
in accordance with the terms prescribed on the ``Driver/Vehicle 
Examination Report,'' entering the name of his/her shop or garage and 
the date and time the required repairs were completed. If the driver 
completes the required repairs, he/she shall sign and complete the 
``Certification of Repairman.''

[[Page 22882]]

    (d) Motor carrier's disposition of the ``Driver/Vehicle Examination 
Report.'' (1) Motor carriers shall carefully examine the ``Driver/
Vehicle Examination Reports.'' Any and all violations or mechanical 
defects noted thereon shall be corrected. To the extent drivers are 
shown not to be in compliance with the Federal Motor Carrier Safety 
Regulations, appropriate corrective action shall be taken by the motor 
carrier.
    (2) Motor carriers shall complete the ``Motor Carrier Certification 
of Action Taken'' on the ``Driver/Vehicle Examination Report'' in 
accordance with the terms prescribed thereon. Motor carriers shall 
return the ``Driver/Vehicle Examination Reports'' to the address 
indicated on the report within fifteen (15) days following the date of 
the vehicle inspection.

    Issued under the authority delegated in 49 CFR 1.87 on: May 9, 
2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-10437 Filed 5-16-18; 8:45 am]
 BILLING CODE 4910-EX-P


