[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Rules and Regulations]
[Pages 59030-59037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20644]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 350, 360, 380, 382, 383, 385, 391, 395, 396, and 397

[Docket No. FMCSA-2022-0149]
RIN 2126-AC47


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

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

ACTION: Final rule.

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SUMMARY: FMCSA amends its regulations by making technical corrections 
throughout the Federal Motor Carrier Safety Regulations (FMCSRs). The 
Agency makes minor changes to correct inadvertent errors and omissions, 
remove or update obsolete references, and improve the clarity and 
consistency of certain regulatory provisions. The Agency also makes 
nondiscretionary, ministerial changes that merely align regulatory 
requirements with the underlying statutory authority, including the 
Infrastructure Improvement and Jobs Act (IIJA), sometimes referred to 
as the Bipartisan Infrastructure Law, requirements. Additionally, the 
Agency makes changes relating to agency management and to FMCSA's rules 
of organization, procedures, or practice.

DATES: This final rule is effective September 29, 2022.

FOR FURTHER INFORMATION CONTACT: Mr. Nicholas Warren, Regulatory 
Development Division, Office of Policy, FMCSA, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001; (202) 366-6124; [email protected].

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, 937, 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 (80 Stat. 939). 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 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, 
assigned first to the Federal Highway Administration (FHWA), and then 
to FMCSA. The FMCSA Administrator, whose powers and duties are set 
forth in 49 U.S.C. 113, has been delegated authority by the Secretary 
of Transportation (the Secretary) under 49 CFR 1.81 to prescribe 
regulations and to exercise authority over and with respect to any 
personnel within the organization, and under 49 CFR 1.87 to carry out 
the motor carrier functions vested in the Secretary.
    Between 1984 and 1999, enforcement of the FMCSRs, the Hazardous 
Materials Regulations, and the Commercial Regulations were added to 
FHWA's authority. These statutes include the Motor Carrier Safety Act 
of 1984 (Pub. L. 98-554, Title II, 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, Title XII, 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; the Omnibus Transportation Employee Testing Act of 1991 
(Pub. L. 102-143, Title V, 105 Stat. 917, 952, Oct. 28, 1991), codified 
at 49 U.S.C. 31306; the ICC Termination Act of 1995 (Pub. L. 104-88, 
109 Stat. 803, Dec. 29, 1995), codified at 49 U.S.C. chapters 131-149; 
and the Transportation Equity Act for the 21st Century (Pub. L. 105- 
178, 112 Stat. 107, June 9, 1998).
    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. 
Accordingly, since that time the motor carrier safety, and certain 
commercial, responsibilities previously assigned to both the ICC and 
FHWA are the jurisdiction of 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 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 (Pub. L. 114-94, 129 Stat. 1312, 
Dec. 4, 2015). Most recently, Congress amended FMCSA's authorities in 
the Infrastructure Improvement and Jobs Act (IIJA) (Pub. L. 117- 58, 
135 Stat. 429, Nov. 15, 2021). Accordingly, FMCSA amends three parts in 
title 49 of the Code of Federal Regulations (CFR) to align the 
regulatory text with the new statutory requirements.
    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) specifically provides 
exceptions to its notice and comment rulemaking procedures when an 
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 (5 U.S.C. 553(b)(3)(B)). Good cause exists when an 
agency determines that notice and public comment procedures are 
impractical, unnecessary, or contrary to the public interest. The 
amendments made in this final rule primarily correct inadvertent errors 
and omissions, remove or update obsolete references, and make minor 
language changes to improve clarity and consistency. Some changes are 
statutorily mandated or align regulatory standards with the underlying 
statutory authority. In accommodating those changes, the Agency is 
performing nondiscretionary, ministerial acts. 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.
    Moreover, the amendments changing the name of the ``Office of 
Enforcement and Compliance (MC-EC)'' to the ``Office of Enforcement and 
Compliance (MC-SE)'' and ``Office of Safety

[[Page 59031]]

Programs (MC-SS)'' and additional methods for the public to contact 
certain Agency offices concern an additional exception to the APA's 
notice and comment rulemaking procedures for ``rules of agency 
organization, procedure, or practice'' (5 U.S.C. 553(b)(3)(A)). These 
amendments are, therefore, excepted from the notice and public comment 
requirements.
    The APA also allows agencies to make rules effective immediately 
with good cause (5 U.S.C. 553(d)(3)), instead of Sec.  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.
    The Agency 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.
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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 (OMB) 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 agencies, State agencies, 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)).
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II. Section-by-Section Analysis

    This section-by-section analysis describes the changes to the 
regulatory text in numerical order.

A. Part 350--Motor Carrier Safety Assistance Program (MCSAP) and High 
Priority Program

Section 350.221 How long are MCSAP funds available to a State?
    Section 23001(b)(4)(A) of IIJA amends 49 U.S.C. 31104(f)(1) to 
provide that MCSAP funds are available for the Federal fiscal year that 
the funds are obligated and for the next 2 fiscal years, instead of 
just the next fiscal year. Accordingly, FMCSA amends Sec.  350.221 by 
replacing ``next full Federal fiscal year'' with ``next 2 full Federal 
fiscal years.''
Section 350.227 What activities are eligible for reimbursement under 
MCSAP?
    Section 23001(c) of IIJA amends 49 U.S.C. 31102(h)(2)(A) to provide 
that MCSAP funds may be used for documented enforcement of State 
traffic laws and regulations if, in part, the number of motor carrier 
safety activities conducted in the State is maintained at a level at 
least equal to the average level of such activities conducted in the 
State in fiscal years 2014 and 2015, instead of 2004 and 2005. 
Accordingly, FMCSA amends Sec.  350.227(c)(2)(ii) by replacing ``2004 
and 2005'' with ``2014 and 2015.''
Section 350.403 What are the High Priority Program objectives?
    Section 23003 of IIJA amends 49 U.S.C. 31102(l)(3)(D) by adding a 
new clause (iv) and clause (v), which provide that High Priority 
Program funds received to advance the innovative technology deployment 
of commercial motor vehicle (CMV) information systems and networks may 
also be used to combat human trafficking. Accordingly, FMCSA adds a 
clause at the end of paragraph (h) in Sec.  350.403 pertaining to 
innovative technology deployment that reads, ``including technology to 
detect, and enforce actions taken as a result of, criminal activity 
(including human trafficking) in a CMV or by any occupant of a CMV, 
including the operator.''
    Similarly, section 23003 of IIJA amends 49 U.S.C. 31102(l)(2) by 
adding new subparagraphs (H) and (I), which provide that High Priority 
Program funds may be used to combat human trafficking. Accordingly, 
FMCSA adds a new paragraph (j) in Sec.  350.403 that provides High 
Priority Program funds may be used to ``Support the recognition, 
prevention, and reporting of human trafficking in a CMV or by any 
occupant of a CMV, including the operator, and enforce laws relating to 
human trafficking; or.'' FMCSA makes conforming changes by deleting 
``or'' at the end of paragraph (i) and redesignating the existing 
paragraph (j) as (k).
Section 350.405 What conditions must an applicant meet to qualify for 
High Priority Program funds?
    In paragraph (a) of Sec.  350.405, FMCSA makes conforming changes 
to reflect the addition of a paragraph in Sec.  350.403. Specifically, 
FMCSA replaces ``, (i), and (j)'' with ``and (i) through (k).''
Section 350.411 How long are High Priority Program funds available to a 
recipient?
    As above, in paragraph (a) of Sec.  350.411, FMCSA makes conforming 
changes to reflect the addition of a paragraph in Sec.  350.403. FMCSA 
replaces ``, (i), and (j)'' with ``and (i) through (k).''

B. Part 360--Fees for Motor Carrier Registration and Insurance

Sections 360.3 (Suspended) and 360.3T Filing fees.\2\
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    \2\ On January 17, 2017, FMCSA suspended certain regulations 
relating to the electronic Unified Registration System and delayed 
their effective date indefinitely (82 FR 5292). The suspended 
regulations were replaced by temporary provisions that contain the 
requirements in place on January 13, 2017. Section 360.3 was one of 
the sections suspended and Sec.  360.3T, which is currently in 
effect, was one of the replacement sections added (82 FR 5299).
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    FMCSA revises paragraph (e)(3)(iii) of Sec.  360.3(suspended) and 
paragraph (e)(2)(iii) of Sec.  360.3T to replace ``Director, Office of 
Registration and Safety Information (MC-RS)'' with ``Federal Motor 
Carrier Safety Administration.'' This change is consistent with similar 
changes made in the final rule titled ``General Technical, 
Organizational, Conforming, and Correcting Amendments to the Federal 
Motor Carrier Safety Regulations'' (86 FR 57060, Oct. 14, 2021). FMCSA 
made changes in that final rule to replace specific employees and 
offices in the FMCSRs noting recent vacancies and organizational 
changes affected the titles of FMCSA employees and office names, which 
underscored the need for increased flexibility to redelegate functions 
internally to meet organizational needs. Accordingly, FMCSA simplified 
many sections across various parts of the CFR removing or updating 
references to specific titles or offices and replaced them with 
``FMCSA'' and, where necessary, an ``ATTN'' line showing the subject 
matter of the petition or request. (See 86 FR 57061). FMCSA 
inadvertently omitted Sec. Sec.  360.3(e)(3)(iii) and 360.3T(e)(2)(iii) 
from the list of sections that were amended under this rationale. FMCSA 
corrects that omission and amends these sections to be consistent with 
similar sections of the FMCSRs.

Part 380--Special Training Requirements

Section 380.703 Requirements for Listing on the Training Provider 
Registry (TPR)
    FMCSA revises paragraphs (a)(7) and (b) by replacing the words 
``website'' with the word ``website.''
Section 380.717 Training Certification
    FMCSA revises the introductory text to Sec.  380.717 by replacing 
the words ``website'' with the word ``website.''
Section 380.723 Removal From Training Provider Registry: Procedure
    FMCSA revises paragraph (a) by adding ``or through the TPR 
website'' to

[[Page 59032]]

the end of the first sentence. This revision reflects that removal from 
the training provider registry may be accomplished by submitting a 
notice through the same ``TPR website'' that is used for other 
transmittals of documents regarding the registry in part 380. 
Additionally, in paragraph (b), FMCSA replaces the words ``website'' 
with the word ``website.''

C. Part 382--Controlled Substances and Alcohol Use and Testing

Section 382.119 Stand-Down Waiver Provision
    FMCSA revises paragraph (e) to replace ``Office of Enforcement and 
Compliance (MC-EC)'' with ``Office of Safety Programs (MC-SS).'' This 
change aligns regulatory text with updates to the internal organization 
of FMCSA and ensures that written requests submitted under this section 
are directed to the correct office within the Agency.
Section 382.303 Post-Accident Testing
    FMCSA replaces ``Federal, State, or local official having 
independent authority to test'' with ``Federal, State, or local law 
enforcement or public safety official having independent authority for 
the test'' in paragraphs (g)(1) and (2). The additions to this phrase 
clarify that the officials that conduct post-accident testing to 
satisfy the requirements of these paragraphs are only law enforcement 
or public safety officials. This change is consistent with the original 
intent of this phrase when part 382 was added by FHWA. The notice of 
proposed rulemaking explained that the intent of paragraphs (g)(1) and 
(2), originally paragraph (f), was to ``allow motor carriers to accept 
tests done by law enforcement officials'' (57 FR 59516, 59522, Dec. 15, 
1992). The final rule also stated that this provision applied to tests 
by ``on-site police or public safety officials'' (59 FR 7484, 7497, 
Feb. 15, 1994). Similar terms were used in guidance issued on section 
382.303 (62 FR 16370, 16385, Apr. 4, 1997). Accordingly, FMCSA updates 
paragraphs (g)(1) and (2) to clarify that the officials referenced are 
law enforcement and public safety officials as originally intended when 
part 382 was added to the CFR.

D. Part 383--Commercial Driver's License Standards; Requirements and 
Penalties

Section 383.3 Applicability
    FMCSA revises paragraph (f)(3)(ii) as directed by statute. Section 
23019 of IIJA directs FMCSA to amend this section to provide that a 
restricted commercial driver's license issued to an employee in a farm-
related service industry be limited to the applicable seasonal periods 
defined by the issuing State, with the condition that the total number 
of days in any calendar year during which the restricted CDL is valid 
does not exceed 210. (See IIJA section 23019). Accordingly, FMCSA 
revises the first sentence of paragraph (f)(3)(ii) to read, 
``Restricted CDLs shall have the same renewal cycle as unrestricted 
CDLs but shall be limited to the seasonal period or periods as defined 
by the State of licensure, provided that the total number of days in 
any calendar year for which the restricted CDL is valid does not exceed 
210.'' The revisions conform the FMCSRs with the language instructed in 
section 23019 of IIJA.
Section 383.73 State procedures
    FMCSA revises Sec.  383.73(q) to clarify that, as used in paragraph 
(q), the term ``downgrade'' means, specifically, the State's removal of 
the commercial learner's permit (CLP) or CDL privilege from the 
driver's license, as set forth in paragraph (4) of the definition of 
CDL downgrade in Sec.  383.5. This amendment conforms to FMCSA's intent 
as described in its final rule ``Controlled Substances and Alcohol 
Testing: State Driver's Licensing Agency Non-issuance/Downgrade of 
Commercial Driver's License'' (86 FR 55718, Oct. 7, 2021). This 
revision is made in response to a petition for reconsideration of the 
October 2021 final rule submitted to FMCSA by the Oregon Department of 
Transportation (ODOT) on November 1, 2021, requesting that FMCSA 
clarify the meaning of the term ``downgrade'' as used in Sec.  
383.73(q).
    The October 2021 final rule established requirements for State 
Driver Licensing Agencies (SDLA) to access and use information from 
FMCSA's Drug and Alcohol Clearinghouse indicating that a CLP or CDL 
holder or applicant cannot lawfully operate a CMV because they violated 
the drug and alcohol use and testing prohibitions in 49 CFR part 382, 
subpart B. Section 383.73(q) requires that the State, upon receiving 
notification that the CLP or CDL holder is prohibited from operating a 
CMV, initiate established State procedures for downgrading the CLP or 
CDL. The downgrade must be completed and recorded on the Commercial 
Driver's License Information System (CDLIS) driver record within 60 
days of the State's receipt of such notification.
    The intent of the CLP/CDL downgrade requirement in Sec.  383.73(q), 
i.e., the removal of the CLP or CDL from the driver's license, was 
clearly explained in the preamble to the October 2021 final rule: ``. . 
.SDLAs must remove the CLP or CDL privilege from the driver's license 
of an individual subject to the CMV driving prohibition, which would 
result in a downgrade of the license until the driver complies with 
return-to-duty (RTD) requirements'' (86 FR 55718). However, as ODOT 
pointed out, confusion may arise because the current definition of the 
term CDL downgrade in Sec.  383.5 contains four alternative 
definitions. This revision clarifies that, as used in Sec.  383.73(q), 
the term ``downgrade'' refers specifically to the fourth alternative 
definition, the removal of the CLP or CDL privilege from the driver's 
license.

E. Part 385--Safety Fitness Procedures

Sections 385.3 Definitions and Acronyms
    FMCSA amends subparagraph (3) under the definition of reviews by 
adding a comma after the word ``policies.''
Appendix B to Part 385--Explanation of Safety Rating Process
    FMCSA revises section VII of appendix B to part 385 by replacing 
the citation for Sec.  382.305 with a citation to Sec.  382.305(a). 
Currently, Sec.  382.305 is listed in appendix B to part 385 as the 
citation for failing to implement a random controlled substances and/or 
an alcohol testing program. However, Sec.  382.305 is the broad 
citation that encompasses all random testing violations, while the more 
specific citation should be Sec.  382.305(a) for no random program. 
When the regulation was amended to add subsection (a), appendix B to 
part 385 was never amended. FMCSA now makes this conforming change.

F. Part 391--Qualifications of Drivers and Longer Combination Vehicle 
(LCV) Driver Instructors

Sections 391.23 Investigation and Inquiries
    FMCSA removes the paragraph headings for paragraphs (c)(4), (g)(5), 
(m)(2), (m)(2)(i)(C), and (m)(3) to ensure consistency throughout Sec.  
391.23. Additionally, FMCSA deletes paragraph (e)(4)(i) and 
redesignates paragraphs (e)(4)(i)(A) and (B) as (e)(4)(i) and (ii), 
respectively. Prior to this change paragraph (e)(4) had a subparagraph 
(i), but no subparagraph (ii) which is not consistent with standard 
practice for paragraph levels in the CFR. FMCSA also adds the 
introductory text from paragraph (m)(2)(i) to the introductory text in 
paragraph (m)(2) and deletes paragraph (m)(2)(i) to remove a

[[Page 59033]]

paragraph (i) that was not accompanied by a paragraph (ii). 
Accordingly, FMCSA redesignates paragraphs (m)(2)(i)(A), (B), (B)(1), 
(2), and (C) as paragraphs (m)(2)(i), (ii), (ii)(A), (B), and (iii), 
respectively.
Section 391.25 Annual Inquiry and Review of Driving Record
    FMCSA deletes the paragraph heading from paragraph (c) for 
consistency with the rest of Sec.  391.25.

G. Part 395--Hours of Service of Drivers

Section 395.1 Scope of Rules in This Part
    FMCSA revises paragraph (k) to reflect updated statutory authority 
for this part. Section 23018 of IIJA amended section 229(a)(1) of MCSIA 
(49 U.S.C. 31136 note) by adding a new exemption from the FMCSRs in 
part 395 regarding hours of service of drivers during planting and 
harvesting periods. The new exemption in section 229(a)(1)(D) of MCSIA 
applies to ``drivers transporting livestock (as defined in section 602 
of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) 
including insects) within a 150 air-mile radius from the final 
destination of the livestock.'' The list of exemptions under section 
229(a)(1) of MCSIA is currently codified in the FMCSRs at Sec.  
395.1(k). FMCSA is adding a new paragraph (4) to Sec.  395.1(k) that 
mirrors the language from the amended section 229(a)(1)(D) of MCSIA so 
that the FMCSRs correctly reflect the exemptions from part 395 that are 
listed in FMCSA's statutory authority.
Section 395.8 Driver's Record of Duty Status
    FMCSA revises a paragraph designation in Sec.  
395.8(a)(1)(iii)(A)(3) by italicizing the (3) in accordance with 
appropriate formatting of fifth level paragraphs in the CFR.\3\
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    \3\ See table 3-6 of the Document Drafting Handbook, National 
Archives and Records Administration (Jan. 7, 2022), available at 
https://www.archives.gov/federal-register/write/handbook?msclkid=b4c92a20cf9d11ec998402835df7c864.
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H. Part 396--Inspection, Repair, and Maintenance

Appendix A to Part 396--Minimum Periodic Inspection Standards
    FMCSA revises appendix A by emboldening and italicizing the titles 
for sections 1.l. (Antilock Brake System), 1.m. (Automatic Brake 
Adjusters), 14 (Motorcoach Seats), and 15 (Rear Impact Guard) for 
consistency with the rest of the titles in the appendix.
    FMCSA also updates the paragraphs in section 15 that were added in 
the November 9, 2021 final rule titled ``Parts and Accessories 
Necessary for Safe Operation; Rear Impact Guards and Rear Impact 
Protection'' (86 FR 62105). In the amendatory instructions for that 
final rule, FMCSA inadvertently designated certain paragraphs under 
section 15 as 1., 2., 3., etc. instead of (1), (2), (3), etc. This 
resulted in those paragraphs appearing in the CFR as first level 
paragraphs instead of third level paragraphs as intended. FMCSA 
redesignates these paragraphs to remedy this inadvertent error.

I. Part 397--Transportation of Hazardous Materials; Driving and Parking 
Rules

Section 397.71 Federal Standards
    FMCSA revises footnote 1 by replacing ``(MC-EC)'' with ``(MC-SE).'' 
This change aligns regulatory text with updates to the internal 
organization of FMCSA and ensures that the correct office within the 
Agency is listed.
Section 397.73 Public Information and Reporting Requirements
    FMCSA revises paragraph (b)(1)(ii) by replacing ``(MC-EC)'' with 
``(MC-SE).'' This change aligns regulatory text with updates to the 
internal organization of FMCSA and ensures that information submitted 
under this section is directed to the correct office within the Agency.
Section 397.103 Requirements for State Routing Designations
    FMCSA revises paragraph (c)(1)(ii) by replacing ``(MC-EC)'' with 
``(MC-SE).'' This change aligns regulatory text with updates to the 
internal organization of FMCSA and ensures that written notices 
submitted under this section are directed to the correct office within 
the Agency.

III. 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

    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 this final 
rule does not require an assessment of potential costs and benefits 
under section 6(a)(3) of E.O. 12866. Accordingly, OMB has not reviewed 
it under that Order. In addition, this rule is not significant within 
the meaning of DOT regulations (49 CFR 5.13(a)). The amendments made in 
this final rule primarily correct inadvertent errors and omissions, 
remove or update obsolete references, and make minor language changes 
to improve clarity and consistency. Some changes are statutorily 
mandated or relate to previous changes that were statutorily mandated. 
In accommodating those changes, the Agency is performing 
nondiscretionary, ministerial acts. Other changes merely align 
regulatory requirements with the underlying statutory authority. None 
of the changes in this final rule imposes material new requirements or 
increases compliance obligations; therefore, this final rule imposes no 
new costs, and a full regulatory evaluation is unnecessary.

B. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801-808), the 
Office of Information and Regulatory Affairs designated this rule as 
not a ``major rule,'' as defined by 5 U.S.C. 804(2).

C. Regulatory Flexibility Act (Small Entities)

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612), 
FMCSA is not required to complete a regulatory flexibility analysis 
because, as discussed earlier in the Legal Basis for the Rulemaking 
section, this action is not subject to notice and public comment under 
section 553(b) of the APA.

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857, Mar. 
29, 1996), FMCSA wants to assist small entities in understanding this 
final rule so they can better evaluate its effects on themselves 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 person listed under 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

[[Page 59034]]

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 $170 million (which is the 
value equivalent of $100 million in 1995, adjusted for inflation to 
2020 levels) or more in any 1 year. This final rule will not result in 
such an expenditure.

F. Paperwork Reduction Act (Collection of Information)

    This final rule contains no new information collection requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

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 will not have 
substantial direct costs on or for States, nor will 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. Privacy

    Section 522 of title I of division H of the Consolidated 
Appropriations Act, 2005 (Pub. L. 108-447, 118 Stat. 2809, 3268, Dec. 
8, 2004 (5 U.S.C. 552a note)), requires the Agency to conduct a privacy 
impact assessment of a regulation that will affect the privacy of 
individuals. Because this rule does not require the collection of 
personally identifiable information, the Agency is not required to 
conduct a privacy impact assessment.
    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency that receives records contained in a system 
of records from a Federal agency for use in a matching program.
    The E-Government Act of 2002 (Pub. L. 107-347, sec. 208, 116 Stat. 
2899, 2921, Dec. 17, 2002), requires Federal agencies to conduct a 
privacy impact assessment for new or substantially changed technology 
that collects, maintains, or disseminates information in an 
identifiable form. No new or substantially changed technology will 
collect, maintain, or disseminate information as a result of this rule. 
Accordingly, FMCSA has not conducted a privacy impact assessment.

I. 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.

J. National Environmental Policy Act of 1969

    FMCSA analyzed this rule pursuant to the National Environmental 
Policy Act of 1969 (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, paragraphs 6.b, 
6.c, and 6.t. These Categorical Exclusions address minor amendments and 
corrections to existing regulations (e.g., concerning internal agency 
functions, organization, or personnel administration, etc.), and 
ensuring that States comply with the provisions of the Commercial Motor 
Vehicle Safety Act of 1986 by having the appropriate laws and policies, 
etc., concerning the qualification of licensing and persons who apply 
for or are issued a CDL. Therefore, preparation of an environmental 
assessment or environmental impact statement is not necessary.

List of Subjects

49 CFR Part 350

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

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 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, 
Drug testing, Highway safety, Motor carriers, Penalties, Safety, 
Transportation.

49 CFR Part 385

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

49 CFR Part 391

    Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor 
carriers, Reporting and recordkeeping requirements, Safety, 
Transportation.

49 CFR Part 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.

    In consideration of the foregoing, FMCSA amends 49 CFR chapter III 
as set forth below:

PART 350--MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH 
PRIORITY PROGRAM

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

    Authority:  49 U.S.C. 504, 13902, 31101, 31102, 31104, 31106, 
31108, 31136, 31141,

[[Page 59035]]

31161, 31310, 31311, 31502; secs. 5106 and 5107, Pub. L. 114-94, 129 
Stat. 1312, 1530; and 49 CFR 1.87.


Sec.  350.221  [Amended]

0
2. Amend Sec.  350.221 by removing the words ``next full Federal fiscal 
year'' and adding in their place ``next 2 full Federal fiscal years''.


Sec.  350.227  [Amended]

0
3. In Sec.  350.227, amend paragraph (c)(2)(ii) by removing the words 
``2004 and 2005'' and adding the words ``2014 and 2015'' in their 
place.

0
4. Amend Sec.  350.403 by:
0
a. Revising paragraph (h);
0
b. In paragraph (i) removing the word ``or'';
0
c. Redesignating paragraph (j) as paragraph (k); and
0
d. Adding a new paragraph (j).
    The revision and addition read as follows:


Sec.  350.403  What are the High Priority Program objectives?

* * * * *
    (h) Advance the technological capability and promote the Innovative 
Technology Deployment of intelligent transportation system applications 
for CMV operations by States, including technology to detect, and 
enforce actions taken as a result of, criminal activity (including 
human trafficking) in a CMV or by any occupant of a CMV, including the 
operator;
* * * * *
    (j) Support the recognition, prevention, and reporting of human 
trafficking in a CMV or by any occupant of a CMV, including the 
operator, and enforce laws relating to human trafficking; or
* * * * *


Sec.  350.405  [Amended]

0
5. In Sec.  350.405, amend paragraph (a) by removing the words ``, (i), 
and (j)'' and adding the words ``and (i) through (k)'' in their place.


Sec.  350.411  [Amended]

0
6. In Sec.  350.411, amend paragraph (a) by removing the phrase ``, 
(i), and (j)'' and adding the phrase ``and (i) through (k)'' in its 
place.

PART 360--FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE

0
7. 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
8. Amend Sec.  360.3 as follows:
0
a. Lift the suspension of the section;
0
b. Revise paragraph (e)(3)(iii); and
0
c. Suspend the section indefinitely.
    The revision reads as follows:


Sec.  360.3  Filing fees.

* * * * *
    (e) * * *
    (3) * * *
    (iii) FMCSA action. FMCSA will notify the applicant of the decision 
to grant or deny the request for waiver or reduction.

0
9. Amend Sec.  360.3T by revising paragraph (e)(2)(iii) to read as 
follows:


Sec.  360.3T  Filing fees.

* * * * *
    (e) * * *
    (2) * * *
    (iii) Federal Motor Carrier Safety Administration action. The 
Federal Motor Carrier Safety Administration will notify the applicant 
of the decision to grant or deny the request for waiver or reduction.
* * * * *

PART 380--SPECIAL TRAINING REQUIREMENTS

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

    Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, 31502; 
sec. 4007(a) and (b), Pub. L. 102-240, 105 Stat. 1914, 2151-2152; 
sec. 32304, Pub. L. 112-141, 126 Stat. 405, 791; and 49 CFR 1.87.


Sec.  380.703  [Amended]

0
11. In Sec.  380.703(a)(7) and (b), remove the words ``website'' and 
add, in their place, the word ``website''.


Sec.  380.717  [Amended]

0
12. In the introductory text to Sec.  380.717, remove the words 
``website'' and add, in their place, the word ``website''.

0
13.Amend Sec.  380.723 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  380.723  Removal from training provider registry: procedure.

    (a) Voluntary removal. To be voluntarily removed from the Training 
Provider Registry (TPR), a provider must submit written notice to 
FMCSA, ATTN: Training Provider Registry Removal, 1200 New Jersey Avenue 
SE, Washington, DC 20590 or through the TPR website. Upon receiving the 
written notice, FMCSA will remove the training provider from the TPR. 
On and after the date of issuance of a notice of proposed removal from 
the TPR issued in accordance with paragraph (b) of this section, such a 
voluntary removal notice will not be effective.
    (b) Involuntary removal; Notice of proposed removal. Except as 
provided by paragraphs (a) and (e) of this section, FMCSA initiates the 
process for involuntary removal of a provider from the TPR by issuing a 
written notice to the provider, stating the reasons for the proposed 
removal and setting forth any corrective actions necessary for the 
provider to remain listed on the TPR. If a notice of proposed removal 
is issued, the provider must notify current driver-trainees and driver-
trainees scheduled for future training of the proposed removal. If a 
notice of proposed removal is issued to a training provider listed on 
the TPR website, FMCSA will note on the TPR website that such notice 
has been issued. FMCSA will remove the notation if the notice is 
withdrawn.
* * * * *

PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

0
14. 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.  382.119  [Amended]

0
15. Amend Sec.  382.119(e) by removing the words ``Office of 
Enforcement and Compliance (MC-EC)'' and adding the words ``Office of 
Safety Programs (MC-SS)'' in their place.

0
16. Amend Sec.  382.303 by revising paragraph (g) to read as follows:


Sec.  382.303  Post-accident testing.

* * * * *
    (g)(1) The results of a breath or blood test for the use of 
alcohol, conducted by Federal, State, or local law enforcement or 
public safety officials having independent authority for the test, 
shall be considered to meet the requirements of this section, provided 
such tests conform to the applicable Federal, State or local alcohol 
testing requirements, and that the results of the tests are obtained by 
the employer.
    (2) The results of a urine test for the use of controlled 
substances, conducted by Federal, State, or local law enforcement or 
public safety officials having independent authority for the test, 
shall be considered to meet the requirements of this section, provided 
such tests conform to the applicable Federal, State or local controlled 
substances testing requirements, and that the results of the tests are 
obtained by the employer.
* * * * *

[[Page 59036]]

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

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

    Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 
214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 
1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of Pub. L. 
109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141, 126 
Stat. 405, 830; sec. 23019 of Pub. L. 117-58, 135 Stat. 429, 777; 
and 49 CFR 1.87.

0
18. Amend Sec.  383.3 by revising paragraph (f)(3)(ii) to read as 
follows:


Sec.  383.3  Applicability.

* * * * *
    (f) * * *
    (3) * * *
    (ii) Restricted CDLs shall have the same renewal cycle as 
unrestricted CDLs but shall be limited to the seasonal period or 
periods as defined by the State of licensure, provided that the total 
number of days in any calendar year for which the restricted CDL is 
valid does not exceed 210. If a State elects to provide for more than 
one seasonal period, the restricted CDL is valid for commercial motor 
vehicle operation only during the currently approved season, and must 
be revalidated for each successive season. Only one seasonal period of 
validity may appear on the license document at a time. The good driving 
record must be confirmed prior to any renewal or revalidation.
* * * * *

0
19. Amend Sec.  383.73 by revising paragraph (q) introductory text to 
read as follows:


Sec.  383.73  State procedures.

* * * * *
    (q) Drug and Alcohol Clearinghouse. Beginning November 18, 2024, 
the State must, upon receiving notification that pursuant to Sec.  
382.501(a) of this chapter the CLP or CDL holder is prohibited from 
operating a commercial motor vehicle, initiate established State 
procedures for downgrading the CLP or CDL. The downgrade must be 
completed and recorded on the CDLIS driver record within 60 days of the 
State's receipt of such notification. As used in this paragraph, the 
term ``downgrade'' means the State's removal of the CLP or CDL 
privilege from the driver's license, as set forth in paragraph (4) the 
definition of CDL downgrade in Sec.  383.5.
* * * * *

PART 385--SAFETY FITNESS PROCEDURES

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

    Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113, 
13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec. 
113(a), Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 408, Pub. L. 
104-88, 109 Stat. 803, 958; sec. 350, Pub. L. 107-87, 115 Stat. 833, 
864; sec. 5205, Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 
1.87.

Sec.  385.3  [Amended]

0
21. In Sec.  385.3 amend the definition of ``Reviews'' by adding a 
comma after the word ``policies'' in paragraph (3).

Appendix B to Part 385 [Amended]

0
22. Amend section VII of appendix B to part 385 by removing the 
reference ``Sec.  382.305'' and adding, in its place, the reference 
``Sec.  382.305(a)''.

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

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

    Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 31502; sec. 
4007(b), Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114, Pub. L. 
103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159, 113 Stat. 
1748, 1767; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; secs. 
5403 and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1560; sec. 2, 
Pub. L. 115-105, 131 Stat. 2263; and 49 CFR 1.87.

0
24. Amend Sec.  391.23 by revising paragraphs (c)(4), (e)(4), (g)(5), 
(m)(2), and (m)(3) introductory text to read as follows:


Sec.  391.23  Investigation and inquiries.

* * * * *
    (c) * * *
    (4) For drivers with no previous employment experience working for 
a DOT-regulated employer during the preceding three years, 
documentation that no investigation was possible must be placed in the 
driver investigation history file, after October 29, 2004, within the 
required 30 days of the date the driver's employment begins.
* * * * *
    (e) * * *
    (4) As of January 6, 2023, employers subject to Sec.  382.701(a) of 
this chapter must use the Drug and Alcohol Clearinghouse to comply with 
the requirements of this section with respect to FMCSA-regulated 
employers.
    (i) If an applicant who is subject to follow-up testing has not 
successfully completed all follow-up tests, the employer must request 
the applicant's follow-up testing plan directly from the previous 
employer in accordance with Sec.  40.25(b)(5) of this title.
    (ii) If an applicant was subject to an alcohol and controlled 
substance testing program under the requirements of a DOT mode other 
than FMCSA, the employer must request alcohol and controlled substances 
information required under this section directly from those employers 
regulated by a DOT mode other than FMCSA.
* * * * *
    (g) * * *
    (5) Until May 1, 2006, carriers need only provide information for 
accidents that occurred after April 29, 2003.
    (m) * * *
    (2) For drivers required to have a commercial driver's license 
under part 383 of this chapter, beginning January 30, 2015, using the 
CDLIS motor vehicle record obtained from the current licensing State, 
the motor carrier must verify and document in the driver qualification 
file the following information before allowing the driver to operate a 
CMV:
    (i) The type of operation the driver self-certified that he or she 
will perform in accordance with Sec.  383.71(b)(1) of this chapter.
    (ii)(A) Beginning on May 21, 2014, and through June 22, 2025, that 
the driver was certified by a medical examiner listed on the National 
Registry of Certified Medical Examiners as of the date of medical 
examiner's certificate issuance.
    (B) If the driver has certified under paragraph (m)(2)(i)(A) of 
this section that he or she expects to operate in interstate commerce, 
that the driver has a valid medical examiner's certificate and any 
required medical variances.
    (iii) Beginning on January 30, 2015, and through June 22, 2025, if 
the driver provided the motor carrier with a copy of the current 
medical examiner's certificate that was submitted to the State in 
accordance with Sec.  383.73(b)(5) of this chapter, the motor carrier 
may use a copy of that medical examiner's certificate as proof of the 
driver's medical certification for up to 15 days after the date it was 
issued.
    (3) For drivers required to have a commercial learner's permit 
under part 383 of this chapter:
* * * * *


Sec.  391.25  [Amended]

0
25. Amend Sec.  391.25 by removing the paragraph (c) heading.

[[Page 59037]]

PART 395--HOURS OF SERVICE OF DRIVERS

0
26. The authority citation for part 395 continues to read as follows:

    Authority: 49 U.S.C. 504, 21104(e), 31133, 31136, 31137, 31502; 
sec. 113, Pub. L. 103-311, 108 Stat. 1673, 1676; 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, 1744), 113 
Stat. 1748, 1773; sec. 4133, Pub. L. 109-59, 119 Stat. 1144, 1744; 
sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5206(b), Pub. 
L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.


0
27. In Sec.  395.1 amend paragraph (k) by:
0
a. In paragraph (k)(2) removing the word ``or'';
0
b. In paragraph (k)(3) removing ``.'' and adding ``; or'' in its place; 
and
0
c. Adding paragraph (k)(4).
    The addition reads as follows:


Sec.  395.1  Scope of rules in this part.

* * * * *
    (k) * * *
    (4) Livestock (as defined in section 602 of the Emergency Livestock 
Feed Assistance Act of 1988 (7 U.S.C. 1471) including insects)) within 
a 150 air-mile radius from the final destination of the livestock.

PART 396--INSPECTION, REPAIR, AND MAINTENANCE

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

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


0
29. Amend appendix A to part 396 by:
0
a. In section 1 revising the section heading and the headings of 
paragraphs 1.l and m;
0
b. In section 14 revising the section heading; and
0
c. Revising section 15.
    The revisions read as follows:

Appendix A to Part 396--Minimum Periodic Inspection Standards

* * * * *
    1. Brake System.
* * * * *
    l. Antilock Brake System 1 2 3
* * * * *
    m. Automatic Brake Adjusters 
* * * * *
    14. Motorcoach Seats.
* * * * *
    15. Rear Impact Guard.
    a. Trailers and semitrailers with a GVWR of 4,536 kg (10,001 
lbs.) or more, manufactured on or after January 26, 1998 (see 
exceptions in Sec.  393.86(a)(1) of this subchapter).
    (1) Missing guard.
    (2) Guard is not securely attached to trailer, including broken 
or missing fasteners, any welds or parent metal cracked, or other 
damage that compromises secure attachment of the guard.
    (3) Guard horizontal member does not extend to within 100 mm (4 
inches) of each, or extends beyond either, side extremity of the 
vehicle.
    (4) Guard horizontal member is more than 560 mm (22 inches) 
above the ground.
    (5) Guard horizontal member is more than 305 mm (12 inches) 
forward of the rear extremity of the vehicle.
    (6) Guard horizontal member does not have a cross sectional 
vertical height of at least 100 mm (4 inches) across its entire 
width.
    b. Commercial motor vehicles manufactured after December 31, 
1952 (except trailers and semitrailers manufactured on or after 
January 26, 1998) (see exceptions in Sec.  393.86(b)(1) and 
393.86(b)(3) of this subchapter).
    (1) Missing guard.
    (2) Guard is not securely attached to trailer by bolts, welding, 
or other comparable means.
    (3) Guard horizontal member is more than 762 mm (30 inches) 
above the ground.
    (4) Guard horizontal member does not extend to within 457 mm (18 
inches) of each side extremity of the vehicle.
    (5) Guard horizontal member is more than 610 mm (24 inches) 
forward of the rear extremity of the vehicle.

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

0
30. 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.


Sec.  397.71  [Amended]

0
31. In Sec.  397.71 amend footnote 1 by removing the words ``(MC-EC)'' 
and adding the words ``(MC-SE)'' in their place.


Sec.  397.73  [Amended]

0
32. Amend Sec.  397.73(b)(1)(ii) by removing the words ``(MC-EC)'' and 
adding the words ``(MC-SE)'' in their place.


Sec.  397.103  [Amended]

0
33. Amend Sec.  397.103(c)(1)(ii) by removing the words ``(MC-EC)'' and 
adding the words ``(MC-SE)'' in their place.

    Issued under authority delegated in 49 CFR 1.87.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-20644 Filed 9-28-22; 8:45 am]
BILLING CODE 4910-EX-P


