[Federal Register: February 24, 2006 (Volume 71, Number 37)]
[Rules and Regulations]
[Page 9446-9448]
[DOCID:fr24fe06-8]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 358

[Docket No. RM01-10-005]

Interpretive Order Relating to the Standards of Conduct

Issued February 16, 2006.
AGENCY: Federal Energy Regulatory Commission, DOE.

ACTION: Interpretive order.

-----------------------------------------------------------------------

SUMMARY: The Federal Energy Regulatory Commission (Commission) is
issuing this Order to clarify that Transmission Providers may
communicate with affiliated nuclear power plants regarding certain
matters related to the safety and reliability of the transmission
system on the nuclear power plants, in order to comply with
requirements of the Nuclear Regulatory Commission.

DATES: The interpretive order will become effective February 24, 2006.
Comments are due March 20, 2006. Reply comments are due April 19, 2006.

FOR FURTHER INFORMATION CONTACT: Demetra Anas, Office of the Market
Oversight and Investigations, Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426,<PHONE_NUMBER>,
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Before Commissioners: Joseph T. Kelliher,
Chairman; Nora Mead Brownell, and Suedeen G. Kelly.
    Standards of Conduct for Transmission Providers.
    1. The Federal Energy Regulatory Commission (Commission) clarifies
that sections 358.5(a) and (b) of the Commission's regulations, 18 CFR
358.5(a) and (b) (2005), do not prohibit a Transmission Provider and
its affiliated nuclear power plant from engaging in necessary
communications related to the safety and reliability of the
transmission system or the nuclear power plant, including information
relating to the loss of or potential loss of transmission lines that
provide off-site power to the nuclear power plant regardless of
ownership of those lines. The Commission is issuing this Interpretive
Order to clarify that Transmission Providers may communicate with
affiliated and non-affiliated nuclear power plants to enable the
nuclear power plants to comply with the requirements of the Nuclear
Regulatory Commission (NRC) as described in the NRC's February 1, 2006
Generic Letter 2006-002, Grid Reliability and the Impact on Plant Risk
and the Operability of Offsite Power (Generic Letter).\1\
---------------------------------------------------------------------------

    \1\ Nuclear Regulatory Commission's Generic Letter 2006-002,
Grid Reliability and the Impact on Plant Risk and the Operability of
Offsite Power. February 1, 2006. OMB Control No.: 3150-0011.
---------------------------------------------------------------------------

I. Background

    2. On November 25, 2003, the Commission issued a Final Rule
adopting Standards of Conduct for Transmission Providers (Order No.
2004).\2\ Under Order No. 2004, the Standards of Conduct govern the
relationships between Transmission Providers \3\ and all of their
Marketing Affiliates \4\ and Energy Affiliates.\5\ The Standards of
Conduct also contain various information sharing prohibitions to help
ensure that Transmission Providers do not use their access to
information about transmission to unfairly benefit their own or their
affiliates' sales to the detriment of competitive markets. Absent one
of the exceptions articulated in section 358.5, if a Transmission
Provider discloses transmission information to its Marketing or Energy
Affiliate, the Transmission Provider is required to immediately post
that information on its OASIS or Internet Web site.\6\
---------------------------------------------------------------------------

    \2\ Standards of Conduct for Transmission Providers, Order No.
2004, FERC Stats. & Regs., Regulations Preambles ] 31,155 (2003),
order on reh'g, Order No. 2004-A, III FERC Stats. & Regs. ] 31,161
(2004), 107 FERC ] 61,032 (2004), order on reh'g, Order No. 2004-B,
III FERC Stats. & Regs. ] 31,166 (2004), 108 FERC ] 61,118 (2004),
order on reh'g, Order No. 2004-C, 109 FERC ] 61,325 (2004), order on
reh'g, Order No. 2004-D, 110 FERC ] 61,320 (2005), appeal docketed
sub nom., National Gas Fuel Supply Corporation v. FERC, No. 04-1183
(D.C. Cir. June 9, 2004).
    \3\ A Transmission Provider means: (1) Any public utility that
owns, operates or controls facilities used for the transmission of
electric energy in interstate commerce; or (2) Any interstate
natural gas pipeline that transports gas for others pursuant to
subpart A of part 157 or subparts B or G of part 284 of this
chapter. A Transmission Provider does not include a natural gas
storage provider authorized to charge market-based rates that is not
interconnected with the jurisdictional facilities of any affiliated
interstate natural gas pipeline, has no exclusive franchise area, no
captive ratepayers and no market power. 18 CFR 358.3(a) (2005).
    \4\ A Marketing Affiliate means an affiliate as that term is
defined in section 358.3(b) or a unit that engages in marketing,
sales or brokering activities as those terms are defined at section
358.3(e). 18 CFR 358.3(k) (2005).
    \5\ An Energy Affiliate means an affiliate of a Transmission
Provider that:
    (1) Engages in or is involved in transmission transactions in
U.S. energy or transmission markets; or
    (2) Manages or controls transmission capacity of a Transmission
Provider in U.S. energy or transmission markets; or
    (3) Buys, sells, trades or administers natural gas or electric
energy in U.S. energy or transmission markets; or
    (4) Engages in financial transactions relating to the sale or
transmission of natural gas or electric energy in U.S. energy or
transmission markets.
    (5) An LDC division of an electric public utility Transmission
Provider shall be considered the functional equivalent of an Energy
Affiliate, unless it qualifies for the exemption in Sec.
358.3(d)(6)(v). 18 CFR 358.3(d) (2005). Affiliates that are not
Energy Affiliates are described at 18 CFR 358.3(d)(6)(i)-(vi)
(2005).
    \6\ The information sharing prohibitions of the Standards of
Conduct are found at 18 CFR 358.5(a) and (b).
---------------------------------------------------------------------------

    3. On January 9, 2006, at the request of the NRC, FERC Staff
participated in a public meeting/workshop of the NRC regarding its
then-proposed Generic Letter concerning Grid Reliability and the
Operability of Offsite Power. During that discussion, participants
expressed concern that the Commission's Standards of Conduct appear to
restrict communications between Transmission Providers and their
affiliated nuclear power plants, which are Energy Affiliates, thereby
limiting the ability of the nuclear power plants to comply with all the
requirements of the NRC. The participants also expressed concern that
the information sharing prohibitions of the Standards of Conduct would
prevent the nuclear power plants from answering all the questions posed
in the NRC's draft Generic Letter.
    4. The NRC's Generic Letter information request focuses on four
areas: (1) Use of protocols, communications and coordination procedures
between the nuclear power plant and the transmission system operators
(TSO), independent system operator (ISO) or reliability coordinator/
authority (RC), including the use of real-time contingency analysis or
other programs to monitor the operability of

offsite power systems; (2) describing procedures and the sharing of
information between the NPP and the TSO/ISO/RC regarding real time
contingency analysis to assist the NPP in monitoring grid
considerations in maintenance risk assessments; (3) communications and
procedures between the NPP and the TSO/ISO/RC regarding offsite power
restoration procedures; and (4) losses of offsite power caused by grid
failures at a frequency equal to or greater than once in 20 site-years.
The February 1, 2006, Generic Letter asks nuclear power plant owners/
operators to submit to the NRC a variety of information, within 60 days
of its issuance, so that the NRC can determine if the nuclear power
plants are complying with its regulations. Based on its inspection
information and risk insights following the August 14, 2003 blackout,
the NRC staff expressed concern that several issues associated with
assurance of grid reliability may impact public health and safety and/
or compliance with applicable regulations.\7\ Accordingly, through the
questions posed in the Generic Letter, the NRC is trying to identify
the types of communications, protocols and procedures, both formal and
informal, that are in place between the TSO, ISO or RC and nuclear
power plants to ensure that off-site power is available in the event of
a significant power outage, such as the one that occurred on August 14,
2003.
---------------------------------------------------------------------------

    \7\ Nuclear Regulatory Commission's Generic Letter 2006-003,
Grid Reliability and the Impact on Plant Risk and the Operatibility
of Offsite Power. February 1, 2006.
---------------------------------------------------------------------------

II. Discussion

    5. At the January 9, 2006 workshop, representatives of the nuclear
power plants raised the concern that the Standards of Conduct prevent
Transmission Providers from communicating with the nuclear power plants
limiting their ability to comply with the NRC's requirements
articulated in the Generic Letter. The Standards of Conduct are not
intended to impede necessary communications related to safety or
reliability between operators of transmission systems and nuclear power
plant generators. The Commission recognizes the NRC's stringent
requirements on nuclear power plants as part of the nuclear power
plants' operating licenses to satisfy NRC standards for offsite and
onsite electric power systems. See 10 CFR Part 50, Appendix A, Design
Criterion 17 (2005).
    6. During the Standards of Conduct rulemaking proceeding, the
Commission adopted an exception to the information sharing prohibitions
to permit the types of communications necessary for the nuclear power
plants to comply with the requirements of NRC's Generic Letter.
Specifically, the Commission permits a Transmission Provider to share
with its Energy Affiliates information necessary to maintain the
operations of the transmission system. 18 CFR 358.5(b)(8) (2005). This
information is defined as information necessary to operate and maintain
the transmission system on a day-to-day basis as well as information
relating to maintenance of interconnected facilities and operational
data relating to interconnection points, but does not include
transmission or marketing information that would give a Transmission
Provider's Marketing or Energy Affiliates undue preference over a
Transmission Provider's non-affiliated customers in the energy
marketplace. See Order No. 2004-A at P 203. Thus, communications
between nuclear power plants and Transmission Providers as required by
NRC's Generic Letter are permitted without violating the information
disclosure prohibitions or triggering a posting requirement under the
Standards of Conduct.\8\ Of course, nuclear power plant operators are
prohibited from being a conduit for sharing transmission or customer
information with other employees of the Marketing or Energy Affiliates.
18 CFR 358.5(b)(7) (2005).
---------------------------------------------------------------------------

    \8\ During the rulemaking proceeding, one commenter expressed
concern that nuclear power plant operators belonging to an Energy
Affiliate of the Transmission Provider would be prohibited from
receiving information they need to satisfy certain requirements of
the NRC's regulations. The commenter also pointed out that station
blackout rules require that nuclear stations have real-time
information on grid disturbances and duration of power
unavailability under 10 CFR 50.63. In Order No. 2004, the Commission
ruled that in such situations the Transmission Provider would be
permitted to share this type of information with its Energy
Affiliates. See Order No. 2004 at P 144 and Order No. 2004-A at 206.
---------------------------------------------------------------------------

    7. In this Interpretive Order, the Commission also recognizes that,
in addition to permitting communications necessary to operate and
maintain the transmission system, the Transmission Provider and its
interconnected nuclear power plant must engage in certain limited
communications to operate and maintain the operations of the
interconnection and the safety and reliability of the nuclear power
plant. The Commission clarifies that such communications may include:
(1) communications between the transmission control center and the
nuclear power plant control room regarding switching, output,
transformer availability; opening or closing breakers and other
operational parameters necessary to maintain the safety and reliability
of the transmission system and the nuclear power plant; (2) information
necessary to coordinate switching and maintenance at the interconnected
nuclear power plants; and (3) information on grid disturbances and the
duration of power unavailability in order for the nuclear power plant
to plan for off-site power in the event of a grid-related loss of power
or station blackout, as required by the NRC. Although such
communications are permitted, as noted earlier, the nuclear power plant
operators are prohibited from being a conduit for sharing this
information with employees of other Marketing or Energy Affiliates. 18
CFR 358.5(b)(7) (2005). For example, a nuclear power plant operator may
communicate to an employee of the Marketing Affiliate that output from
the nuclear power plant is not available, but cannot disclose that the
plant output is not available because there is an outage at a certain
location on the transmission system. (unless that information is
already publicly available.)
    8. In addition to this exception for nuclear power plants'
operations and reliability, Transmission Providers can communicate any
information to nuclear power plants if that information is also
simultaneously posted on an OASIS. Many Transmission Providers already
post much of the information that might be needed by nuclear power
plants on their respective OASIS sites. Part 37 of the Commission's
regulations require Transmission Providers to post on their OASIS
information regarding: transmission service schedules (18 CFR 37.6(f));
constrained posted paths (18 CFR 37.6(b)(3)(1)); and curtailments or
interruptions (18 CFR 37.6(e)(3)) so that all transmission customers
have the information at the same time.
    9. Finally, under emergency conditions, the Commission created an
exception that permits a Transmission Provider to take whatever steps
are necessary to keep a system in operation. 18 CFR 358.4(2) (2005).
For example during such emergency situations, such as the 2003 Blackout
or Hurricanes Katrina and Rita, a Transmission Provider is permitted to
engage in any type of communications and to share any employees needed
to keep the system in operation. Subsequently, the Transmission
Provider is required to report to the Commission each emergency that
resulted in any deviation from the Standards of Conduct. 18 CFR
358.4(2) (2005).

III. Comment Procedures

    10. No public notice or comment on this Interpretive Order is
necessary

pursuant to section 4(b)(A) of the Administrative Procedure Act, 5
U.S.C. 533(b)(A) (2000), which exempts from such notice or comment
``interpretive rules, general statements of policy or rules of agency
organization, procedure or practice.'' However, the Commission herein
invites all interested persons to submit written comments on this
Interpretive Order. The Commission invites interested persons to submit
comments on the matters and issues proposed in this Interpretive Order,
including any related matters or alternative proposals that commenters
may wish to discuss. Comments are due March 20, 2006. Reply comments
are due April 19, 2006. Comments and reply comments must refer to
Docket No. RM01-10-005, and must include the commenters' names, the
organizations they represent, if applicable, and their address in their
comments. Comments and reply comments may be filed either in electronic
or paper format.
    11. Comments and reply comments may be filed electronically via the
eFiling link on the Commission's Web site at http://www.ferc.gov. The

Commission accepts most standard word processing formats and commenters
may attach additional files with supporting information in certain
other file formats. Commenters filing electronically do not need to
make paper filings. Commenters that are not able to file comments and
reply comments electronically must send an original and 14 copies of
their comments to: Federal Energy Regulatory Commission, Secretary of
the Commission, 888 First Street, NE., Washington, DC 20426.
    12. All comments and reply comments will be placed in the
Commission's public files and may be viewed, printed, or downloaded
remotely as described in the Document Availability section below.
Commenters on this proposal are not required to serve copies of their
comments and reply comments on other commenters.

IV. Document Availability

    13. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (http://www.ferc.gov) and

in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5 p.m. eastern time) at 888 First Street, NE., Room 2A,
Washington, DC 20426.
    14. From the Commission's Home Page on the Internet, this
information is available in the Commission's document management
system, eLibrary. The full text of this document is available on
eLibrary in PDF and Microsoft Word format for viewing, printing, and/or
downloading. To access this document in eLibrary, type the docket
number excluding the last three digits of this document in the docket
number field.
    15. User assistance is available for eLibrary and the Commission's
Web site during normal business hours. For assistance, please contact
FERC Online Support at 1-866-208-3676 (toll free) or<PHONE_NUMBER> (e-
mail at FERCOnlineSupport@FERC.gov), or the Public Reference Room at
(202) 502-8371, TTY<PHONE_NUMBER> (e-mail at
public.referenceroom@ferc.gov).

    By the Commission.
Magalie R. Salas,
Secretary.
[FR Doc. 06-1654 Filed 2-23-06; 8:45 am]

BILLING CODE 6717-01-P


Department of Transportation, and Form MCS 82, or any form of similar
import prescribed by the Department of Transportation, is used for the
security limits subject also to minimum coverage requirements of the
Department of Transportation.
    (6) Surety bonds and certificates in effect continuously. Surety
bonds and certificates of insurance shall specify that coverage
thereunder will remain in effect continuously until terminated as
herein provided, except:
    (i) When filed expressly to fill prior gaps or lapses in coverage
or to cover grants of emergency temporary authority of unusually short
duration and the filing clearly so indicates; or
    (ii) In special or unusual circumstances, when special permission
is obtained for filing certificates of insurance or surety bonds on
terms meeting other particular needs of the situation.
    (b) Filing and copies. Certificates of insurance, surety bonds, and
notices of cancellation must be filed with the FMCSA in triplicate.
    (c) Name of insured. Certificates of insurance and surety bonds
shall be issued in the full and correct name of the individual,
partnership, corporation or other person to whom the certificate,
permit, or license is, or is to be, issued. In the case of a
partnership, all partners shall be named.
    (d) Cancellation notice. Except as provided in paragraph (e) of
this section, surety bonds, certificates of insurance and other
securities or agreements shall not be cancelled or withdrawn until 30
days after written notice has been submitted to the FMCSA at its
offices in Washington, DC, on the prescribed form (Form BMC-35, Notice
of Cancellation Motor Carrier Policies of Insurance under 49 U.S.C.
13906, and BMC-36, Notice of Cancellation Motor Carrier and Broker
Surety Bonds, as appropriate) by the insurance company, surety or
sureties, motor carrier, broker or other party thereto, as the case may
be, which period of thirty (30) days shall commence to run from the
date such notice on the prescribed form is actually received by the
FMCSA.
    (e) Termination by replacement. Certificates of insurance or surety
bonds which have been accepted by the FMCSA under these rules may be
replaced by other certificates of insurance, surety bonds or other
security, and the liability of the retiring insurer or surety under
such certificates of insurance or surety bonds shall be considered as
having terminated as of the effective date of the replacement
certificate of insurance, surety bond or other security, provided the
said replacement certificate, bond or other security is acceptable to
the FMCSA under the rules and regulations in this part.
    (f) Termination of Forms BMC-32 and BMC-34 for motor carriers
transporting property other than household goods. Form BMC-32
endorsements and Form BMC-34 certificates of insurance issued to motor
carriers transporting property other than household goods that have
been accepted by the FMCSA under these rules will expire on March 21,
2011.

Sec.  387.323   [Suspended]

0
68. Suspend Sec.  387.323.

0
69. Add Sec.  387.323T to read as follows:

Sec.  387.323T   Electronic filing of surety bonds, trust fund
agreements, certificates of insurance and cancellations.

    (a) Insurers may, at their option and in accordance with the
requirements and procedures set forth in paragraphs (a) through (d) of
this section, file forms BMC 34, BMC 35, BMC 36, BMC 82, BMC 83, BMC
84, BMC 85, BMC 91, and BMC 91X electronically, in lieu of using the
prescribed printed forms.
    (b) Each insurer must obtain authorization to file electronically
by registering with the FMCSA. An individual account number and
password for computer access will be issued to each registered insurer.
    (c) Filings may be transmitted online via the Internet at: http://fhwa-li.volpe.dot.gov or via American Standard Code Information
Interchange (ASCII). All ASCII transmission must be in fixed format,
i.e., all records must have the same number of fields and same length.
The record layouts for ASCII electronic transactions are described in
the following table:

                                                        Electronic Insurance Filing Transactions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Required F = filing C =
             Field name                  Number of positions              Description               cancel B = both         Start field      End field
--------------------------------------------------------------------------------------------------------------------------------------------------------
Record type........................  1 Numeric..................  1 = Filing, 2 =              B                                       1               1
                                                                   Cancellation.
Insurer number.....................  8 Text.....................  FMCSA Assigned Insurer       B                                       2               9
                                                                   Number (Home Office) With
                                                                   Suffix (Issuing Office),
                                                                   If Different, e.g., 12345-
                                                                   01.
Filing type........................  1 Numeric..................  1 = BI&PD, 2 = Cargo, 3 =    B                                      10              10
                                                                   Bond, 4 = Trust Fund.
FMCSA docket number................  8 Text.....................  FMCSA Assigned MC or FF      B                                      11              18
                                                                   Number, e.g., MC000045.
Insured legal name.................  120 Text...................  Legal Name.................  B                                      19             138
Insured d/b/a name.................  60 Text....................  Doing Business As Name If    B                                     139             198
                                                                   Different From Legal Name.
Insured address....................  35 Text....................  Either street or mailing     B                                     199             233
                                                                   address.
Insured city.......................  30 Text....................  ...........................  B                                     234             263
Insured state......................  2 Text.....................  ...........................  B                                     264             265
Insured zip code...................  9 Numeric..................  (Do not include dash if      B                                     266             274
                                                                   using 9 digit code).
Insured country....................  2 Text.....................  (Will default to U.S.).....  B                                     275             276
Form code..........................  10 Text....................  BMC-91, BMC-91X, BMC-34,     B                                     277             286
                                                                   BMC-35, etc.

Full, primary or excess coverage...  1 Text.....................  If BMC-91X, P or E =         F                                     287             287
                                                                   indicator of primary or
                                                                   excess policy; 1 = Full
                                                                   under Sec.
                                                                   387.303T(b)(1); 2 = Full
                                                                   under Sec.
                                                                   387.303T(b)(2).
Limit of liability.................  5 Numeric..................  $ in Thousands.............  F                                     288             292
Underlying limit of liability......  5 Numeric..................  $ in Thousands (will         F                                     293             297
                                                                   default to $000 if
                                                                   Primary).
Effective date.....................  8 Text.....................  MM/DD/YY Format for both     B                                     298             305
                                                                   Filing or Cancellation.
Policy number......................  25 Text....................  Surety companies may enter   B                                     306             330
                                                                   bond number.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (d) All registered insurers agree to furnish upon request to the
FMCSA a duplicate original of any policy (or policies) and all
endorsements, surety bond, trust fund agreement, or other filing.

Sec.  387.403   [Suspended]

0
70. Suspend Sec.  387.403.

0
71. Add Sec.  387.403T to read as follows:

Sec.  387.403T  General requirements.

    (a) Cargo. A household goods freight forwarder may not operate
until it has filed with FMCSA an appropriate surety bond, certificate
of insurance, qualifications as a self-insurer, or other securities or
agreements, in the amounts prescribed in Sec.  387.405, for loss of or
damage to household goods.
    (b) Public liability. A HHGFF may not perform transfer, collection,
and delivery service until it has filed with the FMCSA an appropriate
surety bond, certificate of insurance, qualifications as a self-
insurer, or other securities or agreements, in the amounts prescribed
at Sec.  387.405, conditioned to pay any final judgment recovered
against such HHGFF for bodily injury to or the death of any person, or
loss of or damage to property (except cargo) of others, or, in the case
of freight vehicles described at Sec.  387.303T(b)(2), for
environmental restoration, resulting from the negligent operation,
maintenance, or use of motor vehicles operated by or under its control
in performing such service.
    (c) Surety bond or trust fund. A freight forwarder must have a
surety bond or trust fund in effect. The FMCSA will not issue a freight
forwarder license until a surety bond or trust fund for the full limit
of liability prescribed in Sec.  387.405 is in effect. The freight
forwarder license shall remain valid or effective only as long as a
surety bond or trust fund remains in effect and shall ensure the
financial responsibility of the freight forwarder. The requirements
applicable to property broker surety bonds and trust funds in Sec.
387.307 shall apply to the surety bond or trust fund required by this
paragraph (c).

Sec.  387.413   [Suspended]

0
72. Suspend Sec.  387.413.

0
73. Add Sec.  387.413T to read as follows:

Sec.  387.413T   Forms and procedures.

    (a) Forms. Endorsements for policies of insurance, surety bonds,
certificates of insurance, applications to qualify as a self-insurer or
for approval of other securities or agreements, and notices of
cancellation must be in the form prescribed at subpart C of this part.
    (b) Procedure. Certificates of insurance, surety bonds, and notices
of cancellation must be filed with the FMCSA in triplicate.
    (c) Names. Certificates of insurance and surety bonds shall be
issued in the full name (including any trade name) of the individual,
partnership (all partners named), corporation, or other person holding
or to be issued the permit.
    (d) Cancellation. Except as provided in paragraph (e) of this
section, certificates of insurance, surety bonds, and other securities
and agreements shall not be cancelled or withdrawn until 30 days after
the FMCSA receives written notice from the insurance company, surety,
freight forwarder, or other party, as the case may be.
    (e) Termination by replacement. Certificates of insurance or surety
bonds may be replaced by other certificates of insurance, surety bonds,
or other security, and the liability of the retiring insurer or surety
shall be considered as having terminated as of the replacement's
effective date, if acceptable to the FMCSA.
    (f) Termination of Forms BMC-32 and BMC-34 for freight forwarders
of property other than household goods. Form BMC-32 endorsements and
Form BMC-34 certificates of insurance issued to freight forwarders of
property other than household goods that have been accepted by the
FMCSA under these rules will expire on March 21, 2011.

Sec.  387.419  [Suspended]

0
74. Suspend Sec.  387.419.

0
75. Add Sec.  387.419T to read as follows:

Sec.  387.419T  Electronic filing of surety bonds, certificates of
insurance and cancellations.

    Insurers may, at their option and in accordance with the
requirements and procedures set forth at Sec.  387.323T, file
certificates of insurance, surety bonds, and other securities and
agreements electronically.

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

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

    Authority: 49 U.S.C. 508, 13301, 13902, 13908, 31132, 31133,
31136, 31151, 31502, 31504; sec. 114, Pub. L. 103-311, 108 Stat.
1673, 1677; sec. 217, Pub. L. 106-159, 113 Stat. 1748, 1767; sec.
4136, Pub. L. 109-59, 119 Stat. 1144, 1745; and 49 CFR 1.87.

Sec.  390.3   [Suspended]

0
77. Suspend Sec.  390.3.

0
78. Add Sec.  390.3T to read as follows:

Sec.  390.3T  General applicability.

    (a)(1) The rules in this subchapter are applicable to all
employers, employees, and commercial motor vehicles that transport
property or passengers in interstate commerce.
    (2) The rules in 49 CFR 386.12(e) and 390.6 prohibiting the
coercion of drivers of commercial motor vehicles operating in
interstate commerce:
    (i) To violate certain safety regulations are applicable to all
motor carriers, shippers, receivers, and transportation intermediaries;
and
    (ii) To violate certain commercial regulations are applicable to
all operators of commercial motor vehicles.

    (b) The rules in part 383 of this chapter, Commercial Driver's
License Standards; Requirements and Penalties, are applicable to every
person who operates a commercial motor vehicle, as defined in Sec.
383.5 of this subchapter, in interstate or intrastate commerce and to
all employers of such persons.
    (c) The rules in part 387 of this chapter, Minimum Levels of
Financial Responsibility for Motor Carriers, are applicable to motor
carriers as provided in Sec.  387.3 or Sec.  387.27 of this subchapter.
    (d) Additional requirements. Nothing in this subchapter shall be
construed to prohibit an employer from requiring and enforcing more
stringent requirements relating to safety of operation and employee
safety and health.
    (e) Knowledge of and compliance with the regulations. (1) Every
employer shall be knowledgeable of and comply with all regulations
contained in this subchapter which are applicable to that motor
carrier's operations.
    (2) Every driver and employee shall be instructed regarding, and
shall comply with, all applicable regulations contained in this
subchapter.
    (3) All motor vehicle equipment and accessories required by this
subchapter shall be maintained in compliance with all applicable
performance and design criteria set forth in this subchapter.
    (f) Exceptions. Unless otherwise specifically provided, the rules
in this subchapter do not apply to--
    (1) All school bus operations as defined in Sec.  390.5T, except
for the provisions of Sec. Sec.  391.15(e) and (f), 392.80, and 392.82
of this chapter.
    (2) Transportation performed by the Federal government, a State, or
any political subdivision of a State, or an agency established under a
compact between States that has been approved by the Congress of the
United States;
    (3) The occasional transportation of personal property by
individuals not for compensation nor in the furtherance of a commercial
enterprise;
    (4) The transportation of human corpses or sick and injured
persons;
    (5) The operation of fire trucks and rescue vehicles while involved
in emergency and related operations;
    (6) The operation of commercial motor vehicles designed or used to
transport between 9 and 15 passengers (including the driver), not for
direct compensation, provided the vehicle does not otherwise meet the
definition of a commercial motor vehicle, except that motor carriers
and drivers operating such vehicles are required to comply with
Sec. Sec.  390.15, 390.19T, 390.21T(a) and (b)(2), 391.15(e) and (f),
392.80 and 392.82 of this chapter.
    (7) Either a driver of a commercial motor vehicle used primarily in
the transportation of propane winter heating fuel or a driver of a
motor vehicle used to respond to a pipeline emergency, if such
regulations would prevent the driver from responding to an emergency
condition requiring immediate response as defined in Sec.  390.5T.
    (g) Motor carriers that transport hazardous materials in intrastate
commerce. The rules in the following provisions of this subchapter
apply to motor carriers that transport hazardous materials in
intrastate commerce and to the motor vehicles that transport hazardous
materials in intrastate commerce:
    (1) Part 385, subparts A and E, of this chapter for carriers
subject to the requirements of Sec.  385.403 of this chapter.
    (2) Part 386 of this chapter, Rules of practice for motor carrier,
broker, freight forwarder, and hazardous materials proceedings.
    (3) Part 387 of this chapter, Minimum Levels of Financial
Responsibility for Motor Carriers, to the extent provided in Sec.
387.3 of this chapter.
    (4) Section 390.19T, Motor carrier identification report, and Sec.
390.21T, Marking of CMVs, for carriers subject to the requirements of
Sec.  385.403 of this chapter. Intrastate motor carriers operating
prior to January 1, 2005, are excepted from Sec.  390.19T(a)(1).
    (h) Intermodal equipment providers. On and after December 17, 2009,
the rules in the following provisions of this subchapter apply to
intermodal equipment providers:
    (1) Subpart F, Intermodal Equipment Providers, of part 385 of this
chapter, Safety Fitness Procedures.
    (2) Part 386 of this chapter, Rules of Practice for Motor Carrier,
Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous
Materials Proceedings.
    (3) This part, Federal Motor Carrier Safety Regulations; General,
except Sec.  390.15(b) concerning accident registers.
    (4) Part 393 of this chapter, Parts and Accessories Necessary for
Safe Operation.
    (5) Part 396 of this chapter, Inspection, Repair, and Maintenance.

Sec.  390.5  [Suspended]

0
79. Suspend Sec.  390.5.

0
80. Add Sec.  390.5T to read as follows:

Sec.  390.5T  Definitions.

    Unless specifically defined elsewhere, in this subchapter:
    Accident means--
    (1) Except as provided in paragraph (2) of this definition, an
occurrence involving a commercial motor vehicle operating on a highway
in interstate or intrastate commerce which results in:
    (i) A fatality;
    (ii) Bodily injury to a person who, as a result of the injury,
immediately receives medical treatment away from the scene of the
accident; or
    (iii) One or more motor vehicles incurring disabling damage as a
result of the accident, requiring the motor vehicle(s) to be
transported away from the scene by a tow truck or other motor vehicle.
    (2) The term accident does not include:
    (i) An occurrence involving only boarding and alighting from a
stationary motor vehicle; or
    (ii) An occurrence involving only the loading or unloading of
cargo.
    Alcohol concentration (AC) means the concentration of alcohol in a
person's blood or breath. When expressed as a percentage it means grams
of alcohol per 100 milliliters of blood or grams of alcohol per 210
liters of breath.
    Bus means any motor vehicle designed, constructed, and/or used for
the transportation of passengers, including taxicabs.
    Business district means the territory contiguous to and including a
highway when within any 600 feet along such highway there are buildings
in use for business or industrial purposes, including but not limited
to hotels, banks, or office buildings which occupy at least 300 feet of
frontage on one side or 300 feet collectively on both sides of the
highway.
    Charter transportation of passengers means transportation, using a
bus, of a group of persons who pursuant to a common purpose, under a
single contract, at a fixed charge for the motor vehicle, have acquired
the exclusive use of the motor vehicle to travel together under an
itinerary either specified in advance or modified after having left the
place of origin.
    Coerce or Coercion means either--
    (1) A threat by a motor carrier, shipper, receiver, or
transportation intermediary, or their respective agents, officers or
representatives, to withhold business, employment or work opportunities
from, or to take or permit any adverse employment action against, a
driver in order to induce the driver to operate a commercial motor
vehicle under conditions which the driver stated would require him or
her to violate one or more of the regulations, which the driver
identified at least generally, that are codified at 49 CFR parts 171
through 173, 177 through 180, 380 through 383, or 390 through 399, or
Sec.  385.415 or Sec.  385.421T of this chapter,

or the actual withholding of business, employment, or work
opportunities or the actual taking or permitting of any adverse
employment action to punish a driver for having refused to engage in
such operation of a commercial motor vehicle; or
    (2) A threat by a motor carrier, or its agents, officers or
representatives, to withhold business, employment or work opportunities
or to take or permit any adverse employment action against a driver in
order to induce the driver to operate a commercial motor vehicle under
conditions which the driver stated would require a violation of one or
more of the regulations, which the driver identified at least
generally, that are codified at 49 CFR parts 356, 360, or 365 through
379, or the actual withholding of business, employment or work
opportunities or the actual taking or permitting of any adverse
employment action to punish a driver for refusing to engage in such
operation of a commercial motor vehicle.
    Commercial motor vehicle means any self-propelled or towed motor
vehicle used on a highway in interstate commerce to transport
passengers or property when the vehicle--
    (1) Has a gross vehicle weight rating or gross combination weight
rating, or gross vehicle weight or gross combination weight, of 4,536
kg (10,001 pounds) or more, whichever is greater; or
    (2) Is designed or used to transport more than 8 passengers
(including the driver) for compensation; or
    (3) Is designed or used to transport more than 15 passengers,
including the driver, and is not used to transport passengers for
compensation; or
    (4) Is used in transporting material found by the Secretary of
Transportation to be hazardous under 49 U.S.C. 5103 and transported in
a quantity requiring placarding under regulations prescribed by the
Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
    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
prorated.
    Covered farm vehicle means--
    (1) A straight truck or articulated vehicle--
    (i) Registered in a State with a license plate or other designation
issued by the State of registration that allows law enforcement
officials to identify it as a farm vehicle;
    (ii) Operated by the owner or operator of a farm or ranch, or an
employee or family member of a an owner or operator of a farm or ranch;
    (iii) Used to transport agricultural commodities, livestock,
machinery or supplies to or from a farm or ranch; and
    (iv) Not used in for-hire motor carrier operations; however, for-
hire motor carrier operations do not include the operation of a vehicle
meeting the requirements of paragraphs (1)(i) through (iii) of this
definition by a tenant pursuant to a crop share farm lease agreement to
transport the landlord's portion of the crops under that agreement.
    (2) Meeting the requirements of paragraphs (1)(i) through (iv) of
this definition:
    (i) With a gross vehicle weight or gross vehicle weight rating,
whichever is greater, of 26,001 pounds or less may utilize the
exemptions in Sec.  390.39 anywhere in the United States; or
    (ii) With a gross vehicle weight or gross vehicle weight rating,
whichever is greater, of more than 26,001 pounds may utilize the
exemptions in Sec.  390.39 anywhere in the State of registration or
across State lines within 150 air miles of the farm or ranch with
respect to which the vehicle is being operated.
    Crash. See accident.
    Direct assistance means transportation and other relief services
provided by a motor carrier or its driver(s) incident to the immediate
restoration of essential services (such as, electricity, medical care,
sewer, water, telecommunications, and telecommunication transmissions)
or essential supplies (such as, food and fuel). It does not include
transportation related to long-term rehabilitation of damaged physical
infrastructure or routine commercial deliveries after the initial
threat to life and property has passed.
    Direct compensation means payment made to the motor carrier by the
passengers or a person acting on behalf of the passengers for the
transportation services provided, and not included in a total package
charge or other assessment for highway transportation services.
    Disabling damage means damage which precludes departure of a motor
vehicle from the scene of the accident in its usual manner in daylight
after simple repairs.
    (1) Inclusions. Damage to motor vehicles that could have been
driven, but would have been further damaged if so driven.
    (2) Exclusions. (i) Damage which can be remedied temporarily at the
scene of the accident without special tools or parts.
    (ii) Tire disablement without other damage even if no spare tire is
available.
    (iii) Headlamp or taillight damage.
    (iv) Damage to turn signals, horn, or windshield wipers which makes
them inoperative.
    Driveaway-towaway operation means an operation in which an empty or
unladen motor vehicle with one or more sets of wheels on the surface of
the roadway is being transported:
    (1) Between vehicle manufacturer's facilities;
    (2) Between a vehicle manufacturer and a dealership or purchaser;
    (3) Between a dealership, or other entity selling or leasing the
vehicle, and a purchaser or lessee;
    (4) To a motor carrier's terminal or repair facility for the repair
of disabling damage (as defined in this section) following a crash; or
    (5) To a motor carrier's terminal or repair facility for repairs
associated with the failure of a vehicle component or system; or
    (6) By means of a saddle-mount or tow-bar.
    Driver means any person who operates any commercial motor vehicle.
    Driving a commercial motor vehicle while under the influence of
alcohol means committing any one or more of the following acts in a
CMV: Driving a CMV while the person's alcohol concentration is 0.04 or
more; driving under the influence of alcohol, as prescribed by State
law; or refusal to undergo such testing as is required by any State or
jurisdiction in the enforcement of Table 1 to Sec.  383.51 or Sec.
392.5(a)(2) of this subchapter.
    Electronic device includes, but is not limited to, a cellular
telephone; personal digital assistant; pager; computer; or any other
device used to input, write, send, receive, or read text.
    Emergency means any hurricane, tornado, storm (e.g. thunderstorm,
snowstorm, icestorm, blizzard, sandstorm, etc.), high water, wind-
driven water, tidal wave, tsunami, earthquake, volcanic eruption, mud
slide, drought, forest fire, explosion, blackout or other occurrence,
natural or man-made, which interrupts the delivery of essential
services (such as, electricity, medical care, sewer, water,
telecommunications, and telecommunication transmissions) or essential
supplies (such as, food and fuel) or otherwise immediately threatens
human life or public welfare, provided

such hurricane, tornado, or other event results in:
    (1) A declaration of an emergency by the President of the United
States, the Governor of a State, or their authorized representatives
having authority to declare emergencies; by the FMCSA Field
Administrator for the geographical area in which the occurrence
happens; or by other Federal, State or local government officials
having authority to declare emergencies; or
    (2) A request by a police officer for tow trucks to move wrecked or
disabled motor vehicles.
    Emergency condition requiring immediate response means any
condition that, if left unattended, is reasonably likely to result in
immediate serious bodily harm, death, or substantial damage to
property. In the case of transportation of propane winter heating fuel,
such conditions shall include (but are not limited to) the detection of
gas odor, the activation of carbon monoxide alarms, the detection of
carbon monoxide poisoning, and any real or suspected damage to a
propane gas system following a severe storm or flooding. An ``emergency
condition requiring immediate response'' does not include requests to
refill empty gas tanks. In the case of a pipeline emergency, such
conditions include (but are not limited to) indication of an abnormal
pressure event, leak, release or rupture.
    Emergency relief means an operation in which a motor carrier or
driver of a commercial motor vehicle is providing direct assistance to
supplement State and local efforts and capabilities to save lives or
property or to protect public health and safety as a result of an
emergency as defined in this section.
    Employee means any individual, other than an employer, who is
employed by an employer and who in the course of his or her employment
directly affects commercial motor vehicle safety. Such term includes a
driver of a commercial motor vehicle (including an independent
contractor while in the course of operating a commercial motor
vehicle), a mechanic, and a freight handler. Such term does not include
an employee of the United States, any State, any political subdivision
of a State, or any agency established under a compact between States
and approved by the Congress of the United States who is acting within
the course of such employment.
    Employer means any person engaged in a business affecting
interstate commerce who owns or leases a commercial motor vehicle in
connection with that business, or assigns employees to operate it, but
such terms does not include the United States, any State, any political
subdivision of a State, or an agency established under a compact
between States approved by the Congress of the United States.
    Exempt intracity zone means the geographic area of a municipality
or the commercial zone of that municipality described in appendix F to
this subchapter. The term ``exempt intracity zone'' does not include
any municipality or commercial zone in the State of Hawaii. For
purposes of Sec.  391.62 of this chapter, a driver may be considered to
operate a commercial motor vehicle wholly within an exempt intracity
zone notwithstanding any common control, management, or arrangement for
a continuous carriage or shipment to or from a point without such zone.
    Exempt motor carrier means a person engaged in transportation
exempt from economic regulation by the Federal Motor Carrier Safety
Administration (FMCSA) under 49 U.S.C. 13506. ``Exempt motor carriers''
are subject to the safety regulations set forth in this subchapter.
    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.
    Fatality means any injury which results in the death of a person at
the time of the motor vehicle accident or within 30 days of the
accident.
    Federal Motor Carrier Safety Administrator means the chief
executive of the Federal Motor Carrier Safety Administration, an agency
within the Department of Transportation.
    For-hire motor carrier means a person engaged in the transportation
of goods or passengers for compensation.
    Gross combination weight rating (GCWR) is the greater of:
    (1) A value specified by the manufacturer of the power unit, if
such value is displayed on the Federal Motor Vehicle Safety Standard
(FMVSS) certification label required by the National Highway Traffic
Safety Administration; or
    (2) The sum of the gross vehicle weight ratings (GVWRs) or the
gross vehicle weights (GVWs) of the power unit and the towed unit(s),
or any combination thereof, that produces the highest value. Exception:
The GCWR of the power unit will not be used to define a commercial
motor vehicle when the power unit is not towing another vehicle.
    Gross vehicle weight rating (GVWR) means the value specified by the
manufacturer as the loaded weight of a single motor vehicle.
    Hazardous material means a substance or material which has been
determined by the Secretary of Transportation to be capable of posing
an unreasonable risk to health, safety, and property when transported
in commerce, and which has been so designated.
    Hazardous substance means a material, and its mixtures or
solutions, that is identified in the appendix to Sec.  172.101 of this
title, List of Hazardous Substances and Reportable Quantities, of this
title when offered for transportation in one package, or in one
transport motor vehicle if not packaged, and when the quantity of the
material therein equals or exceeds the reportable quantity (RQ). This
definition does not apply to petroleum products that are lubricants or
fuels, or to mixtures or solutions of hazardous substances if in a
concentration less than that shown in the table in Sec.  171.8 of this
title, based on the reportable quantity (RQ) specified for the
materials listed in the appendix to Sec.  172.101 of this title.
    Hazardous waste means any material that is subject to the hazardous
waste manifest requirements of the EPA specified in 40 CFR part 262 or
would be subject to these requirements absent an interim authorization
to a State under 40 CFR part 123, subpart F.
    Highway means any road, street, or way, whether on public or
private property, open to public travel. ``Open to public travel''
means that the road section is available, except during scheduled
periods, extreme weather or emergency conditions, passable by four-
wheel standard passenger cars, and open to the general public for use
without restrictive gates, prohibitive signs, or regulation other than
restrictions based on size, weight, or class of registration. Toll
plazas of

public toll roads are not considered restrictive gates.
    Interchange means--
    (1) The act of providing intermodal equipment to a motor carrier
pursuant to an intermodal equipment interchange agreement for the
purpose of transporting the equipment for loading or unloading by any
person or repositioning the equipment for the benefit of the equipment
provider, but it does not include the leasing of equipment to a motor
carrier for primary use in the motor carrier's freight hauling
operations; or
    (2) The act of providing a passenger-carrying commercial motor
vehicle by one motor carrier of passengers to another such carrier, at
a point which both carriers are authorized to serve, with which to
continue a through movement.
    (3) For property-carrying vehicles, see Sec.  376.2 of this
subchapter.
    Intermodal equipment means trailing equipment that is used in the
intermodal transportation of containers over public highways in
interstate commerce, including trailers and chassis.
    Intermodal equipment interchange agreement means the Uniform
Intermodal Interchange and Facilities Access Agreement (UIIFA) or any
other written document executed by an intermodal equipment provider or
its agent and a motor carrier or its agent, the primary purpose of
which is to establish the responsibilities and liabilities of both
parties with respect to the interchange of the intermodal equipment.
    Intermodal equipment provider means any person that interchanges
intermodal equipment with a motor carrier pursuant to a written
interchange agreement or has a contractual responsibility for the
maintenance of the intermodal equipment.
    Interstate commerce means trade, traffic, or transportation in the
United States--
    (1) Between a place in a State and a place outside of such State
(including a place outside of the United States);
    (2) Between two places in a State through another State or a place
outside of the United States; or
    (3) Between two places in a State as part of trade, traffic, or
transportation originating or terminating outside the State or the
United States.
    Intrastate commerce means any trade, traffic, or transportation in
any State which is not described in the term ``interstate commerce.''
    Lease, as used in Sec.  390.21T(f) and subpart F of this part,
means a contract or arrangement in which a motor carrier grants the use
of a passenger-carrying commercial motor vehicle to another motor
carrier, with or without a driver, for a specified period for the
transportation of passengers, in exchange for compensation. The term
lease includes an interchange, as defined in this section, or other
agreement granting the use of a passenger-carrying commercial motor
vehicle for a specified period, with or without a driver, whether or
not compensation for such use is specified or required. For a
definition of lease in the context of property-carrying vehicles, see
Sec.  376.2 of this subchapter.
    Lessee, as used in subpart F of this part, means the motor carrier
obtaining the use of a passenger-carrying commercial motor vehicle,
with or without the driver, from another motor carrier. The term lessee
includes a motor carrier obtaining the use of a passenger-carrying
commercial motor vehicle from another motor carrier under an
interchange or other agreement, with or without a driver, whether or
not compensation for such use is specified. For a definition of lessee
in the context of property-carrying vehicles, see Sec.  376.2 of this
subchapter.
    Lessor, as used in subpart F of this part, means the motor carrier
granting the use of a passenger-carrying commercial motor vehicle, with
or without a driver, to another motor carrier. The term lessor includes
a motor carrier granting the use of a passenger-carrying commercial
motor vehicle to another motor carrier under an interchange or other
agreement, with or without a driver, whether or not compensation for
such use is specified. For a definition of lessor in the context of
property-carrying vehicles, see Sec.  376.2 of this subchapter.
    Medical examiner means the following:
    (1) For medical examinations conducted before May 21, 2014, a
person who is licensed, certified, and/or registered, in accordance
with applicable State laws and regulations, to perform physical
examinations. The term includes but is not limited to, doctors of
medicine, doctors of osteopathy, physician assistants, advanced
practice nurses, and doctors of chiropractic.
    (2) For medical examinations conducted on and after May 21, 2014,
an individual certified by FMCSA and listed on the National Registry of
Certified Medical Examiners in accordance with subpart D of this part.
    Medical variance means a driver has received one of the following
from FMCSA that allows the driver to be issued a medical certificate:
    (1) An exemption letter permitting operation of a commercial motor
vehicle pursuant to part 381, subpart C, of this chapter or Sec.
391.64 of this chapter;
    (2) A skill performance evaluation certificate permitting operation
of a commercial motor vehicle pursuant to Sec.  391.49 of this chapter.
    Mobile telephone means a mobile communication device that falls
under or uses any commercial mobile radio service, as defined in
regulations of the Federal Communications Commission, 47 CFR 20.3. It
does not include two-way or Citizens Band Radio services.
    Motor carrier means a for-hire motor carrier or a private motor
carrier. The term includes a motor carrier's agents, officers and
representatives as well as employees responsible for hiring,
supervising, training, assigning, or dispatching of drivers and
employees concerned with the installation, inspection, and maintenance
of motor vehicle equipment and/or accessories. For purposes of this
subchapter, this definition includes the terms employer, and exempt
motor carrier.
    Motor vehicle means any vehicle, machine, tractor, trailer, or
semitrailer propelled or drawn by mechanical power and used upon the
highways in the transportation of passengers or property, or any
combination thereof determined by the Federal Motor Carrier Safety
Administration, but does not include any vehicle, locomotive, or car
operated exclusively on a rail or rails, or a trolley bus operated by
electric power derived from a fixed overhead wire, furnishing local
passenger transportation similar to street-railway service.
    Motor vehicle record means the report of the driving status and
history of a driver generated from the driver record, provided to
users, such as, drivers or employers, and subject to the provisions of
the Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
    Multiple-employer driver means a driver, who in any period of 7
consecutive days, is employed or used as a driver by more than one
motor carrier.
    Operating authority means the registration required by 49 U.S.C.
13902, 49 CFR part 365, 49 CFR part 368, and 49 CFR 392.9a.
    Operator. See driver.
    Other terms. Any other term used in this subchapter is used in its
commonly accepted meaning, except where such other term has been
defined elsewhere in this subchapter. In that event, the definition
therein given shall apply.

    Out-of-service order means a declaration by an authorized
enforcement officer of a Federal, State, Canadian, Mexican, or local
jurisdiction that a driver, a commercial motor vehicle, or a motor
carrier operation is out of service pursuant to 49 CFR 386.72, 392.5,
392.9a, 395.13, or 396.9, or compatible laws, or the North American
Standard Out-of-Service Criteria.
    Person means any individual, partnership, association, corporation,
business trust, or any other organized group of individuals.
    Previous employer means any DOT regulated person who employed the
driver in the preceding 3 years, including any possible current
employer.
    Principal place of business means the single location designated by
the motor carrier, normally its headquarters, for purposes of
identification under this subchapter. The motor carrier must make
records required by parts 382, 387, 390, 391, 395, 396, and 397 of this
subchapter available for inspection at this location within 48 hours
(Saturdays, Sundays, and Federal holidays excluded) after a request has
been made by a special agent or authorized representative of the
Federal Motor Carrier Safety Administration.
    Private motor carrier means a person who provides transportation of
property or passengers, by commercial motor vehicle, and is not a for-
hire motor carrier.
    Private motor carrier of passengers (business) means a private
motor carrier engaged in the interstate transportation of passengers
which is provided in the furtherance of a commercial enterprise and is
not available to the public at large.
    Private motor carrier of passengers (nonbusiness) means private
motor carrier involved in the interstate transportation of passengers
that does not otherwise meet the definition of a private motor carrier
of passengers (business).
    Radar detector means any device or mechanism to detect the emission
of radio microwaves, laser beams or any other future speed measurement
technology employed by enforcement personnel to measure the speed of
commercial motor vehicles upon public roads and highways for
enforcement purposes. Excluded from this definition are radar detection
devices that meet both of the following requirements:
    (1) Transported outside the driver's compartment of the commercial
motor vehicle. For this purpose, the driver's compartment of a
passenger-carrying CMV shall include all space designed to accommodate
both the driver and the passengers; and
    (2) Completely inaccessible to, inoperable by, and imperceptible to
the driver while operating the commercial motor vehicle.
    Receiver or consignee means a person who takes delivery from a
motor carrier or driver of a commercial motor vehicle of property
transported in interstate commerce or hazardous materials transported
in interstate or intrastate commerce.
    Regional Director of Motor Carriers means the Field Administrator,
Federal Motor Carrier Safety Administration, for a given geographical
area of the United States.
    Residential district means the territory adjacent to and including
a highway which is not a business district and for a distance of 300
feet or more along the highway is primarily improved with residences.
    School bus means a passenger motor vehicle which is designed or
used to carry more than 10 passengers in addition to the driver, and
which the Secretary determines is likely to be significantly used for
the purpose of transporting preprimary, primary, or secondary school
students to such schools from home or from such schools to home.
    School bus operation means the use of a school bus to transport
only school children and/or school personnel from home to school and
from school to home.
    Secretary means the Secretary of Transportation.
    Shipper means a person who tenders property to a motor carrier or
driver of a commercial motor vehicle for transportation in interstate
commerce, or who tenders hazardous materials to a motor carrier or
driver of a commercial motor vehicle for transportation in interstate
or intrastate commerce.
    Single-employer driver means a driver who, in any period of 7
consecutive days, is employed or used as a driver solely by a single
motor carrier. This term includes a driver who operates a commercial
motor vehicle on an intermittent, casual, or occasional basis.
    Special agent. See appendix B to this subchapter--Special agents.
    State means a State of the United States and the District of
Columbia and includes a political subdivision of a State.
    Texting means manually entering alphanumeric text into, or reading
text from, an electronic device.
    (1) This action includes, but is not limited to, short message
service, emailing, instant messaging, a command or request to access a
World Wide Web page, pressing more than a single button to initiate or
terminate a voice communication using a mobile telephone, or engaging
in any other form of electronic text retrieval or entry, for present or
future communication.
    (2) Texting does not include:
    (i) Inputting, selecting, or reading information on a global
positioning system or navigation system; or
    (ii) Pressing a single button to initiate or terminate a voice
communication using a mobile telephone; or
    (iii) Using a device capable of performing multiple functions
(e.g., fleet management systems, dispatching devices, smart phones,
citizens band radios, music players, etc.) for a purpose that is not
otherwise prohibited in this subchapter.
    Trailer includes:
    (1) Full trailer means any motor vehicle other than a pole trailer
which is designed to be drawn by another motor vehicle and so
constructed that no part of its weight, except for the towing device,
rests upon the self-propelled towing motor vehicle. A semitrailer
equipped with an auxiliary front axle (converter dolly) shall be
considered a full trailer.
    (2) Pole trailer means any motor vehicle which is designed to be
drawn by another motor vehicle and attached to the towing motor vehicle
by means of a ``reach'' or ``pole,'' or by being ``boomed'' or
otherwise secured to the towing motor vehicle, for transporting long or
irregularly shaped loads such as poles, pipes, or structural members,
which generally are capable of sustaining themselves as beams between
the supporting connections.
    (3) Semitrailer means any motor vehicle, other than a pole trailer,
which is designed to be drawn by another motor vehicle and is
constructed so that some part of its weight rests upon the self-
propelled towing motor vehicle.
    Transportation intermediary means a person who arranges the
transportation of property or passengers by commercial motor vehicle in
interstate commerce, or who arranges the transportation of hazardous
materials by commercial motor vehicle in interstate or intrastate
commerce, including but not limited to brokers and freight forwarders.
    Truck means any self-propelled commercial motor vehicle except a
truck tractor, designed and/or used for the transportation of property.
    Truck tractor means a self-propelled commercial motor vehicle
designed and/or used primarily for drawing other vehicles.
    Use a hand-held mobile telephone means:

    (1) Using at least one hand to hold a mobile telephone to conduct a
voice communication;
    (2) Dialing or answering a mobile telephone by pressing more than a
single button; or
    (3) Reaching for a mobile telephone in a manner that requires a
driver to maneuver so that he or she is no longer in a seated driving
position, restrained by a seat belt that is installed in accordance
with 49 CFR 393.93 and adjusted in accordance with the vehicle
manufacturer's instructions.
    United States means the 50 States and the District of Columbia.

Sec.  390.19  [SUSPENDED]

0
81. Suspend Sec.  390.19.

0
82. Add Sec.  390.19T to read as follows:

Sec.  390.19T  Motor carrier identification reports for certain Mexico-
domiciled motor carriers.

    (a) Applicability. Each motor carrier and intermodal equipment
provider must file Form MCS-150, Form MCS-150B or Form MCS-150C with
FMCSA as follows:
    (1) A U.S.-, Canada-, Mexico-, or non-North America-domiciled motor
carrier conducting operations in interstate commerce must file a Motor
Carrier Identification Report, Form MCS-150.
    (2) A motor carrier conducting operations in intrastate commerce
and requiring a Safety Permit under 49 CFR part 385, subpart E, must
file the Combined Motor Carrier Identification Report and HM Permit
Application, Form MCS-150B.
    (3) Each intermodal equipment provider that offers intermodal
equipment for transportation in interstate commerce must file an
Intermodal Equipment Provider Identification Report, Form MCS-150C.
    (b) Filing schedule. Each motor carrier or intermodal equipment
provider must file the appropriate form under paragraph (a) of this
section at the following times:
    (1) Before it begins operations; and
    (2) Every 24 months, according to the following schedule:

------------------------------------------------------------------------
           USDOT No. ending in               Must file by last day of
------------------------------------------------------------------------
1.......................................  January.
2.......................................  February.
3.......................................  March.
4.......................................  April.
5.......................................  May.
6.......................................  June.
7.......................................  July.
8.......................................  August.
9.......................................  September.
0.......................................  October.
------------------------------------------------------------------------

    (3) If the next-to-last digit of its USDOT Number is odd, the motor
carrier or intermodal equipment provider shall file its update in every
odd-numbered calendar year. If the next-to-last digit of the USDOT
Number is even, the motor carrier or intermodal equipment provider
shall file its update in every even-numbered calendar year.
    (4) A person that fails to complete biennial updates to the
information pursuant to paragraph (b)(2) of this section is subject to
the penalties prescribed in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C.
14901(a), as appropriate, and deactivation of its USDOT Number.
    (c) Availability of forms. The forms described under paragraph (a)
of this section and complete instructions are available from the FMCSA
Web site at http://www.fmcsa.dot.gov (Keyword ``MCS-150,'' or ``MCS-
150B,'' or ``MCS-150C''); from all FMCSA Service Centers and Division
offices nationwide; or by calling 1-800-832-5660.
    (d) Where to file. The required form under paragraph (a) of this
section must be filed with the FMCSA Office of Registration and Safety
Information. The form may be filed electronically according to the
instructions at the Agency's Web site, or it may be sent to Federal
Motor Carrier Safety Administration, Office of Registration and Safety
Information (MC-RS), 1200 New Jersey Avenue SE., Washington, DC 20590.
    (e) Special instructions for for-hire motor carriers. A for-hire
motor carrier should submit the Form MCS-150, or Form MCS-150B, along
with its application for operating authority (Form OP-1, OP-1(MX), OP-
1(NNA) or OP-2), to the appropriate address referenced on that form, or
may submit it electronically or by mail separately to the address
mentioned in paragraph (d) of this section.
    (f) Only the legal name or a single trade name of the motor carrier
or intermodal equipment provider may be used on the forms under
paragraph (a) of this section (Form MCS-150, MCS-150B, or MCS-150C).
    (g) A motor carrier or intermodal equipment provider that fails to
file the form required under paragraph (a) of this section, or
furnishes misleading information or makes false statements upon the
form, is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B).
    (h)(1) Upon receipt and processing of the form described in
paragraph (a) of this section, FMCSA will issue the motor carrier or
intermodal equipment provider an identification number (USDOT Number).
    (2) The following applicants must additionally pass a pre-
authorization safety audit as described below before being issued a
USDOT Number:
    (i) A Mexico-domiciled motor carrier seeking to provide
transportation of property or passengers in interstate commerce between
Mexico and points in the United States beyond the municipalities and
commercial zones along the United States-Mexico international border
must pass the pre-authorization safety audit under Sec.  365.507T of
this subchapter. The Agency will not issue a USDOT Number until
expiration of the protest period provided in Sec.  365.115 of this
subchapter or--if a protest is received--after FMCSA denies or rejects
the protest.
    (ii) A non-North America-domiciled motor carrier seeking to provide
transportation of property or passengers in interstate commerce within
the United States must pass the pre-authorization safety audit under
Sec.  385.607T(c) of this subchapter. The Agency will not issue a USDOT
Number until expiration of the protest period provided in Sec.  365.115
of this subchapter or--if a protest is received--after FMCSA denies or
rejects the protest.
    (3) The motor carrier must display the number on each self-
propelled CMV, as defined in Sec.  390.5T, along with the additional
information required by Sec.  390.21T.
    (4) The intermodal equipment provider must identify each unit of
interchanged intermodal equipment by its assigned USDOT number.
    (i) A motor carrier that registers its vehicles in a State that
participates in the Performance and Registration Information Systems
Management (PRISM) program (authorized under section 4004 of the
Transportation Equity Act for the 21st Century [Public Law 105-178, 112
Stat. 107]) is exempt from the requirements of this section, provided
it files all the required information with the appropriate State
office.

Sec.  390.21   [Suspended]

0
83. Suspend Sec.  390.21.

0
84. Add Sec.  390.21T to read as follows:

Sec.  390.21T  Marking of self-propelled CMVs and intermodal equipment.

    (a) General. Every self-propelled CMV subject to this subchapter
must be marked as specified in paragraphs (b), (c), and (d) of this
section, and each unit of intermodal equipment interchanged or offered
for interchange to a motor carrier by an intermodal equipment provider
subject to this subchapter must be marked as specified in paragraph (g)
of this section.

    (b) Nature of marking. The marking must display the following
information:
    (1) The legal name or a single trade name of the motor carrier
operating the self-propelled CMV, as listed on the motor carrier
identification report (Form MCS-150) and submitted in accordance with
Sec.  390.19T.
    (2) The identification number issued by FMCSA to the motor carrier
or intermodal equipment provider, preceded by the letters ``USDOT.''
    (3) If the name of any person other than the operating carrier
appears on the CMV, the name of the operating carrier must be followed
by the information required by paragraphs (b)(1) and (2) of this
section, and be preceded by the words ``operated by.''
    (4) Other identifying information may be displayed on the vehicle
if it is not inconsistent with the information required by this
paragraph (b).
    (c) Size, shape, location, and color of marking. The marking must--
    (1) Appear on both sides of the self-propelled CMV;
    (2) Be in letters that contrast sharply in color with the
background on which the letters are placed;
    (3) Be readily legible, during daylight hours, from a distance of
50 feet (15.24 meters) while the CMV is stationary; and
    (4) Be kept and maintained in a manner that retains the legibility
required by paragraph (c)(3) of this section.
    (d) Construction and durability. The marking may be painted on the
CMV or may consist of a removable device, if that device meets the
identification and legibility requirements of paragraph (c) of this
section, and such marking must be maintained as required by paragraph
(c)(4) of this section.
    (e) Rented property-carrying commercial motor vehicles. A motor
carrier operating a self-propelled property-carrying commercial motor
vehicle under a rental agreement having a term not in excess of 30
calendar days meets the requirements of this section if:
    (1) The CMV is marked in accordance with the provisions of
paragraphs (b) through (d) of this section; or
    (2) The CMV is marked as set forth in paragraphs (e)(2)(i) through
(iv) of this section:
    (i) The legal name or a single trade name of the lessor is
displayed in accordance with paragraphs (c) and (d) of this section.
    (ii) The lessor's identification number preceded by the letters
``USDOT'' is displayed in accordance with paragraphs (c) and (d) of
this section.
    (iii) The rental agreement entered into by the lessor and the
renting motor carrier conspicuously contains the following information:
    (A) The name and complete physical address of the principal place
of business of the renting motor carrier;
    (B) The identification number issued the renting motor carrier by
the FMCSA, preceded by the letters ``USDOT,'' if the motor carrier has
been issued such a number. In lieu of the identification number
required in this paragraph (e)(2)(iii)(B), the following may be shown
in the rental agreement:
    (1) Information which indicates whether the motor carrier is
engaged in ``interstate'' or ``intrastate'' commerce; and
    (2) Information which indicates whether the renting motor carrier
is transporting hazardous materials in the rented CMV; and
    (C) The sentence: ``This lessor cooperates with all Federal, State,
and local law enforcement officials nationwide to provide the identity
of customers who operate this rental CMV''.
    (iv) The rental agreement entered into by the lessor and the
renting motor carrier is carried on the rental CMV during the full term
of the rental agreement. See the leasing regulations at 49 CFR part 376
for information that should be included in all leasing documents.
    (f) Leased and interchanged passenger-carrying commercial motor
vehicles. A motor carrier operating a leased or interchanged passenger-
carrying commercial motor vehicle meets the requirements of this
section if:
    (1) The passenger-carrying CMV is marked in accordance with the
provisions of paragraphs (b) through (d) of this section, except that
marking is required only on the right (curb) side of the vehicle; and
    (2) The passenger-carrying CMV is marked with a single placard,
sign, or other device affixed to the right (curb) side of the vehicle
on or near the front passenger door. The placard, sign or device must
display the legal name or a single trade name of the motor carrier
operating the CMV and the motor carrier's USDOT number, preceded by the
words ``Operated by.''
    (g) Driveaway services. In driveaway services, a removable device
may be affixed on both sides or at the rear of a single driven vehicle.
In a combination driveaway operation, the device may be affixed on both
sides of any one unit or at the rear of the last unit. The removable
device must display the legal name or a single trade name of the motor
carrier and the motor carrier's USDOT number.
    (h) Intermodal equipment. (1) The requirements for marking
intermodal equipment apply to each intermodal equipment provider, as
defined in Sec.  390.5T, that interchanges or offers for interchange
intermodal equipment to a motor carrier.
    (2) Each unit of intermodal equipment interchanged or offered for
interchange to a motor carrier by an intermodal equipment provider
subject to this subchapter must identify the intermodal equipment
provider.
    (3) The intermodal equipment provider must be identified by its
legal name or a single trade name and the identification number issued
by FMCSA, preceded by the letters ``USDOT.''
    (4) The intermodal equipment must be identified as follows, using
any one of the following methods:
    (i) The identification marking must appear on the curb side of the
item of equipment. It must be in letters that contrast sharply in color
with the background on which the letters are placed. The letters must
be readily legible, during daylight hours, from a distance of 50 feet
(15.24 meters) while the CMV is stationary; and be kept and maintained
in a manner that retains this legibility; or
    (ii) The identification marking must appear on a label placed upon
the curb side of the item of equipment. The label must be readily
visible and legible to an inspection official during daylight hours
when the vehicle is stationary. The label must be a color that
contrasts sharply with the background on which it is placed, and the
letters must also contrast sharply in color with the background of the
label. The label must be kept and maintained in a manner that retains
this legibility; or
    (iii) The USDOT number of the intermodal equipment provider must
appear on the interchange agreement so that it is clearly identifiable
to an inspection official. The interchange agreement must include
additional information to identify the specific item of intermodal
equipment (such as the Vehicle Identification Number (VIN) and 4-
character Standard Carrier Alpha Code (SCAC) code and 6-digit unique
identifying number); or
    (iv) The identification marking must be shown on a document placed
in a weathertight compartment affixed to the frame of the item of
intermodal equipment. The color of the letters used in the document
must contrast sharply in color with the background of the document. The
document must include additional information to identify the specific
item of intermodal equipment (such as the VIN and 4-character SCAC

code and 6-digit unique identifying number).
    (v) The USDOT number of the intermodal equipment provider is
maintained in a database that is available via real-time internet and
telephonic access. The database must:
    (A) Identify the name and USDOT number of the intermodal equipment
provider responsible for the intermodal equipment, in response to an
inquiry that includes:
    (i) SCAC plus trailing digits; or
    (ii) License plate number and State of license; or
    (iii) VIN of the item of intermodal equipment.
    (B) Offer read-only access for inquiries on individual items of
intermodal equipment, without requiring advance user registration, a
password, or a usage fee.

Sec.  390.40  [SUSPENDED]

0
85. Suspend Sec.  390.40.

0
86. Add Sec.  390. 40T to read as follows:

Sec.  390.40T   What responsibilities do intermodal equipment providers
have under the Federal Motor Carrier Safety Regulations (49 CFR parts
350 through 399)?

    An intermodal equipment provider must--
    (a) Identify its operations to the FMCSA by filing the Form MCS-
150C required by Sec.  390.19T.
    (b) Mark its intermodal equipment with the USDOT number as required
by Sec.  390.21T before tendering the equipment to a motor carrier.
    (c) Systematically inspect, repair, and maintain, or cause to be
systematically inspected, repaired, and maintained, in a manner
consistent with Sec.  396.3(a)(1) of this chapter, as applicable, all
intermodal equipment intended for interchange with a motor carrier.
    (d) Provide intermodal equipment intended for interchange that is
in safe and proper operating condition.
    (e) Maintain a system of driver vehicle inspection reports
submitted to the intermodal equipment provider as required by Sec.
396.11 of this chapter.
    (f) Maintain a system of inspection, repair, and maintenance
records as required by Sec.  396.3(b)(3) of this chapter for equipment
intended for interchange with a motor carrier.
    (g) Periodically inspect equipment intended for interchange, as
required under Sec.  396.17 of this chapter.
    (h) At facilities at which the intermodal equipment provider makes
intermodal equipment available for interchange, have procedures in
place, and provide sufficient space, for drivers to perform a pre-trip
inspection of tendered intermodal equipment.
    (i) At facilities at which the intermodal equipment provider makes
intermodal equipment available for interchange, develop and implement
procedures to repair any equipment damage, defects, or deficiencies
identified as part of a pre-trip inspection, or replace the equipment,
prior to the driver's departure. The repairs or replacement must be
made after being notified by a driver of such damage, defects, or
deficiencies.
    (j) Refrain from placing intermodal equipment in service on the
public highways if that equipment has been found to pose an imminent
hazard, as defined in Sec.  386.72(b)(3) of this chapter.

Subpart E--[SUSPENDED]

0
87. Suspend subpart E, consisting of Sec. Sec.  390.201 through
390.209.

0
88. Add a new subpart E, consisting of Sec.  390.200T, to read as
follows:

Subpart E--URS Online Application

Sec.  390.200T  USDOT Registration.

    (a) Purpose. This section establishes who must register with FMCSA
using the Form MCSA-1, the URS online application, beginning January
14, 2017.
    (b) Applicability. Notwithstanding any other provisions of this
part or 49 CFR 385.305T(b)(2), a new applicant private motor carrier or
new applicant exempt for-hire motor carrier subject to the requirements
of this subchapter must file Form MCSA-1 with FMCSA to identify its
operations with the Federal Motor Carrier Safety Administration for
safety oversight. Form MCSA-1 is the URS online application, and both
the application and its instructions are available from the FMCSA Web
site at http://www.fmcsa.dot.gov/urs.
    (c) Definition. For purposes of this section, a ``new applicant''
is an entity applying for operating authority registration and a USDOT
number who does not at the time of application have an active
registration or USDOT, Motor Carrier (MC), Mexican owned or controlled
(MX), or Freight Forwarder (FF) number, and who has never had an active
registration or USDOT, MC, MX, or FF number.

    Issued under authority delegated under 49 CFR 1.87 on: December
23, 2016.
T.F. Scott Darling III,
Administrator.
[FR Doc. 2016-31706 Filed 1-13-17; 8:45 am]
 BILLING CODE 4910-EX-P