[Federal Register: October 1, 2007 (Volume 72, Number 189)]
[Rules and Regulations]
[Page 55697-55704]
[DOCID:fr01oc07-10]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 365, 369, 381, 382, 383, 384, 385, 386, 387, 388, 389,
390, 391, 392, 393, 395, and 397

RIN 2126-AB13

Technical Amendments to Federal Motor Carrier Safety Regulations

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

ACTION: Final rule.

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SUMMARY: This final rule makes technical corrections throughout 49 Code
of Federal Regulations subtitle B, chapter III. In 2007, the FMCSA
moved to 1200 New Jersey Avenue, SE., Washington, DC 20590. This rule
changes obsolete references to the old address. In addition, we are
making minor editorial changes to correct errors and omissions and
improve clarity. This rule does not make any substantive changes to the
affected parts of the Federal Motor Carrier Safety Regulations.

DATES: Effective October 1, 2007.

FOR FURTHER INFORMATION CONTACT: Jason Hartman, Regulatory Development
Division,<PHONE_NUMBER><EMAIL_ADDRESS>Office hours are from
8 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal
holidays.

SUPPLEMENTARY INFORMATION:

Legal Basis for the Rulemaking

    The provisions of the Federal Motor Carrier Safety Regulations
(FMCSRs) amended by this rule are based on many different statutes. The
legal authority for each of those provisions was explained when the
requirement was originally adopted and is summarized at the beginning
of each part in title 49, Code of Federal Regulations (CFR). No further
analysis is required here.
    A few of the amendments made by this rule are required by the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU), Public Law 109-59, August 10, 2005. Because the
SAFETEA-LU mandates left the Federal Motor Carrier Administration
(FMCSA) no discretion, the changes (described later in the preamble)
are appropriate for a technical amendment.
    Title 49 CFR, subtitle B, chapter III contains all the FMCSRs.

Background

    In 2007, FMCSA moved its headquarters from 400 Seventh Street, SW.,
Washington, DC 20590 to 1200 New Jersey Avenue, SE., Washington, DC
20590-0001. The move makes it necessary to amend the CFR to change
references to our address wherever they occur in the regulations.
    This document also makes editorial changes to correct inaccurate
references and citations, improve clarity, and fix errors. These minor
editorial changes are set out below, in a section-by-section
description of the changes.
    Changes in SAFETEA-LU affected the financial responsibility
requirements of both property and passenger carriers. Section
4120(b)(1) of SAFETEA-LU amended the reach of the financial
responsibility statute for property carriers from ``transportation of
property for compensation by motor vehicle * * *'' [49 U.S.C.
31139(b)(1)] to ``transportation of property by commercial motor
vehicle * * *'' Section 4120(a)(1) changed the reach of the financial
responsibility statute from ``transportation of passengers for
compensation by motor vehicle* * *'' [49 U.S.C. 31138(a)] to
``transportation of passengers by commercial motor vehicle * * *''
    A commercial motor vehicle, for these purposes, means a self-
propelled or towed vehicle used on the highways in interstate commerce
to transport passengers or property, if the vehicle--

    (A) Has a gross vehicle weight rating or gross vehicle weight of
at least 10,001 pounds, whichever is greater;
    (B) Is designed or used to transport more than 8 passengers
(including the driver) for compensation;
    (C) Is designed or used to transport more than 15 passengers,
including the driver, and is not used to transport passengers for
compensation * * * [49 U.S.C. 31132(1)(A)-(C)].

Part 387 of 49 CFR has to be changed to reflect these modifications to
FMCSA's authority to set insurance standards.
    As a result of the change by section 4120(b)(1), the FMCSA no
longer has the authority to set insurance standards for small freight
vehicles with a GVW/GVR under 10,001 pounds (unless they are hauling
placardable quantities of hazardous materials). We are deleting Sec.
387.303(b)(1)(i) to remove the reference to those small freight
vehicles. In addition, section 4120(a)(1) modified FMCSA's authority to
set insurance standards for passenger carriers. At or below the 15-
passenger threshold, FMCSA's authority is limited to passenger vehicles
``designed or used to transport more than 8 passengers (including the
driver) for compensation.'' We are removing the reference in Sec.
387.303 (b)(1)(ii) to ``Any vehicle with a seating capacity of 15
passengers or less.'' We are adding, instead, a reference to ``Any
vehicle designed or used to transport more than 8 passengers (including
the driver) for compensation.''
    These amendments do not impose any new requirements and make no
substantive changes to the CFR. Notice and comment are unnecessary.

Section by Section

    Section 381.315. Paragraph (d)(2) is amended by replacing the old
uniform resource locator (URL) for the DOT

Dockets Management System with a new reference to the Federal Docket
Management System at http://www.regulations.gov.

    Section 385.13. We are amending paragraph (d) by renumbering the
subparagraphs and making wording changes to improve clarity.
    Section 385.423. Paragraph (c) is amended by replacing the
reference to Sec. Sec.  386.31 and 386.33 with a new reference to
Sec. Sec.  386.5, 386.6, and 386.8. Sections 386.31 and 386.33 were
deleted and superseded by Sec. Sec.  386.6 and 386.5, respectively, on
May 18, 2005 (70 FR 28467-28486). The cross reference to Sec.  386.8 is
added for clarification.
    Part 385 Appendix B, Explanation of Safety Rating Process, is
changed to reflect previous amendments to the CFR that were
inadvertently never incorporated in the appendix. Before part 382 was
revised on August 17, 2001 (66 FR 43103), the post-accident testing
requirements for alcohol and controlled substances testing were both in
Sec.  382.303(a). For clarification, the revision kept the alcohol
testing requirement in paragraph (a) and put the controlled substances
testing requirement in paragraph (b). The same 2001 revision of Sec.
382.115 clarified that all the previous implementation dates had
elapsed and required all motor carriers, both domestic and foreign, to
implement the testing program requirements when they begin operating
commercial motor vehicles in the United States. We are changing part
385 Appendix B to correctly reflect those 2001 revisions.
    Section 386.2. In the definition of ``Assistant Administrator,''
Sec.  386.2 is amended by correcting the reference to the United States
Code (U.S.C.). The citation, which now reads ``49 U.S.C. 113(d),'' is
changed to read ``49 U.S.C. 113(e).''
    Section 386.7. We are removing the paragraph designation (a) to
correct the section.
    Section 387.303. Because of the changes in SAFETEA-LU, described in
the ``Background'' section above, paragraph (b)(1)(i) is rescinded and
the table in (b)(1)(ii) is changed. In paragraph (b)(1)(ii), the second
entry in the table, which used to cover any passenger vehicle with ``a
seating capacity of 15 passengers or less,'' now is limited to vehicles
``designed or used to transport more than 8 passengers (including the
driver) for compensation.'' Paragraph (b)(1)(ii) is also corrected to
remove an obsolete reference to effective dates.
    Section 389.5. We are clarifying paragraph (b) by renumbering and
by adding a reference to the regulations.gov Web site where readers can
have access to the Federal Docket Management System. We are also
changing the address in paragraph (a).
    Section 390.27. The table is corrected by moving New Mexico into
the Western Service Center, which now has responsibility for that
State. This document also changes the addresses for the Eastern,
Southern, and Western Service Centers.
    Section 391.23. Paragraph (c)(4) is corrected by changing ``For a
drivers'' to ``For drivers,'' to make the sentence grammatically
correct.
    Section 392.9. Paragraph (a)(1) is amended to correct the cross
reference to reflect changes published in the Federal Register on
September 27, 2002 (67 FR 61225). The new reference is to Sec. Sec.
393.100 through 393.136
    Section 395.1. On August 25, 2005 (70 FR 50071), the Agency amended
the hours of service rules but in instructing the revision of paragraph
(g), the Agency inadvertently omitted paragraphs (g)(3)(i) through (iv)
of Sec.  395.1 from the annual Code of Federal Regulations for October
1, 2005, and October 1, 2006. The 2005 amendment should have specified
the revision of paragraph (g)(3) introductory text; the Agency never
intended to remove paragraphs (g)(3)(i) through (iv). We are
reinstating those paragraphs to correct that omission. Therefore,
amendatory instruction 39 in this rule revises paragraph (g)(3) to
correctly reinstate paragraphs (g)(3)(i) through (iv).

Rulemaking Analyses and Notices

Administrative Procedure Act

    The Administrative Procedure Act provides exceptions to its notice
and public comment procedures when an agency finds there is good cause
on the basis that those procedures are ``impracticable, unnecessary, or
contrary to the public interest.'' (See 5 U.S.C. 553(b).) As stated
above, the amendments made by this final rule merely update mailing
addresses, correct inadvertent errors and omissions, remove obsolete
references, and make minor editorial changes to improve clarity and
consistency. These amendments do not impose any new requirements, nor
do they make any substantive changes to the CFR. For these reasons, the
FMCSA finds good cause that notice and public comment are unnecessary.
Further, the Agency finds good cause under 5 U.S.C. 553(d)(3) to make
the amendments effective upon publication.

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

    The FMCSA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866 or within
the meaning of Department of Transportation regulatory policies and
procedures. The Office of Management and Budget (OMB) did not review
this document. We expect the final rule will have minimal costs;
therefore, a full regulatory evaluation is unnecessary.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), FMCSA has evaluated the effects of this rule on small entities.
Because the rule only makes editorial corrections and places no new
requirements on the regulated industry, FMCSA certifies that this
action will not have a significant economic impact on a substantial
number of small entities.

Unfunded Mandates Reform Act of 1995

    This rulemaking will not impose an unfunded Federal mandate, as
defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1532, et
seq.), that will result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of $120
million or more in any 1 year.

Executive Order 12988 (Civil Justice Reform)

    This action will meet applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    The FMCSA analyzed this action under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. We determined that this rulemaking will not concern an
environmental risk to health or safety that may disproportionately
affect children.

Executive Order 12630 (Taking of Private Property)

    This rulemaking does not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Executive Order 13132 (Federalism)

    The FMCSA analyzed this rule in accordance with the principles and
criteria contained in Executive Order 13132. The FMCSA has determined
that this rulemaking will not have a substantial direct effect on
States, nor will it limit the policy-making discretion of the States.
Nothing in this document will preempt any State law or regulation. The
FMCSA has therefore determined this rule does not have federalism
implications.

Executive Order 12372 (Intergovernmental Review)

    The regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this action.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that FMCSA consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that no
new information collection requirements are associated with this final
rule.

National Environmental Policy Act

    The FMCSA analyzed this final rule for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
determined under our environmental procedures Order 5610.1, issued
March 1, 2004 (69 FR 9680), that this action would not have any effect
on the quality of the environment. Therefore, this final rule is
categorically excluded from further analysis and documentation in an
environmental assessment or environmental impact statement.
    The FMCSA also analyzed this rule under the Clean Air Act, as
amended (CAA), section 176(c) (42 U.S.C. 7401 et seq.), and
implementing regulations promulgated by the Environmental Protection
Agency. Approval of this action is exempt from the CAA's general
conformity requirement since it will have no effect on the environment.

Executive Order 13211 (Energy Effects)

    The FMCSA analyzed this action under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We determined that it is not a ``significant
energy action'' under that Executive Order because it will not be
economically significant and will not be likely to have an adverse
effect on the supply, distribution, or use of energy.

List of Subjects in 49 CFR Parts 385, 386, 387, 390, 391, 392, and
395

    Highway safety, Motor carriers, Insurance, Motor vehicle safety,
Reporting and recordkeeping requirements, and Surety bonds.

0
In consideration of the foregoing, FMCSA amends title 49, Code of
Federal Regulations, subtitle B, chapter III, as follows:

PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

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

    Authority: 5 U.S.C. 553 and 559; 16 U.S.C. 1456; 49 U.S.C.
13101, 13301, 13901-13906, 14708, 31138, and 31144; 49 CFR 1.73.

Sec. Sec.  365.405, 365.411, and 365.413  [Amended]

0
2. In the table below, for each section indicated in the left column,
remove the words indicated in the middle column, and add the words
indicated in the right column.

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
365.405(a)(1)...............  FMCSA, Licensing      Federal Motor
                               Team; (MC-PSDRIS),    Carrier Safety
                               400 Seventh Street,   Administration, IT
                               SW., Room 8214,       Operations Division
                               Washington, DC        (MC-RIO), 1200 New
                               20590.                Jersey Ave., SE.,
                                                     Washington, DC
                                                     20590-0001.
365.411(b)..................  FMCSA Licensing Team  Federal Motor
                               (MC-PSDRIS), 400      Carrier Safety
                               Seventh Street,       Administration, IT
                               SW., Room 8214,       Operations Division
                               Washington, DC        (MC-RIO), 1200 New
                               20590.                Jersey Ave., SE.,
                                                     Washington, DC
                                                     20590-0001.
365.413(b) introductory text  FMCSA, Licensing      Federal Motor
                               Team (MC-PSDRIS),     Carrier Safety
                               Washington, DC        Administration, IT
                               20590.                Operations Division
                                                     (MC-RIO), 1200 New
                                                     Jersey Ave., SE.,
                                                     Washington, DC
                                                     20590-0001.
------------------------------------------------------------------------

PART 369--REPORTS OF MOTOR CARRIERS

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

    Authority: 5 U.S.C. 553 and 559; 16 U.S.C. 1456; 49 U.S.C.
14123; 49 CFR 1.73.

Sec.  369.6  [Amended]

0
4. In Sec.  369.6, remove the words ``Federal Motor Carrier Safety
Administration, Office of Information Management, 400 Seventh St., SW.,
Washington, DC 20590'' and add, in their place, the words ``Federal
Motor Carrier Safety Administration, Office of Information Technology
(MC-RI), 1200 New Jersey Ave., SE., Washington, DC 20590-0001''.

PART 381--WAIVERS, EXEMPTIONS, AND PILOT PROGRAMS

0
5. The authority citation for part 381 continues to read as follows:

    Authority: 49 U.S.C. 31136(e) and 31315; 49 CFR 1.73.

Sec. Sec.  381.210, 381.225, 381.310, 381.315, 381.325, 381.410,
381.415  [Amended]

0
6. In the table below, for each section indicated in the left column,
remove the words indicated in the middle column, and add the words
indicated in the right column.

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
381.210(a)..................  Federal Motor         Administrator,
                               Carrier safety        Federal Motor
                               Administrator, U.S.   Carrier Safety
                               Department of         Administration,
                               Transportation, 400   1200 New Jersey
                               Seventh Street,       Ave., SE.,
                               SW., Washington, DC   Washington, DC
                               20490.                20590-0001.
381.225.....................  Office of Bus and     Federal Motor
                               Truck Research        Carrier Safety
                               Standards and         Administration,
                               Operations, Federal   Office of Bus and
                               Motor Carrier         Truck Standards and
                               Safety                Operations (MC-PS),
                               Administration, 400   1200 New Jersey
                               Seventh Street,       Ave., SE.,
                               SW., Washington, DC   Washington, DC
                               20590. The            20590-0001.
                               telephone number is
<PHONE_NUMBER>.

381.310(a)..................  Federal Motor         Administrator,
                               Carrier Safety        Federal Motor
                               Administrator, U.S.   Carrier Safety
                               Department of         Administration,
                               Transportation,       1200 New Jersey
                               Federal Motor         Ave., SE.,
                               Carrier Safety        Washington, DC
                               Administration, 400   20590-0001.
                               Seventh Street,
                               SW., Washington, DC
                               20590.
381.315(d)(1)...............  Department of         Department of
                               Transportation,       Transportation,
                               U.S. DOT Dockets,     Docket Management
                               Room PL-410, 400      Facility, 1200 New
                               Seventh Street,       Jersey Ave., SE.,
                               SW., Washington, DC.  Washington, DC
                                                     20590-0001.
381.315(d)(2)...............  U.S. DOT Dockets,     Department of
                               Room PL-401, by       Transportation,
                               using the universal   Docket Management
                               resources locator     Facility by using
                               (URL): http://        the Federal Docket

                               dms.dot.gov.          Management System
                                                     using the uniform
                                                     resources locator
                                                     (URL): http://www.regulations.gov
  Office of Bus and     Federal Motor

                               Truck Standards and   Carrier Safety
                               Operations, Federal   Administration,
                               Motor Carrier         Office of Bus and
                               Safety                Truck Standards and
                               Administration, 400   Operations (MC-PS),
                               Seventh Street,       1200 New Jersey
                               SW., Washington, DC   Ave., SE.,
                               20590. The            Washington, DC
                               telephone number is   20590-0001.
<PHONE_NUMBER>.
381.410(a)..................  Federal Motor         Administrator,
                               Carrier Safety        Federal Motor
                               Administrator, U.S.   Carrier Safety
                               Department of         Administration,
                               Transportation, 400   1200 New Jersey
                               Seventh Street,       Ave., SE.,
                               SW., Washington, DC   Washington, DC
                               20590.                20590-0001.
381.415.....................  Office of Bus and     Federal Motor
                               Truck Standards and   Carrier Safety
                               Operations, Federal   Administration,
                               Motor Carrier         Office of Bus and
                               Safety                Truck Standards and
                               Administration, 400   Operations (MC-PS),
                               Seventh Street,       1200 New Jersey
                               SW., Washington, DC   Ave., SE.,
                               20590. The            Washington, DC
                               telephone number is   20590-0001.
<PHONE_NUMBER>.
------------------------------------------------------------------------

PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

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

    Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; and 49
CFR 1.73.

Sec.  382.119  [Amended]

0
8. In the table below, for each section indicated in the left column,
remove the words indicated in the middle column, and add the words
indicated in the right column.

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
382.119(b)..................  Federal Motor         Administrator,
                               Carrier Safety        Federal Motor
                               Administrator (or     Carrier Safety
                               the Administrator's   Administration,
                               designee), U.S.       1200 New Jersey
                               Department of         Ave., SE.,
                               Transportation, 400   Washington, DC
                               Seventh Street,       20590-0001.
                               SW., Washington, DC
                               20590.
382.119(e)..................  Office of             Federal Motor
                               Enforcement and       Carrier Safety
                               Compliance, Federal   Administration,
                               Motor Carrier         Office of
                               Safety                Enforcement and
                               Administration, 400   Compliance (MC-EC),
                               Seventh Street,       1200 New Jersey
                               SW., Washington, DC   Ave., SE.,
                               20590. The            Washington, DC
                               telephone number is   20590-0001.
<PHONE_NUMBER>.
------------------------------------------------------------------------

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

0
9. The authority citation for part 383 continues to read as follows:

    Authority: 49 U.S.C. 521, 31136, 31301 et seq., 31502; sec. 214
of Pub. L. 106-159, 113 Stat. 1766, 1767; sec. 1012(b) of Pub. L.
107-56, 115 Stat. 397; sec. 4140 of Pub. L. 109-59, 119 Stat. 1144;
and 49 CFR 1.73.

Sec.  383.52  [Amended]

0
10. In Sec.  383.52(c), remove the words ``Assistant Administrator,
Adjudications Counsel, Federal Motor Carrier Safety Administration
(Room 8217), 400 Seventh Street, SW., Washington, DC 20590'' and add,
in their place, the words ``Assistant Administrator, Adjudications
Counsel (MC-CC), Federal Motor Carrier Safety Administration, 1200 New
Jersey Ave., SE., Washington, DC 20590-0001''.

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

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

    Authority: 49 U.S.C. 31136, 31301 et seq., 31502; sec. 103 of
Pub. L. 106-159, 113 Stat. 1753, 1767; sec. 4140 of Pub. L. 109-59,
119 Stat. 1144; and 49 CFR 1.73.

Sec.  384.107  [Amended]

0
12. In Sec.  384.107(c)(1)(i), remove the words ``Department of
Transportation Library, 400 Seventh Street, SW., Washington, DC 20590
in Room 2200'' and add, in their place, the words ``Department of
Transportation Library, 1200 New Jersey Ave., SE., Washington, DC
20590-0001''.

PART 385--SAFETY FITNESS PROCEDURES

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

    Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5113,
13901-13905, 31136, 31144, 31148, and 31502; sec. 350 of Pub. L.
107-87; and 49 CFR 1.73.

Sec.  385.4  [Amended]

0
14. In Sec.  385.4(b)(2), remove the words ``Federal Motor Carrier
Safety Administration, Office of Enforcement and Compliance, 400
Seventh Street, SW., Washington, DC 20590'' and add in their place the
words ``Federal Motor Carrier Safety Administration, Office of
Enforcement and Compliance (MC-EC), 1200 New Jersey Ave., SE.,
Washington, DC 20590-0001''.

0
15. Amend Sec.  385.13 to revise paragraph (d) to read as follows:

Sec.  385.13  Unsatisfactory rated motor carriers; prohibition on
transportation; ineligibility for Federal contracts.

* * * * *
    (d) Penalties. (1) If a proposed ``unsatisfactory'' safety rating
becomes final, FMCSA will issue an order placing out of service the
motor carrier's

operations in commerce. The out-of-service order shall apply both to
the motor carrier's operations in interstate commerce and to its
operations affecting interstate commerce.
    (2) If a motor carrier's intrastate operations are declared out of
service by a State, FMCSA must issue an order placing out of service
the carrier's operations in interstate commerce. The following
conditions apply:
    (i) The State that issued the intrastate out-of-service order
participates in the Motor Carrier Safety Assistance Program and uses
the FMCSA safety rating methodology provided in this part; and
    (ii) The motor carrier has its principal place of business in the
State that issued the out-of-service order.
    (iii) The order prohibiting the motor carrier from operating a CMV
in interstate commerce shall remain in effect until the State
determines that the carrier is fit.
    (3) Any motor carrier that operates CMVs in violation of this
section is subject to the penalty provisions of 49 U.S.C. 521(b) and
Appendix B to part 386 of the FMCSRs.

Sec. Sec.  385.15, 385.19, 385.113, 385.203, 385.303, 385.405, 385.415,
385.423  [Amended]

0
16. In the table below, for each section indicated in the left column,
remove the words indicated in the middle column, and add the words
indicated in the right column.

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
385.15(c) introductory text.  Chief Safety          Chief Safety
                               Officer, Federal      Officer, Federal
                               Motor Carrier         Motor Carrier
                               Safety                Safety
                               Administration, 400   Administration,
                               Seventh Street,       1200 New Jersey
                               SW., Washington DC    Ave., SE.,
                               20590.                Washington, DC
                                                     20590-0001.
385.19(c)...................  Office of Data        Federal Motor
                               Analysis and          Carrier Safety
                               Information Systems   Administration,
                               (MC RIS), Federal     Office of
                               Motor Carrier         Information
                               Safety                Technology (MC-RI),
                               Administration, 400   1200 New Jersey
                               Seventh Street,       Ave., SE.,
                               SW., Washington, DC   Washington, DC
                               20590.                20590-0001.
385.113(b)..................  Associate             Associate
                               Administrator for     Administrator for
                               Enforcement,          Enforcement and
                               Federal Motor         Program Delivery
                               Carrier Safety        (MC-E), Federal
                               Administration, 400   Motor Carrier
                               Seventh Street,       Safety
                               SW., Washington DC    Administration,
                               20590.                1200 New Jersey
                                                     Ave., SE.,
                                                     Washington, DC
                                                     20590-0001.
385.203(c)..................  Office of             Federal Motor
                               Professional          Carrier Safety
                               Development and       Administration,
                               Training, FMCSA,      Professional
                               400 7th Street,       Development and
                               SW., Washington, DC   Training Division
                               20590.                (MC-MHT), 4600 N.
                                                     Fairfax Drive,
                                                     Suite 700,
                                                     Arlington, Virginia
                                                     22203.
385.303.....................  FMCSA, 400 7th        Federal Motor
                               Street SW.,           Carrier Safety
                               Washington, DC        Administration,
                               20590.                1200 New Jersey
                                                     Ave., SE.,
                                                     Washington, DC
                                                     20590-0001.
385.405(b)..................  Federal Motor         Federal Motor
                               Carrier Safety        Carrier Safety
                               Administration, MC-   Administration,
                               PSDRIS, Room 8214,    Office of
                               400 7th Street, SW,   Information
                               Washington, DC        Technology (MC-RI),
                               20590.                1200 New Jersey
                                                     Ave., SE.,
                                                     Washington, DC
                                                     20590-0001.
385.415(b)(2)...............  Federal Motor         Federal Motor
                               Carrier Safety        Carrier Safety
                               Administration,       Administration,
                               Office of             Office of
                               Enforcement and       Enforcement and
                               Compliance, 400       Compliance (MC-EC),
                               Seventh Street,       1200 New Jersey
                               SW., Washington, DC   Ave., SE.,
                               20590.                Washington, DC
                                                     20590-0001.
385.423(c) introductory text  Sec.  Sec.   386.31   Sec.  Sec.   386.5,
                               and 386.33.           386.6, and 386.8.
385.423(c)(1)(i)............  FMCSA Chief Safety    Chief Safety
                               Officer, Federal      Officer, Federal
                               Motor Carrier         Motor Carrier
                               Safety                Safety
                               Administration, c/o   Administration,
                               Adjudications         1200 New Jersey
                               Counsel (MC-PSDCC),   Ave., SE.,
                               400 Seventh Street,   Washington, DC
                               SW., Washington, DC   20590-0001
                               20590.                Attention:
                                                     Adjudications
                                                     Counsel (MC-CC).
385.423(c)(1)(ii)...........  FMCSA Chief Counsel,  Chief Counsel (MC-
                               Federal Motor         CC), Federal Motor
                               Carrier Safety        Carrier Safety
                               Administration,       Administration,
                               Office of the Chief   1200 New Jersey
                               Counsel, Room 8125,   Ave., SE.,
                               400 Seventh Street,   Washington, DC
                               SW., Washington, DC   20590-0001.
                               20590.
------------------------------------------------------------------------

Appendix B to Part 385--[Amended]

0
17. Amend Appendix B to Part 385--Explanation of Safety Rating Process,
section VII, List of Acute and Critical Regulations, by:
0
a. Adding in numerical order a new entry for Sec.  382.115(b), to read
``Sec.  382.115(b) Failing to implement an alcohol and/or controlled
substances testing program (foreign motor carrier) (acute).'';
0
b. Amending the entry for Sec.  382.303(a) by removing the words ``and/
or controlled substances''; and
0
c. Adding in numerical order a new entry for Sec.  382.303(b), to read
``Sec.  382.303(b) Failing to conduct post accident testing on driver
for controlled substances (critical).''

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

0
18. The authority citation for part 386 continues to read as follows:

    Authority: 49 U.S.C. 521, 5123, 13301, 13902, 14915, 31132-
31133, 31136, 31144, 31502, 31504; sec. 204, Pub. L. 104-88, 109
Stat. 803, 941 (49 U.S.C. 701 note); sec. 217, Pub. L. 105-159, 113
Stat. 1748, 1767; and 49 CFR 1.73.

Sec.  386.2  [Amended]

0
19. In Sec.  386.2, in the definition of ``Assistant Administrator,''
remove ``49 U.S.C. 113(d)'' and add in its place ``49 U.S.C. 113(e)''.

Sec.  386.7  [Amended]

0
20. Amend Sec.  386.7(a) by:
0
a. Removing the paragraph designation ``(a)''.
0
b. Removing the words ``U.S. DOT Dockets, 400 7th Street, SW., Room PL-
401, Washington, DC 20590'' and adding in their place the words
``Department of Transportation Docket Management Facility, 1200 New
Jersey Ave., SE., Washington, DC 20590-0001''.

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

0
21. The authority citation for part 387 continues to read as follows:

    Authority: 49 U.S.C. 13101, 13301, 13906, 14701, 31138, and
31139; and 49 CFR 1.73.

0
22. Revise Sec.  387.303(b)(1) to read as follows:

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

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

------------------------------------------------------------------------
                  Passenger Carriers: Kind of Equipment
-------------------------------------------------------------------------
                                                               Minimum
                  Vehicle seating capacity                      limit
------------------------------------------------------------------------
(i) Any vehicle with a seating capacity of 16 passengers or   $5,000,000
 more......................................................
(ii) Any vehicle designed or used to transport more than 8     1,500,000
 passengers (including the driver) for compensation........
------------------------------------------------------------------------

* * * * *

PART 388--COOPERATIVE AGREEMENTS WITH STATES

0
23. The authority citation for part 388 continues to read as follows:

    Authority: 49 U.S.C. 113 and 502; 49 CFR 1.73.

Sec.  388.1  [Amended]

0
24. In Sec.  388.1, remove the words ``Washington, DC 20590'' and add,
in their place, the words ``Administrator, Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave., SE., Washington, DC 20590-0001''.

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

0
25. The authority citation for part 389 continues to read as follows:

    Authority: 49 U.S.C. 113, 501 et seq., 31101 et seq., 31138,
31139, 31301 et seq., and 31502; 42 U.S.C. 4917; and 49 CFR 1.73.

0
26. Revise Sec.  389.5 to read as follows:

Sec.  389.5  Regulatory docket.

    (a) Information and data deemed relevant by the Administrator
relating to rulemaking actions, including notices of proposed
rulemaking; comments received in response to notices; petitions for
rulemaking and reconsideration; denials of petitions for rulemaking and
reconsideration; records of additional rule making proceedings under
Sec.  389.25; and final rules are maintained at headquarters, Federal
Motor Carrier Safety Administration, 1200 New Jersey Ave., SE.,
Washington, DC 20590-0001.
    (b) Except for material ordered withheld from the public under
section 552(b) of title 5 of the United States Code, any person may
examine docketed material in the Department of Transportation Docket
Management Facility in the following ways:
    (1) At headquarters at any time during regular business hours.
Copies may be obtained upon payment of a fee.
    (2) On the Web site regulations.gov, at any time, by using the
uniform resources locator (URL) http://www.regulations.gov. Copies may

be downloaded or printed.

Sec. Sec.  389.31, 389.35  [Amended]

0
27. In the table below, for each section indicated in the left column,
remove the words indicated in the middle column, and add the words
indicated in the right column.

----------------------------------------------------------------------------------------------------------------
          Section                              Remove                                      Add
----------------------------------------------------------------------------------------------------------------
389.31(b)(1)...............  Administrator, Federal Motor Carrier       Administrator, Federal Motor Carrier
                              Safety Administration, 400 Seventh         Safety Administration, 1200 New Jersey
                              Street, SW., Washington, DC 20590.         Ave., SE., Washington, DC 20590-0001.
389.35(a)..................  Administrator, Federal Motor Carrier       Administrator, Federal Motor Carrier
                              Safety Administration, 400 Seventh         Safety Administration, 1200 New Jersey
                              Street, SW., Washington, DC 20590.         Ave., SE., Washington, DC 20590-0001.
----------------------------------------------------------------------------------------------------------------

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

0
28. The authority citation for part 390 continues to read as follows:

    Authority: 49 U.S.C. 508, 13301, 13902, 31133, 31136, 31502,
31504; sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C. 701
note); sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677; sec. 217,
229, Pub. L. 106-159, 113 Stat. 1748, 1767; and 49 CFR 1.73.

Sec.  390.19  [Amended]

0
29. In Sec.  390.19(c)(1), remove the words ``Federal Motor Carrier
Safety Administration, Data Analysis and Information Systems, MC-
PSDRIS, 400 Seventh Street, SW., Washington, DC 20590'' and add in
their place the words ``Federal Motor Carrier Safety Administration,
Office of Information Technology (MC-RI), 1200 New Jersey Ave., SE.,
Washington, DC 20590-0001''.

Sec.  390.27  [Amended]

0
30. Amend the table in Sec.  390.27 by:
0
a. Removing the words from the ``location of office'' column indicated
below in the middle column, and adding the words indicated in the right
column.

----------------------------------------------------------------------------------------------------------------
          Section                              Remove                                      Add
----------------------------------------------------------------------------------------------------------------
390.27.....................  City Crescent Building, 10 South  802 Cromwell Park Drive, Suite N, Glen
                              Howard Street, Suite 4000, Baltimore, MD   Burnie, MD 21061.
                              21201-2819.
390.27.....................  61 Forsyth Street, SW., Suite 17T75,       1800 Century Boulevard, Suite 1700,
                              Atlanta, GA 30303-3104.                    Atlanta, GA 30345-3220.
390.27.....................  201 Mission Street, Suite 2100, San        Golden Hills Office Centre, 12600 West
                              Francisco, CA 94105-1838.                  Colfax Avenue, Suite B-300, Lakewood,
                                                                         CO 80215.
----------------------------------------------------------------------------------------------------------------

0
b. Removing ``NM'' from the ``territory included'' column for the
Southern service center and adding ``NM'' to the ``territory included''
column for the Western service center in alphabetical order.

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

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

    Authority: 49 U.S.C. 322, 504, 508, 31133, 31136 and 31502; sec.
4007(b) of Pub. L. 102-240 (105 Stat. 2152); sec. 114, Pub. L. 103-
311 (108 Stat. 1673, 1677); and 49 CFR 1.73.

Sec.  391.23  [Amended]

0
32. In Sec.  391.23(c)(4), remove the words ``For a drivers'' and add
in their place the words ``For drivers''.

PART 392--DRIVING OF COMMERCIAL VEHICLES

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

    Authority: 49 U.S.C. 322, 31136, and 31502; section 1041(b) of
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.73.

Sec.  392.9  [Amended]

0
34. In Sec.  392.9(a)(1) remove the words ``Sec. Sec.  393.100 through
393.142 of this subchapter'' and add in their place the words
``Sec. Sec.  393.100 through 393.136 of this subchapter.''

PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

0
35. The authority citation for part 393 continues to read as follows:

    Authority: 49 U.S.C. 322, 31136, and 31502; section 1041(b) of
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); and 49 CFR 1.73.

Sec.  393.7  [Amended]

0
36. In Sec.  393.7(c)(10)(i), remove the words ``The Federal Motor
Carrier Safety Administration, Office of Bus and Truck Standards and
Operations, 400 Seventh Street, SW., Washington, DC 20590'' and add in
their place the words ``Federal Motor Carrier Safety Administration,
Office of Bus and Truck Standards and Operations (MC-PS), 1200 New
Jersey Ave., SE., Washington, DC 20590-0001''.

Sec.  393.93  [Amended]

0
37. In the footnote to Sec.  393.93(a) remove the words ``Nassif
Building, 400 Seventh Street, SW., Washington, DC 20590'' and add in
their place the words ``1200 New Jersey Ave., SE., Washington, DC
20590-0001''.

PART 395--HOURS OF SERVICE OF DRIVERS

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

    Authority: 49 U.S.C. 504, 14122, 31133, 31136, 31502; sec. 229,
Pub. L. 106-159, 113 Stat. 1748; sec. 113, Pub. L. 103-311, 108
Stat. 1673, 1676; and 49 CFR 1.73.

0
39. In Sec.  395.1, paragraph (g)(3) is revised to read as follows:

Sec.  395.1  Scope of the rules in this part.

* * * * *
    (g) * * *
    (3) Passenger-carrying commercial motor vehicles. A driver who is
driving a passenger-carrying commercial motor vehicle that is equipped
with a sleeper berth, as defined in Sec. Sec.  395.2 and 393.76 of this
subchapter, may accumulate the equivalent of 8 consecutive hours of
off-duty time by taking a combination of at least 8 consecutive hours
off-duty and sleeper berth time; or by taking two periods of rest in
the sleeper berth, providing:
    (i) Neither rest period is shorter than two hours;
    (ii) The driving time in the period immediately before and after
each rest period, when added together, does not exceed 10 hours;
    (iii) The on-duty time in the period immediately before and after
each rest period, when added together, does not include any driving
time after the 15th hour; and
    (iv) The driver may not return to driving subject to the normal
limits under Sec.  395.5 without taking at least 8 consecutive hours
off duty, at least 8 consecutive hours in the sleeper berth, or a
combination of at least 8 consecutive hours off duty and sleeper berth
time.
* * * * *

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

0
40. The authority citation for part 397 continues to read as follows:

    Authority: 49 U.S.C. 322; 49 CFR 1.73. Subpart A also issued
under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.53. Subparts C, D,
and E also issued under 49 U.S.C. 5112, 5125.

Sec. Sec.  397.71, 397.73, 397.75, 397.101, 397.103, 397.205,
397.213  [Amended]

0
41. In the table below, for each section indicated in the left column,
remove the words indicated in the middle column, and add the words
indicated in the right column.

------------------------------------------------------------------------
           Section                   Remove                  Add
------------------------------------------------------------------------
397.71(b)(1)(ii) footnote...  Office of             Federal Motor
                               Enforcement and       Carrier Safety
                               Compliance (MC-       Administration,
                               PSDECH), Federal      Office of
                               Motor Carrier         Enforcement and
                               Safety                Compliance (MC-EC),
                               Administration,       1200 New Jersey
                               U.S. Department of    Ave., SE.,
                               Transportation, 400   Washington, DC
                               7th Street, SW.,      20590-0001.
                               Washington, DC
                               20590-0001.
397.73(b)...................  FMCSA, Office of      Federal Motor
                               Enforcement and       Carrier Safety
                               Compliance (MC-       Administration,
                               PSDECH), 400 7th      Office of
                               St., SW.,             Enforcement and
                               Washington, DC        Compliance (MC-EC),
                               20590-0001 by March   1200 New Jersey
                               13, 1995.             Ave., SE.,
                                                     Washington, DC
                                                     20590-0001.
397.75(b)(1)................  Administrator,        Administrator,
                               Federal Motor         Federal Motor
                               Carrier Safety        Carrier Safety
                               Administration,       Administration,
                               U.S. Department of    1200 New Jersey
                               Transportation, 400   Ave., SE.,
                               7th Street, SW.,      Washington, DC
                               Washington, DC        20590-0001.
                               20590-0001.           Attention: Office
                               Attention: Office     of the Chief
                               of the Chief          Counsel (MC-CC).
                               Counsel (MC-PSDCC).
397.101(g) introductory text  Office of             Federal Motor
                               Enforcement and       Carrier Safety
                               Compliance (MC-       Administration,
                               PSDECH), Federal      Office of
                               Motor Carrier         Enforcement and
                               Safety                Compliance (MC-EC),
                               Administration, 400   1200 New Jersey
                               Seventh Street,       Ave., SE.,
                               SW., Washington, DC   Washington, DC
                               20590-0001.           20590-0001.
397.103(c)(1)...............  Office of             Federal Motor
                               Enforcement and       Carrier Safety
                               Compliance (MC-       Administration,
                               PSDECH), Attn:        Office of
                               National Hazardous    Enforcement and
                               Materials Route       Compliance (MC-EC),
                               Registry, 400         1200 New Jersey
                               Seventh Street,       Ave., SE.,
                               SW., Washington, DC   Washington, DC
                               20590.                20590-0001.
                                                     Attention: National
                                                     Hazardous Materials
                                                     Route Registry.
397.103(d)..................  Office of             Federal Motor
                               Enforcement and       Carrier Safety
                               Compliance (MC-       Administration,
                               PSDECH), 400          Office of
                               Seventh Street,       Enforcement and
                               SW., Washington, DC   Compliance (MC-EC),
                               20590.                1200 New Jersey
                                                     Ave., SE.,
                                                     Washington, DC
                                                     20590-0001.
397.205(b)(1)...............  Administrator,        Administrator,
                               Federal Motor         Federal Motor
                               Carrier Safety        Carrier Safety
                               Administration,       Administration,
                               U.S. Department of    1200 New Jersey
                               Transportation,       Ave., SE.,
                               Washington, DC        Washington, DC
                               20590-0001.           20590-0001.
                               Attention: Office     Attention: Office
                               of the Chief          of the Chief
                               Counsel (MC-PSDCC),   Counsel,
                               Hazardous Materials   Enforcement and
                               Preemption.           Litigation Division
                                                     (MC-CCE).

397.213(b)(1)...............  Administrator,        Administrator,
                               Federal Motor         Federal Motor
                               Carrier Safety        Carrier Safety
                               Administration,       Administration,
                               U.S. Department of    1200 New Jersey
                               Transportation,       Ave., SE.,
                               Washington, DC        Washington, DC
                               20590-0001.           20590-0001.
                               Attention: Office     Attention: Office
                               of the Chief          of the Chief
                               Counsel (MC-CC),      Counsel,
                               Hazardous Materials   Enforcement and
                               Preemption Docket.    Litigation Division
                                                     (MC-CCE).
------------------------------------------------------------------------

    Issued on: September 24, 2007.
John H. Hill,
Administrator.
[FR Doc. E7-19196 Filed 9-28-07; 8:45 am]

BILLING CODE 4910-EX-P


Ron Evans/RTP/USEPA/US

01/23/2008 12:58 PM

To

"King, Heidi R."<EMAIL_ADDRESS> cc

Lydia Wegman/RTP/USEPA/US@EPA, Janet Cakir/RTP/USEPA/US@EPA, <EMAIL_ADDRESS>Amy Lamson/RTP/USEPA/US@EPA, Lillian Bradley

Subject

Re: Ron, a couple O3 follow ups: "Bins" and Bene's

I have a few more questions on the bins and how they might be used, are you free anytime after 1:30 and before 3:30?   As to the benefits discussion, we are ready to go.   We don't have numbers yet but updating people on how we are proceeding etc is ready.  I think this discussion is largely for Margo since she has been out a good bit.  Do I have that right?   Just reach out to Janet to work out a time.   I would like to avoid this Friday since I will be out of the office but other than that we should be OK.

"King, Heidi R."<EMAIL_ADDRESS> 01/23/2008 11:26 AM

To

Ron Evans/RTP/USEPA/US@EPA

cc

Lydia Wegman/RTP/USEPA/US@EPA

Subject

Ron, a couple O3 follow ups: "Bins" and Bene's

Hi Ron,

Trying to keep my head straight, just a quick note to keep it on both of our radar screens that we should touch base asap to make sure

1) I answered your question about the "bins" spreadsheet,

2) EPA assessment of what we can do with the bins

3) We were going to set up a Bene's conversation for interagency reviewers, right?  What are your thoughts on timing?

Thanks - I hope all is well,

heidi