[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Rules and Regulations]
[Pages 22865-22882]
[FR Doc No: 2018-10437]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

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

RIN 2126-AC06

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

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

ACTION: Final rule.

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SUMMARY: FMCSA amends its regulations by making technical corrections
throughout the Federal Motor Carrier Safety Regulations. The Agency
makes minor changes to correct inadvertent errors and omissions, remove
or update obsolete references, ensure conformity with Office of the
Federal Register style guidelines, and improve the clarity and
consistency of certain regulatory provisions.

DATES: This rule is effective June 18, 2018.

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

SUPPLEMENTARY INFORMATION:

I. Legal Basis for the Rulemaking

    Congress delegated certain powers to regulate interstate commerce
to the United States Department of Transportation (DOT or Department)
in numerous pieces of legislation, most notably in section 6 of the
Department of Transportation Act (DOT Act) (Pub. L. 89-670, 80 Stat.
931, Oct. 15, 1966). Section 6 of the DOT Act transferred to the
Department the authority of the former Interstate Commerce Commission
(ICC) to regulate the qualifications and maximum hours-of-service of
employees, the safety of operations, and the equipment of motor
carriers in interstate commerce. This authority, first granted to the
ICC in the Motor Carrier Act of 1935 (Pub. L. 74-255, 49 Stat. 543,
Aug. 9, 1935), now appears in 49 U.S.C. chapter 315. The regulations
issued under this (and subsequently enacted) authority became known as
the Federal Motor Carrier Safety Regulations (FMCSRs), codified at 49
CFR parts 350-399. The administrative powers to enforce chapter 315
(codified in 49 U.S.C. chapter 5) were also transferred from the ICC to
the DOT in 1966 and assigned, first to the Federal Highway
Administration (FHWA), and then to FMCSA. The FMCSA Administrator has
been delegated authority under 49 CFR 1.87 to carry out the motor
carrier functions vested in the Secretary of Transportation.
    Between 1984 and 1999, a number of statutes added to FHWA's
authority. Various statutes authorize the enforcement of the FMCSRs,
the Hazardous Materials Regulations (HMRs), and the Commercial
Regulations, and provide both civil and criminal penalties for
violations of these requirements. These statutes include the Motor
Carrier Safety Act of 1984 (MCSA) (Pub. L. 98-554, 98 Stat. 2832, Oct.
30, 1984), codified at 49 U.S.C. chapter 311, subchapter III; the
Commercial Motor Vehicle Safety Act of 1986 (Pub. L. 99-570, 100 Stat.
3207-170, Oct. 27, 1986), codified at 49 U.S.C. chapter 313; the
Hazardous Materials Transportation Uniform Safety Act of 1990, as
amended (Pub. L. 101-615, 104 Stat. 3244, Nov. 16, 1990), codified at
49 U.S.C. chapter 51; and the ICC Termination Act of 1995 (ICCTA) (Pub.
L. 104-88, 109 Stat. 803, Dec. 29, 1995), codified at 49 U.S.C.
chapters 131-149.
    The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L.
106-159, 113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new
operating administration within DOT, effective January 1, 2000. The
motor carrier safety responsibilities previously assigned to both the
ICC and FHWA are now assigned to FMCSA.
    Congress expanded, modified, and amended FMCSA's authority in the
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001
(Pub. L. 107-56, 115 Stat. 272, Oct. 26, 2001); the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU) (Pub. L. 109-59, 119 Stat. 1144, Aug. 10, 2005); the
SAFETEA-LU Technical Corrections Act of 2008 (Pub. L. 110-244, 122
Stat. 1572, June 6, 2008); the Moving Ahead for Progress in the 21st
Century Act (MAP-21) (Pub. L. 112-141, 126 Stat. 405, July 6, 2012);
and the Fixing America's Surface Transportation Act (FAST Act) (Pub. L.
114-94, 129 Stat. 1312, Dec. 4, 2015).
    The specific regulations amended by this rule are based on the
statutes detailed above. Generally, the legal authority for each of
those provisions was explained when the requirement was originally
adopted and is noted at the beginning of each part in title 49 of the
CFR.
    The Administrative Procedure Act (APA) (5 U.S.C. 551-706)
specifically provides exceptions to its notice and comment rulemaking
procedures when the Agency finds there is good cause to dispense with
them, and incorporates the finding and a brief statement of reasons
therefore in the rules issued. Generally, good cause exists when the
Agency determines that notice and public procedures are impractical,
unnecessary, or contrary to the public interest (5 U.S.C.
553(b)(3)(B)). The amendments made in this final rule merely correct
inadvertent errors and omissions, remove or update obsolete references,
ensure conformity with Office of the Federal Register style guidelines,
and make minor changes to improve clarity and consistency. The
technical amendments do not impose any material new requirements or
increase compliance obligations. For these reasons, FMCSA finds good
cause that notice and public comment on this final rule are
unnecessary.
    The APA also allows agencies to make rules effective immediately
with good cause (5 U.S.C. 553(d)(3)), instead of requiring publication
30 days prior to the effective date. For the reasons already stated,
FMCSA finds there is good cause for this rule to be effective
immediately.
    FMCSA is aware of the regulatory requirements concerning public
participation in FMCSA rulemaking (49 U.S.C. 31136(g)). These
requirements pertain to certain major rules,\1\ but, because this final
rule is not a major rule, they are not applicable. In any event, the
Agency finds that publication of an advance notice of proposed
rulemaking under 49 U.S.C.

31136(g)(1)(A), or a negotiated rulemaking under 49 U.S.C.
31136(g)(1)(B), is unnecessary and contrary to the public interest in
accordance with the waiver provision in 49 U.S.C. 31136(g)(3).
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    \1\ A ``major rule'' means any rule that the Administrator of
the Office of Information and Regulatory Affairs of the Office of
Management and Budget finds has resulted in or is likely to result
in (a) an annual effect on the economy of $100 million or more; (b)
a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or
geographic regions; or (c) significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based enterprises to compete with
foreign-based enterprises in domestic and export markets 5 U.S.C.
804(2)). Exception: The term ``major rule'' does not include any
rule promulgated under the Telecommunications Act of 1996 and the
amendments made by that Act.
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II. Background

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

III. Section-by-Section Analysis

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

A. Part 350

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

B. Part 360

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

C. Part 365

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

D. Part 373

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

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

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

F. Part 382

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

G. Part 383

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

H. Part 384

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

I. Part 385

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

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

J. Part 387

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

K. Part 390

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

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

L. Part 393

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

M. Part 395

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

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

    Furthermore, FMCSA makes minor changes to sections 4.4, ELD
Processing and Calculations, and 4.8, ELD Outputs, of Appendix A to
Subpart B of Part 395. These amendments to sections 4.4 and 4.8 do not
substantively change the ELD regulations. Rather, they make the
technical specifications internally consistent and consistent with the
regulatory requirements. These changes are necessary to conform the
technical specifications with guidance documents for ELD software
developers and frequently-asked-question (FAQ) documents that FMCSA has
already published.
    FMCSA has worked during the last year with about 80 ELD software
vendors with currently-certified ELD products to help them ensure their
products use the programming amendments being made today. Motor
carriers, ELD owners, and drivers should not be impacted by these
amendments. They are very technical in nature and involve what vendors
do behind the scenes relating to ELD computer programming requirements
for software's input and output data. If an ELD software vendor needs
to make any further updates because of these amendments to a motor
carrier's or driver's ELD unit, the ELD software vendor will most
likely send the amendments to the ELD unit in a regular software
update. Many software vendors will perform the update wirelessly or
through the internet, similar to how the public receives software
updates from vendors for smartphones, laptops, and handheld global
positioning system electronic devices.
    Specifically, FMCSA amends paragraph (b)(9) of section <IP_ADDRESS>.1.,
Event Checksum Calculation, by changing ``'' to read ``''. ``CMV Number'' is not a data element in the rule;
the correct term is ``CMV Power Unit Number,'' which is defined in
section 7.4. FMCSA corrects the data element ``ELD ID: '' in paragraph (b) of section <IP_ADDRESS>., Information To
Be Shown on the Printout and Display at Roadside, to read ``ELD ID:
''. This data element is an ELD provider assigned value
and not the FMCSA-

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

N. Part 396

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

O. Part 397

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

P. Part 398

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

IV. Regulatory Analyses

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

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

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

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

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

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

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

C. Regulatory Flexibility Act

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

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

D. Assistance for Small Entities

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

E. Unfunded Mandates Reform Act of 1995

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

F. Paperwork Reduction Act (Collection of Information)

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et
seq.), Federal agencies must obtain approval from OMB for each
collection of information they conduct, sponsor, or require through
regulations. FMCSA determined that no new information collection
requirements are associated with this final rule, nor are there any
revisions to existing, approved collections of information. Therefore,
the PRA does not apply to this final rule.

G. E.O. 13132 (Federalism)

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

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

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

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

    E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies
issuing ``economically significant'' rules, if the regulation also
concerns an environmental health or safety risk that an agency has
reason to believe may disproportionately affect children, to include an
evaluation of the regulation's environmental health and safety effects
on children. The Agency determined this final rule is not economically
significant. Therefore, no analysis of the impacts on children is
required. In any event, this regulatory action could not
disproportionately affect children.

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

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

K. Privacy Impact Assessment

    Section 522(a)(5) of the Transportation, Treasury, Independent
Agencies, and General Government Appropriations Act, 2005 (Pub. L. 108-
447, Division H, Title I, 118 Stat. 2809, 3268, Dec. 8, 2004) requires
DOT and certain other Federal agencies to conduct a privacy impact
assessment of each rule that will affect the privacy of individuals.
Because this final rule will not affect the privacy of individuals,
FMCSA did not conduct a separate privacy impact assessment.

L. E.O. 12372 (Intergovernmental Review)

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

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

    FMCSA has analyzed this final rule under E.O. 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' likely to have a significant adverse
effect on the supply, distribution, or use of energy. Therefore, it
does not require a Statement of Energy Effects under E.O. 13211.

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

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

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

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

P. Environment (NEPA, CAA, Environmental Justice)

    FMCSA analyzed this rule for the purpose of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and
determined this action is categorically excluded from further analysis
and documentation in an environmental assessment or environmental
impact statement under FMCSA Order 5610.1(69 FR 9680, Mar. 1, 2004),
Appendix 2, paragraph 6(b). This Categorical Exclusion (CE) addresses
minor corrections such as those found in this rulemaking; therefore,
preparation of an environmental assessment or environmental impact
statement is not necessary. The CE determination is available for
inspection or copying in the Federal eRulemaking Portal: http://www.regulations.gov.
    FMCSA also analyzed this rule under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it does not affect direct or indirect emissions of
criteria pollutants.
    Under E.O. 12898, each Federal agency must identify and address, as
appropriate, ``disproportionately high and adverse human health or
environmental effects of its programs, policies, and activities on
minority populations and low-income populations'' in the United States,
its possessions, and territories. FMCSA evaluated the environmental
justice effects of this final rule in accordance with the E.O., and has
determined that no environmental justice issue is associated with this
final rule, nor is there any collective environmental impact that would
result from its promulgation.

List of Subjects

49 CFR Part 350

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

49 CFR Part 360

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

49 CFR Part 365

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

49 CFR Part 373

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

49 CFR Part 380

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

49 CFR Part 382

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.

49 CFR Part 383

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

49 CFR Part 384

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

49 CFR Part 385

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

49 CFR Part 387

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

49 CFR Part 390

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

49 CFR Part 393

    Highway safety, Motor carriers, Motor vehicle safety.

49 CFR Part 395

    Highway safety, Motor carriers, Reporting and recordkeeping
requirements.

49 CFR Part 396

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

49 CFR Part 397

    Administrative practice and procedure, Hazardous materials
transportation, Highway safety, Intergovernmental relations, Motor
carriers, Parking, Radioactive materials, Reporting and recordkeeping
requirements, Rubber and rubber products.

49 CFR Part 398

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

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

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

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

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

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

Sec.  350.105  What definitions are used in this part?

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

Sec.  350.335  [Amended]

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

PART 360--FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE

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

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

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

Sec.  360.1T  Fees for registration-related services.

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

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

Sec.  360.3T  Filing fees.

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

PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY

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

    Authority:  5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-
13906, 13908, 14708, 31133, 31138, and 31144; 49 CFR 1.87.

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

Sec.  365.403T  Definitions.

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

PART 373--RECEIPTS AND BILLS

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

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

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

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

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

PART 380--SPECIAL TRAINING REQUIREMENTS

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

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

Sec.  380.107  [Amended]

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

Sec.  380.109  [Amended]

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

Sec.  380.201  [Amended]

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

Sec.  380.203  [Amended]

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

Sec.  380.205  [Amended]

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

Sec.  380.303  [Amended]

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

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

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

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

Sec.  380.605  Definitions.

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

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

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

Sec.  380.713  Instructor requirements.

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

Appendix A to Part 380 [Amended]

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

Appendix B to Part 380 [Amended]

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

PART 382--CONTROLLED SUBSTANCES ALCOHOL USE AND TESTING

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

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

Sec.  382.403  [Amended]

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

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

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

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

Sec.  383.5  [Amended]

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

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

Sec.  383.23  Commercial driver's license.

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

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

Sec.  383.73  [Amended]

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

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

0
29. The authority citation for part 384 is revised to read as follows:

    Authority:  49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103
and 215 of Pub. L. 106-159, 113 Stat. 1748, 1753, 1767; sec. 32934
of Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524 of Pub. L. 114-94,
129 Stat. 1312, 1560; and 49 CFR 1.87.

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

Sec.  384.301  Substantial compliance--general requirements.

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

PART 385--SAFETY FITNESS PROCEDURES

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

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

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

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

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

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

Appendix B to Part 385 [Amended]

* * * * *

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

* * * * *

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

* * * * *

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

* * * * *

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

* * * * *

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

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

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

Sec.  387.3  [Amended]

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

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

Sec.  387.7  Financial responsibility required.

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

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

Sec.  387.33  Financial responsibility, minimum levels.

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

SCHEDULE OF LIMITS

Public Liability

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

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

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

* * * * *

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

Sec.  387.33T  Financial responsibility, minimum levels.

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

SCHEDULE OF LIMITS

Public Liability

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

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

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

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

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

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

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

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

Sec.  387.303  [Amended]

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

Sec.  387.303T  [Amended]

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

Sec.  387.313  [Amended]

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

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

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

    Authority:  49 U.S.C. 504, 508, 31132, 31133, 31134, 31136,
31137, 31144, 31149, 31151, 31502; sec. 114, Pub. L. 103-311, 108
Stat. 1673, 1677; secs. 212, 217, Pub. L. 106-159, 113 Stat. 1748,
1766, 1767; sec. 229, Pub. L. 106-159 (as added and transferred by
sec. 4115 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat.
1144, 1726, 1743); sec. 4136, Pub. L. 109-59, 119 Stat. 1144, 1745;
secs. 32101(d), 32934, Pub. L. 112-141, 126 Stat. 405, 778, 830;
sec. 2, Pub. L. 113-125, 128 Stat. 1388; secs. 5518, 5524, Pub. L.
114-94, 129 Stat. 1312, 1558, 1560; and 49 CFR 1.87.

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

Sec.  390.3  General applicability.

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

Sec.  390.3T  [Amended]

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

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

Sec.  390.5  Definitions.

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

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

Sec.  390.5T  Definitions.

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

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

Sec.  390.15  Assistance in investigations and special studies.

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

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

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

* * * * *

0
51. Revise Sec.  390.27 to read as follows:

Sec.  390.27  Locations of motor carrier safety service centers.

------------------------------------------------------------------------
      Service center           Territory included     Location of office
------------------------------------------------------------------------
Eastern...................  Connecticut, Delaware,    31 Hopkins Plaza,
                             District of Columbia,     Suite 800,
                             Maine, Maryland,          Baltimore,
                             Massachusetts, New        Maryland 21201.
                             Hampshire, New Jersey,
                             New York, Pennsylvania,
                             Puerto Rico, Rhode
                             Island, United States
                             Virgin Islands,
                             Vermont, Virginia, West
                             Virginia.
Midwestern................  Illinois, Indiana, Iowa,  4749 Lincoln Mall
                             Kansas, Michigan,         Drive, Suite
                             Minnesota, Missouri,      300A, Matteson,
                             Nebraska, Ohio,           Illinois 60443.
                             Wisconsin.
Southern..................  Alabama, Arkansas,        1800 Century
                             Florida, Georgia,         Boulevard, Suite
                             Kentucky, Louisiana,      1700, Atlanta,
                             Mississippi, North        Georgia 30345-
                             Carolina, Oklahoma,       3220.
                             South Carolina,
                             Tennessee.
Western...................  Alaska, American Samoa,   12600 West Colfax
                             Arizona, California,      Avenue, Suite B-
                             Colorado, Guam, Hawaii,   300, Lakewood,
                             Idaho, Mariana Islands,   Colorado 80215.
                             Montana, Nevada, New
                             Mexico, North Dakota,
                             Oregon, South Dakota,
                             Texas, Utah,
                             Washington, Wyoming.
------------------------------------------------------------------------
Note 1: Canadian carriers--for information regarding proper service
  center, contact an FMCSA division (State) office in Alaska, Maine,
  Michigan, Montana, New York, North Dakota, Vermont, or Washington.
Note 2: Mexican carriers are handled through the four southern border
  divisions and the Western Service Center. For information regarding
  the proper service center, contact an FMCSA division (State) office in
  Arizona, California, New Mexico, or Texas.

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

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

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

PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

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

    Authority:  49 U.S.C. 31136, 31151, and 31502; sec. 1041(b) of
Pub. L. 102-240, 105 Stat. 1914, 1993 (1991); sec. 5301 and 5524 of
Pub. L. 114-94, 129 Stat. 1312, 1543, 1560; and 49 CFR 1.87.

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

Sec.  393.60  Glazing in specified openings.

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

PART 395--HOURS OF SERVICE OF DRIVERS

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

    Authority:  49 U.S.C. 504, 31133, 31136, 31137, and 31502; sec.
113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-
159 (as transferred by sec. 4115 and amended by secs. 4130-4132,
Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); sec. 4133, Pub.
L. 109-59, 119 Stat. 1144, 1744; sec. 108, Pub. L. 110-432, 122
Stat. 4860-4866; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830;
sec. 5206(b) of Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR
1.87.

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

Sec.  395.13  Drivers declared out of service.

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

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

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

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

* * * * *

4. Functional Requirements

* * * * *

4.2 * * *

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

<IP_ADDRESS> * * *

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

<IP_ADDRESS> * * *

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

<IP_ADDRESS> * * *

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

<IP_ADDRESS>. CMV VIN

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

<IP_ADDRESS>.1 Event Checksum Calculation

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

7. * * *

7.14. ELD Authentication Value

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

7.19. * * *

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

7.20 * * *

[GRAPHIC] [TIFF OMITTED] TR17MY18.000

* * * * *

7.31. Latitude

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

7.33. Longitude

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

7.43. * * *

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

PART 396--INSPECTION, REPAIR, AND MAINTENANCE

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

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

Sec.  396.17  [Amended]

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

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

Sec.  396.23  Equivalent to periodic inspection.

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

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

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

    Authority:  49 U.S.C. 322; 49 CFR 1.87. Subpart A also issued
under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.97. Subparts C, D,
and E also issued under 49 U.S.C. 5112, 5125.

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

Sec.  397.73  Public information and reporting requirements.

* * * * *
    (b) Reporting and publishing requirements. (1) Each State or Indian
tribe, through its routing agency, shall provide information
identifying all NRHM routing designations that exist within its
jurisdiction:
    (i) Electronically, by email to [email protected]; or
    (ii) By mail to the Federal Motor Carrier Safety Administration,
Office of Enforcement and Compliance (MC-EC), 1200 New Jersey Ave. SE,
Washington, DC 20590-0001.
    (2) States and Indian tribes shall also submit to FMCSA the current
name of the State or Indian tribal agency responsible for NHRM highway
routing designations. The State or Indian tribe shall include
descriptions of these routing designations, along with the dates they
were established. Information on any subsequent changes or new NRHM
routing designations shall be furnished within 60 days after
establishment to the FMCSA.
    (3)(i) FMCSA will consolidate information on the NRHM routing
designations, make it available on its website, https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry, and publish it annually in whole or as
updates in the Federal Register.
    (ii) Each State or Indian tribe may also publish this information
in its official register of State or tribal regulations.
* * * * *

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

Sec.  397.103  Requirements for State routing designations.

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

PART 398--TRANSPORTATION OF MIGRANT WORKERS

0
64. The authority citation for part 398 continues to read as follows:

    Authority:  49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502,
and 31504; sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C.
701 note); sec. 212, Pub. L. 106-159, 113 Stat. 1748, 1766; and 49
CFR 1.87.

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

Sec.  398.8  Administration inspection of motor vehicles in operation.

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

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

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