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General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Robin Hutcheson Date: 29 September 2022 Subject: American Government  , Safety
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[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Rules and Regulations]
[Pages 59030-59037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20644]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 350, 360, 380, 382, 383, 385, 391, 395, 396, and 397
[Docket No. FMCSA-2022-0149]
RIN 2126-AC47
General Technical, Organizational, Conforming, and Correcting
Amendments to the Federal Motor Carrier Safety Regulations
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: FMCSA amends its regulations by making technical corrections
throughout the Federal Motor Carrier Safety Regulations (FMCSRs). The
Agency makes minor changes to correct inadvertent errors and omissions,
remove or update obsolete references, and improve the clarity and
consistency of certain regulatory provisions. The Agency also makes
nondiscretionary, ministerial changes that merely align regulatory
requirements with the underlying statutory authority, including the
Infrastructure Improvement and Jobs Act (IIJA), sometimes referred to
as the Bipartisan Infrastructure Law, requirements. Additionally, the
Agency makes changes relating to agency management and to FMCSA's rules
of organization, procedures, or practice.
DATES: This final rule is effective September 29, 2022.
FOR FURTHER INFORMATION CONTACT: Mr. Nicholas Warren, Regulatory
Development Division, Office of Policy, FMCSA, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001; (202) 366-6124; nicholas.warren@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Legal Basis for the Rulemaking
Congress delegated certain powers to regulate interstate commerce
to the United States Department of Transportation (DOT or Department)
in numerous pieces of legislation, most notably in section 6 of the
Department of Transportation Act (DOT Act) (Pub. L. 89-670, 80 Stat.
931, 937, Oct. 15, 1966). Section 6 of the DOT Act transferred to the
Department the authority of the former Interstate Commerce Commission
(ICC) to regulate the qualifications and maximum hours of service of
employees, the safety of operations, and the equipment of motor
carriers in interstate commerce (80 Stat. 939). This authority, first
granted to the ICC in the Motor Carrier Act of 1935 (Pub. L. 74-255, 49
Stat. 543, Aug. 9, 1935), now appears in 49 U.S.C. chapter 315. The
regulations issued under this (and subsequently enacted) authority
became known as the FMCSRs, codified at 49 CFR parts 350-399. The
administrative powers to enforce chapter 315 (codified in 49 U.S.C.
chapter 5) were also transferred from the ICC to the DOT in 1966,
assigned first to the Federal Highway Administration (FHWA), and then
to FMCSA. The FMCSA Administrator, whose powers and duties are set
forth in 49 U.S.C. 113, has been delegated authority by the Secretary
of Transportation (the Secretary) under 49 CFR 1.81 to prescribe
regulations and to exercise authority over and with respect to any
personnel within the organization, and under 49 CFR 1.87 to carry out
the motor carrier functions vested in the Secretary.
Between 1984 and 1999, enforcement of the FMCSRs, the Hazardous
Materials Regulations, and the Commercial Regulations were added to
FHWA's authority. These statutes include the Motor Carrier Safety Act
of 1984 (Pub. L. 98-554, Title II, 98 Stat. 2832, Oct. 30, 1984),
codified at 49 U.S.C. chapter 311, subchapter III; the Commercial Motor
Vehicle Safety Act of 1986 (Pub. L. 99-570, Title XII, 100 Stat. 3207-
170, Oct. 27, 1986), codified at 49 U.S.C. chapter 313; the Hazardous
Materials Transportation Uniform Safety Act of 1990, as amended (Pub.
L. 101-615, 104 Stat. 3244, Nov. 16, 1990), codified at 49 U.S.C.
chapter 51; the Omnibus Transportation Employee Testing Act of 1991
(Pub. L. 102-143, Title V, 105 Stat. 917, 952, Oct. 28, 1991), codified
at 49 U.S.C. 31306; the ICC Termination Act of 1995 (Pub. L. 104-88,
109 Stat. 803, Dec. 29, 1995), codified at 49 U.S.C. chapters 131-149;
and the Transportation Equity Act for the 21st Century (Pub. L. 105-
178, 112 Stat. 107, June 9, 1998).
The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L.
106-159, 113 Stat. 1748, Dec. 9, 1999) established FMCSA as a new
operating administration within DOT, effective January 1, 2000.
Accordingly, since that time the motor carrier safety, and certain
commercial, responsibilities previously assigned to both the ICC and
FHWA are the jurisdiction of FMCSA.
Congress expanded, modified, and amended FMCSA's authority in the
Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act of 2001 (Pub. L. 107-
56, 115 Stat. 272, Oct. 26, 2001); the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
(Pub. L. 109-59, 119 Stat. 1144, Aug. 10, 2005); the SAFETEA-LU
Technical Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572,
June 6, 2008); the Moving Ahead for Progress in the 21st Century Act
(MAP-21) (Pub. L. 112-141, 126 Stat. 405, July 6, 2012); and the Fixing
America's Surface Transportation Act (Pub. L. 114-94, 129 Stat. 1312,
Dec. 4, 2015). Most recently, Congress amended FMCSA's authorities in
the Infrastructure Improvement and Jobs Act (IIJA) (Pub. L. 117- 58,
135 Stat. 429, Nov. 15, 2021). Accordingly, FMCSA amends three parts in
title 49 of the Code of Federal Regulations (CFR) to align the
regulatory text with the new statutory requirements.
The specific regulations amended by this rule are based on the
statutes detailed above. Generally, the legal authority for each of
those provisions was explained when the requirement was originally
adopted and is noted at the beginning of each part in title 49 of the
CFR.
The Administrative Procedure Act (APA) specifically provides
exceptions to its notice and comment rulemaking procedures when an
agency finds there is good cause to dispense with them, and
incorporates the finding, and a brief statement of reasons therefore,
in the rules issued (5 U.S.C. 553(b)(3)(B)). Good cause exists when an
agency determines that notice and public comment procedures are
impractical, unnecessary, or contrary to the public interest. The
amendments made in this final rule primarily correct inadvertent errors
and omissions, remove or update obsolete references, and make minor
language changes to improve clarity and consistency. Some changes are
statutorily mandated or align regulatory standards with the underlying
statutory authority. In accommodating those changes, the Agency is
performing nondiscretionary, ministerial acts. The technical amendments
do not impose any material new requirements or increase compliance
obligations. For these reasons, FMCSA finds good cause that notice and
public comment on this final rule are unnecessary.
Moreover, the amendments changing the name of the ``Office of
Enforcement and Compliance (MC-EC)'' to the ``Office of Enforcement and
Compliance (MC-SE)'' and ``Office of Safety
[[Page 59031]]
Programs (MC-SS)'' and additional methods for the public to contact
certain Agency offices concern an additional exception to the APA's
notice and comment rulemaking procedures for ``rules of agency
organization, procedure, or practice'' (5 U.S.C. 553(b)(3)(A)). These
amendments are, therefore, excepted from the notice and public comment
requirements.
The APA also allows agencies to make rules effective immediately
with good cause (5 U.S.C. 553(d)(3)), instead of Sec. requiring
publication 30 days prior to the effective date. For the reasons
already stated, FMCSA finds there is good cause for this rule to be
effective immediately.
The Agency is aware of the regulatory requirements concerning
public participation in FMCSA rulemaking (49 U.S.C. 31136(g)). These
requirements pertain to certain major rules,\1\ but, because this final
rule is not a major rule, they are not applicable.
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\1\ A ``major rule'' means any rule that the Administrator of
the Office of Information and Regulatory Affairs of the Office of
Management and Budget (OMB) finds has resulted in or is likely to
result in (a) an annual effect on the economy of $100 million or
more; (b) a major increase in costs or prices for consumers,
individual industries, Federal agencies, State agencies, local
government agencies, or geographic regions; or (c) significant
adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic
and export markets (5 U.S.C. 804(2)).
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II. Section-by-Section Analysis
This section-by-section analysis describes the changes to the
regulatory text in numerical order.
A. Part 350--Motor Carrier Safety Assistance Program (MCSAP) and High
Priority Program
Section 350.221 How long are MCSAP funds available to a State?
Section 23001(b)(4)(A) of IIJA amends 49 U.S.C. 31104(f)(1) to
provide that MCSAP funds are available for the Federal fiscal year that
the funds are obligated and for the next 2 fiscal years, instead of
just the next fiscal year. Accordingly, FMCSA amends Sec. 350.221 by
replacing ``next full Federal fiscal year'' with ``next 2 full Federal
fiscal years.''
Section 350.227 What activities are eligible for reimbursement under
MCSAP?
Section 23001(c) of IIJA amends 49 U.S.C. 31102(h)(2)(A) to provide
that MCSAP funds may be used for documented enforcement of State
traffic laws and regulations if, in part, the number of motor carrier
safety activities conducted in the State is maintained at a level at
least equal to the average level of such activities conducted in the
State in fiscal years 2014 and 2015, instead of 2004 and 2005.
Accordingly, FMCSA amends Sec. 350.227(c)(2)(ii) by replacing ``2004
and 2005'' with ``2014 and 2015.''
Section 350.403 What are the High Priority Program objectives?
Section 23003 of IIJA amends 49 U.S.C. 31102(l)(3)(D) by adding a
new clause (iv) and clause (v), which provide that High Priority
Program funds received to advance the innovative technology deployment
of commercial motor vehicle (CMV) information systems and networks may
also be used to combat human trafficking. Accordingly, FMCSA adds a
clause at the end of paragraph (h) in Sec. 350.403 pertaining to
innovative technology deployment that reads, ``including technology to
detect, and enforce actions taken as a result of, criminal activity
(including human trafficking) in a CMV or by any occupant of a CMV,
including the operator.''
Similarly, section 23003 of IIJA amends 49 U.S.C. 31102(l)(2) by
adding new subparagraphs (H) and (I), which provide that High Priority
Program funds may be used to combat human trafficking. Accordingly,
FMCSA adds a new paragraph (j) in Sec. 350.403 that provides High
Priority Program funds may be used to ``Support the recognition,
prevention, and reporting of human trafficking in a CMV or by any
occupant of a CMV, including the operator, and enforce laws relating to
human trafficking; or.'' FMCSA makes conforming changes by deleting
``or'' at the end of paragraph (i) and redesignating the existing
paragraph (j) as (k).
Section 350.405 What conditions must an applicant meet to qualify for
High Priority Program funds?
In paragraph (a) of Sec. 350.405, FMCSA makes conforming changes
to reflect the addition of a paragraph in Sec. 350.403. Specifically,
FMCSA replaces ``, (i), and (j)'' with ``and (i) through (k).''
Section 350.411 How long are High Priority Program funds available to a
recipient?
As above, in paragraph (a) of Sec. 350.411, FMCSA makes conforming
changes to reflect the addition of a paragraph in Sec. 350.403. FMCSA
replaces ``, (i), and (j)'' with ``and (i) through (k).''
B. Part 360--Fees for Motor Carrier Registration and Insurance
Sections 360.3 (Suspended) and 360.3T Filing fees.\2\
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\2\ On January 17, 2017, FMCSA suspended certain regulations
relating to the electronic Unified Registration System and delayed
their effective date indefinitely (82 FR 5292). The suspended
regulations were replaced by temporary provisions that contain the
requirements in place on January 13, 2017. Section 360.3 was one of
the sections suspended and Sec. 360.3T, which is currently in
effect, was one of the replacement sections added (82 FR 5299).
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FMCSA revises paragraph (e)(3)(iii) of Sec. 360.3(suspended) and
paragraph (e)(2)(iii) of Sec. 360.3T to replace ``Director, Office of
Registration and Safety Information (MC-RS)'' with ``Federal Motor
Carrier Safety Administration.'' This change is consistent with similar
changes made in the final rule titled ``General Technical,
Organizational, Conforming, and Correcting Amendments to the Federal
Motor Carrier Safety Regulations'' (86 FR 57060, Oct. 14, 2021). FMCSA
made changes in that final rule to replace specific employees and
offices in the FMCSRs noting recent vacancies and organizational
changes affected the titles of FMCSA employees and office names, which
underscored the need for increased flexibility to redelegate functions
internally to meet organizational needs. Accordingly, FMCSA simplified
many sections across various parts of the CFR removing or updating
references to specific titles or offices and replaced them with
``FMCSA'' and, where necessary, an ``ATTN'' line showing the subject
matter of the petition or request. (See 86 FR 57061). FMCSA
inadvertently omitted Sec. Sec. 360.3(e)(3)(iii) and 360.3T(e)(2)(iii)
from the list of sections that were amended under this rationale. FMCSA
corrects that omission and amends these sections to be consistent with
similar sections of the FMCSRs.
Part 380--Special Training Requirements
Section 380.703 Requirements for Listing on the Training Provider
Registry (TPR)
FMCSA revises paragraphs (a)(7) and (b) by replacing the words
``website'' with the word ``website.''
Section 380.717 Training Certification
FMCSA revises the introductory text to Sec. 380.717 by replacing
the words ``website'' with the word ``website.''
Section 380.723 Removal From Training Provider Registry: Procedure
FMCSA revises paragraph (a) by adding ``or through the TPR
website'' to
[[Page 59032]]
the end of the first sentence. This revision reflects that removal from
the training provider registry may be accomplished by submitting a
notice through the same ``TPR website'' that is used for other
transmittals of documents regarding the registry in part 380.
Additionally, in paragraph (b), FMCSA replaces the words ``website''
with the word ``website.''
C. Part 382--Controlled Substances and Alcohol Use and Testing
Section 382.119 Stand-Down Waiver Provision
FMCSA revises paragraph (e) to replace ``Office of Enforcement and
Compliance (MC-EC)'' with ``Office of Safety Programs (MC-SS).'' This
change aligns regulatory text with updates to the internal organization
of FMCSA and ensures that written requests submitted under this section
are directed to the correct office within the Agency.
Section 382.303 Post-Accident Testing
FMCSA replaces ``Federal, State, or local official having
independent authority to test'' with ``Federal, State, or local law
enforcement or public safety official having independent authority for
the test'' in paragraphs (g)(1) and (2). The additions to this phrase
clarify that the officials that conduct post-accident testing to
satisfy the requirements of these paragraphs are only law enforcement
or public safety officials. This change is consistent with the original
intent of this phrase when part 382 was added by FHWA. The notice of
proposed rulemaking explained that the intent of paragraphs (g)(1) and
(2), originally paragraph (f), was to ``allow motor carriers to accept
tests done by law enforcement officials'' (57 FR 59516, 59522, Dec. 15,
1992). The final rule also stated that this provision applied to tests
by ``on-site police or public safety officials'' (59 FR 7484, 7497,
Feb. 15, 1994). Similar terms were used in guidance issued on section
382.303 (62 FR 16370, 16385, Apr. 4, 1997). Accordingly, FMCSA updates
paragraphs (g)(1) and (2) to clarify that the officials referenced are
law enforcement and public safety officials as originally intended when
part 382 was added to the CFR.
D. Part 383--Commercial Driver's License Standards; Requirements and
Penalties
Section 383.3 Applicability
FMCSA revises paragraph (f)(3)(ii) as directed by statute. Section
23019 of IIJA directs FMCSA to amend this section to provide that a
restricted commercial driver's license issued to an employee in a farm-
related service industry be limited to the applicable seasonal periods
defined by the issuing State, with the condition that the total number
of days in any calendar year during which the restricted CDL is valid
does not exceed 210. (See IIJA section 23019). Accordingly, FMCSA
revises the first sentence of paragraph (f)(3)(ii) to read,
``Restricted CDLs shall have the same renewal cycle as unrestricted
CDLs but shall be limited to the seasonal period or periods as defined
by the State of licensure, provided that the total number of days in
any calendar year for which the restricted CDL is valid does not exceed
210.'' The revisions conform the FMCSRs with the language instructed in
section 23019 of IIJA.
Section 383.73 State procedures
FMCSA revises Sec. 383.73(q) to clarify that, as used in paragraph
(q), the term ``downgrade'' means, specifically, the State's removal of
the commercial learner's permit (CLP) or CDL privilege from the
driver's license, as set forth in paragraph (4) of the definition of
CDL downgrade in Sec. 383.5. This amendment conforms to FMCSA's intent
as described in its final rule ``Controlled Substances and Alcohol
Testing: State Driver's Licensing Agency Non-issuance/Downgrade of
Commercial Driver's License'' (86 FR 55718, Oct. 7, 2021). This
revision is made in response to a petition for reconsideration of the
October 2021 final rule submitted to FMCSA by the Oregon Department of
Transportation (ODOT) on November 1, 2021, requesting that FMCSA
clarify the meaning of the term ``downgrade'' as used in Sec.
383.73(q).
The October 2021 final rule established requirements for State
Driver Licensing Agencies (SDLA) to access and use information from
FMCSA's Drug and Alcohol Clearinghouse indicating that a CLP or CDL
holder or applicant cannot lawfully operate a CMV because they violated
the drug and alcohol use and testing prohibitions in 49 CFR part 382,
subpart B. Section 383.73(q) requires that the State, upon receiving
notification that the CLP or CDL holder is prohibited from operating a
CMV, initiate established State procedures for downgrading the CLP or
CDL. The downgrade must be completed and recorded on the Commercial
Driver's License Information System (CDLIS) driver record within 60
days of the State's receipt of such notification.
The intent of the CLP/CDL downgrade requirement in Sec. 383.73(q),
i.e., the removal of the CLP or CDL from the driver's license, was
clearly explained in the preamble to the October 2021 final rule: ``. .
.SDLAs must remove the CLP or CDL privilege from the driver's license
of an individual subject to the CMV driving prohibition, which would
result in a downgrade of the license until the driver complies with
return-to-duty (RTD) requirements'' (86 FR 55718). However, as ODOT
pointed out, confusion may arise because the current definition of the
term CDL downgrade in Sec. 383.5 contains four alternative
definitions. This revision clarifies that, as used in Sec. 383.73(q),
the term ``downgrade'' refers specifically to the fourth alternative
definition, the removal of the CLP or CDL privilege from the driver's
license.
E. Part 385--Safety Fitness Procedures
Sections 385.3 Definitions and Acronyms
FMCSA amends subparagraph (3) under the definition of reviews by
adding a comma after the word ``policies.''
Appendix B to Part 385--Explanation of Safety Rating Process
FMCSA revises section VII of appendix B to part 385 by replacing
the citation for Sec. 382.305 with a citation to Sec. 382.305(a).
Currently, Sec. 382.305 is listed in appendix B to part 385 as the
citation for failing to implement a random controlled substances and/or
an alcohol testing program. However, Sec. 382.305 is the broad
citation that encompasses all random testing violations, while the more
specific citation should be Sec. 382.305(a) for no random program.
When the regulation was amended to add subsection (a), appendix B to
part 385 was never amended. FMCSA now makes this conforming change.
F. Part 391--Qualifications of Drivers and Longer Combination Vehicle
(LCV) Driver Instructors
Sections 391.23 Investigation and Inquiries
FMCSA removes the paragraph headings for paragraphs (c)(4), (g)(5),
(m)(2), (m)(2)(i)(C), and (m)(3) to ensure consistency throughout Sec.
391.23. Additionally, FMCSA deletes paragraph (e)(4)(i) and
redesignates paragraphs (e)(4)(i)(A) and (B) as (e)(4)(i) and (ii),
respectively. Prior to this change paragraph (e)(4) had a subparagraph
(i), but no subparagraph (ii) which is not consistent with standard
practice for paragraph levels in the CFR. FMCSA also adds the
introductory text from paragraph (m)(2)(i) to the introductory text in
paragraph (m)(2) and deletes paragraph (m)(2)(i) to remove a
[[Page 59033]]
paragraph (i) that was not accompanied by a paragraph (ii).
Accordingly, FMCSA redesignates paragraphs (m)(2)(i)(A), (B), (B)(1),
(2), and (C) as paragraphs (m)(2)(i), (ii), (ii)(A), (B), and (iii),
respectively.
Section 391.25 Annual Inquiry and Review of Driving Record
FMCSA deletes the paragraph heading from paragraph (c) for
consistency with the rest of Sec. 391.25.
G. Part 395--Hours of Service of Drivers
Section 395.1 Scope of Rules in This Part
FMCSA revises paragraph (k) to reflect updated statutory authority
for this part. Section 23018 of IIJA amended section 229(a)(1) of MCSIA
(49 U.S.C. 31136 note) by adding a new exemption from the FMCSRs in
part 395 regarding hours of service of drivers during planting and
harvesting periods. The new exemption in section 229(a)(1)(D) of MCSIA
applies to ``drivers transporting livestock (as defined in section 602
of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471)
including insects) within a 150 air-mile radius from the final
destination of the livestock.'' The list of exemptions under section
229(a)(1) of MCSIA is currently codified in the FMCSRs at Sec.
395.1(k). FMCSA is adding a new paragraph (4) to Sec. 395.1(k) that
mirrors the language from the amended section 229(a)(1)(D) of MCSIA so
that the FMCSRs correctly reflect the exemptions from part 395 that are
listed in FMCSA's statutory authority.
Section 395.8 Driver's Record of Duty Status
FMCSA revises a paragraph designation in Sec.
395.8(a)(1)(iii)(A)(3) by italicizing the (3) in accordance with
appropriate formatting of fifth level paragraphs in the CFR.\3\
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\3\ See table 3-6 of the Document Drafting Handbook, National
Archives and Records Administration (Jan. 7, 2022), available at
https://www.archives.gov/federal-register/write/handbook?msclkid=b4c92a20cf9d11ec998402835df7c864.
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H. Part 396--Inspection, Repair, and Maintenance
Appendix A to Part 396--Minimum Periodic Inspection Standards
FMCSA revises appendix A by emboldening and italicizing the titles
for sections 1.l. (Antilock Brake System), 1.m. (Automatic Brake
Adjusters), 14 (Motorcoach Seats), and 15 (Rear Impact Guard) for
consistency with the rest of the titles in the appendix.
FMCSA also updates the paragraphs in section 15 that were added in
the November 9, 2021 final rule titled ``Parts and Accessories
Necessary for Safe Operation; Rear Impact Guards and Rear Impact
Protection'' (86 FR 62105). In the amendatory instructions for that
final rule, FMCSA inadvertently designated certain paragraphs under
section 15 as 1., 2., 3., etc. instead of (1), (2), (3), etc. This
resulted in those paragraphs appearing in the CFR as first level
paragraphs instead of third level paragraphs as intended. FMCSA
redesignates these paragraphs to remedy this inadvertent error.
I. Part 397--Transportation of Hazardous Materials; Driving and Parking
Rules
Section 397.71 Federal Standards
FMCSA revises footnote 1 by replacing ``(MC-EC)'' with ``(MC-SE).''
This change aligns regulatory text with updates to the internal
organization of FMCSA and ensures that the correct office within the
Agency is listed.
Section 397.73 Public Information and Reporting Requirements
FMCSA revises paragraph (b)(1)(ii) by replacing ``(MC-EC)'' with
``(MC-SE).'' This change aligns regulatory text with updates to the
internal organization of FMCSA and ensures that information submitted
under this section is directed to the correct office within the Agency.
Section 397.103 Requirements for State Routing Designations
FMCSA revises paragraph (c)(1)(ii) by replacing ``(MC-EC)'' with
``(MC-SE).'' This change aligns regulatory text with updates to the
internal organization of FMCSA and ensures that written notices
submitted under this section are directed to the correct office within
the Agency.
III. Regulatory Analyses
A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O.
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory
Policies and Procedures
This final rule is not a significant regulatory action under
section 3(f) of E.O. 12866 (58 FR 51735, Oct. 4, 1993), Regulatory
Planning and Review, as supplemented by E.O. 13563 (76 FR 3821, Jan.
21, 2011), Improving Regulation and Regulatory Review, and this final
rule does not require an assessment of potential costs and benefits
under section 6(a)(3) of E.O. 12866. Accordingly, OMB has not reviewed
it under that Order. In addition, this rule is not significant within
the meaning of DOT regulations (49 CFR 5.13(a)). The amendments made in
this final rule primarily correct inadvertent errors and omissions,
remove or update obsolete references, and make minor language changes
to improve clarity and consistency. Some changes are statutorily
mandated or relate to previous changes that were statutorily mandated.
In accommodating those changes, the Agency is performing
nondiscretionary, ministerial acts. Other changes merely align
regulatory requirements with the underlying statutory authority. None
of the changes in this final rule imposes material new requirements or
increases compliance obligations; therefore, this final rule imposes no
new costs, and a full regulatory evaluation is unnecessary.
B. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801-808), the
Office of Information and Regulatory Affairs designated this rule as
not a ``major rule,'' as defined by 5 U.S.C. 804(2).
C. Regulatory Flexibility Act (Small Entities)
Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612),
FMCSA is not required to complete a regulatory flexibility analysis
because, as discussed earlier in the Legal Basis for the Rulemaking
section, this action is not subject to notice and public comment under
section 553(b) of the APA.
D. Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121, 110 Stat. 857, Mar.
29, 1996), FMCSA wants to assist small entities in understanding this
final rule so they can better evaluate its effects on themselves and
participate in the rulemaking initiative. If the final rule will affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance;
please consult the person listed under the FOR FURTHER INFORMATION
CONTACT section of this final rule.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you
[[Page 59034]]
wish to comment on actions by employees of FMCSA, call 1-888-REG-FAIR
(1-888-734-3247). DOT has a policy regarding the rights of small
entities to regulatory enforcement fairness and an explicit policy
against retaliation for exercising these rights.
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $170 million (which is the
value equivalent of $100 million in 1995, adjusted for inflation to
2020 levels) or more in any 1 year. This final rule will not result in
such an expenditure.
F. Paperwork Reduction Act (Collection of Information)
This final rule contains no new information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
G. E.O. 13132 (Federalism)
A rule has implications for federalism under section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' FMCSA has determined that this rule will not have
substantial direct costs on or for States, nor will it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.
H. Privacy
Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005 (Pub. L. 108-447, 118 Stat. 2809, 3268, Dec.
8, 2004 (5 U.S.C. 552a note)), requires the Agency to conduct a privacy
impact assessment of a regulation that will affect the privacy of
individuals. Because this rule does not require the collection of
personally identifiable information, the Agency is not required to
conduct a privacy impact assessment.
The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies
and any non-Federal agency that receives records contained in a system
of records from a Federal agency for use in a matching program.
The E-Government Act of 2002 (Pub. L. 107-347, sec. 208, 116 Stat.
2899, 2921, Dec. 17, 2002), requires Federal agencies to conduct a
privacy impact assessment for new or substantially changed technology
that collects, maintains, or disseminates information in an
identifiable form. No new or substantially changed technology will
collect, maintain, or disseminate information as a result of this rule.
Accordingly, FMCSA has not conducted a privacy impact assessment.
I. E.O. 13175 (Indian Tribal Governments)
This rule does not have Tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
J. National Environmental Policy Act of 1969
FMCSA analyzed this rule pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and determined this action
is categorically excluded from further analysis and documentation in an
environmental assessment or environmental impact statement under FMCSA
Order 5610.1 (69 FR 9680, Mar. 1, 2004), Appendix 2, paragraphs 6.b,
6.c, and 6.t. These Categorical Exclusions address minor amendments and
corrections to existing regulations (e.g., concerning internal agency
functions, organization, or personnel administration, etc.), and
ensuring that States comply with the provisions of the Commercial Motor
Vehicle Safety Act of 1986 by having the appropriate laws and policies,
etc., concerning the qualification of licensing and persons who apply
for or are issued a CDL. Therefore, preparation of an environmental
assessment or environmental impact statement is not necessary.
List of Subjects
49 CFR Part 350
Grant programs-transportation, Highway safety, Motor carriers,
Motor vehicle safety, Reporting and recordkeeping requirements, State
and local governments.
49 CFR Part 360
Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Hazardous materials transportation, Highway safety,
Insurance, Motor carriers, Motor vehicle safety, Moving of household
goods, Penalties, Reporting and recordkeeping requirements, Surety
bonds.
49 CFR Part 380
Administrative practice and procedure, Highway safety, Motor
carriers, Reporting and recordkeeping requirements.
49 CFR Part 382
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.
49 CFR Part 383
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.
49 CFR Part 385
Administrative practice and procedure, Highway safety, Mexico,
Motor carriers, Motor vehicle safety, Reporting and recordkeeping
requirements.
49 CFR Part 391
Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety,
Transportation.
49 CFR Part 395
Highway safety, Motor carriers, Reporting and recordkeeping
requirements.
49 CFR Part 396
Highway safety, Motor carriers, Motor vehicle safety, Reporting and
recordkeeping requirements.
49 CFR Part 397
Administrative practice and procedure, Hazardous materials
transportation, Highway safety, Intergovernmental relations, Motor
carriers, Parking, Radioactive materials, Reporting and recordkeeping
requirements, Rubber and rubber products.
In consideration of the foregoing, FMCSA amends 49 CFR chapter III
as set forth below:
PART 350--MOTOR CARRIER SAFETY ASSISTANCE PROGRAM (MCSAP) AND HIGH
PRIORITY PROGRAM
0
1. The authority citation for part 350 continues to read as follows:
Authority: 49 U.S.C. 504, 13902, 31101, 31102, 31104, 31106,
31108, 31136, 31141,
[[Page 59035]]
31161, 31310, 31311, 31502; secs. 5106 and 5107, Pub. L. 114-94, 129
Stat. 1312, 1530; and 49 CFR 1.87.
Sec. 350.221 [Amended]
0
2. Amend Sec. 350.221 by removing the words ``next full Federal fiscal
year'' and adding in their place ``next 2 full Federal fiscal years''.
Sec. 350.227 [Amended]
0
3. In Sec. 350.227, amend paragraph (c)(2)(ii) by removing the words
``2004 and 2005'' and adding the words ``2014 and 2015'' in their
place.
0
4. Amend Sec. 350.403 by:
0
a. Revising paragraph (h);
0
b. In paragraph (i) removing the word ``or'';
0
c. Redesignating paragraph (j) as paragraph (k); and
0
d. Adding a new paragraph (j).
The revision and addition read as follows:
Sec. 350.403 What are the High Priority Program objectives?
* * * * *
(h) Advance the technological capability and promote the Innovative
Technology Deployment of intelligent transportation system applications
for CMV operations by States, including technology to detect, and
enforce actions taken as a result of, criminal activity (including
human trafficking) in a CMV or by any occupant of a CMV, including the
operator;
* * * * *
(j) Support the recognition, prevention, and reporting of human
trafficking in a CMV or by any occupant of a CMV, including the
operator, and enforce laws relating to human trafficking; or
* * * * *
Sec. 350.405 [Amended]
0
5. In Sec. 350.405, amend paragraph (a) by removing the words ``, (i),
and (j)'' and adding the words ``and (i) through (k)'' in their place.
Sec. 350.411 [Amended]
0
6. In Sec. 350.411, amend paragraph (a) by removing the phrase ``,
(i), and (j)'' and adding the phrase ``and (i) through (k)'' in its
place.
PART 360--FEES FOR MOTOR CARRIER REGISTRATION AND INSURANCE
0
7. The authority citation for part 360 continues to read as follows:
Authority: 31 U.S.C. 9701; 49 U.S.C. 13908; and 49 CFR 1.87.
0
8. Amend Sec. 360.3 as follows:
0
a. Lift the suspension of the section;
0
b. Revise paragraph (e)(3)(iii); and
0
c. Suspend the section indefinitely.
The revision reads as follows:
Sec. 360.3 Filing fees.
* * * * *
(e) * * *
(3) * * *
(iii) FMCSA action. FMCSA will notify the applicant of the decision
to grant or deny the request for waiver or reduction.
0
9. Amend Sec. 360.3T by revising paragraph (e)(2)(iii) to read as
follows:
Sec. 360.3T Filing fees.
* * * * *
(e) * * *
(2) * * *
(iii) Federal Motor Carrier Safety Administration action. The
Federal Motor Carrier Safety Administration will notify the applicant
of the decision to grant or deny the request for waiver or reduction.
* * * * *
PART 380--SPECIAL TRAINING REQUIREMENTS
0
10. The authority citation for part 360 continues to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, 31502;
sec. 4007(a) and (b), Pub. L. 102-240, 105 Stat. 1914, 2151-2152;
sec. 32304, Pub. L. 112-141, 126 Stat. 405, 791; and 49 CFR 1.87.
Sec. 380.703 [Amended]
0
11. In Sec. 380.703(a)(7) and (b), remove the words ``website'' and
add, in their place, the word ``website''.
Sec. 380.717 [Amended]
0
12. In the introductory text to Sec. 380.717, remove the words
``website'' and add, in their place, the word ``website''.
0
13.Amend Sec. 380.723 by revising paragraphs (a) and (b) to read as
follows:
Sec. 380.723 Removal from training provider registry: procedure.
(a) Voluntary removal. To be voluntarily removed from the Training
Provider Registry (TPR), a provider must submit written notice to
FMCSA, ATTN: Training Provider Registry Removal, 1200 New Jersey Avenue
SE, Washington, DC 20590 or through the TPR website. Upon receiving the
written notice, FMCSA will remove the training provider from the TPR.
On and after the date of issuance of a notice of proposed removal from
the TPR issued in accordance with paragraph (b) of this section, such a
voluntary removal notice will not be effective.
(b) Involuntary removal; Notice of proposed removal. Except as
provided by paragraphs (a) and (e) of this section, FMCSA initiates the
process for involuntary removal of a provider from the TPR by issuing a
written notice to the provider, stating the reasons for the proposed
removal and setting forth any corrective actions necessary for the
provider to remain listed on the TPR. If a notice of proposed removal
is issued, the provider must notify current driver-trainees and driver-
trainees scheduled for future training of the proposed removal. If a
notice of proposed removal is issued to a training provider listed on
the TPR website, FMCSA will note on the TPR website that such notice
has been issued. FMCSA will remove the notation if the notice is
withdrawn.
* * * * *
PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING
0
14. The authority citation for part 382 continues to read as follows:
Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec.
32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.
Sec. 382.119 [Amended]
0
15. Amend Sec. 382.119(e) by removing the words ``Office of
Enforcement and Compliance (MC-EC)'' and adding the words ``Office of
Safety Programs (MC-SS)'' in their place.
0
16. Amend Sec. 382.303 by revising paragraph (g) to read as follows:
Sec. 382.303 Post-accident testing.
* * * * *
(g)(1) The results of a breath or blood test for the use of
alcohol, conducted by Federal, State, or local law enforcement or
public safety officials having independent authority for the test,
shall be considered to meet the requirements of this section, provided
such tests conform to the applicable Federal, State or local alcohol
testing requirements, and that the results of the tests are obtained by
the employer.
(2) The results of a urine test for the use of controlled
substances, conducted by Federal, State, or local law enforcement or
public safety officials having independent authority for the test,
shall be considered to meet the requirements of this section, provided
such tests conform to the applicable Federal, State or local controlled
substances testing requirements, and that the results of the tests are
obtained by the employer.
* * * * *
[[Page 59036]]
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES
0
17. The authority citation for part 383 is revised to read as follows:
Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs.
214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec.
1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of Pub. L.
109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141, 126
Stat. 405, 830; sec. 23019 of Pub. L. 117-58, 135 Stat. 429, 777;
and 49 CFR 1.87.
0
18. Amend Sec. 383.3 by revising paragraph (f)(3)(ii) to read as
follows:
Sec. 383.3 Applicability.
* * * * *
(f) * * *
(3) * * *
(ii) Restricted CDLs shall have the same renewal cycle as
unrestricted CDLs but shall be limited to the seasonal period or
periods as defined by the State of licensure, provided that the total
number of days in any calendar year for which the restricted CDL is
valid does not exceed 210. If a State elects to provide for more than
one seasonal period, the restricted CDL is valid for commercial motor
vehicle operation only during the currently approved season, and must
be revalidated for each successive season. Only one seasonal period of
validity may appear on the license document at a time. The good driving
record must be confirmed prior to any renewal or revalidation.
* * * * *
0
19. Amend Sec. 383.73 by revising paragraph (q) introductory text to
read as follows:
Sec. 383.73 State procedures.
* * * * *
(q) Drug and Alcohol Clearinghouse. Beginning November 18, 2024,
the State must, upon receiving notification that pursuant to Sec.
382.501(a) of this chapter the CLP or CDL holder is prohibited from
operating a commercial motor vehicle, initiate established State
procedures for downgrading the CLP or CDL. The downgrade must be
completed and recorded on the CDLIS driver record within 60 days of the
State's receipt of such notification. As used in this paragraph, the
term ``downgrade'' means the State's removal of the CLP or CDL
privilege from the driver's license, as set forth in paragraph (4) the
definition of CDL downgrade in Sec. 383.5.
* * * * *
PART 385--SAFETY FITNESS PROCEDURES
0
20. The authority citation for part 385 continues to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(d), 5109, 5113,
13901-13905, 13908, 31135, 31136, 31144, 31148, 31151, 31502; sec.
113(a), Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 408, Pub. L.
104-88, 109 Stat. 803, 958; sec. 350, Pub. L. 107-87, 115 Stat. 833,
864; sec. 5205, Pub. L. 114-94, 129 Stat. 1312, 1537; and 49 CFR
1.87.
Sec. 385.3 [Amended]
0
21. In Sec. 385.3 amend the definition of ``Reviews'' by adding a
comma after the word ``policies'' in paragraph (3).
Appendix B to Part 385 [Amended]
0
22. Amend section VII of appendix B to part 385 by removing the
reference ``Sec. 382.305'' and adding, in its place, the reference
``Sec. 382.305(a)''.
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS
0
23. The authority citation for part 391 continues to read as follows:
Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, 31502; sec.
4007(b), Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114, Pub. L.
103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159, 113 Stat.
1748, 1767; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; secs.
5403 and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1560; sec. 2,
Pub. L. 115-105, 131 Stat. 2263; and 49 CFR 1.87.
0
24. Amend Sec. 391.23 by revising paragraphs (c)(4), (e)(4), (g)(5),
(m)(2), and (m)(3) introductory text to read as follows:
Sec. 391.23 Investigation and inquiries.
* * * * *
(c) * * *
(4) For drivers with no previous employment experience working for
a DOT-regulated employer during the preceding three years,
documentation that no investigation was possible must be placed in the
driver investigation history file, after October 29, 2004, within the
required 30 days of the date the driver's employment begins.
* * * * *
(e) * * *
(4) As of January 6, 2023, employers subject to Sec. 382.701(a) of
this chapter must use the Drug and Alcohol Clearinghouse to comply with
the requirements of this section with respect to FMCSA-regulated
employers.
(i) If an applicant who is subject to follow-up testing has not
successfully completed all follow-up tests, the employer must request
the applicant's follow-up testing plan directly from the previous
employer in accordance with Sec. 40.25(b)(5) of this title.
(ii) If an applicant was subject to an alcohol and controlled
substance testing program under the requirements of a DOT mode other
than FMCSA, the employer must request alcohol and controlled substances
information required under this section directly from those employers
regulated by a DOT mode other than FMCSA.
* * * * *
(g) * * *
(5) Until May 1, 2006, carriers need only provide information for
accidents that occurred after April 29, 2003.
(m) * * *
(2) For drivers required to have a commercial driver's license
under part 383 of this chapter, beginning January 30, 2015, using the
CDLIS motor vehicle record obtained from the current licensing State,
the motor carrier must verify and document in the driver qualification
file the following information before allowing the driver to operate a
CMV:
(i) The type of operation the driver self-certified that he or she
will perform in accordance with Sec. 383.71(b)(1) of this chapter.
(ii)(A) Beginning on May 21, 2014, and through June 22, 2025, that
the driver was certified by a medical examiner listed on the National
Registry of Certified Medical Examiners as of the date of medical
examiner's certificate issuance.
(B) If the driver has certified under paragraph (m)(2)(i)(A) of
this section that he or she expects to operate in interstate commerce,
that the driver has a valid medical examiner's certificate and any
required medical variances.
(iii) Beginning on January 30, 2015, and through June 22, 2025, if
the driver provided the motor carrier with a copy of the current
medical examiner's certificate that was submitted to the State in
accordance with Sec. 383.73(b)(5) of this chapter, the motor carrier
may use a copy of that medical examiner's certificate as proof of the
driver's medical certification for up to 15 days after the date it was
issued.
(3) For drivers required to have a commercial learner's permit
under part 383 of this chapter:
* * * * *
Sec. 391.25 [Amended]
0
25. Amend Sec. 391.25 by removing the paragraph (c) heading.
[[Page 59037]]
PART 395--HOURS OF SERVICE OF DRIVERS
0
26. The authority citation for part 395 continues to read as follows:
Authority: 49 U.S.C. 504, 21104(e), 31133, 31136, 31137, 31502;
sec. 113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L.
106-159 (as added and transferred by sec. 4115 and amended by secs.
4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744), 113
Stat. 1748, 1773; sec. 4133, Pub. L. 109-59, 119 Stat. 1144, 1744;
sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5206(b), Pub.
L. 114-94, 129 Stat. 1312, 1537; and 49 CFR 1.87.
0
27. In Sec. 395.1 amend paragraph (k) by:
0
a. In paragraph (k)(2) removing the word ``or'';
0
b. In paragraph (k)(3) removing ``.'' and adding ``; or'' in its place;
and
0
c. Adding paragraph (k)(4).
The addition reads as follows:
Sec. 395.1 Scope of rules in this part.
* * * * *
(k) * * *
(4) Livestock (as defined in section 602 of the Emergency Livestock
Feed Assistance Act of 1988 (7 U.S.C. 1471) including insects)) within
a 150 air-mile radius from the final destination of the livestock.
PART 396--INSPECTION, REPAIR, AND MAINTENANCE
0
28. The authority citation for part 396 continues to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136, 31151, 31502; sec.
32934, Pub. L. 112-141, 126 Stat. 405, 830; sec. 5524, Pub. L. 114-
94, 129 Stat. 1312, 1560; and 49 CFR 1.87.
0
29. Amend appendix A to part 396 by:
0
a. In section 1 revising the section heading and the headings of
paragraphs 1.l and m;
0
b. In section 14 revising the section heading; and
0
c. Revising section 15.
The revisions read as follows:
Appendix A to Part 396--Minimum Periodic Inspection Standards
* * * * *
1. Brake System.
* * * * *
l. Antilock Brake System 1 2 3
* * * * *
m. Automatic Brake Adjusters
* * * * *
14. Motorcoach Seats.
* * * * *
15. Rear Impact Guard.
a. Trailers and semitrailers with a GVWR of 4,536 kg (10,001
lbs.) or more, manufactured on or after January 26, 1998 (see
exceptions in Sec. 393.86(a)(1) of this subchapter).
(1) Missing guard.
(2) Guard is not securely attached to trailer, including broken
or missing fasteners, any welds or parent metal cracked, or other
damage that compromises secure attachment of the guard.
(3) Guard horizontal member does not extend to within 100 mm (4
inches) of each, or extends beyond either, side extremity of the
vehicle.
(4) Guard horizontal member is more than 560 mm (22 inches)
above the ground.
(5) Guard horizontal member is more than 305 mm (12 inches)
forward of the rear extremity of the vehicle.
(6) Guard horizontal member does not have a cross sectional
vertical height of at least 100 mm (4 inches) across its entire
width.
b. Commercial motor vehicles manufactured after December 31,
1952 (except trailers and semitrailers manufactured on or after
January 26, 1998) (see exceptions in Sec. 393.86(b)(1) and
393.86(b)(3) of this subchapter).
(1) Missing guard.
(2) Guard is not securely attached to trailer by bolts, welding,
or other comparable means.
(3) Guard horizontal member is more than 762 mm (30 inches)
above the ground.
(4) Guard horizontal member does not extend to within 457 mm (18
inches) of each side extremity of the vehicle.
(5) Guard horizontal member is more than 610 mm (24 inches)
forward of the rear extremity of the vehicle.
PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND
PARKING RULES
0
30. The authority citation for part 397 continues to read as follows:
Authority: 49 U.S.C. 322; 49 CFR 1.87. Subpart A also issued
under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.97. Subparts C, D,
and E also issued under 49 U.S.C. 5112, 5125.
Sec. 397.71 [Amended]
0
31. In Sec. 397.71 amend footnote 1 by removing the words ``(MC-EC)''
and adding the words ``(MC-SE)'' in their place.
Sec. 397.73 [Amended]
0
32. Amend Sec. 397.73(b)(1)(ii) by removing the words ``(MC-EC)'' and
adding the words ``(MC-SE)'' in their place.
Sec. 397.103 [Amended]
0
33. Amend Sec. 397.103(c)(1)(ii) by removing the words ``(MC-EC)'' and
adding the words ``(MC-SE)'' in their place.
Issued under authority delegated in 49 CFR 1.87.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-20644 Filed 9-28-22; 8:45 am]
BILLING CODE 4910-EX-P