Zero Base Review of the Federal Motor Carrier Safety Regulations; Correcting Amendments
Federal RegisterJul 28, 1995
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Chapter III and Parts 325, 350, 382, 385, 387, 390, 391,
392, 395, 396, and 397
RIN 2125-AD55
Zero Base Review of the Federal Motor Carrier Safety Regulations;
Correcting Amendments
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Final rule; correcting amendments.
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SUMMARY: The FHWA is making technical corrections to keep the Federal
Motor Carrier Safety Regulations accurate and up to date. This
rulemaking action is one part of the FHWA's Zero Base Regulatory
Review.
EFFECTIVE DATE: July 28, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Peter C. Chandler, Office of Motor
Carrier Research and Standards, (202) 366-5763, or Mr. Charles E.
Medalen, Office of the Chief Counsel, (202) 366-1354, Federal Highway
Administration, Department of Transportation, 400 Seventh Street, SW.,
Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m.,
e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
The first Federal Motor Carrier Safety Regulations (FMCSRs) were
promulgated in 1937, and have been amended many times since then. In
September 1992, the FHWA began a
[[Page 38740]]
comprehensive multi-year project to develop modern, uniform safety
regulations that are up to date, clear, concise, easier to understand,
and more performance-oriented. This project has been named the ``Zero
Base Regulatory Review.''
Upon the announcement of the first four public outreach sessions in
the Federal Register (57 FR 37392) on August 18, 1992, the FHWA opened
public docket No. MC-92-33 to allow interested parties who were unable
to attend an outreach session the opportunity to make comments and
recommendations for the improvement of the FMCSRs. The FHWA has
completed an extensive review of the FMCSRs and has identified
technical changes that are needed to correct errors and obsolete
references. The corrections are discussed below.
Terminology Changes
In chapter III, the words ``he,'' ``his,'' ``him,'' and ``himself''
are used where there is no intention to exclude the feminine gender.
The words ``he/she,'' ``his/her,'' ``him/her,'' and ``himself/
herself,'' respectively, would be more appropriate. In chapter III, the
words ``he,'' ``his,'' ``him,'' and ``himself'' are being replaced with
the words ``he/she,'' ``his/her,'' ``him/her,'' and ``himself/
herself,'' respectively, in all instances except in the phrases ``he or
she,'' ``his or her,'' and ``him or her.'' The rule in Sec. 390.7(a)(3)
that words in part 325 of subchapter A and in subchapter B imparting
the masculine gender include the feminine gender is being removed.
In parts 390, 391, 392, and 395, the term ``vehicle'' is used where
``motor vehicle'' or ``commercial motor vehicle'' would be more
precise. The term ``vehicle'' in all instances has been removed or
replaced either with ``motor vehicle'' or ``commercial motor vehicle,''
whichever is appropriate. In addition, the term ``motor vehicle'' is
often used in these parts where ``commercial motor vehicle'' would be
more precise. The term ``motor vehicle'' has been replaced with
``commercial motor vehicle'' wherever appropriate.
There are numerous places in chapter III of title 49, CFR, where
the Office of Motor Carriers is mentioned by its former name, the
Bureau of Motor Carrier Safety. The FHWA is making a nomenclature
change to correct these obsolete names.
Tires (Section 325.93)
The introductory paragraph of Sec. 325.93(b) refers to the Director
of the Bureau of Motor Carrier Safety, a position that no longer
exists, when it should refer to the Associate Administrator for Motor
Carriers. Section 325.93(b) is being amended to correct this reference.
Definitions (Section 350.3)
The definition of motor carrier in Sec. 350.3 does not include a
private motor carrier of passengers. The FHWA published a final rule,
``Private Motor Carriers of Passengers,'' on February 23, 1994, which
made private motor carriers of passengers involved in interstate
transportation subject to the FMCSRs (with certain exceptions) [59 FR
8748]. This rule became effective on January 1, 1995. Since private
motor carriers of passengers are now subject to the FMCSRs and part 350
prescribes requirements for Federal assistance to the States for
programs to adopt and enforce the FMCSRs, the definition of motor
carrier in Sec. 350.3 is being amended to cross-reference the
definition of motor carrier in Sec. 390.5 which was revised by the
February 23, 1994, final rule.
Tolerance Guidelines for Adopting Compatible State Rules and
Regulations (Part 350, app. C)
In part 350, appendix C, paragraph 3(e), there is an error in the
reference to the 100 air-mile radius exemption. This exemption was
moved from Sec. 395.8(l) to Sec. 395.1(e) on July 30, 1992 [57 FR
33638, at 33647]. A technical correction is being made to include the
proper regulatory citation for the exemption.
Controlled Substances and Alcohol Use and Testing; Authority
Citation (Part 382)
The authority citation for Part 382 is being amended to include
``49 U.S.C. 31133'' which pertains to the general powers of the
Secretary of Transportation.
Safety Fitness Procedures; Failure to Report (Section 385.23)
Section 385.23 incorrectly refers to itself as the source of the
requirement that a motor carrier operating in interstate or foreign
commerce file a Motor Carrier Identification Report. This requirement
is found in Sec. 385.21. Section 385.23 is being amended to correct
this error.
Financial Responsibility Required (Section 387.31)
Section 387.31(b)(3) provides an exception allowing Mexican motor
carriers to meet the minimum financial responsibility requirements by
obtaining the required amount of insurance coverage for periods of 24
hours or longer from insurers that meet the requirements of
Sec. 387.35. Section 387.31(b)(3)(i) requires Mexican motor carriers so
insured to have a copy of the certificate of registration, issued by
the Interstate Commerce Commission, in each of its buses. Since the
certificate requirement applies only to foreign motor carriers and
foreign motor private carriers ``of property'' [49 U.S.C. 10530(b)(1),
(2)], Mexican passenger carriers are not required to apply for a
certificate of registration for entry into the United States.
Therefore, Sec. 387.31(b)(3)(i) is being removed.
Federal Motor Carrier Safety Regulations; General Definitions (Section
390.5)
There is an error in the definition of employee. Paragraph (d) of
the definition reads ``Any individual, other than an employee * * *.''
The statutory definition [formerly 49 U.S.C. App. 2503(2)(D), now
recodified in slightly different language at 49 U.S.C. 31132(2)] reads
``Any individual, other than an employer * * * .'' The regulatory
language is being corrected.
The citation in the definition of Exempt intracity zone is out of
date. The section referred to in this definition (Sec. 390.3(g)) was
removed on March 24, 1989 [54 FR 12200] and replaced with language
required by statute [49 U.S.C. 31136(f), formerly 49 U.S.C. App.
2505(h)]. That language is codified at Sec. 391.2(d) and the definition
of Exempt intracity zone is being corrected to refer to that section.
The definition of Principal place of business refers to the records
required by parts 387, 390, 391, 395, and 396. The records required by
part 396 must be maintained where the motor vehicle is either housed or
maintained (Sec. 396.3(c)), not at the principal place of business.
Therefore, this reference to part 396 is being removed.
The FHWA published a final rule, ``Controlled Substances and
Alcohol Use and Testing,'' on February 15, 1994, which added part 382
to the FMCSRs [59 FR 7484, at 7505]. Section 382.401(d) requires all
records required by part 382 to be made available for inspection at the
employer's principal place of business within two business days after a
request has been made by an authorized official of the FHWA. A
reference to these recordkeeping requirements is being added to the
definition of Principal place of business.
Locations of Regional Motor Carrier Safety Offices (Section 390.27)
The title of Sec. 390.27 requires a technical correction. The
Office of Motor Carrier Safety has been renamed the Office of Motor
Carriers. The title of Sec. 390.27 is being changed to read
[[Page 38741]]
``Locations of regional offices of motor carriers'' to reflect this
name change.
General Exemptions (Section 391.2); Disqualification of Drivers
(Section 391.15)
Section 391.2(c) contains a general exemption from the rules in
part 391 for certain farm vehicle drivers. This general exemption does
not apply to a farm vehicle driver of an articulated (combination)
motor vehicle that has a gross weight, including load, of more than
10,000 pounds. This exception to the general exemption requires a
technical correction. The jurisdiction of the FHWA depends on the gross
vehicle weight rating (GVWR) or gross combination weight rating (GCWR),
not the gross weight, of a motor vehicle. Section 391.2(c) is being
amended to state that the rules in part 391 do not apply to a farm
vehicle driver except a farm vehicle driver who drives an articulated
(combination) ``commercial motor vehicle.'' A GVWR or GCWR of 10,001 or
more pounds is included in the definition of a commercial motor vehicle
in Sec. 390.5.
The citation for the Hazardous Materials Transportation Act in
Secs. 391.2(d)(4) and 391.15(d)(2)(iv) is obsolete because 49 U.S.C.
app. 1801-1813 were recodified at 49 U.S.C. 5101 et seq. These
references are being amended.
Qualifications of Drivers (Section 391.11)
Section 391.11(b)(7) requires a commercial motor vehicle driver to
have a currently valid commercial motor vehicle operator's license
issued only from one State or jurisdiction. It contains an exception
not effective after December 31, 1989. Since this date has passed, the
exception is obsolete and is being removed.
Disqualification of Drivers (Section 391.15); Physical Qualifications
for Drivers (Section 391.41); Drugs and Other Substances (Section
392.4)
The footnotes to Secs. 391.15(c)(2)(ii) and (iii), 391.41(b)(12),
and 392.4(a)(1) mention that a list of Schedule I drugs and other
substances can be obtained by writing the ``Director, Office of Motor
Carrier Standards'' or a ``Regional Office of Motor Carrier and Highway
Safety of the Federal Highway Administration.'' The current names for
these offices are the ``Office of Motor Carrier Research and
Standards'' and ``Regional Office of Motor Carriers of the Federal
Highway Administration,'' respectively, and the footnotes are being
changed accordingly.
Examinations and Tests; Subpart D Heading (Part 391)
The heading of subpart D of part 391 requires a technical
correction. The FHWA published a final rule, ``Removal of Obsolete and
Redundant Regulations and Appendices,'' on November 23, 1994, which
removed the requirements related to the written examination,
Secs. 391.35 and 391.37. Subpart D of part 391 now contains only the
requirements related to the road test, Secs. 391.31 and 391.33.
Therefore, the heading of subpart D of part 391 is being changed to
read ``Tests.''
Medical Examination; Certificate of Physical Examination (Section
391.43)
Section 391.43(g) contains the mandatory form for a medical
examiner's certificate. Previous forms are allowed to be used until
depleted, but no later than November 8, 1994, provided the medical
examiner writes down all required information. Since this date has
passed, this provision in Sec. 391.43(g) is obsolete and is being
removed.
Resolution of Conflicts of Medical Evaluation (Section 391.47)
The term ``Director'' referred to in Sec. 391.47(c) through (f) is
the Director of the Bureau of Motor Carrier Safety, a position that no
longer exists. Determinations of a driver's medical qualification in
cases of conflicting medical evaluations are now made by the Director,
Office of Motor Carrier Research and Standards. All references to
``Director'' in Sec. 391.47 have been replaced with ``Director, Office
of Motor Carrier Research and Standards.''
Drivers of Articulated (Combination) Farm Vehicles (Section 391.67)
Section 391.67(d) exempts a farm vehicle driver who is at least 18
years old and operates an articulated commercial motor vehicle from the
requirements to be medically examined and to have a medical examiner's
certificate on his/her person until January 1, 1973. Since this date
has passed, Sec. 391.67(d) is obsolete and is being removed.
Private Motor Carriers of Passengers (Nonbusiness) (Section 391.68)
Section 391.68(b) exempts a private motor carrier of passengers
(business) driver from the rules in part 391 relating to road tests
(subpart D). This exemption is in a section which should only contain
exemptions for private motor carriers of passengers (nonbusiness). It
is also redundant because Sec. 391.73 exempts private motor carriers of
passengers (business) from the road test requirements. Therefore,
Sec. 391.68 is being amended by removing the paragraph (a) designation,
redesignating paragraphs (a)(1) through (a)(6) to read as (a) through
(f), respectively, and removing paragraph (b).
Definitions (Section 395.2)
The FHWA published a final rule, ``Removal of Obsolete and
Redundant Regulations and Appendices,'' on November 23, 1994, which
removed paragraph (6) and redesignated paragraphs (7) through (9) of
the definition of On duty time in Sec. 395.2 as paragraphs (6) through
(8), respectively [59 FR 60319, at 60323]. Paragraph (10) of the
definition of On duty time was not appropriately redesignated as
paragraph (9). The definition of On duty time is being amended
accordingly.
Maximum Driving and On-duty Time (Section 395.3)
The title of Sec. 395.3 requires a technical correction. Section
395.3(b) formerly stated that no driver shall be on duty in excess of
60 hours in any period of 7 consecutive days or 70 hours in any period
of 8 consecutive days (except driver salespersons). The FHWA published
a final rule on October 30, 1987, which amended Sec. 395.3(b) to allow
a driver to perform nondriving duties after reaching 60 hours of on
duty time in 7 consecutive days or 70 hours of on duty time in 8
consecutive days, but prohibited a driver to drive a commercial motor
vehicle after reaching this limit [52 FR 41718, at 41721].
The FMCSRs no longer limit how long a driver may remain on duty. The
title of Sec. 395.3 is being changed to read ``Maximum Driving Time''
to reflect this amendment.
The FMCSRs have always prohibited a motor carrier from permitting
or requiring a driver to violate the hours of service regulations. In
addition, the FMCSRs previously prohibited a driver from violating the
hours of service regulations. The latter prohibition was inadvertently
omitted when Sec. 395.3 was amended on July 30, 1992 [57 FR 33638, at
33649]. The FHWA is therefore amending Sec. 395.3(b) to make it clear
that a driver is personally prohibited from driving a commercial motor
vehicle after having been on duty 60 hours in any 7 consecutive days or
70 hours in any 8 consecutive days.
Driver's Record of Duty Status (Section 395.8)
The references in Sec. 395.8(h) (2), (3), and (4) to Sec. 395.2
(f), (b), and (a), respectively, are obsolete. Section 395.8(h) (2),
(3), and (4) should refer to
[[Page 38742]]
Sec. 395.2 because lettered paragraphs for specific definitions were
removed on July 30, 1992 [57 FR 33638, at 33648-33649]. These
references are being amended accordingly.
The term ``vehicle condition reports'' is used in the graph grid
illustration after Sec. 395.8(k)(2). However, the term ``driver vehicle
inspection report'' is the appropriate term. The former is being
replaced with the latter.
Automatic On-Board Recording Devices (Section 395.15)
Section 395.15 contains various provisions related to the use of
automatic on-board recording devices. The requirements of
Secs. 395.15(i)(4) and (i)(7) became effective on October 2, 1989.
Since this date has passed, the words ``No later than October 2, 1989''
are unnecessary and are being removed.
Equivalent to Periodic Inspection (Section 396.23)
The first sentence of Sec. 396.23(a) incorrectly references the
requirements of Sec. 393.17. This sentence should refer to Sec. 396.17,
and Sec. 396.23(a) is being amended accordingly.
Application of the Rules in This Part (Section 397.1)
Section 397.1(a) refers to ``paragraph (c) of this section,'' which
does not exist. Section 397.1(c) was removed on May 19, 1988 [53 FR
18042, at 18058], but the reference to paragraph (c) in paragraph (a)
was not revised. Therefore, Sec. 397.1(a) is amended by removing the
phrase ``Except as provided in paragraph (c) of this section.''
Special Agents (Appendix B to Subchapter B)
Paragraph 3 of appendix B to subchapter B defines the term
``special agent,'' in part by listing the FHWA's statutory authority to
regulate motor carrier safety. The list is out of date, and is
therefore being amended to reflect the agency's current authority and
the recent recodification of title 49, United States Code. Paragraph 3
also refers to the Director of the Bureau of Motor Carrier Safety, a
position that no longer exists, when it should refer to the Associate
Administrator for Motor Carriers. Paragraph 3 is being amended to
correct this reference.
Rulemaking Analyses and Notices
This final rule makes only minor, technical corrections to the
Federal Motor Carrier Safety Regulations. The rule deletes a provision
for which there is no authority, corrects or removes inaccurate
references, and replaces outdated language with terms more consistent
with current statutory authority. Substantive regulatory standards are
not changed in any way. Therefore, the FHWA finds good cause to adopt
the rule without prior notice or opportunity for public comment [5
U.S.C. 553(b)]. The DOT's regulatory policies and procedures also
authorize promulgation of the rule without prior notice because it is
anticipated that such action would not result in the receipt of useful
information. The FHWA is making the rule effective upon publication in
the Federal Register because it imposes no new burdens and merely
corrects or clarifies existing regulations [5 U.S.C. 553(d)].
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined that this action is not a significant
regulatory action within the meaning of Executive Order 12866 or
significant within the meaning of Department of Transportation
regulatory policies and procedures. Since this rulemaking action makes
only technical corrections to the current regulations, it is
anticipated that the economic impact of this rulemaking will be
minimal; therefore, a full regulatory evaluation is not required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this rule on small
entities. Based on the evaluation, and since this rulemaking action
makes only technical corrections to the current regulations, the FHWA
hereby certifies that this action will not have a significant economic
impact on a substantial number of small entities.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this action does not have sufficient federalism implications to
warrant the preparation of a federalism assessment.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.217, Motor
Carrier Safety. The regulations implementing Executive Order 12372
regarding intergovernmental consultation on Federal programs and
activities apply to this program.
Paperwork Reduction Act
This action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act of 1980, 44
U.S.C. 3501 et seq.
National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has
determined that this action would not have any effect on the quality of
the environment.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Parts 325, 350, 382, 385, 387, 390, 391,
392, 395, 396, and 397
Highway safety, Highways and roads, Motor carriers, Motor vehicle
safety.
Issued on: July 19, 1995.
Rodney E. Slater,
Federal Highway Administrator.
In consideration of the foregoing and under the authority of 42
U.S.C. 4917 and 49 U.S.C. 104, 501 et seq., 521 et seq., 5101 et seq.,
5113, 5901 et seq., 31101-31104, 31108, 31131 et seq., 31161, 31301 et
seq., 31501 et seq.; and 49 CFR 1.48, the FHWA amends title 49, Code of
Federal Regulations, Chapter III, as follows:
CHAPTER III--[AMENDED]
1. Chapter III is amended by substituting the term ``he/she'' for
each appearance of the word ``he'' in the chapter except in the phrase
``he or she.''
2. Chapter III is amended by substituting the term ``his/her'' for
each appearance of the word ``his'' in the chapter except in the phrase
``his or her.''
3. Chapter III is amended by substituting the term ``him/her'' for
each appearance of the word ``him'' in the chapter except in the phrase
``him or her.''
4. Chapter III is amended by substituting the term ``himself/
herself'' for each appearance of the word ``himself'' in the chapter.
[[Page 38743]]
Secs. 325.13, 388.5, and Appendix B [Amended]
5. In the list below, for each section indicated in the left
column, remove the title indicated in the middle column wherever it
appears in the section, and add the title indicated in the right
column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
325.13(d)(3)........... Bureau of Motor Carrier Office of Motor
Safety. Carriers.
388.5(a)............... Bureau of Motor Carrier Office of Motor
Safety. Carriers.
Appendix B to Bureau of Motor Carrier Office of Motor
Subchapter B, Safety (BMCS). Carriers.
paragraph 3.
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6. Section 325.93 is amended by revising paragraph (b) to read as
follows:
Sec. 325.93 Tires.
* * * * *
(b) Paragraph (a) of this section does not apply to a motor vehicle
operated on a tire having a tread pattern of the type specified in that
paragraph, if the motor carrier who operates the motor vehicle
demonstrates to the satisfaction of the Associate Administrator for
Motor Carriers or his/her designee that either--
(1) The tire did not have that type of tread pattern when it was
originally manufactured or newly remanufactured; or
(2) The motor vehicle generates a maximum sound level reading of 90
dB(A) or less when measured at a standard test site for highway
operations at a distance of 15.3 meters (50 feet) and under the
following conditions:
(i) The measurement must be made at a time and place and under
conditions specified by the Associate Administrator or his/her
designee.
(ii) The motor vehicle must be operated on the same tires that were
installed on it when the inspection specified in paragraph (a) of this
section occurred.
(iii) The motor vehicle must be operated on a highway having a
posted speed limit of more than 56.3 kph (35 mph).
(iv) The sound level measurement must be made while the motor
vehicle is operating at the posted speed limit.
PART 350--[AMENDED]
7. The authority citation for part 350 is revised to read as
follows:
Authority: 49 U.S.C. 31101-31104, 31108, 31136, 31140-31141,
31161, 31310-31311, 31502; and 49 CFR 1.48.
8. In part 350, appendix C, paragraph 3(e) is revised to read as
follows:
Appendix C to Part 350--Tolerance Guidelines for Adopting
Compatible State Rules and Regulations
* * * * *
3. Tolerance Guidelines for State Rules and Regulations Where
the U.S. Department of Transportation Regulations do not Apply
* * * * *
(e) Regulatory exemptions based on the distance a motor carrier or
driver operates from their home terminal are not deemed to be
compatible. This prohibition does not apply to those exemptions already
contained in the Federal Motor Carrier Safety Regulations nor to the
extension of the mileage radius exemption contained in 49 CFR 395.1(e)
from 100 to 150 miles.
* * * * *
9. Section 350.3 is amended by revising the definition for Motor
carrier to read as follows:
Sec. 350.3 Definitions.
* * * * *
Motor carrier has the same meaning such term has in Sec. 390.5.
* * * * *
PART 382--[AMENDED]
10. The authority citation for part 382 is revised to read as
follows:
Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; and 49
CFR 1.48.
PART 385--[AMENDED]
11. The authority citation for part 385 is revised to read as
follows:
Authority: 49 U.S.C. 104, 504, 521(b)(5)(A), 5113, 31136, 31144,
31502; and 49 CFR 1.48.
Sec. 385.23 [Amended]
12. Section 385.23 is amended by removing the reference
``Sec. 385.23'' and replacing it with ``Sec. 385.21.''
PART 387--[AMENDED]
13. The authority citation for part 387 is revised to read as
follows:
Authority: 49 U.S.C. 31138 and 31139; and 49 CFR 1.48.
Sec. 387.31 [Amended]
14. Section 387.31 is amended by removing paragraph (b)(3)(i) and
redesignating paragraphs (b)(3) (ii) and (iii) as paragraphs (b)(3) (i)
and (ii), respectively.
PART 390--[AMENDED]
15. The authority citation for Part 390 is revised to read as
follows:
Authority: 49 U.S.C. 5901-5907, 31132, 31133, 31136, 31502, and
31504; and 49 CFR 1.48.
16. Section 390.5 is amended by revising paragraph (1)(iii) of the
definition of Accident; by replacing the word ``vehicle'' with ``motor
vehicle'' in two places in the definition of Charter transportation of
passengers; by replacing the word ``vehicle'' with ``motor vehicle'' in
four places in the definition of Commercial motor vehicle except in the
phrase ``gross vehicle weight rating''; by replacing the words ``wheels
of the vehicle'' with ``wheels of the motor vehicle'' in the definition
of Driveaway-towaway operation; by replacing the word ``vehicles'' with
``motor vehicles'' in paragraph (2) of the definition of Emergency; by
replacing the word ``vehicle'' with ``commercial motor vehicle'' and
replacing the reference ``Sec. 390.3(g)'' with ``Sec. 391.2(d)'' in the
definition of Exempt intracity zone; by replacing the words ``vehicle''
and ``motor vehicle'' with ``commercial motor vehicle'' in four places
in the definition of Farm-to-market agricultural transportation; by
replacing the words ``vehicle'' and ``motor vehicle'' with ``commercial
motor vehicle'' in two places in the definition of Farm vehicle driver;
by replacing the word ``vehicle'' with ``motor vehicle'' in the
definition of Gross combination weight rating; by replacing the words
``single vehicle'' with ``single motor vehicle'' in the definition of
Gross vehicle weight rating; by replacing the words ``transport
vehicle'' with ``transport motor vehicle'' in the definition of
Hazardous substance; by replacing the word ``vehicle'' with
``commercial motor vehicle'' in two places in the definition of Radar
detector; by replacing the words ``towing unit'' and ``towing vehicle''
with ``towing motor vehicle'' in four places in the definition of
Trailer; by replacing the word ``motor vehicle'' with ``commercial
motor vehicle'' in the definition of Truck; by replacing the word
``motor vehicle'' with ``commercial motor vehicle'' in the definition
of Truck tractor. Section 390.5 is further amended by revising the
definition of Employee and the definition of Principal place of
business to read as follows:
Sec. 390.5 Definitions.
* * * * *
Accident means--
(1) * * *
(iii) One or more motor vehicles incurring disabling damage as a
result of the accident, requiring the motor vehicle to be transported
away from the
[[Page 38744]]
scene by a tow truck or other motor vehicle.
* * * * *
Employee means any individual, other than an employer, who is
employed by an employer and who in the course of his or her employment
directly affects commercial motor vehicle safety. Such term includes a
driver of a commercial motor vehicle (including an independent
contractor while in the course of operating a commercial motor
vehicle), a mechanic, and a freight handler. Such term does not include
an employee of the United States, any State, any political subdivision
of a State, or any agency established under a compact between States
and approved by the Congress of the United States who is acting within
the course of such employment.
* * * * *
Principal place of business means a single location designated by
the motor carrier, normally its headquarters, where records required by
parts 387, 390, 391, and 395 of this subchapter will be maintained and
where records required by part 382 must be made available for
inspection within two business days after a request has been made by an
authorized representative of the Federal Highway Administration.
Provisions in this subchapter are made for maintaining certain records
at locations other than the principal place of business.
* * * * *
Sec. 390.7 [Amended]
17. Section 390.7(a) is amended by removing paragraph (a)(3) and
redesignating paragraph (a)(4) as paragraph (a)(3).
Sec. 390.15 [Amended]
18. Section 390.15(b)(1)(vi) is amended by replacing the word
``vehicles'' with ``motor vehicles.''
Sec. 390.19 [Amended]
19. Section 390.19 is amended by replacing the words ``motor
vehicles'' with ``commercial motor vehicles.''
Sec. 390.21 [Amended]
20. In Sec. 390.21, amend paragraphs (b)(1), (b)(2), (b)(4),
(b)(5), (c)(1), (c)(3), (d), (e)(1), (e)(2) introductory text,
(e)(2)(ii), (e)(2)(iv)(B)(2), (e)(2)(iv)(C), and (e)(2)(v) by replacing
the words ``vehicle'' and ``motor vehicle'' with ``commercial motor
vehicle.''
Sec. 390.23 [Amended]
21. Section 390.23(a)(3)(i) is amended by replacing the word
``vehicles'' with ``motor vehicles.''
22. Section 390.23(b) is amended by replacing the words ``driver or
vehicle'' with ``driver or commercial motor vehicle.''
Sec. 390.27 [Amended]
23. Section 390.27 is amended by revising the section heading to
read ``Locations of regional offices of motor carriers.''.
Sec. 390.33 [Amended]
24. Section 390.33 is amended by revising the section heading to
read ``Commercial motor vehicles used for purposes other than
defined.'' ; and by replacing the words ``motor vehicle'' with
``commercial motor vehicle'' in seven places in the text of the
section.
PART 391--[AMENDED]
25. The authority citation for part 391 is revised to read as
follows:
Authority: 49 U.S.C. 504, 31133, 31136, and 31502; and 49 CFR
1.48.
Secs. 391.1, 391.11, 391.15, 391.21, 391.25, 391.31, 391.33, 391.41,
391.43, 391.49, 391.51, 391.61, 391.63, 391.65, 391.67, 391.69, 391.71,
and 391.73 [Amended]
26. In part 391, make nomenclature changes as follows:
(a) In the list below, for each section indicated in the left
column, remove the word or words indicated in the middle column
wherever they appear in the section, and add the words indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
391.1(a)............... Motor vehicles......... Commercial motor
vehicles.
391.11(a).............. Motor vehicle (in four Commercial motor
places). vehicle.
391.11(b) introductory Motor vehicle.......... Commercial motor
paragraph. vehicle.
391.11(b)(3)........... Motor vehicle.......... Commercial motor
vehicle.
391.11(b)(4)........... Motor vehicle (in two Commercial motor
places). vehicle.
391.11(b)(5)........... Motor vehicle.......... Commercial motor
vehicle.
391.11(b)(6)........... Motor vehicle.......... Commercial motor
vehicle.
391.11(b)(9)........... Motor vehicle.......... Commercial motor
vehicle.
391.15(c)(2)(ii)....... Motor vehicle.......... Commercial motor
vehicle.
391.15(c)(2)(v)........ Motor vehicle.......... Commercial motor
vehicle.
391.21(a).............. Motor vehicle.......... Commercial motor
vehicle.
391.21(b)(5)........... Motor vehicle.......... Commercial motor
vehicle.
391.25................. Motor vehicle.......... Commercial motor
vehicle.
391.31(a).............. Motor vehicle.......... Commercial motor
vehicle.
391.31(b).............. Vehicle................ Commercial motor
vehicle.
391.31(c) introductory Motor vehicle (in two Commercial motor
paragraph. places). vehicle.
391.31(c)(3)........... Vehicle................ Commercial motor
vehicle.
391.31(c)(4)........... Vehicles............... Commercial motor
vehicles.
391.31(c)(5)........... Vehicle................ Commercial motor
vehicle.
391.31(c)(5)........... Vehicles............... Motor vehicles.
391.31(c)(6)........... Vehicle................ Commercial motor
vehicle.
391.31(c)(7)........... Vehicle................ Commercial motor
vehicle.
391.31(c)(8)........... Vehicle................ Commercial motor
vehicle.
391.33(a) introductory Motor vehicle.......... Commercial motor
paragraph. vehicle.
391.33(a)(1)........... Motor vehicles......... Commercial motor
vehicles.
391.33(a)(1)........... Motor vehicle.......... Commercial motor
vehicle.
391.41(a).............. Motor vehicle (in two Commercial motor
places). vehicle.
391.41(b) introductory Motor vehicle.......... Commercial motor
paragraph. vehicle.
391.41(b)(2)(ii)....... Motor vehicle (in two Commercial motor
places). vehicle.
391.41(b)(5)........... Motor vehicle.......... Commercial motor
vehicle.
391.41(b)(6)........... Motor vehicle.......... Commercial motor
vehicle.
391.41(b)(7)........... Motor vehicle.......... Commercial motor
vehicle.
391.41(b)(8)........... Motor vehicle.......... Commercial motor
vehicle.
391.41(b)(9)........... Motor vehicle.......... Commercial motor
vehicle.
[[Page 38745]]
391.41(b)(12).......... Motor vehicle.......... Commercial motor
vehicle.
391.43(f).............. Motor vehicle.......... Commercial motor
vehicle.
391.49(a).............. Motor vehicle (in two Commercial motor
places). vehicle.
391.49(d)(3)(i)(A)..... Motor vehicle.......... Commercial motor
vehicle.
391.49(e)(4)........... Motor vehicle.......... Commercial motor
vehicle.
391.49(g).............. Motor vehicle(s)....... Commercial motor
vehicle(s).
391.51(b)(1)........... Motor vehicle.......... Commercial motor
vehicle.
391.51(b)(5)........... Motor vehicle.......... Commercial motor
vehicle.
391.51(d)(1)........... Motor vehicle.......... Commercial motor
vehicle.
391.51(d)(3)........... Motor vehicle.......... Commercial motor
vehicle.
391.51(e).............. Motor vehicle.......... Commercial motor
vehicle.
391.51(h)(1)........... Motor vehicle.......... Commercial motor
vehicle.
391.61................. Motor vehicle.......... Commercial motor
vehicle.
391.63(a) introductory Motor vehicle.......... Commercial motor
paragraph. vehicle.
391.63(b).............. Motor vehicle (in two Commercial motor
places). vehicle.
391.65(a)(2)........... Motor vehicle.......... Commercial motor
vehicle.
391.65(a)(2)(iv)....... Motor vehicle.......... Commercial motor
vehicle.
391.65(a)(2)(vii) in Vehicle................ Commercial motor
the form. vehicle.
391.67 introductory Articulated motor Articulated commercial
paragraph. vehicle. motor vehicle.
391.69................. Motor vehicle.......... Commercial motor
vehicle.
391.71(a) introductory Motor vehicle.......... Commercial motor
paragraph. vehicle.
391.71(b) introductory Vehicle................ Commercial motor
paragraph. vehicle.
391.73................. Motor vehicle.......... Commercial motor
vehicle.
------------------------------------------------------------------------
(b) In Sec. 391.43(e) in the ``Instructions for Performing and
Recording Physical Examinations'' under the headings General
information, Throat, Blood pressure, Abnormal masses, Tenderness,
Genito-urinary, Extremities, and Diabetes replace the words ``motor
vehicle'' with the words ``commercial motor vehicle'' each place they
appear.
27. Section 391.2 is amended by revising paragraphs (a), (b), (c)
and (d)(4) to read as follows:
Sec. 391.2 General exemptions.
(a) Farm custom operation. The rules in this part do not apply to a
driver who drives a commercial motor vehicle controlled and operated by
a person engaged in custom-harvesting operations, if the commercial
motor vehicle is used to--
(1) Transport farm machinery, supplies, or both, to or from a farm
for custom-harvesting operations on a farm; or
(2) Transport custom-harvested crops to storage or market.
(b) Apiarian industries. The rules in this part do not apply to a
driver who is operating a commercial motor vehicle controlled and
operated by a beekeeper engaged in the seasonal transportation of bees.
(c) Certain farm vehicle drivers. The rules in this part do not
apply to a farm vehicle driver except a farm vehicle driver who drives
an articulated (combination) commercial motor vehicle, as defined in
Sec. 390.5. (For limited exemptions for farm vehicle drivers of
articulated commercial motor vehicles, see Sec. 391.67.)
(d) * * *
(4) Does not operate a commercial motor vehicle used in the
transportation of hazardous materials in a quantity requiring
placarding under regulations issued by the Secretary under the
Hazardous Materials Transportation Act (49 U.S.C. 5101 et seq.); and
* * * * *
28. Section 391.11 is amended by revising paragraph (b)(7) to read
as follows:
Sec. 391.11 Qualifications of drivers.
* * * * *
(b) * * *
(7) Has a currently valid commercial motor vehicle operator's
license issued only from one State or jurisdiction.
* * * * *
29. Footnote number one in Secs. 391.15(c)(2)(ii) and (iii) and in
Sec. 391.41(b)(12) is revised to read ``\1\ A copy of the Schedule I
drugs and other substances may be obtained by writing to the Director,
Office of Motor Carrier Research and Standards, Washington, DC 20590,
or to any Regional Office of Motor Carriers of the Federal Highway
Administration at the address given in Sec. 390.27 of this
subchapter.''
30. Section 391.15(d)(2)(iv) is revised to read as follows:
Sec. 391.15 Disqualification of drivers.
* * * * *
(d) * * *
(2) * * *
(iv) Special rule for hazardous materials and passenger offenses. A
driver is disqualified for a period of not less than 180 days nor more
than two years if the driver is convicted of a first violation of an
out-of-service order while transporting hazardous materials required to
be placarded under the Hazardous Materials Transportation Act (49
U.S.C. 5101 et seq.), or while operating commercial motor vehicles
designed to transport more than 15 passengers, including the driver. A
driver is disqualified for a period of not less than three years nor
more than five years if, during any 10-year period, the driver is
convicted of any subsequent violations of out-of-service orders, in
separate incidents, while transporting hazardous materials required to
be placarded under the Hazardous Materials Transportation Act, or while
operating commercial motor vehicles designed to transport more than 15
passengers, including the driver.
31. In Sec. 391.27, the form in paragraph (c) is revised to read as
follows:
Sec. 391.27 Record of violations.
* * * * *
(c) * * *
Driver's Certification
I certify that the following is a true and complete list of
traffic violations (other than parking violations) for which I have
been convicted or forfeited bond or collateral during the past 12
months.
Date of conviction Offense
Location Type of motor vehicle operated
If no violations are listed above, I certify that I have not
been convicted or forfeited bond or collateral on account of any
violation required to be listed during the past 12 months.
(Date of certification) (Driver's signature)
(Motor carrier's name)
(Motor carrier's address)
(Reviewed by: Signature) (Title)
[[Page 38746]]
32. Part 391 is amended by revising the heading for subpart D to
read ``Tests''.
33. In Sec. 391.43, the text of paragraph (g) preceding the
certificate is revised to read as follows:
Sec. 391.43 Medical examination; certificate of physical examination.
* * * * *
(g) The medical examiner's certificate shall be substantially in
accordance with the following form:
* * * * *
34. In Sec. 391.47, paragraphs (c), (d) (1) and (2), and (f) are
amended by replacing the word ``Director'' with ``Director, Office of
Motor Carrier Research and Standards.''
35. Section 391.49 is amended by revising paragraphs (c)(2)(v),
(c)(3) introductory text, and (c)(3) (vii) and (viii) to read as
follows:
Sec. 391.49 Waiver of certain physical defects.
* * * * *
(c) * * *
(2) * * *
(v) Number of years experience operating the type of commercial
motor vehicle(s) requested in the letter of application and total years
of experience operating all types of motor vehicles.
(3) Description of the commercial motor vehicle(s) the driver
applicant intends to drive:
* * * * *
(vii) For commercial motor vehicles designed to transport
passengers, indicate the seating capacity of the commercial motor
vehicle; and
(viii) Description of any modification(s) made to the commercial
motor vehicle for the driver applicant; attach photograph(s) where
applicable.
* * * * *
Sec. 391.67 [Amended]
36. Section 391.67 is amended by revising the section heading to
read ``Farm vehicle drivers of articulated commercial motor vehicles.''
; and by removing paragraph (d) and redesignating paragraph (e) as
paragraph (d).
37. Section 391.68 is revised to read as follows:
Sec. 391.68 Private motor carrier of passengers (nonbusiness).
The following rules in this part do not apply to a private motor
carrier of passengers (nonbusiness) and their drivers:
(a) Section 391.11 (b)(8), (b)(10), and (b)(11), (relating to
driver qualifications in general).
(b) Subpart C (relating to disclosure of, investigation into, and
inquiries about the background, character, and driving record of,
drivers).
(c) Subpart D (relating to road tests).
(d) So much of Secs. 391.41 and 391.45 as require a driver to be
medically examined and to have a medical examiner's certificate on his/
her person.
(e) Subpart F (relating to maintenance of files and records).
(f) Subpart H (relating to controlled substances testing).
Sec. 391.71 [Amended]
38. Section 391.71 is amended by revising the section heading to
read ``Intrastate drivers of commercial motor vehicles transporting
Class 3 combustible liquids.''
Sec. 391.85 [Amended]
39. Section 391.85 is amended in the definition of Commercial motor
vehicle by replacing the word ``vehicle'' with ``motor vehicle'' in
each of the four places it appears.
PART 392--[AMENDED]
40. The authority citation for part 392 continues to read as
follows:
Authority: 49 U.S.C. 31136 and 31502; and 49 CFR 1.48.
41. Part 392 is amended by revising the part heading to read
``Driving of Commercial Motor Vehicles''; by revising the heading for
subpart B to read ``Driving of Commercial Motor Vehicles''; and by
revising the heading for subpart C to read ``Stopped Commercial Motor
Vehicles''.
Sec. 392.4 [Amended]
42. In Sec. 392.4(a)(1), footnote number one is revised to read
``\1\ A copy of the Schedule I drugs and other substances may be
obtained by writing to the Director, Office of Motor Carrier Research
and Standards, Washington, DC 20590, or to any Regional Office of Motor
Carriers of the Federal Highway Administration at the address given in
Sec. 390.27 of this subchapter.''
Secs. 392.1, 392.2, 392.3, 392.4, 392.6, 392.7, 392.8, 392.9, 392.10,
392.11, 392.13, 392.14, 392.15, 392.16, 392.20, 392.22, 392.24, 392.33,
392.50, 392.51, 392.63, 392.64, 392.66, 392.67, and 392.68 [Amended]
43. In the list below, for each section indicated in the left
column, remove the word or words indicated in the middle column
wherever they appear in the section, and add the words indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
392.1.................. Motor vehicles......... Commercial motor
vehicles.
392.2.................. Motor vehicle.......... Commercial motor
vehicle.
392.3.................. Vehicle................ Commercial motor
vehicle.
392.3.................. Motor vehicle (in four Commercial motor
places). vehicle.
392.4(a)(4)............ Motor vehicle.......... Commercial motor
vehicle.
392.4(c)............... Motor vehicle.......... Commercial motor
vehicle.
392.6.................. Motor vehicle.......... Commercial motor
vehicle.
392.6.................. Vehicle (in two places) Commercial motor
vehicle.
392.7.................. Motor vehicle.......... Commercial motor
vehicle.
392.8.................. Motor vehicle.......... Commercial motor
vehicle.
392.9(a) Introductory Motor vehicle (in two Commercial motor
paragraph. places). vehicle.
392.9(a)(1)............ Vehicle's.............. Commercial motor
vehicle's.
392.9(a)(2)............ Vehicle's (in two Commercial motor
places). vehicle's.
392.9(a)(3)............ Vehicle's (in two Commercial motor
places). vehicle's.
392.9(b)(1)............ Vehicle................ Commercial motor
vehicle.
392.9(b)(2)............ Vehicle's (in two Commercial motor
places). vehicle's.
392.9(b)(3)............ Vehicle's (in two Commercial motor
places). vehicle's.
392.9(b)(3)(ii)........ Vehicle................ Commercial motor
vehicle.
392.9(b)(3)(iii)....... Vehicle................ Commercial motor
vehicle.
392.9(b)(4)............ Vehicle (in two places) Commercial motor
vehicle.
392.10(a) introductory Motor vehicle.......... Commercial Motor
paragraph. vehicle.
392.10(a) introductory Vehicle (in three Commercial motor
paragraph. places). vehicle.
392.10(a)(2)........... Motor vehicle.......... Commercial motor
vehicle.
392.10(a)(3)........... Motor vehicle.......... Commercial motor
vehicle.
[[Page 38747]]
392.10(b)(3)........... Vehicle................ Commercial motor
vehicle.
392.11................. Motor vehicle (in two Commercial motor
places). vehicle.
392.13................. Motor vehicle (in two Commercial motor
places). vehicle.
392.14................. Motor vehicle (in two Commercial motor
places). vehicle.
392.14................. Vehicle (in two places. Commercial motor
vehicle.
392.15(a).............. Motor vehicle, vehicle. Commercial motor
vehicle.
392.15(b).............. Vehicle (in two places) Commercial motor
vehicle.
392.15(c).............. Vehicle (in two places. Commercial motor
vehicle.
392.15(d).............. Vehicles............... Commercial motor
vehicles.
392.15(e).............. Vehicles............... Motor vehicles.
392.16................. Motor vehicle.......... Commercial motor
vehicle.
392.20................. Motor vehicle, vehicle. Commercial motor
vehicle.
392.22(a).............. Motor vehicle.......... Commercial motor
vehicle.
392.22(a).............. Vehicle (in three Commercial motor
places). vehicle.
392.22(b)(1) Vehicle (in two places) Commercial motor
introductory text. vehicle.
392.22(b)(1)(i)........ Vehicle (in two places) Commercial motor
vehicle.
392.22(b)(1)(ii)....... Vehicle (in two places) Commercial motor
vehicle.
392.22(b)(1)(iii)...... Vehicle (in two places) Commercial motor
vehicle.
392.22(b)(2)(i)........ Vehicle (in two places) Commercial motor
vehicle.
392.22(b)(2)(ii)....... Vehicle................ Commercial motor
vehicle.
392.22(b)(2)(iii)...... Vehicle................ Commercial motor
vehicle.
392.22(b)(2)(iv)....... Motor vehicle, vehicle. Commercial motor
vehicle.
392.22(b)(2)(v)........ Motor vehicle.......... Commercial motor
vehicle.
392.22(b)(2)(v)........ Vehicle (in three Commercial motor
places). vehicle.
392.22(b)(2)(vi)....... Motor vehicle.......... Commercial motor
vehicle.
392.24................. Motor vehicle.......... Commercial motor
vehicle.
392.33................. Motor vehicle.......... Commercial motor
vehicle.
392.50(a).............. Motor vehicle, vehicle. Commercial motor
vehicle.
392.50(b).............. Vehicle................ Commercial motor
vehicle.
392.50(c).............. Motor vehicle.......... Commercial motor
vehicle.
392.51................. Motor vehicle (in two Commercial motor
places). vehicle.
392.63................. Vehicle................ Motor vehicle.
392.64................. Motor vehicle.......... Commercial motor
vehicle.
392.67................. Vehicle................ Commercial motor
vehicle.
392.68................. Motor vehicle.......... Commercial motor
vehicle.
------------------------------------------------------------------------
Sec. 392.13 [Amended]
44. Section 392.13 is amended by revising the section heading to
read ``Drawbridges; slowing down of commercial motor vehicles.'' and by
deleting the word ``other'' in the text of the section.
Sec. 392.20 [Amended]
45. Section 392.20 is amended by revising the section heading to
read ``Unattended commercial motor vehicles; precautions.''
Sec. 392.22 [Amended]
46. Section 392.22 is amended by revising the section heading to
read ``Emergency signals; stopped commercial motor vehicles.''
Sec. 392.25 [Amended]
47. Section 392.25 is amended by replacing the words ``motor
vehicle'' each place they appear, except in the term ``cargo tank motor
vehicle,'' with the words ``commercial motor vehicle.''
48. Section 392.60 is revised to read as follows:
Sec. 392.60 Unauthorized persons not to be transported.
(a) Unless specifically authorized in writing to do so by the motor
carrier under whose authority the commercial motor vehicle is being
operated, no driver shall transport any person or permit any person to
be transported on any commercial motor vehicle other than a bus. When
such authorization is issued, it shall state the name of the person to
be transported, the points where the transportation is to begin and
end, and the date upon which such authority expires. No written
authorization, however, shall be necessary for the transportation of:
(1) Employees or other persons assigned to a commercial motor
vehicle by a motor carrier;
(2) Any person transported when aid is being rendered in case of an
accident or other emergency;
(3) An attendant delegated to care for livestock.
(b) This section shall not apply to the operation of commercial
motor vehicles controlled and operated by any farmer and used in the
transportation of agricultural commodities or products thereof from
his/her farm or in the transportation of supplies to his/her farm.
49. Section 392.64 is amended by revising the section heading to
read ``Riding within closed commercial motor vehicles without proper
exits.''
50. Section 392.66 is revised to read as follows:
Sec. 392.66 Carbon monoxide; use of commercial motor vehicle when
detected.
(a) No person shall dispatch or drive any commercial motor vehicle
or permit any passengers thereon, when the following conditions are
known to exist, until such conditions have been remedied or repaired:
(1) Where an occupant has been affected by carbon monoxide;
(2) Where carbon monoxide has been detected in the interior of the
commercial motor vehicle;
(3) When a mechanical condition of the commercial motor vehicle is
discovered which would be likely to produce a hazard to the occupants
by reason of carbon monoxide.
(b) [Reserved]
Sec. 392.67 [Amended]
51. Section 392.67 is amended by revising the section heading to
read ``Heater, flame-producing; on commercial motor vehicle in
motion.''
PART 395--[AMENDED]
52. The authority citation for part 395 is revised to read as
follows:
[[Page 38748]]
Authority: 49 U.S.C. 31133, 31136, and 31502; and 49 CFR 1.48.
53. Section 395.1(b) is revised to read as follows:
Sec. 395.1 Scope of rules in this part.
* * * * *
(b) Adverse driving conditions. (1) Except as provided in paragraph
(i)(2) of this section, a driver who encounters adverse driving
conditions, as defined in Sec. 395.2, and cannot, because of those
conditions, safely complete the run within the 10-hour maximum driving
time permitted by Sec. 395.3(a) may drive and be permitted or required
to drive a commercial motor vehicle for not more than 2 additional
hours in order to complete that run or to reach a place offering safety
for the occupants of the commercial motor vehicle and security for the
commercial motor vehicle and its cargo. However, that driver may not
drive or be permitted to drive--
(i) For more than 12 hours in the aggregate following 8 consecutive
hours off duty; or
(ii) After he/she has been on duty 15 hours following 8 consecutive
hours off duty.
(2) Emergency conditions. In case of any emergency, a driver may
complete his/her run without being in violation of the provisions of
the regulations in this part, if such run reasonably could have been
completed absent the emergency.
* * * * *
54. Section 395.1(d)(2) is amended by replacing the words
``specially constructed oil well servicing vehicles'' with ``commercial
motor vehicles which are specially constructed to service oil wells.''
Sec. 395.2 [Amended]
55. Section 395.2 is amended by replacing the word ``vehicle'' with
``commercial motor vehicle'' in the definition of Automatic on-board
recording device; by replacing the word ``vehicle'' with ``commercial
motor vehicle'' each place it appears in paragraphs (5) and (6) of the
definition of On duty time; and by redesignating paragraph (10) as
paragraph (9) of the definition of On duty time.
56. In Sec. 395.3, the section heading and paragraph (b) are
revised to read as follows:
Sec. 395.3 Maximum driving time.
* * * * *
(b) No motor carrier shall permit or require a driver of a
commercial motor vehicle to drive, nor shall any driver drive,
regardless of the number of motor carriers using the driver's services,
for any period after--
(1) Having been on duty 60 hours in any 7 consecutive days if the
employing motor carrier does not operate commercial motor vehicles
every day of the week; or
(2) Having been on duty 70 hours in any period of 8 consecutive
days if the employing motor carrier operates commercial motor vehicles
every day of the week.
57. Section 395.8 is amended by revising paragraphs (f)(5) and (6);
and paragraphs (h)(2) through (h)(4) to read as follows:
Sec. 395.8 Driver's record of duty status.
* * * * *
(f) * * *
(5) Commercial motor vehicle identification. The driver shall show
the number assigned by the motor carrier or State and the license
number of each commercial motor vehicle operated during each 24-hour
period on his/her record of duty status. The driver of an articulated
(combination) commercial motor vehicle shall show the number assigned
by the motor carrier or the State and the license number of each motor
vehicle used in each commercial motor vehicle combination operated
during that 24-hour period on his/her record of duty status.
(6) Name of motor carrier. The name(s) of the motor carrier(s) for
which work is performed shall be shown on the form containing the
driver's record of duty status. When work is performed for more than
one motor carrier during the same 24-hour period, the beginning and
finishing time, showing a.m. or p.m., worked for each motor carrier
shall be shown after each motor carrier's name. Drivers of leased
commercial motor vehicles shall show the name of the motor carrier
performing the transportation.
* * * * *
(h) * * *
(2) Sleeper berth. A continuous line shall be drawn between the
appropriate time markers to record the period(s) of time off duty
resting in a sleeper berth, as defined in Sec. 395.2. (If a non-sleeper
berth operation, sleeper berth need not be shown on the grid.)
(3) Driving. A continuous line shall be drawn between the
appropriate time markers to record the period(s) of driving time, as
defined in Sec. 395.2.
(4) On duty not driving. A continuous line shall be drawn between
the appropriate time markers to record the period(s) of time on duty
not driving specified in Sec. 395.2.
* * * * *
Sec. 395.8 [Amended]
58. The paragraph Graph Grid (Midnight to Midnight Operation)
following the executed specimen grid illustration at Sec. 395.8(k)(2)
is amended by replacing the term ``vehicle condition report'' with the
term ``driver vehicle inspection report.''
Sec. 395.13 [Amended]
59. In the list below, for each section indicated in the left
column, remove the word or words indicated in the middle column
wherever they appear in the section, and add the words indicated in the
right column:
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
395.13(c)(1)(i)........ Motor vehicle.......... Commercial motor
vehicle.
395.13(c)(1)(ii)....... Motor vehicle.......... Commercial motor
vehicle.
395.13(d)(1)........... Motor vehicle.......... Commercial motor
vehicle.
395.13(d)(2)........... Motor vehicle.......... Commercial motor
vehicle.
395.13(d)(4)........... Motor vehicles......... Commercial motor
vehicles.
------------------------------------------------------------------------
60. Section 395.15 is amended by revising paragraphs (d)(2), the
introductory text of paragraph (g); paragraphs (i)(2), (4), and (7);
and paragraph (j)(2)(iv) to read as follows:
Sec. 395.15 Automatic on-board recording devices.
* * * * *
(d) * * *
(2) Motor carriers are permitted to use location codes in lieu of
the requirements of paragraph (d)(1) of this section. A list of such
codes showing all possible location identifiers shall be carried in the
cab of the commercial motor vehicle and available at the motor
carrier's principal place of business. Such lists shall be made
available to an enforcement official on request.
* * * * *
(g) On-board information. Each commercial motor vehicle must have
on-board the commercial motor vehicle
[[Page 38749]]
an information packet containing the following items:
* * * * *
(i) * * *
(2) The automatic on-board recording device permits duty status to
be updated only when the commercial motor vehicle is at rest, except
when registering the time a commercial motor vehicle crosses a State
boundary;
* * * * *
(4) The automatic on-board recording device warns the driver
visually and/or audibly that the device has ceased to function. Devices
installed and operational as of October 31, 1988, and authorized to be
used in lieu of the handwritten record of duty status by the FHWA are
exempted from this requirement.
* * * * *
(7) The on-board recording device/system identifies sensor failures
and edited data when reproduced in printed form. Devices installed and
operational as of October 31, 1988, and authorized to be used in lieu
of the handwritten record of duty status by the FHWA are exempted from
this requirement.
* * * * *
(j) * * *
(2) * * *
(iv) The motor carrier or driver has tampered with or otherwise
abused the automatic on-board recording device on any commercial motor
vehicle.
PART 396--[AMENDED]
61. The authority citation for part 396 is revised to read as
follows:
Authority: 49 U.S.C. 31133, 31136, and 31502; 49 CFR 1.48.
62. Section 396.23 is amended by revising paragraph (a) to read as
follows:
Sec. 396.23 Equivalent to periodic inspection.
(a) The motor carrier may meet the requirements of Sec. 396.17
through a State or other jurisdiction's roadside inspection program.
The inspection must have been performed during the preceding 12 months.
In using the roadside inspection, the motor carrier would need to
retain a copy of an annual inspection report showing that the
inspection was performed in accordance with the minimum periodic
inspection standards set forth in appendix G to this subchapter. When
accepting such an inspection report, the motor carrier must ensure that
the report complies with the requirements of Sec. 396.21(a).
* * * * *
PART 397--[AMENDED]
63. The authority citation for part 397 continues to read as
follows:
Authority: 49 U.S.C. 5101 et seq.; and 49 CFR 1.48.
64. Section 397.1 is amended by revising paragraph (a) to read as
follows:
Sec. 397.1 Application of the rules in this part.
(a) The rules in this part apply to each motor carrier engaged in
the transportation of hazardous materials by a motor vehicle which must
be marked or placarded in accordance with Sec. 177.823 of this title
and to--
(1) Each officer or employee of the motor carrier who performs
supervisory duties related to the transportation of hazardous
materials; and
(2) Each person who operates or who is in charge of a motor vehicle
containing hazardous materials.
* * * * *
65. In appendix B to subchapter B, paragraph 3 is revised to read
as follows:
APPENDIX B TO SUBCHAPTER B--SPECIAL AGENTS
* * * * *
3. Definition of special agent. Federal Highway Administration
(FHWA) employees charged with enforcing 42 U.S.C. 4917 and 49 U.S.C.
104, 501 et seq., 521 et seq., 5101 et seq., 5901 et seq., 31101-
31104, 31108, 31131 et seq., 31161, 31301 et seq., and 31501 et
seq., including employees within the Office of Motor Carriers and
such other persons as the Federal Highway Administrator or the
Associate Administrator for Motor Carriers may specify in writing,
in possession of credentials issued by the FHWA, are special agents.
They are hereby authorized to inspect and copy records and to
inspect and examine lands, buildings, and equipment to the manner
and extent provided by law.
* * * * *
[FR Doc. 95-18382 Filed 7-27-95; 8:45 am]
BILLING CODE 4910-22-P
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