Minimum Levels of Financial Responsibility for Motor Carriers; Hours of Service of Drivers; Technical Amendments

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 387, 390, and 395

RIN 2125-AE07

Minimum Levels of Financial Responsibility for Motor Carriers;

Hours of Service of Drivers; Technical Amendments

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; technical amendments.

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SUMMARY: This document amends the financial responsibility regulations

to more broadly define the term State, and removes an unnecessary

definition for the term farm-to-market agricultural transportation from

the Federal Motor Carrier Safety Regulations (FMCSRs). This document

also revises the hours of service of drivers regulations to clarify the

requirement that a commercial motor vehicle (CMV) driver show either:

the number assigned by the motor carrier, or the license number and

licensing State of each CMV operated during a 24-hour period on his or

her record of duty status.

DATES: Effective on April 8, 1997.

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 FHWA has identified technical amendments that are needed to add

a broader definition for the term State to the financial responsibility

regulations at Sec. 387.5, and to remove an unnecessary definition for

the term farm-to-market agricultural transportation from the FMCSRs at

Sec. 390.5. This document also clarifies the requirement that a CMV

driver show either: (1) The number assigned by the motor carrier, or

(2) the license and licensing State of each CMV operated during a 24-

hour period on his or her record of duty status. The amendments are

discussed below.

Definitions (section 387.5)

The financial responsibility regulations for motor carriers of

property in subpart A of part 387, 49 CFR, implement section 30 of the

Motor Carrier Act of 1980 (1980 Act) (Pub. L. 96-296, 94 Stat. 793,

820, codified at 49 U.S.C. 31139). Section 387.5 of 49 CFR does not

include a definition for the term State. Unless specifically defined in

subchapter B, chapter III, 49 CFR, the definitions set forth in

Sec. 390.5 are applicable to all parts (including subpart A of part

387) in subchapter B.

Section 390.5 defines the term State as ``a State of the United

States and the District of Columbia and includes any political

subdivision of a State.'' The term State is defined at 49 U.S.C.

31139(a)(3), however, as ``a State of the United States, the District

of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and

the Northern Marianas.'' Thus, the regulatory definition for the term

State at Sec. 390.5 in the context of minimal levels of financial

responsibility for motor carriers of property, is narrower

[[Page 16708]]

than the term's corresponding statutory definition at 49 U.S.C.

31139(a). The omission of a regulatory definition for the term State in

subpart A of part 387 was an oversight by the FHWA and was not intended

to set the jurisdictional parameter of the financial responsibility

regulations for motor carriers of property at an extent less than the

scope authorized by the 1980 Act. Accordingly, a definition for the

term State, which is consistent with the term's statutory definition in

the 1980 Act at 49 U.S.C. 31139(a)(3), is being added to Sec. 387.5 in

order to fulfill the FHWA's intention to establish the jurisdictional

parameter of the financial responsibility regulations for motor

carriers of property at the fullest extent authorized by the 1980 Act.

Definitions (section 390.5)

Section 390.5 includes a definition for the term farm-to-market

agricultural transportation, but this term is no longer used at all in

subchapter B of chapter III, 49 CFR. On February 2, 1993, the FHWA

published a final rule in the Federal Register (58 FR 6726) which

removed the accident notification and reporting requirements for motor

carriers in part 394, 49 CFR, of the FMCSRs. The accidents that were

required to be reported were specified in the definition of the term

reportable accident, formerly at 49 CFR 394.3. Within paragraph (b)(3)

of this definition, an occurrence in the course of farm-to-market

agricultural transportation by a motor carrier was excluded as a

reportable accident.

The term farm-to-market agricultural transportation was formerly

defined in the FMCSRs at Sec. 394.5. On May 19, 1988 (53 FR 18042), the

definition for the term farm-to-market agricultural transportation was

moved from Sec. 394.5 to Sec. 390.5. Upon the removal of the accident

notification and reporting requirements from Sec. 394.3, the definition

for the term farm-to-market agricultural transportation in Sec. 390.5

was not removed as appropriate. The FHWA, therefore, is amending

Sec. 390.5 by removing the definition for the term farm-to-market

agricultural transportation because it is no longer necessary.

Driver's Record of Duty Status (Sec. 395.8)

The FHWA published a final rule, ``Zero Base Review of the Federal

Motor Carrier Safety Regulations; Correcting Amendments,'' at 60 FR

38748, on July 28, 1995, which amended Sec. 395.8(f)(5), 49 CFR. This

section requires a driver to record certain information which

identifies each CMV operated during a 24-hour period on his or her

record of duty status. The amendment was intended to replace the term

vehicle with the more appropriate term commercial motor vehicle and to

clarify that the requirement applied to bus drivers, but the amendment

included an error. Section 395.8(f)(5) was amended to require the

recording of the number assigned by the motor carrier or State, and the

license number of the CMV. The FHWA intended, however, to require a CMV

driver to show either: (1) The number assigned by the motor carrier, or

(2) the license number and licensing State of each CMV operated during

a 24-hour period on his or her record of duty status. Accordingly, the

FHWA is amending Sec. 395.8(f)(5) to be consistent with the FHWA's

intended requirement.

Rulemaking Analyses and Notices

This final rule makes only technical amendments to the Federal

Motor Carrier Safety Regulations. The FHWA believes that prior notice

and opportunity for comment are unnecessary because this rule merely

clarifies current regulations without making any substantive change in

those regulations. The FHWA, therefore, finds good cause to adopt this

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 amends 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, clarifying changes to the current regulations, this

rulemaking will not have an economic impact on the motor carrier

industry; therefore, a full regulatory evaluation is not required.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,

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, clarifying changes 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. The definition of

State added by this rule merely clarifies existing regulations by

incorporating the applicable statutory definition of State. No new

burdens or restrictions are placed on States as a result of this rule.

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 do not apply to this program.

Paperwork Reduction Act

This action does not create any new collection of information

requirement for purposes of the Paperwork Reduction Act of 1995, 44

U.S.C. 3501-3520.

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 Part 387

Hazardous materials transportation, Highways and roads, Insurance,

Motor carriers, Penalties, Reporting and recordkeeping requirements,

Surety bonds.

[[Page 16709]]

49 CFR Part 390

Highways and roads, Motor carriers, Motor vehicle safety, Reporting

and recordkeeping requirements.

49 CFR Part 395

Global positioning systems, Highways and roads, Intelligent

transportation systems, Motor carriers--driver hours of service, Motor

vehicle safety, Reporting and recordkeeping requirements.

Issued on: March 28, 1997.

Jane F. Garvey,

Acting Administrator, Federal Highway Administration.

In consideration of the foregoing, the FHWA amends title 49, Code

of Federal Regulations, chapter III, as follows:

PART 387--[AMENDED]

1. The authority citation for part 387 is revised to read as

follows:

Authority: 49 U.S.C. 13101, 13301, 13906, 14701, 31138, and

31139; and 49 CFR 1.48.

2. Section 387.5 is amended by adding the definition State, in

alphabetical order, to read as follows:

Sec. 387.5 Definitions.

* * * * *

State means a State of the United States, the District of Columbia,

Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern

Mariana Islands.

PART 390--[AMENDED]

3. The authority citation for part 390 continues to read as

follows:

Authority: 49 U.S.C. 13301, 13902, 31132, 31133, 31136, 31502,

31504, and sec. 204, Pub. L. 104-88, 109 Stat. 803, 941; 49 U.S.C.

201 note, and 49 CFR 1.48.

Sec. 390.5 [Amended]

4. Section 390.5 is amended by removing the definition for farm-to-

market agricultural transportation.

PART 395--[AMENDED]

5. The authority citation for part 395 continues to read as

follows:

Authority: 49 U.S.C. 31133, 31136, and 31502; sec. 345, Pub. L.

104-59, 109 Stat. 568, 613; and 49 CFR 1.48.

6. Section 395.8 is amended by revising paragraph (f)(5) 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 the license number and

licensing State 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 license number and

licensing State of each motor vehicle used in each commercial motor

vehicle combination operated during that 24-hour period on his/her

record of duty status.

* * * * *

[FR Doc. 97-8924 Filed 4-7-97; 8:45 am]

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