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[Federal Register: September 30, 2003 (Volume 68, Number 189)]
[Rules and Regulations]
[Page 56196-56208]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se03-17]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Parts 365, 374, 387, 391, 393, and 396
Motor Carrier Safety Regulations; Miscellaneous Technical
Amendments
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule; miscellaneous technical amendments.
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SUMMARY: This rule makes technical amendments to the Federal Motor
Carrier Safety Regulations (FMCSRs). These technical amendments were
needed to correct inadvertent errors and omissions, update mailing
addresses, remove obsolete references, and make minor editorial changes
to improve clarity and consistency. No substantive changes have been
made to the FMCSRs. The corrections are minor and will not have a
significant impact on a substantial number of small entities.
DATE: The technical amendments in this final rule are effective
September 30, 2003.
FOR FURTHER INFORMATION CONTACT: Ms. Janet Nunn, Office of Policy Plans
and
[[Page 56197]]
Regulations (MC-PRR), U.S. Department of Transportation, FMCSA, 400
Seventh Street, SW., Washington, DC 20590-0001. Telephone (202) 366-2797,
or e-mail janet.nunn@fmcsa.dot.gov.
SUPPLEMENTARY INFORMATION:
Availability of Final Rule Technical Amendments
You can view, print, and download an electronic copy of this
document in PDF or HTML formats through FMCSA's Web site:
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&
to=http://www.fmcsa.dot.gov/rules_regulations/rules_regulations.htm
, or the Federal Register's Web site at
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.gpoaccess.gov.
Summary of Technical Amendments
FMCSA has made the following technical corrections to the Federal
Motor Carrier Safety Regulations (FMCSRs) contained in Title 49 of the
Code of Federal Regulations (CFR), chapter III, subchapter B.
Section 365.405(a): ``Federal Motor Carrier Safety Administration,
Licensing Division'' is corrected to read ``FMCSA, Licensing Team;''
``Regional Director for the Region(s)'' is corrected to read ``Field
Administrator for the Service Center(s);'' and ``1002.2(f)(25)'' is
corrected to read ``360.3(f)(8).'' Section 365.411(b), ``Division'' is
corrected to read ``Team.'' Section 365.413(b), ``Office of Data
Analysis and Information Systems'' is corrected to read ``Licensing
Team.'' Section 365.505(b)(3), ``unbvtil'' is corrected to read
``until.''
Section 374.303(a), ``carriers'' is corrected to read ``carrier.''
Section 387.303, paragraph (b)(2) table, column 1, paragraph (d),
``10,000'' is corrected to read ``10,001'' to be consistent with other
sections in the table. In Sec. 387.309, ``B.M.C.'' is corrected to
read ``BMC.'' In Sec. 387.311(b), ``B.M.C. 83'' and ``B.M.C. 34'' are
corrected to read ``BMC 83'' and ``BMC 34.''
In Sec. 391.43(f), the date on which existing physical examination
forms may no longer be used ``November 6, 2001'' has been updated. In
the ``Instructions For Performing and Recording Physical Examinations''
and the ``Medical Examination Report for Commercial Driver Fitness
Determination,'' both codified after Sec. 391.43(f), the information
on blood pressure has been revised to incorporate the recommendations
on hypertension included in a report prepared for FMCSA, entitled
Cardiovascular Advisory Panel Guidelines for the Medical Examination of
Commercial Motor Vehicle Drivers (October 2002). The report, which has
been posted on the FMCSA website for several months, represents the
current medical consensus and state of the art in evaluating and
treating hypertension.
In Sec. 393.5, definition of ``g,'' the figure ``9.823'' is
corrected to read ``9.81.'' In Sec. 393.106(a), the reference to
``Sec. 393.122 through Sec. 393.142'' is corrected to read Sec. Sec.
393.116 through 393.136.''
Section 396.9, paragraphs (b) and (c)(2), the report form ``Driver
Equipment and Compliance Check'' has been renamed the ``Driver Vehicle
Examination Report'' to conform with industry terminology and for
uniformity in reporting.
Regulatory Analyses and Notices
Administrative Procedure Act (APA)
The APA provides exceptions to its notice and public comment
procedures when an agency finds there is good cause for dispensing with
such procedures on the basis that they are ``impracticable,
unnecessary, or contrary to the public interest.'' See 5 U.S.C. 553(b).
FMCSA has determined that notice and comment on these amendments are
unnecessary.
The amendments to Part 365 involve four changes to the names of
FMCSA offices; one change to replace an obsolete CFR citation which was
recodified after the Interstate Commerce Commission's remaining
functions were transferred to DOT; and one spelling correction. Because
these changes make ministerial corrections or update references, but do
not impose added burdens or alter any rights or obligations, the agency
has determined that notice and comment are unnecessary.
The definition of ``Carrier'' in Sec. 374.303(a) now reads: ``a
motor passenger common carriers.'' The plural ``carriers'' is changed
to the singular ``carrier'' to match the term being defined. This has
no effect on the underlying rule, and FMCSA has determined that notice
and comment are therefore unnecessary.
In part 387, three references to ``B.M.C.,'' meaning Bureau of
Motor Carriers, are changed to ``BMC,'' the current preferred
abbreviation of that term. The underlying rule is unchanged, and the
agency has determined that notice and comment are unnecessary.
In Sec. 391.43(f), the date after which existing physical
examination forms could no longer be used (November 6, 2001) has been
extended to September 2004. This is being done because it came to the
agency's attention that stocks of the previous forms still exist.
Allowing their continued use will save the expense of discarding these
forms and buying new ones. The medical examination itself is the same,
whatever the form used to record the results. FMCSA has therefore
determined that notice and comment are not required.
In the ``Instructions For Performing and Recording Physical
Examinations'' and the ``Medical Examination Report for Commercial
Driver Fitness Determination,'' both codified after Sec. 391.43(f),
the information on blood pressure has been revised to incorporate the
recommendations on hypertension included in a report prepared for
FMCSA, entitled Cardiovascular Advisory Panel Guidelines for the
Medical Examination of Commercial Motor Vehicle Drivers (October 2002).
The report, which has been posted on the FMCSA website for several
months, represents the current medical consensus and state of the art
in evaluating and treating hypertension. FMCSA has determined that
notice and comment on these changes are unnecessary, because both the
``Instructions'' for dealing with high blood pressure and the
corresponding ``Guidelines'' printed on the exam form are simply
recommendations to the medical examiner. They represent the agency's
summary of current medical thinking, but are neither part of the
medical standard for blood pressure [see Sec. 391.41(b)(6)] nor
binding on the medical examiner.
In Part 393.5, the definition of ``g,'' the symbol for the
acceleration of gravity, is corrected from 9.823 meters per second
squared to 9.81 meters per second squared. FMCSA finds that notice and
comment are unnecessary to correct this error. The reference in Sec.
393.106(a) to ``the commodity-specific rules of Sec. 393.122 through
Sec. 393.142'' is erroneous because it refers to section numbers used
in a previous draft of Subpart I (Protection Against Shifting and
Falling Cargo). The final rule codified the commodity-specific
regulations at Sec. 393.116 through Sec. 393.136, and Sec.
393.106(a) is therefore changed accordingly. Because this amendment
clarifies a cross-reference but does not change any regulatory
requirement, FMCSA finds that notice and comment are unnecessary.
In Sec. 396.9(b) and (c)(2), the inspection report entitled
``Driver Equipment Compliance Check'' has been renamed the ``Driver
Vehicle Examination Report.'' Because the substance of the inspection
report has not been changed, FMCSA has determined that notice and
comment are unnecessary.
These technical amendments have no significant impact on a
substantial number of small entities. The amendments merely correct
inadvertent errors and omissions, update mailing addresses, remove
obsolete references,
[[Page 56198]]
and make minor editorial changes to improve clarity and consistency.
They do not impose new requirements. As explained above, FMCSA has
determined that prior notice and opportunity for comment on these
changes are unnecessary. For the same reasons, the agency finds good
cause under 5 U.S.C. 553(d)(3) to make these amendments effective upon
publication.
Executive Order 12866 and DOT Regulatory Policies and Procedures
FMCSA does not consider this rule to be a ``significant regulatory
action'' under Executive Order 12866, Regulatory Planning and Review,
or within the meaning of DOT regulatory policies and procedures.
Therefore, it does not require review by the Office of Management and
Budget.
Regulatory Flexibility Act of 1980 (RFA)
FMCSA has reviewed the technical amendments rule, and certifies
that this rule will not have a significant economic impact on a
substantial number of small entities.
Unfunded Mandates Reform Act
This rule will not result in the expenditure by State, local and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Federalism
This rule will not have 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. Therefore, in accordance with Executive Order
13132, we have determined that this rule does not have federalism
implications.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in section 3 of Executive
Order 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
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 action.
Information Collection
This rule contains no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Environment
We have analyzed this action for purposes of the National
Environmental Policy Act (NEPA) and have determined that this action
does not have any effect on the quality of the environment.
Energy Impact
We have determined that this rule is not a major regulatory action
under the provisions of the Energy Policy and Conservation Act (EPCA).
Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)
This final rule is not a major rule as defined by section 804 of
SBREFA. This rule will not result in annual effect on the economy of
$100 million or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, or innovation. This rule is also exempt from
congressional review under 5 U.S.C. 801 et seq., as added by SBREFA,
since it involves ministerial technical corrections to existing
regulations.
List of Subjects
49 CFR Part 365
Administrative practice and procedure, Brokers, Buses, Freight
forwarders, Motor carriers, Moving of household goods.
49 CFR Part 374
Aged, Blind, Buses, Civil rights, Freight, Individuals with
disabilities, Motor Carriers, Smoking.
49 CFR Part 387
Buses, Freight, Freight forwarders, Hazardous materials
transportation, Highway safety, Insurance, Intergovernmental relations,
Motor carriers, Motor vehicle safety, Moving of household goods,
Penalties, Reporting and recordkeeping requirements, Surety bonds.
49 CFR Part 391
Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor
carriers, Reporting and recordkeeping requirements, Safety,
Transportation
49 CFR Part 393
Highway safety, Motor carriers, Motor vehicle safety.
49 CFR Part 396
Highway safety, Motor carriers, Motor vehicle safety, Reporting and
recordkeeping requirements.
0
For the reasons stated in the preamble, FMCSA amends 49 CFR chapter
III, subchapter B, as set forth below.
PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
0
1. The authority citation for part 365 continues to read as follows:
Authority: 5 U.S.C. 553 and 559; 16 U.S.C. 1456; 49 U.S.C.
13101, 13301, 13901-13906, 14708, 31138, and 31144; 49 CFR 1.73.
Sec. 365.405 [Amended]
0
2. Amend Sec. 365.405(a)(1) by removing ``Federal Motor Carrier Safety
Administration, Licensing Division'' and add, in its place, ``FMCSA,
Licensing Team;''
Sec. 365.411 [Amended]
0
3. Amend Sec. 365.411(b) by removing ``Division'' and add, in its
place, ``Team.''
Sec. 365.413 [Amended]
0
4. Amend Sec. 365.413(b) by removing ``Office of Data Analysis and
Information'' and add, in its place, ``Licensing Team.''
Sec. 365.505 [Amended]
0
5. Amend Sec. 365.505(b)(3) by removing ``unbvtil'' and add, in its
place, ``until.''
PART 374--PASSENGER CARRIER REGULATIONS
0
6. The authority citation for part 374 continues to read as follows:
Authority: 49 U.S.C. 13301 and 14101; 49 CFR 1.73.
Sec. 374.303 [Amended]
0
7. Amend Sec. 374.303(a) by removing the word ``carriers'' and add, in
its place, ``carrier.''
[[Page 56199]]
PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR
CARRIERS
0
8. The authority citation for part 387 continues to read as follows:
Authority: 49 U.S.C. 13101, 13906, 14701, 31138, and 31139; 49
CFR 1.73.
Sec. 387.303 [Amended]
0
9. Amend Sec. 387.303, paragraph (b)(2) table, column 1, in paragraph
(d), by removing ``10,000'' and add, in its place, ``10,001.''
Sec. 387.309 [Amended]
0
10. Amend Sec. 387.309(a) by removing ``B.M.C.'' and add, in its
place, ``BMC.''
Sec. 387.311 [Amended]
0
11. Amend Sec. 387.311(b) by removing ``B.M.C.'' wherever it appears
and add, in its place, ``BMC.''
PART 391--QUALIFICATIONS OF DRIVERS
0
12. The authority citation for part 391 continues to read as follows:
Authority: 49 U.S.C. 322, 504, 31133, 31136, and 31502; 49 CFR
1.73.
Sec. 391.43 [Amended]
0
13. Amend Sec. 391.43 as follows:
0
a. Amend Sec. 391.43(f) by removing ``November 6, 2001'' and add, in
its place, ``September 30, 2004.''
0
b. In the Instructions immediately following Sec. 391.43(f), revise
``Blood pressure (BP)'' to read as follows:
Instructions for Performing and Recording Physical Examinations
* * * * *
Blood pressure (BP). If a driver has hypertension and/or is being
medicated for hypertension, he or she should be recertified more
frequently. An individual diagnosed with Stage 1 hypertension (BP is
140/90-159/99) may be certified for one year. At recertification, an
individual with a BP equal to or less than 140/90 may be certified for
one year; however, if his or her BP is greater than 140/90 but less
than 160/100, a one-time certificate for 3 months can be issued. An
individual diagnosed with Stage 2 (BP is 160/100-179/109) should be
treated and a one-time certificate for 3-month certification can be
issued. Once the driver has reduced his or her BP to equal to or less
than 140/90, he or she may be recertified annually thereafter. An
individual diagnosed with Stage 3 hypertension (BP equal to or greater
than 180/110) should not be certified until his or her BP is reduced to
140/90 or less, and may be recertified every 6 months.
* * * * *
c. Revise the form entitled ``Medical Examination Report for
Commercial Driver Fitness Determination'' to read as follows:
BILLING CODE 4910-EX-P
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[GRAPHIC] [TIFF OMITTED] TR30SE03.004
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BILLING CODE 4910-EX-C
PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION
0
14. The authority citation for part 393 continues to read as follows:
Authority: 49 U.S.C. 322, 31136, and 31502; sec. 104(b) of Pub.
L. 102-240, 105 Stat. 1914, 1993 (1991); 49 CFR 1.73.
Sec. 393.5 [Amended]
0
15. Amend Sec. 393.5 in the definition of ``g'' by removing ``9.823''
and add, in its place, ``9.81.''
Sec. 393.106 [Amended]
0
16. Amend Sec. 393.106(a) by removing ``Sec. 393.122 through Sec.
393.142'' and add, in its place, ``Sec. Sec. 393.116 through
393.136.''
PART 396--INSPECTION, REPAIR, AND MAINTENANCE
0
17. The authority citation for part 396 continues to read as follows:
Authority: 49 U.S.C. 31133, 31136, and 31502; 49 CFR 1.73.
Sec. 396.9 [Amended]
0
18. In Sec. 396.9, paragraphs (b) and (c)(2), remove ``Driver
Equipment Compliance Check'' and add, in its place, ``Driver Vehicle
Examination Report.''
Issued on: September 24, 2003.
Warren Hoemann,
Deputy Administrator.
[FR Doc. 03-24736 Filed 9-29-03; 8:45 am]
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