[Federal Register: April 8, 1997 (Volume 62, Number 67)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Parts 387, 390, and 395
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.
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.
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
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
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
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
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
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
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
List of Subjects in
49 CFR Part 387
Hazardous materials transportation, Highways and roads, Insurance,
Motor carriers, Penalties, Reporting and recordkeeping requirements,
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:
1. The authority citation for part 387 is revised to read as
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
3. The authority citation for part 390 continues to read as
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.
5. The authority citation for part 395 continues to read as
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
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]
BILLING CODE 4910-22-P