General Technical, Organizational, and Conforming Amendments to the Federal Motor Carrier Safety Regulations
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Final rule.
CFR Part: "49 CFR Parts 355, 365, 369, 383, 384, 385, 387, 390, 391, 392, 395, and 397"
RIN Number: "RIN 2126-AB76"
Citation: "79 FR 59450"
Document Number: "Docket No. FMCSA-2014-0262"
Page Number: "59450"
"Rules and Regulations"
SUMMARY: FMCSA amends its regulations by making technical corrections throughout title 49 of the Code of Federal Regulations (CFR), subtitle B, chapter III. The Agency is making minor changes to correct errors and omissions, ensure conformity with
EFFECTIVE DATE: Effective
FOR FURTHER INFORMATION CONTACT: Mr.
If you have questions on viewing the docket, please call Ms.
SUPPLEMENTARY INFORMATION:
Between 1984 and 1999, a number of statutes added to FHWA's authority. Various statutes authorize the enforcement of the FMCSRs, the Hazardous Materials Regulations (HMRs), and the Commercial Regulations, and provide both civil and criminal penalties for violations of these requirements. These statutes include the Motor Carrier Safety Act of 1984 (Pub. L. 98-554, 98 Stat. 2832,
The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L. 106-159, 113 Stat. 1748,
The provisions of the FMCSRs amended by this rule are based on the statutes detailed above. The legal authority for each of those provisions was explained when the requirement was originally adopted and is noted at the beginning of each part in title 49 of the CFR. Title 49 CFR subtitle B, chapter III, contains all of the FMCSRs.
The Administrative Procedure Act (APA) (5 U.S.C. 551-706) specifically provides exceptions to its notice and public comment rulemaking procedures where the Agency finds there is good cause (and incorporates the finding and a brief statement of reasons therefore in the rules issued) to dispense with them. Generally, good cause exists where the Agency determines that notice and public procedures are impractical, unnecessary, or contrary to the public interest (5 U.S.C. 553(b)). The amendments made in this final rule merely correct inadvertent errors and omissions, remove or update obsolete references, and make minor changes to improve clarity and consistency. The technical amendments do not impose any new requirements, nor do they make any substantive changes to the CFR. For these reasons, the FMCSA finds good cause that notice and public comment on this final rule is unnecessary; thus this rule will be effective on the date of publication in the
Background
This document makes editorial changes to correct inaccurate references and citations, improve clarity, and fix errors. The reasons for each of these minor revisions are set out below, in a section-by-section description of the changes. These amendments do not impose any new requirements, nor do they make substantive changes to the CFR.
Section-by-Section Analysis
This section-by-section analysis describes the technical amendment provisions in numerical order.
Part 355
Appendix A to Part 355. Under the section for "Regulatory Review," the paragraph titled "Hours of Service of Drivers" is revised to account for the final rules of
Part 365
Section 365.405. In paragraph (a)(1), the name of the office that receives filings of Form OP-FC-1 is changed from the former name "IT Operations Division (MC-RIO)" to "
Section 365.411. In paragraph (b), the name of the office that receives filings of protests and petitions for reconsideration is changed from the former "IT Operations Division (MC-RIO)" to "
Section 365.413. In paragraph (b), the name of the office that receives filings of protests and petitions for reconsideration is changed from the former "IT Operations Division (MC-RIO)" to "
Part 369
Section 369.6. The phrase "
Part 383
Section 383.3. The Interpretative rule referenced in Question 18 and responsive Guidance to
Section 383.5. First, under the definition for "Conviction," the word "probated" is removed and replaced with the word "prorated" to correct an error. Second, the definition of commercial motor vehicle is amended to add the names of the three vehicle groups listed in 49 CFR 383.91(a): Combination Vehicle (Group A), Heavy Straight Vehicle (Group B), and those vehicles that meet neither the Group A nor Group B requirements (Group C). This amendment does not change the applicability of the commercial driver's license (CDL) requirements in any way, but provides a practical means for the reader to understand how the four individual components of the definition in
Section 383.73. The
In paragraph (o)(4), after the third instance of the word "medical" the following phrase is added: "examiner's certificate is voided or rescinded or a medical." This clarifies statutory authority granted to FMCSA under 49 U.S.C. section 31149(c)(2) for FMCSA to void a medical examiner's certificate for a CLP or CDL under certain circumstances.
Part 384
Section 384.107. The entire section was revised according to the incorporation by reference drafting requirements of the
Section 384.206. Paragraph (a)(1) is amended by clarifying that CLPs cannot be transferred from one State to another State. The
Section 384.209. Paragraph (b)(2) is amended by adding the phrase "from a foreign country" after the phrase "a person" to implement MAP-21 section 32203(b) requiring reporting of convictions of a foreign commercial driver to the Federal Convictions and Withdrawal Database. The current language could be seen as applying to all commercial drivers from
Section 384.212. In paragraph (b), the phrase "CLP or," inadvertently appears twice. The
Section 384.225. Paragraph (e) is amended to ensure the language properly correlates with the section's lead in language "the state must," and, thus, is grammatically correct. The word "allow" is inserted and the word "may" is replaced by the word "to" for clarity.
Paragraph (f) is amended by changing "The" to "Ensure the" at the beginning of the paragraph for grammatical precision. Also, the phrase regarding the National Law Enforcement Telecommunications System (NLETS) is removed, since NLETS is not maintaining the CDLIS system, but only has the ability to access CDLIS data.
Section 384.228. Paragraph (j)(2) is moved to paragraph (h)(3). Movement of this text reflects new requirements placed in paragraph (h)(1) as part of the
Section 384.229. Paragraph (b) is amended by deleting the sentence beginning after "examiners," which reads: "For third party testers and examiners who were granted the training and skills testing exception under
Section 384.305. In the final untitled paragraph, the phrase "Approved by the
Part 385
Section 385.308. Paragraph (a)(1) is corrected by adding the word "motor" after "commercial" and before "vehicle" to provide the proper term "commercial motor vehicle," as utilized in part 385 and defined in
Section VII of Part 385, Appendix B. In the "List of Acute and Critical Regulations" the following paragraph regarding
Part 387
Section 387.15. The references to OMB numbers 2125-0074 and 2125-0075 are deleted for clarity in Illustrations I and II respectively. Such references to specific OMB information collection approvals are outdated, confusing, and superfluous in the context of the rules' sample illustrations of insurance and surety bond forms.
Section 387.39. The reference to OMB approval under control number 2125-0518 is deleted for clarity. This reference to a specific OMB information collection approval is outdated, confusing, and superfluous in the context of the rules' sample illustration of a motor carrier public liability surety bond.
Part 390
Section 390.5. First, under the definition of "Conviction," the word "probated" is removed and replaced with the word "prorated" to correct an error. Second, a definition of "Crash" that cross-references the existing definition of "Accident" in 49 CFR 390.5 is added to clarify that these terms are synonymous.
Section 390.19. In paragraph (d), the name of the office to file forms MCS-150, MCS-150B and MCS-150C is changed in the first sentence from "
Section 390.40. The cross-reference to
Part 391
Section 391.63. The reference to approval under OMB control number 2125-0081 is deleted for clarity. This reference to a specific OMB information collection approval is outdated, confusing, and superfluous in the context of the rules' description of the obligations for motor carriers employing multiple-employer drivers.
Part 392
Section 392.5. In paragraph (a)(3), the word "and" is changed to "or" to correct an error.
Part 395
Section 395.8. The reference to OMB approval under control number 2125-0016 is deleted for clarity. This reference to a specific OMB information collection approval is outdated, confusing, and superfluous in the context of the rule's sample illustration of regulations, which generally outline drivers' record of duty status obligations and provide a sample duty status graph grid.
Part 397
Section 397.69. Paragraph (b) is amended to reflect statutory changes under section 33013(b) of MAP-21, which amended 49 U.S.C. 5125(c)(1) to require publication of highway route designations in the Department's hazardous materials route registry under 49 U.S.C. 5112(c). The citation to section 105(b)(4) of the Hazardous Materials Transportation Act is deleted since it is now obsolete. Language regarding an effective date of
In paragraph (c), the phrase "of this subpart" is amended to read "of this part" to correct an inaccurate reference.
Section 397.73. In paragraph (a), footnote 2 is deleted and replaced by an internet link for convenience. Also, the reference to FMCSA is replaced by the "
In paragraph (b), additional text is added since section 33013(a) of MAP-21 amended 49 U.S.C. section 5112(c) to add State reporting requirements, which include the name of the responsible agency for hazmat materials highway route designations. In addition, the phrase "regarding designations existing on
The reference to OMB approval under control number 2125-0554 at the end of the section is deleted for clarity. Such a reference to a specific OMB information collection approval is outdated, confusing, and superfluous in the context of the rule's public information and reporting requirements.
Section 397.103. Based on a new publication requirement from section 33013(b) of MAP-21, the following sentence will be added as a new paragraph (c)(3) to clarify when a new routing designation is effective for radioactive materials: "The route is published in FMCSA's Hazardous Materials Route Registry."
Rulemaking Analyses
Executive Order 12866 (Regulatory Planning and Review) and DOT Regulatory Policies and Procedures
FMCSA has determined that this action is not a significant regulatory action within the meaning of Executive Order 12866, as supplemented by Executive Order 13563 (76 FR 3821,
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612), FMCSA has evaluated the effects of this rule on small entities. Because the rule makes only minor editorial corrections and places no new requirements on the regulated industry, FMCSA certifies that this action will not have a significant economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act
The final rule will not impose an unfunded Federal mandate, as defined by the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
E.O. 13132 (Federalism)
A rule has implications for Federalism under section 1(a) of Executive Order 13132 if it has "substantial direct effects on the States, on the relationship between national government and the States, or on the distribution of power and responsibilities among various levels of government." FMCSA has determined that this rule will not have substantial direct effects on States, nor will it limit the policymaking discretion of States. Nothing in this document preempts or modifies any provision of State law or regulation, imposes substantial direct unreimbursed compliance costs on any State, or diminishes the power of any State to enforce its own laws. Accordingly, this rulemaking does not have Federalism implications warranting the application of E.O. 13132.
E.O. 12372 (Intergovernmental Review)
The regulations implementing E.O. 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this rule.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order 13175 titled, "Consultation and Coordination with Indian Tribal Governments," because it would not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.), Federal agencies must obtain approval from the
National Environmental Policy Act
FMCSA analyzed this final rule for the purpose of ascertaining the applicability of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and determined under our Environmental Procedures Order 5610.1, issued
The FMCSA also analyzed this rule under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 42 U.S.C. 7506(c)), and implementing regulations promulgated by the
E.O. 12898 (Environmental Justice)
This technical amendment final rule is not subject to Executive Order 12898 (59 FR 7629,
E.O. 13211 (Energy Effects)
FMCSA has analyzed this rule under Executive Order 13211 titled, "Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use." The Agency has determined that it is not a "significant energy action" under that Executive Order because it is not a "significant regulatory action" under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, no Statement of Energy Effects is required.
E.O. 13045 (Protection of Children)
Executive Order 13045 titled, "Protection of Children from Environmental Health Risks and Safety Risks" (62 FR 19885,
E.O. 12988 (Civil Justice Reform)
This action meets applicable standards in sections 3(a) and 3(b)(2) of E.O. 12988 titled, "Civil Justice Reform," to minimize litigation, eliminate ambiguity, and reduce burden.
E.O. 12630 (Taking of Private Property)
This rule will not effect a taking of private property or otherwise have taking implications under E.O. 12630 titled, "Governmental Actions and Interference with Constitutionally Protected Property Rights."
National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act (15 U.S.C. 272 note) requires Federal agencies proposing to adopt technical standards to consider whether voluntary consensus standards are available. If the Agency chooses to adopt its own standards in place of existing voluntary consensus standards, it must explain its decision in a separate statement to OMB. Because FMCSA does not intend to adopt technical standards, there is no need to submit a separate statement to OMB on this matter.
Privacy Impact Assessment
Section 522(a)(5) of the Transportation, Treasury,
List of Subjects
49 CFR Part 355
Highway safety, Intergovernmental relations, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements.
49 CFR Part 365
Administrative practice and procedure, Brokers, Buses, Freight forwarders, Maritime carriers,
49 CFR Part 369
Reporting and recordkeeping requirements.
49 CFR Part 383
Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety and motor carriers.
49 CFR Part 384
Administrative practice and procedure, Alcohol abuse, Drug abuse, Highway safety, Incorporation by reference, and Motor carriers.
49 CFR Part 385
Administrative practice and procedure, Highway safety, Incorporation by reference.
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 390
Highway safety, Intermodal transportation, Motor carriers, Motor vehicle safety, Reporting and recordkeeping requirements.
49 CFR Part 391
Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor carriers, Reporting and recordkeeping requirements, Safety, Transportation.
49 CFR Part 392
Driving of Commercial Motor Vehicles.
49 CFR Part 395
Highway safety, Motor carriers, Reporting and recordkeeping requirements.
49 CFR Part 397
Administrative practice and procedure, Highway safety, Intergovernmental relations, Motor carriers, Parking, Radioactive materials, Reporting and recordkeeping requirements, Tires.
In consideration of the foregoing, FMCSA is amending 49 CFR chapter III, parts 355, 365, 369, 383, 384, 385, 387, 390, 391, 392, 395, and 397, as set forth below:
PART 355--COMPATIBILITY OF STATE LAWS AND REGULATIONS AFFECTING INTERSTATE MOTOR CARRIER OPERATIONS
1. The authority citation for part 355 continues to read as follows:
Authority: 49 U.S.C. 504 and 31101 et seq.; 49 CFR 1.87.
2. Amend appendix A to part 355 by revising the paragraphs titled "Hours of Service of Drivers" to read as follows:
Appendix A to Part 355--Guidelines for the Regulatory Review
* * * * *
Hours of Service of Drivers
The following is a high-level summary of the hours-of-service regulations governing property and passenger carriers. The description below outlines only some of the major provisions, but does not capture all the detailed requirements. For the detailed provisions, which include rest breaks, sleeper berth, and records of duty status issues, see part 395 of this subchapter.
The hours-of-service regulations prohibit both property and passenger carriers from allowing or requiring any driver to drive as follows:
1. Property. More than 11 hours after 10 consecutive hours off duty within a consecutive 14-hour duty period, and more than 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty, which includes two periods from
2. Passenger. More than 10 hours after 8 consecutive hours off duty within a 15-hour duty period, and more than 60/70 hours on duty in 7/8 consecutive days.
* * * * *
PART 365--RULES GOVERNING APPLICATIONS FOR OPERATING AUTHORITY
3. The authority citation for part 365 continues to read as follows:
Authority: 5 U.S.C. 553 and 559; 49 U.S.C. 13101, 13301, 13901-13906, 14708, 31138, and 31144; and 49 CFR 1.87.
4. Amend
5. Amend
6. Amend
PART 369--REPORTS OF MOTOR CARRIERS
7. The authority citation for part 369 continues to read as follows:
Authority: 49 U.S.C. 14123; 49 CFR 1.87.
8. Amend
PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES
9. The authority citation for part 383 continues to read as follows:
Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 1012(b) of Pub. L. 107-56, 115 Stat. 272, 297, sec. 4140 of Pub. L. 109-59, 119 Stat. 1144, 1746; and 49 CFR 1.87.
10. Amend
* * * * *
Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a--
(1) Combination Vehicle (Group A)--having a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
(2) Heavy Straight Vehicle (Group B)--having a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or
(3) Small Vehicle (Group C)--(i) that does not meet Group A or B requirements;
(ii) Is designed to transport 16 or more passengers, including the driver; or
(iii) Is of any size and is used in the transportation of hazardous materials as defined in this section.
* * * * *
Conviction means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or prorated.
* * * * *
11. Amend
* * * * *
(n) * * *
(1) Prevent the issuance of an initial, renewed or upgraded CLP or an initial, renewed, upgraded, or transferred CDL when the results of transactions indicate the applicant is unqualified. These controls, at a minimum, must be established for the following transactions: State, CDLIS, and PDPS driver record checks; and Social Security Number verification. Knowledge and skills test scores verification controls must be established for an initial, renewed, or upgraded CDL.
* * * * *
(o) * * *
(4) * * * (i) Beginning
* * * * *
PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM
12. The authority citation for part 384 continues to read as follows:
Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103 and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; and 49 CFR 1.87.
13. Revise
(a) Incorporation by reference. This part includes references to certain matter or materials. The text of the materials is not included in the regulations contained in this part. The materials are hereby made a part of the regulations in this part. The Director of the
(b)
(1) "Commercial Driver's License Information System (CDLIS) State Procedures Manual," Release 5.3.2.1,
(2) [Reserved]
14. Amend
(a) * * *
(1) Before issuing, renewing, or upgrading a CLP or issuing, renewing, upgrading or transferring CDL to any person, the driver's State of record must, within the period of time specified in
* * * * *
15. Amend
16. Revise
* * * * *
(b) The State must require any person holding a CDL issued by another State to apply for a transfer CDL from the State within 30 days after establishing domicile in the State, as specified in
17. Amend
* * * * *
(e) Only allow the following users or their authorized agents to receive the designated information:
* * * * *
(f) Ensure the content of the report provided a user authorized by paragraph (e) of this section from the CDLIS driver record is comparable to the report that would be generated by a CDLIS State-to-State request for a CDLIS driver history, as defined in the "CDLIS State Procedures Manual" (incorporated by reference, see
18. Amend <org>SEC 384.228 by adding paragraph (h)(3) and revising paragraph (j) to read as follows:
* * * * *
(h) * * *
(3) Criteria for not passing the criminal background check must include at least the following: (i) Any felony conviction within the last 10 years; or (ii) Any conviction involving fraudulent activities.
(j) Rescind the certification to administer CDL tests of all test examiners who do not successfully complete the required refresher training every 4 years.
* * * * *
19. Revise
* * * * *
(b) At least once every 2 years, conduct covert and overt monitoring of examinations performed by State and third party CDL skills test examiners.
* * * * *
20. Amend
PART 385--SAFETY FITNESS PROCEDURES
21. The authority citation for part 385 continues to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 13901-13905, 31133, 31135, 31136, 31137(a), 31144, 31148, and 31502; Sec. 113(a), Pub. L. 103-311; Sec. 408, Pub. L. 104-88; Sec. 350 of Pub. L. 107-87; and 49 CFR 1.87.
22. Amend
Appendix B to Part 385 [Amended]
23. In Appendix B to Part 385, section VII, List of Acute and Critical Regulations, remove the entry for
PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR CARRIERS
24. The authority citation for part 387 continues to read as follows:
Authority: 49 U.S.C. 13101, 13301, 13906, 14701, 31138, 31139, and 31144; and 49 CFR 1.87.
25. Amend
a. Remove the designation "OMB No. 2125-0074" under the center heading "Illustration I" and following the phrase "Form Approved."
b. Remove the phrase "(Form approved by
26. Amend
PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
27. The authority citation for part 390 is revised to read as follows:
Authority: 49 U.S.C. 504, 508, 31132, 31133, 31136, 31144, 31151, 31502; sec. 114, Pub. L. 103-311, 108 Stat. 1673, 1677-1678; sec. 212, 217, 229, Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec. 229, Pub. L. 106-159 (as transferred by sec. 4114 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743-1744); sec. 4136, Pub. L. 109-59, 119 Stat. 114, 1745; sections 32101(d) and 32934, Pub. L. 112-141, 126 Stat. 405, 778, 830; and 49 CFR 1.87.
28. Amend
a. In the definition of "Conviction" remove the word "probated" and add in its place the word "prorated."
b. Add a definition for "Crash" in alphabetical order.
* * * * *
Crash --See accident.
* * * * *
29. Revise
* * * * *
(d) Where to file. The required form under paragraph (a) of this section must be filed with the
* * * * *
30. Amend
PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE (LCV) DRIVER INSTRUCTORS
31. The authority citation for part 391 continues to read as follows:
Authority: 49 U.S.C. 504, 508, 31133, 31136, and 31502; sec. 4007(b) of Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114 of Pub. L. 103-311, 108 Stat. 1673, 1677; sec. 215 of Pub. L. 106-159, 113 Stat. 1748, 1767; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.
32. Amend
PART 392--DRIVING OF COMMERCIAL MOTOR VEHICLES
<p> 33. The authority citation for part 392 continues to read as follows:
Authority: 49 U.S.C. 504, 13902, 31136, 31151, 31502; Section 112 of Pub. L. 103-311, 108 Stat. 1673, 1676 (1994), as amended by sec. 32509 of Pub. L. 112-141, 126 Stat. 405, 805 (2012); and 49 CFR 1.87.
34. Amend
PART 395--HOURS OF SERVICE OF DRIVERS
35. The authority citation for part 395 continues to read as follows:
Authority: 49 U.S.C. 504, 31133, 31136, 31137, and 31502; sec. 113, Pub. L. 103-311, 108 Stat. 1673, 1676; sec. 229, Pub. L. 106-159 (as transferred by sec. 4115 and amended by secs. 4130-4132, Pub. L. 109-59, 119 Stat. 1144, 1726, 1743, 1744); sec. 4133, Pub. L. 109-59, 119 Stat. 1144, 1744; sec. 108, Pub. L. 110-432, 122 Stat. 4860-4866; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.
36. Amend
PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES
37. The authority citation for part 397 continues to read as follows:
Authority: 49 U.S.C. 322; 49 CFR 1.87. Subpart A also issued under 49 U.S.C. 5103, 31136, 31502, and 49 CFR 1.97. Subparts C, D, and E also issued under 49 U.S.C. 5112, 5125.
38. Amend
* * * * *
(b) Except as provided in SUBSEC 397.75 and 397.219, an NRHM route designation made in violation of paragraph (a) of this section is preempted pursuant to 49 U.S.C. 5125(c).
(c) A highway routing designation established by a State, political subdivision, or Indian tribe before
* * * * *
39. Revise
(a) Public information. Information on NRHM routing designations must be made available by the States and Indian tribes to the public in the form of maps, lists, road signs or some combination thereof. If road signs are used, those signs and their placements must comply with the provisions of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the
(b) Reporting and publishing requirements. Each State or Indian tribe, through its routing agency, shall provide information identifying all NRHM routing designations that exist within its jurisdiction to the
(c) A State or Tribally-designated route is effective only after it is published in the
40. Amend
* * * * *
(c) * * *
(3) The route is published in FMCSA's Hazardous Materials Route Registry.
* * * * *
Issued under authority delegated in 49 CFR 1.87 on:
Acting Administrator.
[FR Doc. 2014-23433 Filed 10-1-14;
BILLING CODE 4910-EX-P
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