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FINAL RULES

TITLE: Safety Fitness Procedure; Safety Ratings; Final Rule; 49 CFR Part 385; published 11/6/97; Effective Date 11/28/97; [FHWA Docket Number MC-94-22; FHWA-97-2252] ; 62 FR 60035.

SUMMARY: This document incorporates a Safety Fitness Rating Methodology (SFRM) as an appendix to the Motor Carrier Safety Fitness Procedures regulations. The SFRM will be used to measure the safety fitness of motor carriers against the safety fitness standard contained in 49 CFR Part 385. By this action the FHWA will supersede the interim final rule promulgated on May 28, 1997, effective May 28, 1997 until November 28, 1997 (62 FR 28807). That rule incorporated an SFRM to calculate the safety fitness of motor carriers transporting hazardous materials in quantities for which vehicle placarding is required, or transporting 15 or more passengers including the driver. The rule also includes a procedure which provides a notice period of 45 days during which a proposed rating can be challenged before it becomes effective.

TITLE: Motor Carrier Transportation; Technical Amendments; Final rule; technical amendments; 49 CFR Chapter III, Parts 365, 366, 372, 375, 387, and 390; published 09/24/97; Effective date: 09/24/97; 62 FR 49939.

SUMMARY: This document makes technical amendments to FHWA's regulations regarding motor carrier transportation. The technical amendments are necessary to correct references within several parts and one of the appendices to subchapter B. These technical amendments will provide accurate references within the parts that were published on October 21, 1996, at 61 FR 54706, which transferred and redesignated certain motor carrier transportation regulations from 49 CFR Chapter X to the FHWA in 49 CFR Chapter III.

TITLE: Technical Amendments to Former Interstate Commerce Commission Regulations in Accordance with the ICC Termination Act of 1995; Final rule; technical amendments; 49 CFR Chapter III, Parts 367-368, 371-374, and 376-378; published 9/23/97; Effective Date: April 1, 1997; 62 FR 15417.

SUMMARY: This document makes technical amendments to former Interstate Commerce Commission (ICC) regulations which were transferred to the FHWA in accordance with section 204 of the ICC Termination Act of 1995. These amendments are necessitated by changes in statutory citations and definitions, and the transfer of regulatory functions to the Secretary of the Department of Transportation (Secretary) or the FHWA.

TITLE:Exemption of Notice Filing Requirements for Agricultural Cooperative Associations Which Conduct Compensated Transportation Operations for Nonmembers; Final rule; 49 CFR Part 372; published 07/16/97; Effective Date: 08/15/97; [FHWA Docket No. MC-96-38; FHWA-97-2280] 62 FR 38035.

SUMMARY: This document removes the regulation specifying the notice filing requirements for agricultural cooperative associations which conduct compensated transportation operations for nonmembers. These operations are exempt from regulation if certain statutory limitations on their scope are observed. Section 103 of the ICC Termination Act of 1995 (ICCTA), Pub. L. 104-88, 109 Stat. 803, removed the requirement that a notice be filed before initiation of operations under the exemption.

TITLE: Compensated Intercorporate Hauling; Final rule; 49 CFR part 369; published 07/16/97; Effective Date: 08/15/97; [FHWA Docket No. MC-96-37; FHWA-97-2286]; 62 FR 38034.

SUMMARY: The FHWA is removing the regulation delineating the scope and notice filing requirements of the statutory exemption for compensated intercorporate hauling. Section 103 of the ICC Termination Act of 1995 (ICCTA), Pub. L. 104-88, 109 Stat. 803, removed the requirement that a notice be filed before initiation of exempt compensated intercorporate hauling operations.

TITLE: Commercial Driver's License Program and Controlled Substances and Alcohol Use and Testing; Conforming and Technical Amendments; Final rule; technical amendments; 49 CFR Parts 355, 382, 383, 384, 389, 391, and 392; published 07/11/97; Effective date: 08/11/97; 62 FR 37150.

SUMMARY: The FHWA is making technical amendments to its regulations regarding physical qualifications and examinations for interstate drivers, and controlled substance and alcohol use and testing for drivers under the commercial driver's license program. The amendments are necessary to correct minor errors and to remove obsolete regulations. This final rule will clarify the agency's statutory authorities and will provide current applicable controlled substances and alcohol testing regulations.

TITLE: Motor Carrier Routing Regulations; Disposition of Loss and Damage Claims and Processing Salvage; Preservation of Records; Final rule; 49 CFR Parts 356, 370 and 379; published 06/12/97; Effective Date: 06/12/97; 62 FR 32040.

SUMMARY: This document adds to 49 CFR chapter III certain motor carrier transportation regulations, also codified in 49 CFR chapter X, which involve functions delegated to both the FHWA and the Surface Transportation Board (STB). These regulations govern motor carrier routing, the processing of claims for loss or damage, and the preservation of records. The Interstate Commerce Commission Termination Act of 1995 (ICCTA) abolished the Interstate Commerce Commission (ICC) and transferred certain functions and proceedings to the STB and the DOT. The Secretary of Transportation delegated to the FHWA certain motor carrier functions which were transferred to the DOT from the ICC. On October 21, 1996, the FHWA and the STB issued a final rule which transferred and redesignated those regulations in 49 CFR chapter X involving functions exclusively within the jurisdiction of the FHWA. 61 FR 54706. This document completes the transfer process. Technical changes have been made to the regulations, where appropriate, to conform with current statutory citations and definitions and the transfer of regulatory functions to the Department of Transportation.

TITLE: Safety Fitness Procedures; Safety Ratings; Interim final rule; request for comments; 49 CFR Part 385; published 05/28/97; Effective Date: From May 28, 1997 to November 28, 1997; [FHWA Docket No. MC-94-22; FHWA-97-2252]; 62 FR 28807.

SUMMARY: This interim final rule is being issued in response to a decision of the U.S. Court of Appeals, District of Columbia Circuit, entered on March 18, 1997. In this interim final rule, the FHWA is publishing its Safety Fitness Rating Methodology (SFRM) as Appendix B to 49 CFR 385 to be used as an interim measure until a notice of proposed rulemaking (NPRM), published elsewhere in today's Federal Register, becomes final. The SFRM, which is a detailed explanation of the means by which the factors comprising a safety rating are evaluated and calculated, will be used during this interim period only to rate motor carriers that are transporting hazardous materials in quantities for which vehicle placarding is required, or transporting more than 15 passengers, including the driver. This is necessary to implement the prohibitions contained in the Motor Carrier Safety Act of 1990.

TITLE: Minimum Levels of Financial Responsibility for Motor Carriers; Hours of Service of Drivers; Technical Amendments; Final rule; technical amendments; 49 CFR 387, 390, 395; published 04/08/97; Effective Date: 04/08/97; 62 FR 16707.

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.

TITLE: Regulatory Guidance for the Federal Motor Carrier Safety Regulations; Rule; Regulatory Guidance; 49 CFR Chapter III; published 04/04/97; Effective Date: 05/04/97; 62 FR 16369.

SUMMARY: This document presents interpretive guidance material for the Federal Motor Carrier Safety Regulations (FMCSRs) now contained in the FHWA's Motor Carrier Regulation Information System (MCREGIS). The FHWA has consolidated previously issued interpretations and regulatory guidance materials and developed concise interpretive guidance in question and answer form for each part of the FMCSRs. These questions and answers are generally applicable to drivers, commercial motor vehicles, and motor carrier operations on a national basis. All prior interpretations and regulatory guidance of the FMCSRs issued previously in the Federal Register, as well as FHWA memoranda and letters, may no longer be relied upon as authoritative insofar as they are inconsistent with the guidance published today. Many of the interpretations of the FMCSRs published on November 23, 1977, and the interpretations of the Inspection, Repair, and Maintenance regulations published on July 10, 1980, have been revised. These revisions are reflected in the new questions and answers. This document also includes regulatory guidance issued since November 17, 1993, when the agency last published a collection of such guidance. Future regulatory guidance will be issued within the MCREGIS which will be kept current in the FHWA's Office of Motor Carrier Standards. The MCREGIS will be updated periodically and published in the Federal Register so that interested parties may have ready reference to official interpretations and guidance regarding the FMCSRs. This guidance will provide the motor carrier industry with a clearer understanding of the applicability of many of the requirements contained in the FMCSRs in particular situations.

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TITLE: Technical Amendments to Former Interstate Commerce Commission Regulations in Accordance with the ICC Termination Act of 1995; Final rule; technical amendments; 49 CFR Chapter III, Parts 367-368, 371-374, and 376-378; published 04/01/97; Effective Date: 04/01/97; 62 FR 15417.

SUMMARY: This document makes technical amendments to former Interstate Commerce Commission (ICC) regulations which were transferred to the FHWA in accordance with section 204 of the ICC Termination Act of 1995. These amendments are necessitated by changes in statutory citations and definitions, and the transfer of regulatory functions to the Secretary of the Department of Transportation (Secretary) or the FHWA.

TITLE: Federal Motor Carrier Safety Regulations; Intermodal Transportation; Withdrawal of Final Rule; Final rule; withdrawal; 49 CFR Parts 382, 383, and 390; published 01/9/97; Effective Date: 1/9/97; [FHWA Docket No. MC-93-17]; 62 FR 1293.

SUMMARY: On December 29, 1994, the FHWA published a final rule [59 FR 67544] which implemented the Intermodal Safe Container Transportation Act of 1992 (the 1992 Act). On October 11, 1996, the President signed the Intermodal Safe Container Transportation Amendments Act of 1996 (the 1996 Act) which substantially amended the 1992 Act and removed the requirement that the Secretary of Transportation promulgate implementing regulations. The FHWA, therefore, is withdrawing its December 29 final rule. The FHWA has determined that regulations are not necessary to implement the 1992 Act as amended by the 1996 Act. The 1996 Act will become effective on April 9, 1997. The FHWA is also amending the applicability provisions of the regulations on controlled substances and alcohol use and testing.

PROPOSED RULES

TITLE: Qualifications of Motor Carriers to Self-Insure Their Operations and Fees To Support the Approval and Compliance Process; Correction; Correction to advance notice of proposed rulemaking (ANPRM) and request for comments; 49 CFR Part 387; published 9/29/97. Comment period ends: 11/24/97; [FHWA Docket No. FHWA-97-2923; FHWA No. 97-11]; 62 FR 50892.

SUMMARY: This document corrects the assigned FHWA docket number and the address for submission of comments to this ANPRM regarding standards to approve motor carriers as self-insurers which was published on Tuesday, September 23, 1997, at 62 FR 49654 in FR Doc. 97-24714. In addition, the authority citation is provided for issuance of the ANPRM.

TITLE:English Language Requirement; Qualifications of Drivers; Advance Notice of Proposed Rulemaking (ANPRM); request for comments; 49 CFR Part 391; published 08/26/97; Comment period ends: 10/27/97; [Docket No. FHWA-97-2759]; 62 FR 45200.

SUMMARY: The FHWA is considering a revision to the requirement in 49 CFR 391.11(b)(2) of the Federal Motor Carrier Safety Regulations (FMCSRs) that drivers of commercial motor vehicles operated in interstate commerce be able to read and speak the English language sufficiently to converse with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records. In the interests of safety and civil rights, the FHWA is attempting to reconcile its obligation to assure adequate communication on the part of commercial motor vehicle drivers with concerns of possible discrimination raised by the present rule.

TITLE: Safety Fitness Procedure; Safety Ratings; Proposed Rule, additional comments; 49 CFR Part 385; published 07/03/97; Comment period ends: 07/28/97; [FHWA Docket No. MC-94-22; FHWA-97-2252] ; 62 FR 36039.

SUMMARY:On May 28, 1997, the FHWA published a notice of proposed rulemaking in response to a decision of the U.S. Court of Appeals, District of Columbia. In the rulemaking the FHWA proposed to incorporate a modified Safety Fitness Rating methodology, which would be used to measure the safety fitness of motor carriers against the safety fitness standard, as an appendix to its Safety Fitness Procedures regulations.

On February 7, 1997, the FHWA received data from the ATA Litigation Center on behalf of the American Trucking Association (ATA). The comments concerned the sampling methodology used by the FHWA in conducting compliance reviews, which the ATA believes to be biased. Subsequently, on May 29, 1997, the ATA asked that these comments be placed in the docket for consideration in this rulemaking. The comments are being placed in Docket No. MC-94-22; FHWA-97-2252 and will be considered in this rulemaking.

TITLE:Parts and Accessories Necessary for Safe Operation; General Amendments; Extension of comment period;49 CFR Parts 390, 392, and 393; published 06/12/97; Comment period ends:  07/28/97; [FHWA Docket No. MC-97-5; FHWA-97-2364]; 62 FR 32066.

SUMMARY: The FHWA is extending the comment period for its April 14, 1997, notice of proposed rulemaking (NPRM) in which the agency proposed amendments to part 393 of the Federal Motor Carrier Safety Regulations (FMCSRs). The extension is in response to a request from the Motor and Equipment Manufacturers Association (MEMA). The FHWA has determined that granting the extension is appropriate given the complexity of the NPRM and the need for informed responses from potential commenters.

TITLE: Safety Fitness Procedure; Safety Ratings; Notice of proposed rulemaking; request for comments; 49 CFR Part 385; published 05/28/97; Comment period ends: 07/28/97; [FHWA Docket No. MC-94-22; FHWA-97-2252]; 62 FR 28826.

SUMMARY: This document is in response to a decision of the U.S. Court of Appeals, District of Columbia Circuit, entered on March 18, 1997. In this rulemaking the FHWA is proposing to incorporate a modified Safety Fitness Rating Methodology (SFRM), which would be used to measure the safety fitness of motor carriers against the safety standard, as an appendix to its Safety Fitness Procedures regulations. An interim final rule published elsewhere in today's Federal Register incorporates the current SFRM for an interim period to rate motor carriers that are transporting hazardous materials in quantities for which vehicle placarding is required, or transporting 15 or more passengers including the driver.

TITLE: Parts and Accessories Necessary for Safe Operation; General Amendments; Proposed Rule; Notice of proposed rulemaking (NPRM); request for comments; 49 CFR Parts 390, 392, and 393; published 04/14/97; Comment period ends: 06/13/97; [FHWA Docket No. MC-97-5]; 62 FR 18169.

SUMMARY: The FHWA is proposing to amend part 393 of the Federal Motor Carrier Safety Regulations (FMCSRs), Parts and Accessories Necessary for Safe Operation. The amendments are intended to remove obsolete and redundant regulations; respond to several petitions for rulemaking; provide improved definitions of vehicle types, systems, and components; resolve inconsistencies between part 393 and the National Highway Traffic Safety Administration's Federal Motor Vehicle Safety Standards (49 CFR 571); and codify certain FHWA regulatory guidance concerning the requirements of part 393. Generally, the amendments do not involve the establishment of new or more stringent requirements but a clarification of existing requirements. This action is consistent with the President's Regulatory Reinvention Initiative and furthers the FHWA's ongoing Zero-Base Regulatory Review in that it proposes to make many sections more concise, easier to understand and more performance oriented.

TITLE: Hours of Service of Drivers; Advance Notice of Proposed Rulemaking, Extension of comment Period; 49 CFR Part 395; published: 03/31/97; Comment period ends: 06/30/97; [FHWA Docket No. MC-96-28; FHWA-97-2350]; 62 FR 15150.

SUMMARY: The FHWA is extending this rulemaking's comment period until June 30, 1997. This is in response to two petitions received by the FHWA requesting an extension of the comment period closing date. The petitioners based their requests upon the FHWA's pending publication of the Driver Fatigue and Alertness Study full report. This ANPRM is mandated by the ICC Termination Act of 1995.

TITLE: General Jurisdiction Over Freight Forwarder Service; Proposed Rule; Notice of proposed rulemaking (NPRM); request for comments; 49 CFR Part 373; published: 1/28/97; Comment period ends: 03/31/97; [FHWA Docket No. MC-96-43; FHWA-97-2290]; 62 FR 4096.

SUMMARY: This NPRM proposes changes to existing regulations regarding the issuance of bills of lading by freight forwarders and also gives notice of the FHWA's general jurisdiction over all segments of the freight forwarding industry (not just household goods freight forwarders), in accordance with the ICC Termination Act of 1995 (ICCTA), Public Law 104-88, 109 Stat. 803. Before the ICCTA became effective on January 1, 1996, the former Interstate Commerce Commission (ICC) had both general and licensing jurisdiction over household goods freight forwarders only, because the non-household goods segment of the freight forwarding industry had been substantially deregulated in 1985. The ICCTA abolished the ICC and gave the Secretary of Transportation (Secretary) general jurisdiction over all freight forwarder service, requiring freight forwarders to register with the Secretary to provide the transportation or service they seek to provide. The Secretary has delegated this authority over all freight forwarder service to the FHWA. This NPRM proposes to amend 49 CFR 373.201, which governs the issuance of bills of lading by household goods freight forwarders, by expanding its coverage to include the non-household goods segment of the freight forwarder industry.

TITLE: Review of the Federal Motor Carrier Safety Regulations; Regulatory Removals and Substantive Amendments; Notice of proposed rulemaking (NPRM); request for comments; 49 CFR Parts 387, 390, 391, 392, 395, 396, and 397; published: 1/27/97; Comment period ends: March 28, 1997; [FHWA Docket No. MC-97-3; FHWA-97-2328]; 62 FR 3855.

SUMMARY: This document requests comments on the intent of the FHWA to remove, amend, and redesignate certain regulations concerning financial responsibility; general applicability and definitions; accident recordkeeping requirements; qualifications of drivers; driving of commercial motor vehicles; hours of service of drivers; inspection, repair, and maintenance; and the transportation of hazardous materials. These regulations are obsolete, redundant, unnecessary, ineffective, burdensome, more appropriately regulated by State and local authorities, better addressed by company policy, in need of clarification, or more appropriately contained in another section. This action is consistent with the FHWA's Zero Base Regulatory Review and the President's Regulatory Reinvention Initiative.

NOTICES - GENERAL

TITLE: Motor Carrier Regulatory Relief and Safety Demonstration Project; Extension of deadline for submission of applications; published: 12/16/97; Deadline: 06/30/98; [FHWA Docket No. MC-96-40; FHWA-97-2287]; 62 FR 65847.

SUMMARY: The FHWA is extending the deadline for motor carriers to submit applications to participate in the agency's Motor Carrier Regulatory Relief and Safety Demonstration Project (the Project). The Project will allow eligible motor carriers operating light- to medium-weight commercial motor vehicles in interstate commerce to qualify for an exemption from certain Federal Motor Carrier Safety Regulations (FMCSRs) for a three-year period.

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