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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. To use compressed file, download
to your computer, then double-click on filename. 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 - GENERALTITLE: 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. Top of Page
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