§385.4 FMCSA amended its Hazardous Materials Safety Permit regulations to incorporate by reference the April 1, 2019, edition of the Commercial Vehicle Safety Alliance's (CVSA) “North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR part 173.403.” The Out-of-Service Criteria provides uniform enforcement tolerances for roadside inspections to enforcement personnel nationwide, including FMCSA's State partners.

§§380.600, 380.603, 383.71, 383.73 384.230 & 384.301 FMCSA amended its December 8, 2016, final rule, "Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators" (ELDT final rule), by extending the compliance date for the rule from February 7, 2020, to February 7, 2022. This action provided FMCSA additional time to complete development of the Training Provider Registry (TPR). The TPR allows training providers to self-certify that they meet the training requirements and will provide the electronic interface that will receive and store entry-level driver training (ELDT) certification information from training providers and transmit that information to the State Driver Licensing Agencies (SDLAs). The extension also provided SDLAs with time to modify their information technology (IT) systems and procedures, as necessary, to accommodate their receipt of driver-specific ELDT data from the TPR. FMCSA delayed the entire ELDT final rule, as opposed to a partial delay as proposed, due to delays in implementation of the TPR that were not foreseen when the proposed rule was published.

§367.60 This rule established reductions in the annual registration fees the States collect from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies for the Unified Carrier Registration (UCR) Plan and Agreement for the registration years beginning in 2020. For the 2020 registration year, the fees were reduced by 14.45 percent below the 2018 registration fee level to ensure that fee revenues collected do not exceed the statutory maximum, and to account for the excess funds held in the depository. The fees will remain at the same level for 2021 and subsequent years unless revised in the future. The reduction of the current 2019 registration year fees (finalized on December 28, 2018) range from approximately $3 to $2,712 per entity, depending on the number of vehicles owned or operated by the affected entities.

§389.39 This final rule set forth a comprehensive revision and update of the Department's regulations on rulemaking procedures and consolidates all of the Department's existing administrative procedures in one location. It also incorporated and reflects the Department's current policies and procedures relating to the issuance of rulemaking documents. Finally, it codified the Department's internal procedural requirements governing the review and clearance of guidance documents and the initiation and conduct of enforcement actions, including administrative enforcement proceedings and judicial enforcement actions brought in Federal court.

§§382.725, 383.73 & 384.235 FMCSA extended the compliance date for the requirement established by the December 5, 2016, Commercial Driver's License Drug and Alcohol Clearinghouse (Clearinghouse) final rule that States request information from the Clearinghouse ("query") about individuals before completing certain commercial driver's license (CDL) transactions for those drivers. The States' compliance with this requirement, due to begin on January 6, 2020, was delayed until January 6, 2023. This rule allowed States the option to voluntarily request Clearinghouse information beginning on January 6, 2020. The compliance date extension allowed FMCSA the time needed to complete its work on a forthcoming rulemaking to address the States' use of driver-specific information from the Clearinghouse, and time to develop the information technology platform through which States will electronically request and receive Clearinghouse information. The compliance date of January 6, 2020, remained in place for all other requirements set forth in the Clearinghouse final rule.

§§383.5, 383.93, 383.141 & 384.233 FMCSA adopted those requirements of the interim final rule (IFR) published on May 5, 2003 (2003 IFR), and the IFR published on April 29, 2005 (2005 IFR), which have not previously been finalized, as final without change. The 2003 IFR amended the Federal Motor Carrier Safety Regulations (FMCSRs) to prohibit States from issuing, renewing, transferring, or upgrading a commercial driver's license (CDL) with a hazardous materials endorsement unless the Transportation Security Administration (TSA) in the Department of Homeland Security has first conducted a security threat assessment and determined that the applicant does not pose a security risk warranting denial of the hazardous materials endorsement, as required by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act). The 2005 IFR amended the FMCSRs to conform to the TSA's compliance date and reduce the amount of advance notice that States must provide to drivers that a security threat assessment will be performed when they renew a hazardous materials endorsement. In addition, this rule incorporated a provision of the Implementing Recommendations of the 9/11 Commission Act of 2007 and two provisions of the FAA Reauthorization Act of 2018, which together authorize a State to issue a license to operate a motor vehicle transporting hazardous material in commerce to an individual who holds a valid transportation security card. In particular, the Agency incorporated TSA's definition of a Transportation Worker Identification Credential (TWIC) as equivalent to a Transportation Security Card (TSC).

§§390.5, 390.5T, 390.21, 390.21T, 390.300T, 390.305, 390.401 & 390.403 FMCSA amended its May 27, 2015, final rule on Lease and Interchange of Vehicles; Motor Carriers of Passengers (2015 final rule) in response to petitions for rulemaking. This final rule narrowed the applicability of the 2015 final rule by excluding certain contracts and other agreements between motor carriers of passengers that have active passenger carrier operating authority registrations with FMCSA from the definition of lease and the associated regulatory requirements. For passenger carriers that remain subject to the leasing and interchange requirements, FMCSA returned the bus marking requirement to its July 1, 2015, state with slight modifications to add references to leased vehicles; revises the exception for the delayed writing of a lease during certain emergencies; and removes the 24-hour lease notification requirement.

§§325.3, 350.213, 365.203, 365.203T, 380.725, 382.107, 383.25, 385.13, 385.19, 385.403, 385.405, 385.405T, 385.417, 387.303, 387.303T, 387.307, 387.313, 387.313T, 387.413, 387.413T, 389.9, 391.41, 391.46, 391.51, 391.53, 392.10, 395.1, 395.2, 396.15 & Appendix B to Part 385 FMCSA amended its regulations by making technical corrections throughout the Federal Motor Carrier Safety Regulations. The Agency made minor changes to correct inadvertent errors and omissions, remove or update obsolete references, and improve the clarity and consistency of certain regulatory provisions. The Agency also made nondiscretionary, ministerial changes that are statutorily mandated.

§384.301 The FMCSA corrected a final rule that appeared in the Federal Register on July 23, 2019. The document included an incorrect compliance date for States to come into substantial compliance with the provisions in the final rule and an incorrect paragraph designation for this provision.

§§383.51 & 384.301 This final rule revised the list of offenses permanently disqualifying individuals from operating a commercial motor vehicle (CMV) for which a commercial drivers' license or a commercial learner's permit is required. This final rule reflected a change made by Congress in the "No Human Trafficking on Our Roads Act" (the Act) which prohibits an individual from operating a CMV for life if that individual uses a CMV in committing a felony involving a severe form of human trafficking, adding to the list of other disqualifying offenses identified in statute. A list of these disqualifying offenses already exists in the FMCSRs; this final rule is necessary to update that list to include the new disqualifying offense established by the Act. This final rule also set a deadline for States to come into substantial compliance with this requirement.

§395.3 FMCSA amended its hours-of-service (HOS) requirements applicable to drivers of property-carrying commercial motor vehicles (CMVs) to remove provisions requiring that a 34-hour restart include two periods between 1 a.m. and 5 a.m. and limiting use of a restart to once every 168 hours — provisions that were promulgated in December 2011. In a series of Appropriations Acts, Congress suspended these provisions, pending completion of a naturalistic study comparing the effects of the restart provisions in effect under the 2011 rule versus provisions in effect prior to the 2011 rule's compliance date. The 2017 naturalistic study found no statistically significant benefits from the restart rule. Pursuant to a 2017 Appropriations Act, the 2011 restart rules are therefore void by operation of law. Although not in effect, the provisions remain in the Code of Federal Regulations (CFR), which could cause confusion for some stakeholders.

§383.1 & 383.2 In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule provided the 2019 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations.

§§385.4 & 385.415 FMCSA amended its Hazardous Materials Safety Permit regulations to incorporate by reference the April 1, 2018, edition of the Commercial Vehicle Safety Alliance's (CVSA) "North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR part 173.403.” The Out-of-Service Criteria provided uniform enforcement tolerances for roadside inspections to enforcement personnel nationwide, including FMCSA's State partners.

§380.707 FMCSA corrected the entry-level driver training (ELDT) final rule published on March 6, 2019, titled "Commercial Driver's License Upgrade from Class B to Class A." The March 6, 2019 final rule contained an error in the amendatory instruction that was corrected in order to ensure the regulatory text matched the discussion of the change made in the preamble to the document.

§§380.707 & Appendix A to Part 380 FMCSA amended the entry-level driver training (ELDT) regulations published on December 8, 2016, titled "Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators” (ELDT final rule), by adopting a new Class A CDL theory instruction upgrade curriculum to reduce the training time and costs incurred by Class B commercial driver's license (CDL) holders upgrading to a Class A CDL.

§§40.26 & Appendix H to Part 40 This final rule made minor technical corrections to the OST, FAA, FTA, and PHMSA regulations governing drug testing for safety-sensitive employees to ensure consistency with the recent amendments made to the Department of Transportation's regulation, "Procedures for Transportation Workplace Drug and Alcohol Testing Programs,” which added requirements to test for oxycodone, oxymorphone, hydrocodone, and hydromorphone to DOT-regulated drug testing programs. The changes to the Department's regulation made it necessary to refer to these substances, as well as the previously covered drugs morphine, 6-acetylmorphine, and codeine, by the more inclusive term "opioids,” rather than "opiates.” This rule amended the term in the FAA, FTA, and PHMSA regulations to ensure that all DOT drug testing rules are consistent with one another and with the Mandatory Guidelines for Federal Workplace Drug Testing Programs. In addition, this rule made a conforming amendment to include the term "opioids” in the wording of the Department's annual information collection requirement and clarifications to section 40.26 and Appendix H regarding the requirement for employers to follow the Department's instructions for the annual information collection.

§§383.3, 383.5, 383.21, 383.23, 383.31, 383.33, 383.37, 383.51, 383.75, 383.91, 383.93, 383.95, 383.113, 383.153, 384.209, 384.231 Regulatory Guidance (revised) FMCSA revised certain regulatory guidance concerning the "Commercial Driver's License Standards; Requirements and Penalties" and "State Compliance with Commercial Driver's License Program" rules. FMCSA sought comment specifically on the deletion of 47 FMCSA guidance statements because: The rule is clear and further guidance is not needed; the deleted guidance was unclear; the deleted guidance is duplicative of other guidance statements; or the guidance is obsolete due to rulemakings completed since the guidance was issued. In addition, other guidance statements were revised for clarity and reorganized so that like content is grouped together.