{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 390 sorted by section_id", "rows": [["34:34:2.1.1.1.22.1.137.1", 34, "Education", "III", "", "390", "PART 390\u2014REHABILITATION SHORT-TERM TRAINING", "A", "Subpart A\u2014General", "", "\u00a7 390.1 What is the Rehabilitation Short-Term Training program?", "ED", "", "", "", "This program is designed for the support of special seminars, institutes, workshops, and other short-term courses in technical matters relating to the vocational, medical, social, and psychological rehabilitation programs, independent living services programs, and client assistance programs."], ["34:34:2.1.1.1.22.1.137.2", 34, "Education", "III", "", "390", "PART 390\u2014REHABILITATION SHORT-TERM TRAINING", "A", "Subpart A\u2014General", "", "\u00a7 390.2 Who is eligible for assistance under this program?", "ED", "", "", "", "Those agencies and organizations eligible for assistance under this program are described in 34 CFR 385.2."], ["34:34:2.1.1.1.22.1.137.3", 34, "Education", "III", "", "390", "PART 390\u2014REHABILITATION SHORT-TERM TRAINING", "A", "Subpart A\u2014General", "", "\u00a7 390.3 What regulations apply to this program?", "ED", "", "", "", "(a) 34 CFR part 385 (Rehabilitation Training); and\n\n(b) The regulations in this part 390."], ["34:34:2.1.1.1.22.1.137.4", 34, "Education", "III", "", "390", "PART 390\u2014REHABILITATION SHORT-TERM TRAINING", "A", "Subpart A\u2014General", "", "\u00a7 390.4 What definitions apply to this program?", "ED", "", "", "", "The definitions in 34 CFR part 385 apply to this program."], ["34:34:2.1.1.1.22.2.137.1", 34, "Education", "III", "", "390", "PART 390\u2014REHABILITATION SHORT-TERM TRAINING", "B", "Subpart B\u2014What Kinds of Projects Does the Department of Education Assist Under This Program?", "", "\u00a7 390.10 What types of projects are authorized under this program?", "ED", "", "", "", "(a) Projects under this program are designed to provide short-term training and technical instruction in areas of special significance to the vocational, medical, social, and psychological rehabilitation programs, supported employment programs, independent living services programs, and client assistance programs.\n\n(b) Short-term training projects may be of regional or national scope.\n\n(c) Conferences and meetings in which training is not the primary focus may not be supported under this program."], ["34:34:2.1.1.1.22.4.137.1", 34, "Education", "III", "", "390", "PART 390\u2014REHABILITATION SHORT-TERM TRAINING", "D", "Subpart D\u2014How Does the Secretary Make a Grant?", "", "\u00a7 390.30 What additional selection criterion is used under this program?", "ED", "", "", "", "In addition to the criteria in 34 CFR 385.31(c), the Secretary uses the following additional selection criterion to evaluate an application:\n\n(a)  Relevance to State-Federal rehabilitation service program.  (1) The Secretary reviews each application for information that shows that the proposed project appropriately relates to the mission of the State-Federal rehabilitation service programs.\n\n(2) The Secretary looks for information that shows that the proposed project can be expected to improve the skills and competence of\u2014\n\n(i) Personnel engaged in the administration or delivery of rehabilitation services; and\n\n(ii) Others with an interest in the delivery of rehabilitation services.\n\n(b)  Evidence of training needs.  The Secretary reviews each application for evidence of training needs as identified through training needs assessment conducted by the applicant or by designated State agencies or designated State units or any other public and private nonprofit rehabilitation service agencies or organizations that provide rehabilitation services and other services authorized under the Act, whose personnel will receive the training."], ["34:34:2.1.1.1.22.5.137.1", 34, "Education", "III", "", "390", "PART 390\u2014REHABILITATION SHORT-TERM TRAINING", "E", "Subpart E\u2014What Conditions Must Be Met by a Grantee?", "", "\u00a7 390.40 What are the matching requirements?", "ED", "", "", "", "A grantee must contribute to the cost of a project under this program in an amount satisfactory to the Secretary. The part of the costs to be borne by the grantee is determined by the Secretary at the time of the award."], ["34:34:2.1.1.1.22.5.137.2", 34, "Education", "III", "", "390", "PART 390\u2014REHABILITATION SHORT-TERM TRAINING", "E", "Subpart E\u2014What Conditions Must Be Met by a Grantee?", "", "\u00a7 390.41 What are allowable costs?", "ED", "", "", "", "(a) In addition to those allowable costs established in 34 CFR 75.530-75.562, the following items are allowable under short-term training projects:\n\n(1) Trainee per diem costs;\n\n(2) Trainee travel in connection with a training course;\n\n(3) Trainee registration fees; and\n\n(4) Special accommodations for trainees with handicaps.\n\n(b) The preparation of training materials may not be supported under a short-term training grant unless the materials are essential for the conduct of the seminar, institute, workshop or other short course for which the grant support has been provided."], ["46:46:8.0.1.12.45.0.18.1", 46, "Shipping", "II", "K", "390", "PART 390\u2014CAPITAL CONSTRUCTION FUND", "", "", "", "\u00a7 390.1 Scope of the regulations.", "FMC", "", "", "[41 FR 4265, Jan. 29, 1976, as amended at 73 FR 56740, Sept. 30, 2008]", "(a)  In general \u2014(1)  Scope.  The regulations prescribed in this part govern the capital construction fund (\u201cfund\u201d) authorized by 46 U.S.C. 53501  et seq.\n\n(2)  Establishment of a fund.  A fund is established by an agreement (\u201cagreement\u201d), which is a contract between the party (\u201cparty\u201d) and the United States.\n\n(3)  Purpose of the fund.  Chapter 535 provides that any agreement entered into with the Secretary of Transportation must be for the purpose of providing replacement vessels, additional vessels or reconstructed vessels to be built and documented in the United States and operated in the United States foreign, Great Lakes or noncontiguous domestic trade.\n\n(4)  Benefits of a fund.  Chapter 535 provides for the nontaxability of certain deposits of money or other property placed into a fund established pursuant to an agreement within certain ceilings. These ceilings are equal to:\n\n(i) Earnings or gains realized from the operation of an agreement vessel;\n\n(ii) Net proceeds realized from the sale or other disposition of an agreement vessel or from insurance or indemnification from the loss of an agreement vessel; and\n\n(iii) Earnings from the investment or reinvestment of amounts on deposit in the fund.\n\n(5)  Delegation.  The Secretary of Transportation has delegated the authority for matters relating to the United States Merchant Marine to the Maritime Administrator, Department of Transportation (\u201cMaritime Administrator\u201d).\n\n(b)  Act.  For purposes of this part, the term Act shall mean Chapter 535 of Title 46, United States Code.\n\n(c)  Joint regulations.  For purposes of this part, the term  joint regulations  shall mean the regulations prescribed by the Secretary of Transportation and the Secretary of the Treasury under Chapter 535 and published in title 26, part 3 of the Code of Federal Regulations (reprinted in part 391 of this chapter).\n\n(d)  Cross references.  For rules relating to the Federal Income Tax aspects of a fund, see the joint regulations. For rules governing agreements relating to the fisheries of the United States, see the separate Secretary of Commerce regulations published in title 50, part 259 of the Code of Federal Regulations."], ["46:46:8.0.1.12.45.0.18.10", 46, "Shipping", "II", "K", "390", "PART 390\u2014CAPITAL CONSTRUCTION FUND", "", "", "", "\u00a7 390.10 Nonqualified withdrawals.", "FMC", "", "", "[41 FR 4265, Jan. 29, 1976, as amended at 73 FR 56740, Sept. 30, 2008]", "(a)  In general \u2014(1)  Defined.  Any withdrawal from a fund which is not a qualified withdrawal is a nonqualified withdrawal.\n\n(2)  Tax aspects of a nonqualified withdrawal.  For the tax aspects of a nonqualified withdrawal, see 46 U.S.C. 53511 and \u00a7 3.7 of the joint regulations (\u00a7 391.7 of this chapter).\n\n(b)  Permission required \u2014(1)  In general.  The prior written permission of the Maritime Administrator is required before a nonqualified withdrawal may be made.\n\n(2)  Failure to secure permission.  A nonqualified withdrawal made without the prior written permission of the Maritime Administrator shall constitute a material breach of the agreement unless the Maritime Administrator shall determine that failure to obtain prior written consent was excusable. See \u00a7 390.13 (relating to failure to fulfill a substantial obligation under the agreement).\n\n(3)  Types of nonqualified withdrawals which will be permitted.  Generally, the Maritime Administrator will give permission to make nonqualified withdrawals when:\n\n(i) The party has incurred operating losses from the operations of agreement vessels which have impaired his working capital and it becomes necessary to reimburse its general funds to the extent of such losses;\n\n(ii) The party desires to make an expenditure for research, development or design and such an expenditure is incident to new and advanced ship design, machinery and equipment;\n\n(iii) The withdrawal would be a qualified withdrawal except for the fact that there is no tax basis left that can be reduced; or\n\n(iv) The party demonstrates, to the satisfaction of the Maritime Administrator, that it cannot fulfill its program due to circumstances beyond its control or due to a change in circumstances which makes the completion of its program economically unfeasible."], ["46:46:8.0.1.12.45.0.18.11", 46, "Shipping", "II", "K", "390", "PART 390\u2014CAPITAL CONSTRUCTION FUND", "", "", "", "\u00a7 390.11 Sale or other disposition of agreement vessels.", "FMC", "", "", "[41 FR 4265, Jan. 29, 1976, as amended at 73 FR 56740, Sept. 30, 2008]", "(a)  Eligible agreement vessels.  The sale or other disposition (including mortgages) of eligible agreement vessels shall not require prior approval of the Maritime Administrator, but shall require written notification within 10 days after the sale or other disposition. Such notification shall include a description of the transaction, the identity of the transferee, the proceeds to be realized, the date of the transaction and whether the proceeds will be deposited into the fund.\n\n(b)  Qualified agreement vessels \u2014(1)  In general.  If a qualified agreement vessel whose basis has been reduced through the application of qualified withdrawals is sold or disposed of (including mortgaged) within one year, interest on the amount of gain attributable to the basis reduction shall attach if the Maritime Administrator determines that the disposition was contrary to the policies of the Act, the joint regulations or these regulations. See \u00a7 390.13 (relating to failure to fulfill a substantial obligation under the agreement).\n\n(2)  Period of one year defined.  The one-year period shall mean 365 days from the date of final delivery from the shipyard in the case of construction or reconstruction and 365 days from the date of first loading of the vessel in the case of an acquisition.\n\n(3)  Prior approval.  The party shall obtain the written approval of the Maritime Administrator prior to the sale or other disposition (including mortgage) of a qualified agreement vessel.\n\n(4)  Deposit requirement.  The Maritime Administrator will not normally require the deposit of the net proceeds from the sale of a qualified agreement vessel but shall require the deposit of the net proceeds from the mortgage of a qualified agreement vessel for which qualified withdrawals from the fund have been made.\n\n(c)  Sale or other disposition of agreement vessels to related persons \u2014(1)  In general.  Section 3.2(c)(4) of the joint regulations (\u00a7 391.2(c)(4) of this chapter) requires that the net proceeds from the sale or other disposition of an agreement vessel shall be the fair market value of the vessel when the party and the purchaser are owned or controlled directly or indirectly by the same interests within the meaning of section 482 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder. In such case, the party shall furnish data to establish that the amount realized or to be realized is the fair market value.\n\n(2)  Data to be submitted.  Sufficient data must be submitted to support a determination by the Maritime Administrator of the fair market value including the original cost of the vessel, dates of original delivery, acquisition and reconstruction, as applicable, cost of improvements, sales price, costs of sale and any other information which would assist in making such determination."], ["46:46:8.0.1.12.45.0.18.12", 46, "Shipping", "II", "K", "390", "PART 390\u2014CAPITAL CONSTRUCTION FUND", "", "", "", "\u00a7 390.12 Liquidated damages.", "FMC", "", "", "[41 FR 4265, Jan. 29, 1976, as amended at 42 FR 34283, July 5, 1977; 73 FR 56740, Sept. 30, 2008]", "(a)  Liquidated damages \u2014(1)  In general.  Each agreement entered into under Chapter 535 shall contain a liquidated damages provision for the purpose of placing the party into its prefund position for each day a qualified agreement vessel is operated in violation of the geographic trading restrictions contained in the Act and \u00a7 390.5. The liquidated damages provision requires that the party repay the time value of the deferral of Federal Income Tax which the party has received.\n\n(2)  Calculation of liquidated damages.  The liquidated damages specified in this paragraph shall be calculated as follows:\n\n(i) With respect to each vessel operated in violation of the applicable trading restrictions, add (A) the sum of qualified withdrawals for the vessel which have been made from the ordinary income and capital gain accounts to the date of breach, and (B) the amount of any unpaid principal on indebtedness for the vessel which may be paid from the fund less any portion of such amount which by operation of law must be withdrawn from the capital account balance on deposit in the fund on the date of the breach.\n\n(ii) Multiply the total derived in paragraph (a)(2)(i) of this section by an assumed effective Federal Income Tax rate of 30 percent;\n\n(iii) Compound the product derived in paragraph (a)(2)(ii) of this section at 8 percent annually (A) for 20 years, if the duration of the trading restrictions applicable to the vessel is 20 years in accordance with paragraph (b)(1)(i) of this section; (B) for 10 years, if the duration of the trading restrictions applicable to the vessel is 10 years in accordance with paragraphs (b)(1) (ii), (iii) or (iv) of this section; or (C) for 5 years, if the duration of the trading restrictions applicable to the vessel is 5 years in accordance with paragraph (b)(1)(iv) of this section.\n\n(iv) Subtract the amount calculated in paragraph (a)(2)(ii) of this section from the product derived in paragraph (a)(2)(iii) of this section;\n\n(v) Divide the result derived in paragraph (a)(2)(iv) of this section by 2; and\n\n(vi) Divide the result derived in paragraph (a)(2)(v) of this section (A) by 7300 (days) if the duration of the trading restrictions applicable to the vessel is 20 years; (B) by 3650 (days) if the duration of the trading restrictions applicable to the vessel is 10 years; or (C) by 1825 (days) if the duration of the trading restrictions applicable to the vessel is 5 years.\n\n(3)  Formula.  The calculation of the daily rate of liquidated damages may be reduced to the following formula:\n\nX  = [ I ( QT )\u2212 S ]/2 D\n\nWhere:\n \n X  = Daily rate in dollars.\n \n Q  = Summation of qualified withdrawals, other than withdrawals from the capital account, permitted from the fund.\n \n T  = Assumed effective tax rate of 30 pct.\n \n S  = Tax savings = ( Q )( T ).\n \n I  = Discount factor to be applied for vessels subject to 20-yr trading restriction = 4.660957; for vessels subject to 10-yr trading restriction = 2.158925; for vessels subject to 5-yr trading restriction = 1.469328 (value of $1 compounded at 8 pct for 20, 10, and 5 yr respectively).\n \n D  = 7,300 d for vessels subject to 20-yr trading restriction; 3,650 d for vessels subject to 10-yr trading restriction; 1,825 d for vessel subject to 5-yr trading restriction.\n\nWhere:\n\nX  = Daily rate in dollars.\n\nQ  = Summation of qualified withdrawals, other than withdrawals from the capital account, permitted from the fund.\n\nT  = Assumed effective tax rate of 30 pct.\n\nS  = Tax savings = ( Q )( T ).\n\nI  = Discount factor to be applied for vessels subject to 20-yr trading restriction = 4.660957; for vessels subject to 10-yr trading restriction = 2.158925; for vessels subject to 5-yr trading restriction = 1.469328 (value of $1 compounded at 8 pct for 20, 10, and 5 yr respectively).\n\nD  = 7,300 d for vessels subject to 20-yr trading restriction; 3,650 d for vessels subject to 10-yr trading restriction; 1,825 d for vessel subject to 5-yr trading restriction.\n\nThe formula may be further reduced to:\n\nX  = 0.5491436 Q /7,300\n\nfor vessels subject to 20 year trading restriction,\n\nX  = 0.1738388 Q /3,650\n\nfor vessels subject to 10 year trading restriction,\n\nX  = 0.0703992 Q /1,825\n\nfor vessels subject to 5 year trading restriction.\n\n(4)  Example.  The provisions of paragraphs (c)(2) and (c)(3) of this section may be illustrated by the following example:\n\nAssume that a qualified agreement vessel has been constructed with qualified withdrawals from a fund. The total cost was $20 million of which $6 million was withdrawn from the fund for a downpayment. Pursuant to the agreement, an additional $4 million may be withdrawn from the fund to pay principal on indebtedness. Thus, $10 million has been or may be withdrawn from the fund with respect to this vessel. The daily rate of liquidated damages would be:\n \n X  = 0.5491436 (10,000,000)/7300 or  X  = $752.25\n\nAssume that a qualified agreement vessel has been constructed with qualified withdrawals from a fund. The total cost was $20 million of which $6 million was withdrawn from the fund for a downpayment. Pursuant to the agreement, an additional $4 million may be withdrawn from the fund to pay principal on indebtedness. Thus, $10 million has been or may be withdrawn from the fund with respect to this vessel. The daily rate of liquidated damages would be:\n\nX  = 0.5491436 (10,000,000)/7300 or  X  = $752.25\n\n(5)  Payment of liquidated damages.  The amount derived in paragraph (a)(2) of this section shall be the daily rate of liquidated damages and shall be paid to the Maritime Administrator, for deposit in the Treasury of the United States, within 30 days from the date the qualified agreement vessel first entered the prohibited geographic trade and shall be for all amounts owing from such date thereafter until the date payment is due. Payments, for continuing breaches, shall be made at 30 day intervals.\n\n(6)  Other remedies.  Nothing in this paragraph shall diminish the Maritime Administrator's other remedies for breach under the Act, the rules and regulations or the agreement.\n\n(b)  Duration of restrictions \u2014(1)  In general.  The geographic trading restrictions in the Act and \u00a7 390.5 and the liquidated damages provision shall apply for:\n\n(i) 20 years from the date of final delivery on qualified agreement vessels constructed or acquired within one year of final delivery from the shipyard with the aid of qualified withdrawals;\n\n(ii) 10 years from the date of completion of reconstruction for qualified agreement vessels reconstructed with the aid of qualified withdrawals;\n\n(iii) 10 years from the date of acquisition of qualified agreement vessels acquired with the aid of qualified withdrawals more than one year after final delivery of the vessel from the shipyard;\n\n(iv) 10 years from the date of the first qualified withdrawal from the fund to pay the existing indebtedness on a qualified agreement vessel which was included in Schedule B for that purpose unless the qualified vessel was more than fifteen years old on the date of the first qualified withdrawal in which case the period shall be five years.\n\n(2)  Transfer of qualified agreement vessel.  In the event a qualified agreement vessel is sold or transferred to another person (see paragraph (b)(3) of \u00a7 390.11 requiring prior permission), the transferor shall require in the bill of sale that the transferee agree with the Maritime Administrator to comply with the geographic trading restrictions and to pay liquidated damages for any breach of such agreement that occurs after the transfer. The transferor shall remain liable for any violations that occurred prior to the approved transfer. However, in the case of a like kind exchange which is governed by section 1031 of the Internal Revenue Code of 1986, as amended, if the vessel acquired by the party has an economic life equal to or greater than the length of the geographic trading restrictions that remain applicable to the transferred vessel, the acquired vessel shall be deemed to be a qualified agreement vessel and the geographic trading restrictions of the transferred vessel shall attach to the acquired vessel."], ["46:46:8.0.1.12.45.0.18.13", 46, "Shipping", "II", "K", "390", "PART 390\u2014CAPITAL CONSTRUCTION FUND", "", "", "", "\u00a7 390.13 Failure to fulfill a substantial obligation under the agreement.", "FMC", "", "", "[41 FR 4265, Jan. 29, 1976, as amended at 73 FR 56740, Sept. 30, 2008]", "(a)  In general.  46 U.S.C. 53509(c) requires the Maritime Administrator to determine whether there has been a failure to fulfill a substantial obligation under an agreement.\n\n(b)  Contracting Officer's tentative conclusion \u2014(1)  Notice.  If the Contracting Officer tentatively concludes that any substantial obligation under the agreement, the joint regulations or these regulations is not being fulfilled by the party he shall serve written notice of his tentative conclusion upon the party by certified mail with return receipt requested. The notice shall contain the following information:\n\n(i) A statement of the grounds upon which the tentative conclusion is based;\n\n(ii) The amount the Contracting Officer tentatively concludes should be withdrawn as a nonqualified withdrawal; and\n\n(iii) A statement that the tentative conclusion shall become a final decision unless the party requests, within 30 days, an opportunity either to cure its breach or to be heard and offer evidence in opposition to the tentative conclusion.\n\n(2)  Effect of notice.  The notice of the tentative conclusion shall become a final decision as described in paragraph (d)(1) of this section, unless within 30 days of receipt of such a written notice the party by personal delivery or by certified mail, requests the opportunity either to cure its breach or to be heard and offer evidence in opposition to the tentative conclusion, in which case no further withdrawals from the fund, without the written prior approval of the Contracting Officer, shall be made by the party until a binding final decision is reached by the Maritime Administration.\n\n(c)  Basis for Contracting Officer's tentative conclusion.  In determining whether a party has not fulfilled a substantial obligation under its agreement, the Contracting Officer shall consider among other things:\n\n(1) The effect of the party's action or omission upon its ability to either carry out the purpose of the fund, accomplish its Schedule B program (see \u00a7 390.4(c)) or satisfy its minimum level of deposits in Schedule D (see \u00a7 390.4(e)).\n\n(2) Whether the party has made material misrepresentations in connection with its application, agreement or any modification or amendment thereto or has failed to disclose material information that may affect its agreement or the purpose of the fund.\n\n(d)  Contracting Officer's decision and appeals to the Maritime Administrator \u2014(1)  Where there has not been a request to cure or to be heard.  If the Contracting Officer issues a written notice under paragraph (b) of this section and the party does not request within 30 days an opportunity either to cure its breach or to be heard and offer evidence in opposition to the tentative conclusion, the Contracting Officer's tentative conclusion shall become the final decision, which decision shall be final, conclusive and binding upon the party, and no appeal therefrom shall be taken to the Maritime Administrator.\n\n(2)  Where there has been a request to cure or to be heard.  If the Contracting Officer issues a written notice under paragraph (b) of this section and the party requests within 30 days an opportunity either to cure its breach or to be heard and offer evidence in opposition to the tentative conclusion, the party shall be offered such an opportunity. Request to cure must include a proposal to cure the breach. If the Contracting Officer accepts the party's proposal to cure its breach, then such determination shall be final. A party requesting to be heard and offer evidence in opposition to the Contracting Officer's tentative conclusion shall be permitted to submit, in writing, any information, evidence or argument within a period set by the Contracting Officer after considering the wishes of the party. The Contracting Officer shall reduce his final decision to writing and furnish the party a copy, by certified mail\u2014return receipt requested, which decision shall be final and conclusive and shall bind the party unless within 30 days of receipt of the decision the party appeals from said decision by personal delivery or by certified mail to the Maritime Administrator with notice to the Contracting Officer.\n\n(e)  Appeals to the Maritime Administrator.  Appeals with a request for a hearing on the record, if desired, are to be transmitted pursuant to paragraph (d) of this section and are to be addressed to the Maritime Administrator. Upon the filing of an appeal, the Contracting Officer shall transmit the entire record and a copy of his final decision to the Maritime Administrator. If a request for a hearing on the record is granted, the Maritime Administrator shall proceed pursuant to the Rules of Practice and Procedure in part 201 of this title. The decision of the Maritime Administrator on any question of fact shall be final, conclusive and binding upon the party unless determined by a court of competent jurisdiction to be fraudulent, capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence."], ["46:46:8.0.1.12.45.0.18.14", 46, "Shipping", "II", "K", "390", "PART 390\u2014CAPITAL CONSTRUCTION FUND", "", "", "", "\u00a7 390.14 Departmental reports and certification.", "FMC", "", "", "[55 FR 34929, Aug. 27, 1990]", "(a)  In general.  For each calendar year, the Secretary of Transportation shall provide the Secretary of the Treasury, within 120 days after the close of such calendar year, a written report with respect to those capital construction funds under the Secretary of Transportation's jurisdiction.\n\n(b)  Content of reports.  Each report shall set forth the name and taxpayer identification number of each person:\n\n(1) Establishing a capital construction fund during such calendar year;\n\n(2) Maintaining a capital construction fund as of the last day of such calendar year;\n\n(3) Terminating a capital construction fund during such calendar year;\n\n(4) Making any withdrawal from or deposit into (and the amounts thereof) a capital construction fund during such calendar year; or\n\n(5) With respect to which a determination has been made during such calendar year that such person has failed to fulfill a substantial obligation under any capital construction fund agreement to which such person is a party."], ["46:46:8.0.1.12.45.0.18.2", 46, "Shipping", "II", "K", "390", "PART 390\u2014CAPITAL CONSTRUCTION FUND", "", "", "", "\u00a7 390.2 Application for an agreement.", "FMC", "", "", "[41 FR 4265, Jan. 29, 1976, as amended at 47 FR 25530, June 14, 1982; 68 FR 62539, Nov. 5, 2003; 69 FR 61452, Oct. 19, 2004; 73 FR 56740, Sept. 30, 2008]", "(a)  In general \u2014(1)  Application instructions.  The Maritime Administrator has adopted instructions for making application for an agreement. These instructions are contained in appendix I to this part. MARAD will accept electronic options (such as facsimile and Internet) for transmission of required information to MARAD, if practicable.\n\n(2)  General eligibility requirements.  Chapter 535 specifies who is eligible for a fund and the application instructions specify what information is required to establish such eligibility. An applicant must:\n\n(i) Be a citizen of the United States within the meaning of 46 U.S.C. 50501, as amended (46 U.S.C. 802, 803). See part 355 of this title for requirements for establishing United States citizenship;\n\n(ii) Own or be the lessee of one or more eligible vessels or share thereof as defined in 46 U.S.C. 53501, or be party to a contract for the construction of one or more eligible vessels, or share thereof, as defined in paragraph (b) of \u00a7 390.5;\n\n(iii) Have a program which furthers the purposes of the Act (see \u00a7 390.3 relating to policy considerations) and provides for the acquisition, construction or reconstruction of a qualified vessel, as defined in 46 U.S.C. 53501(5). Such provisions state that the vessel will be operated in the United States foreign, Great Lakes, noncontiguous domestic, or short sea transportation trade as defined in 46 U.S.C. 53501 and 46 U.S.C. 109(b); and\n\n(iv) Demonstrate the financial capabilities to accomplish the program.\n\n(b)  Information which may be required in conjunction with the application.  An applicant must provide such facts, documents and materials as the Maritime Administrator may require in considering whether to enter into an agreement. An applicant should be ready to make available such applicable materials, including, but not limited to: Design plans, data concerning the reasonableness of the cost of the program, construction contracts, financial statements, certificates of incorporation, bylaws, articles of partnership, stock ownership data and other information including judgments and pending litigation which would affect the proposed program. The specific information required is set forth in the instructions."], ["46:46:8.0.1.12.45.0.18.3", 46, "Shipping", "II", "K", "390", "PART 390\u2014CAPITAL CONSTRUCTION FUND", "", "", "", "\u00a7 390.3 Policy considerations.", "FMC", "", "", "[41 FR 4265, Jan. 29, 1976, as amended at 73 FR 56740, Sept. 30, 2008]", "(a)  In general.  It is the policy of the United States, as set forth in 46 U.S.C. 50501, that for the national defense and the development of its foreign and domestic commerce, the United States shall have a merchant marine: sufficient to carry a substantial portion of its water-borne export and import foreign commerce and to provide shipping service essential for maintaining the flow of such commerce at all times; capable of serving as auxiliaries in time of war or national emergency; owned and operated by United States citizens insofar as practicable and composed of the best equipped, safest and most suitable types of vessels, constructed and documented in the United States and manned with United States citizens.\n\n(b)  Unacceptable programs \u2014(1)  In general.  The Maritime Administrator will not enter into an agreement where the proposed program is not, in his opinion, in consonance with the policies of the Act.\n\n(2)  Specific unacceptable programs.  The Maritime Administrator will not enter into an agreement where the proposed program is merely to accomplish the following:\n\n(i) Reconstruction of an existing vessel, unless such reconstruction will exceed $1,000,000 in cost, will be capitalized under the Internal Revenue Code of 1986, as amended, and the regulations thereunder and will result in a vessel which is significantly more competitive;\n\n(ii) Acquisition of an existing vessel; or\n\n(iii) Payment of the principal on existing indebtedness.\n\n(3)  Waiver.  The Maritime Administrator may, for good cause shown, waive the provisions of paragraph (b)(2) of this section. For example, the Maritime Administrator may waive the monetary limit in paragraph (b)(2)(i) of this section where the applicant proposes to reconstruct a small vessel."], ["46:46:8.0.1.12.45.0.18.4", 46, "Shipping", "II", "K", "390", "PART 390\u2014CAPITAL CONSTRUCTION FUND", "", "", "", "\u00a7 390.4 Description of the agreement.", "FMC", "", "", "", "(a)  In general.  The agreement consists of a standard part and appended schedules. The standard part of the agreement contains recitals, covenants and warranties which apply to all parties. The appended schedules set forth the particular program of the party and contain other information unique to each agreement. See \u00a7 390.6 (relating to administration of the agreement) for procedures and criteria for the modification of schedules.\n\n(b)  Schedule A\u2014Eligible agreement vessels.  Schedule A lists the names of eligible agreement vessels (as defined in \u00a7 390.5), whether owned or leased, and the allowable percentage of the depreciation ceiling, if any, available for deposit purposes by the party. See \u00a7 390.7 (relating to deposits) for allowable depreciation in the case of leased vessels.\n\n(c)  Schedule B\u2014Program \u2014(1)  In general.  Schedule B sets forth the program of the party including the cost of the program and the time in which the program shall be accomplished.\n\n(2)  Items in Schedule B.  Schedule B shall contain:\n\n(i) A statement describing each qualified agreement vessel (as defined in \u00a7 390.5) to be acquired, constructed or reconstructed. In the case of reconstruction, the statement will include a general description of the work to be performed;\n\n(ii) The anticipated date on which the acquisition, construction or reconstruction of each qualified agreement vessel will commence;\n\n(iii) The anticipated total cost, including any costs which will not be paid from the fund, of the acquisition, construction or reconstruction of each qualified agreement vessel; and\n\n(iv) The amount to be withdrawn from the fund with respect to the acquisition, construction or reconstruction of each qualified agreement vessel.\n\n(3)  Submission of contracts.  When a contract is executed for any acquisition, construction or reconstruction relating to the agreement, such contract shall be submitted within 30 days after execution to the Maritime Administrator who shall then determine whether such undertaking is in accordance with the program set forth in Schedule B.\n\n(d)  Schedule C\u2014Depositories.  Schedule C lists, by name and address, the depositories of the fund. See \u00a7 390.7 (relating to deposits).\n\n(e)  Schedule D\u2014Minimum deposits.  Schedule D sets forth the minimum deposits which must be made into the fund. See \u00a7 390.7 (relating to deposits) for the procedure in setting minimum deposits.\n\n(f)  Submission of proposed schedules.  An applicant shall submit proposed schedules with his application. The specific information required in such schedules is set forth in the application instructions referred to in paragraph (a)(1) of \u00a7 390.2. A sample agreement (standard part and appended schedules) is contained in appendix II to this part."], ["46:46:8.0.1.12.45.0.18.5", 46, "Shipping", "II", "K", "390", "PART 390\u2014CAPITAL CONSTRUCTION FUND", "", "", "", "\u00a7 390.5 Agreement vessels.", "FMC", "", "", "[41 FR 4265, Jan. 29, 1976, as amended at 55 FR 34928, Aug. 27, 1990; 73 FR 56740, Sept. 30, 2008; 74 FR 17097, Apr. 14, 2009]", "(a)  In general.  46 U.S.C. 53501 states the requirements for eligible, qualified and agreement vessels. The rules in this section further define such terms and state how vessels must be listed on Schedules A and B in the agreement.\n\n(b)  Eligible agreement vessels \u2014(1)  Definition.  An eligible agreement vessel, which may be used to establish ceilings for deposit purposes, is any vessel:\n\n(i) Constructed in the United States, and if reconstructed, reconstructed in the United States; the term  constructed or reconstructed in the United States  includes any vessel which was constructed or reconstructed outside of the United States but documented under the laws of the United States on April 15, 1970, or constructed or reconstructed outside of the United States for use in the United States foreign commerce pursuant to a contract entered into before April 15, 1970;\n\n(ii) Documented under the laws of the United States;\n\n(iii) Operated in the foreign or domestic commerce of the United States;\n\n(iv) Engaged primarily in the waterborne carriage of men, materials, goods or wares; and\n\n(v) Designated in the agreement as an \u201celigible agreement vessel.\u201d\n\n(2)  Scope of the term \u201celigible agreement vessel.\u201d  For purposes of generating ceilings for deposits under 46 U.S.C. 53505 and the joint regulations the term  eligible agreement vessel  includes any:\n\n(i) Tug or barge;\n\n(ii) Vessels which have been contracted for or are in the process of construction; and\n\n(iii) Share interest in a vessel; the party is considered to have a share interest in an eligible agreement vessel if the party has the right to use the vessel to generate income or a right to the proceeds or a portion of the proceeds from its use even if the party does not have a proprietary interest in the vessel for purposes of State or Federal law.\n\n(3)  Foreign or domestic commerce.  For the purpose of paragraph (b)(1)(iii) of this section the term  foreign or domestic commerce  means the water-borne carriage of men, materials, goods or wares between:\n\n(i) Two points in the United States;\n\n(ii) A point in the United States and a point in a foreign country; or\n\n(iii) Two points in the same foreign country or points in two different foreign countries.\n\n(c)  Qualified agreement vessels \u2014(1)  Definition.  A qualified agreement vessel which may be acquired, constructed or reconstructed with the aid of qualified withdrawals, is any vessel:\n\n(i) Constructed in the United States, and if reconstructed, reconstructed in the United States; the term  constructed or reconstructed in the United States  includes any vessel which was constructed or reconstructed outside of the United States but documented under the laws of the United States on April 15, 1970, or constructed or reconstructed outside of the United States for use in the United States foreign commerce pursuant to a contract entered into before April 15, 1970;\n\n(ii) Documented under the laws of the United States;\n\n(iii) Operated in the United States foreign, Great Lakes, noncontiguous domestic, or short sea transportation trade.\n\n(iv) Engaged primarily in the water-borne carriage of men, materials, goods or wares; and\n\n(v) Designated in the agreement as a \u201cqualified agreement vessel.\u201d\n\n(2)  Scope of the term \u201cqualified agreement vessel.\u201d  For purposes of making qualified withdrawals under 46 U.S.C. 53509 and the joint regulations the term  qualified agreement vessel  includes any:\n\n(i) Cargo handling equipment which the Maritime Administrator determines will be used primarily on a qualified agreement vessel. Normally any auxiliary equipment which is ordinarily carried from port to port, excluding equipment that needs frequent replacement due to normal wear and tear, and is used in conjunction with the loading or unloading of the vessel is deemed to be cargo handling equipment;\n\n(ii) Ocean-going towing vessel or barge which the Maritime Administrator determines is suitable for the trade in which the party intends to operate such vessel or barge, or any comparable vessel or barge operated on the Great Lakes which is suitable for its intended trade; and\n\n(iii) Proprietary interest in a qualified agreement vessel as, for example, that which may result from a joint venture or partnership.\n\n(3)  Foreign trade.  Foreign trade shall mean the water-borne carriage of men, materials, goods or wares between:\n\n(i) A point in the United States and a point in a foreign country;\n\n(ii) Two points in the domestic trade permitted under the first sentence of 46 U.S.C. 53101 note; or\n\n(iii) Two points in the same foreign country or points in two different foreign countries in the case of liquid and dry bulk cargo carrying services provided the party demonstrates that such operating flexibility is needed to compete with foreign flag vessels in its operations or in competing for charters.\n\n(4)  Great Lakes trade.  Great Lakes trade shall mean the waterborne carriage of men, materials, goods or wares between points on the Great Lakes and their connecting and tributary waterways in the immediate environs of the Great Lakes.\n\n(5)  Noncontiguous domestic trade.  Noncontinguous domestic trade shall mean the water-borne carriage of men, materials, goods or wares between:\n\n(i) The contiguous 48 States on the one hand and Alaska, Hawaii, Puerto Rico and the insular territories and possessions of the United States on the other hand; and\n\n(ii) Any point in Alaska, Hawaii, Puerto Rico and the insular territories and possessions of the United States, and any other point in Alaska, Hawaii, Puerto Rico and such territories and possessions.\n\n(6) Short Sea Transportation Trade. The term short sea transportation trade means the carriage by vessel of cargo\u2014\n\n(i) That is:\n\n(A) Contained in intermodal cargo containers and loaded by crane on the vessel; or\n\n(B) Loaded on the vessel by means of wheeled technology; and\n\n(ii) That is:\n\n(A) Loaded at a port in the United States and unloaded either at another port in the United States or at a port in Canada located in the Great Lakes Saint Lawrence Seaway System; or\n\n(B) Loaded at a port in Canada located in the Great Lakes Saint Lawrence Seaway System and unloaded at a port in the United States.\u201d\n\n(7)  Nonqualified operations.  Nonqualified operations for qualified agreement vessels include:\n\n(i) Positioning vessels in support of domestic operations prohibited by Chapter 535;\n\n(ii) Use of barges as docks and ramps;\n\n(iii) Except as provided in (c)(8) (i) and (ii) of this section:\n\n(A) Foreign-to-foreign trade, consisting of voyages originating and ending in foreign ports, with no intermediate domestic cargo operation, and\n\n(B) Trade from foreign ports to and form U.S. oil rigs in international waters; and\n\n(iv) Bunkering in support of non-qualified trade operations.\n\n(8)  Permissible operations.  Permissible operations for qualified agreement vessels include:\n\n(i) Foreign-to-foreign trade in the case of vessels operating as part of U.S.-flag service and carrying cargo originating in or destined for U.S. ports, i.e., U.S.-flag feeder vessels;\n\n(ii) Foreign-to-foreign trade, including the lightering of foreign-flag vessels, in the case of vessels carrying liquid or dry bulk cargoes when the carrier has demonstrated to the Administrator:\n\n(A) The need for such foreign-to-foreign shipments (as required by 46 U.S.C. 109 and paragraph (c)(iii) of this section), and\n\n(B) That the proposed cargo would qualify as liquid or dry bulk cargo;\n\n(iii) Ship assist work, including lightering or shifting of a vessel at the end or beginning of a noncontiguous domestic, short sea transportation trade, Great Lakes or U.S. foreign trade voyage. In addition, the lightering of foreign-flag vessels in U.S. ports is permitted.\n\n(9)  United States construction.  An agreement vessel is considered to be of United States construction if:\n\n(i) It is built entirely in a shipyard or shipyards within any of the United States and the Commonwealth of Puerto Rico;\n\n(ii) All components of the hull and superstructure are fabricated in the United States; and\n\n(iii) The vessel is assembled entirely in the United States.\n\n(d)  Agreement vessels \u2014(1)  Definition.  The term  agreement vessel  means any eligible or qualified vessel which is subject to an agreement.\n\n(2)  Scope of the term \u201cagreement vessel.\u201d  For purposes of generating ceilings and making qualified withdrawals the term  agreement vessel  includes containers, trailers or barges which are part of the complement of an agreement vessel. The complement is limited to three times the container, trailer or barge capacity of the vessel, unless the Maritime Administrator shall agree to a different complement."], ["46:46:8.0.1.12.45.0.18.6", 46, "Shipping", "II", "K", "390", "PART 390\u2014CAPITAL CONSTRUCTION FUND", "", "", "", "\u00a7 390.6 Administration of the agreement.", "FMC", "", "", "[41 FR 4265, Jan. 29, 1976, as amended at 41 FR 39751, Sept. 16, 1976; 55 FR 34928, Aug. 27, 1990]", "(a)  In general.  The Maritime Administrator will administer and enforce the agreement in a manner which will insure that the fund is properly established, that the assets in the fund are used to accomplish the program and that the party fully complies with all obligations and responsibilities. This section specifies the reports which must be submitted to the Maritime Administrator and sets forth the procedures for administering the agreement.\n\n(b)  Reporting requirements \u2014(1)  In general.  This paragraph describes the reports required to be submitted to the Maritime Administrator by the party.\n\n(2)  Submission dates.  Reports must be submitted annually, in triplicate, for the party's taxable year not later than 90 days after the close of each reporting period. An affidavit regarding the operation of qualified agreement vessels as required by paragraph (b)(7) of this section shall be submitted concurrently with each annual report.\n\n(3)  Cumulation.  The annual report submitted following the close of the party's taxable year shall be cumulative for the party's entire taxable year.\n\n(4)  Certification.  The annual report shall be accompanied by an opinion of an independent certified public accountant to the effect that exhibits (see paragraph (b)(5) of this section) composing the accounting have been prepared in accordance with all published orders, rules, regulations and instructions issued or adopted by the Maritime Administrator.\n\n(5)  Format.  The reports shall consist of the following exhibits:\n\n(i) \u201cExhibit A\u201d\u2014a summary of cash, securities and stock on deposit (showing the adjusted basis for securities and stock), including a subtotal of cash, securities and stock on deposit, net amount of accrued deposits to and accrued withdrawals from the fund and the fund total at the end of the period, and if applicable, a summary of the portion of the fund which represents a \u201cCCF: Security Amount\u201d pursuant to an Agreement Covering the Dual Use of a Capital Construction Fund;\n\n(ii) \u201cExhibit A-1\u201d\u2014a summary of balances in all cash accounts within the fund at the end of the period;\n\n(iii) \u201cExhibit A-2\u201d\u2014a summary of the securities and stock within the fund at the end of the period (showing both the adjusted basis and fair market value of each item);\n\n(iv) \u201cExhibit A-3\u201d\u2014a summary of the accrued deposits to and accrued withdrawals from the fund at the end of the period;\n\n(v) \u201cExhibit B\u201d\u2014a transcript of transactions occurring within the fund during the period by date;\n\n(vi) \u201cExhibit C\u201d\u2014a summary showing the opening balance, additions thereto due to deposits to the fund, subtractions therefrom due to withdrawals from the fund, and the closing balance for the period for each of the three separate accounts: ordinary income account, capital gains account and capital account; and\n\n(vii) \u201cExhibit D\u201d\u2014a summary, by vessel, of the qualified withdrawals made from the fund during the period.\n\n(6)  Sample report.  A sample report is contained in appendix III of this part.\n\n(7)  Affidavit.  An official of the party who is knowledgeable about the operation of the party's qualified agreement vessels shall submit an affidavit for each taxable year indicating that the party's qualified agreement vessels operated only in qualified trades during such taxable year, or if any such vessel operated in a trade other than a qualified trade, the details of such operation. See \u00a7 390.5(c) of this part for a description of what constitutes a qualified trade. A sample affidavit is contained in appendix V of this part.\n\n(8)  Failure to submit reports.  The failure by a party to make the timely submission of any report or affidavit required by this section shall constitute a material breach of the agreement unless the Maritime Administrator shall determine that such failure was excusable. See \u00a7 390.13 (relating to the failure to fulfill a substantial obligation under the agreement).\n\n(c)  Review in the event of changed circumstances.  Each agreement provides that the party shall promptly inform the Maritime Administrator of any change in circumstances which affects its agreement. Such changes may be mere form, such as a change of the party's name, or substantive such as the sale of an eligible agreement vessel. The Maritime Administrator may require a full review of the agreement if in his opinion the changed circumstances materially affect the agreement.\n\n(d)  Modification of agreement \u2014(1)  In general.  The agreement is subject to modification and amendment by mutual consent. However, except in special circumstances, the Maritime Administrator will not consent to modification or amendment of the standard part of the agreement unless such modification or amendment is of uniform application to similarly situated parties. The Maritime Administrator will normally agree to modification or amendment of the schedules subject to the restriction in paragraph (d)(2) of this section.\n\n(2)  Limitations on modification of schedules.  The Maritime Administrator will not agree to modification or amendment of the schedules (as described in \u00a7 390.4) when, in his opinion, such modification or amendment delays imposition of Federal Income Tax in a manner not contemplated or authorized by the Act, or if the proposed modification or amendment would not be in consonance with the policies of the Act, these rules and regulations or the joint regulations.\n\n(e)  Fund adjustment upon modification.  Upon application by a party for modification or amendment of the agreement, the Maritime Administrator will determine whether the requested modification or amendment would result in an amount held in the fund in excess of an amount determined to be necessary or appropriate to carry out the program. If such an excess is created in the fund by such modification or amendment, the Maritime Administrator will require a nonqualified withdrawal (as defined in \u00a7 390.10) of such excess as a condition to the modification or amendment."], ["46:46:8.0.1.12.45.0.18.7", 46, "Shipping", "II", "K", "390", "PART 390\u2014CAPITAL CONSTRUCTION FUND", "", "", "", "\u00a7 390.7 Deposits into the fund.", "FMC", "", "", "[41 FR 4265, Jan. 29, 1976, as amended at 73 FR 56740, Sept. 30, 2008]", "(a)  In general \u2014(1)  Source of deposits.  46 U.S.C. 53505 provides ceilings within which fund deposits may be made. This section provides rules for the qualification of depositories, timing of deposits, the type of property which may be deposited and the level of deposits.\n\n(2)  Tax aspects of deposits.  For the Federal Income Tax aspects of deposits into a fund, see 46 U.S.C. 53507 and \u00a7 3.3 of the joint regulations (\u00a7 391.3 of this chapter).\n\n(b)  Depositories \u2014(1)  In general.  46 U.S.C. 53506 provides that amounts in a fund must be kept in the depository or depositories specified in the agreement and be subject to such trustee or other fiduciary requirements as the Maritime Administrator may specify.\n\n(2)  Qualifications.  The Maritime Administrator has established general qualifications for depositories for all maritime programs authorized under the Act, including the capital construction fund program. The general qualifications are published in part 351 of this title.\n\n(3)  Fiduciary requirements.  Except in unusual circumstances, the Maritime Administrator will not impose special trustee or other fiduciary requirements upon depositories of a fund. For rules relating to a fund held in trust for investment purposes, see paragraph (h) of this section.\n\n(4)  Type and name of accounts.  Unless otherwise specified in the agreement, the party may select the type or types of accounts in which assets of the fund may be deposited. For example, the party may select a savings account for cash and a trust account for intangible property which is held in the fund. Each account shall be in the name of the party and identified as a capital construction fund account.\n\n(5)  Compensating balances.  The obligation of the assets in the fund as a compensating balance shall constitute a material breach of the agreement.\n\n(c)  Timing of deposits \u2014(1)  In general.  46 U.S.C. 53507(b) provides that deposits shall not be taxable only when they are made in accordance with the agreement and not later than the time provided in the joint regulations.\n\n(2)  Deposits prior to the time provided in joint regulations.  The party may make deposits for any taxable year prior to the time provided in joint regulations in accordance with the following rules:\n\n(i) Amounts representing taxable income attributable to the operation of agreement vessels for a taxable year may be deposited at any time during such taxable year, and thereafter within the time provided for in the joint regulations, based upon the party's estimated Federal taxable income for such vessels for the entire taxable year;\n\n(ii) Amounts representing net proceeds from the sale or other disposition (including mortgaging) with respect to agreement vessels may be deposited when accrued and thereafter within the time provided for in the joint regulations;\n\n(iii) Amounts representing receipts from the investment or reinvestment of amounts held in a fund may be deposited when accrued and thereafter within the time provided for in the joint regulations; and\n\n(iv) Amounts representing depreciation with respect to agreement vessels for a taxable year may be deposited at any time during such taxable year, and thereafter within the time provided for in the joint regulations.\n\n(3)  Deposits required prior to the time provided in joint regulations.  The Maritime Administrator may require that deposits be made earlier than the latest time provided for in the joint regulations. Generally, the Maritime Administrator will require early deposits only when necessary for the party to meet its agreed upon obligations.\n\n(d)  Types of property which may be deposited into a fund \u2014(1)  Form of deposits.  Deposits may be made into a fund only in the form of money or intangible property of the type in which assets of the fund may be invested pursuant to 46 U.S.C. 53506, the Agreement, and these regulations, other than the securities or common and preferred stock of the party or a company related to the party within the meaning of paragraph (d)(2) of this section, except that in the case of deposits representing net proceeds from the sale or other disposition of any agreement vessel to other than a purchaser or transferee related to the party (within the meaning of paragraph (d)(2) of this section) or deposits representing receipts from the investment or reinvestment of amounts held in a fund, any intangible property received may be deposited.\n\n(2)  Related purchaser.  For purposes of this paragraph a purchaser or transferee is a related person to the party if\u2014\n\n(i) The relationship between purchaser or transferee and the party would result in disallowance of losses under section 267 or 707 of the Code, or\n\n(ii) The purchaser or transferee and the party are members of the same controlled group of corporations (as defined in section 1563(a) of the Code, except that \u201cmore than 50 percent\u201d shall be substituted for \u201cat least 80 percent\u201d each place it appears therein).\n\n(e)  Level of deposits \u2014(1)  In general.  46 U.S.C. 53504 states that the agreement must provide for the deposit in the fund of amounts agreed upon but only to the extent necessary or appropriate to provide for qualified withdrawals to accomplish the program set forth in the agreement.\n\n(2)  Maximum level of deposits.  The party shall not be permitted to deposit more than is necessary to complete its program. See \u00a7 390.4 (relating to description of the agreement).\n\n(3)  Minimum level of deposits.  Each agreement shall contain an agreed upon minimum deposit schedule applicable to each three-year period under the agreement. The minimum deposit shall be calculated taking into consideration the scheduling of the anticipated qualified withdrawals. The purpose of the minimum deposit is to insure that the party has made a sufficient commitment to accomplish its program. See \u00a7 390.13 (relating to failure to fulfill a substantial obligation under the agreement).\n\n(4)  Determination of minimum deposits.  The minimum deposit shall be set by the Maritime Administrator. In determining the minimum deposit, the Maritime Administrator shall give consideration to the anticipated ceilings, financial history, current conditions and future business expectations of the party.\n\n(5)  Waiver of minimum deposit.  The Maritime Administrator shall waive a failure to meet the minimum deposit schedule when the party has deposited all allowable taxable income as specified in Article 5(c) of this agreement attributable to the operation of agreement vessels, net proceeds from all sales or other dispositions of agreement vessels, all receipts from the investment or reinvestment of amounts held in the fund and all earned depreciation on agreement vessels. The Maritime Administrator may also waive the minimum deposit schedule in any case where the party can demonstrate that such deposits will adversely affect its ability to operate its agreement vessels. In the event of a waiver, the Maritime Administrator may require modification of the schedules. See \u00a7 390.6 (relating to administration of the agreement).\n\n(6)  Selection of ceiling.  Except as may be otherwise provided in the agreement or these rules and regulations, the party may choose the ceilings with respect to which deposits are made.\n\n(f)  Allocation of depreciation deposits \u2014(1)  In general.  46 U.S.C. 53505(b) provides that in the case of a lessee of an eligible agreement vessel the maximum amount which may be deposited with respect to such vessel, under the depreciation ceiling, shall be reduced by any amount which the owner is required or permitted to deposit with respect to such vessel under its depreciation ceiling.\n\n(2)  Method of allocation.  When an agreement vessel is leased, the party's agreement shall fix a percentage of the annual depreciation which the party may deposit. The percentage shall be that agreed upon between the lessors and the lessees unless the Maritime Administrator determines that the agreed upon percentage will result in an accumulation of assets in the fund or funds which is greater than or less than an amount necessary or appropriate to carry out the party's program. See paragraph (e) of this section (relating to level of deposits).\n\n(g) [Reserved]\n\n(h)  Funds held in trust for investment purposes.  A fund may be transferred in whole or in part to the control of an unrelated trustee for investment purposes with the prior written permission of the Maritime Administrator. The Maritime Administrator shall approve such a transfer when:\n\n(1) The trustee meets the requirements for a depository under paragraph (b) of this section;\n\n(2) The trust instrument provides that all investment restrictions stated in 46 U.S.C. 53506 and \u00a7 390.8 of these regulations will be observed;\n\n(3) The trust instrument provides that the trustee will give consideration to the party's withdrawal requirements under the agreement when investing the fund;\n\n(4) The trustee agrees to be bound by all rules and regulations which have been or will be promulgated governing the investment or management of the fund.\n\n(i)  Federal ship mortgage guarantee or insurance.  A fund may serve in lieu of a Restricted Fund required in connection with Federal Ship Mortgage Guarantee or Insurance under 46 U.S.C. Chapter 537 and the regulations thereunder upon approval by the Maritime Administrator. Approval by the Maritime Administrator shall be conditioned upon the execution by the party of an agreement, satisfactory in form and substance to the Maritime Administrator, governing the dual use of the fund. Applications for permission to use the fund in this dual capacity should be made in writing to the Secretary, Maritime Administration."], ["46:46:8.0.1.12.45.0.18.8", 46, "Shipping", "II", "K", "390", "PART 390\u2014CAPITAL CONSTRUCTION FUND", "", "", "", "\u00a7 390.8 Investment of the fund.", "FMC", "", "", "[41 FR 4265, Jan. 29, 1976, as amended at 42 FR 34882, July 7, 1977; 43 FR 51636, Nov. 6, 1978; 55 FR 34928, Aug. 27, 1990; 73 FR 56740, Sept. 30, 2008]", "(a)  In general.  46 U.S.C. 53506 provides that assets in the fund must be invested in accordance with certain restrictions. The rules in this section provide for the quality of securities, restrictions on the type of stock in which a fund may invest, related company investments and miscellaneous prohibited activities.\n\n(b)  Permissible investments \u2014(1)  In general.  The party, at its discretion, or the party's trustee, if established pursuant to paragraph (h) of \u00a7 390.7, may invest in the types of securities specified in this paragraph.\n\n(2)  Interest bearing securities.  The party or the party's trustee may invest in any obligation of the United States Government, including any agency or instrumentality thereof, and in the interest bearing securities listed below:\n\n(i) Any obligation of a state or local government, including any agency or instrumentality thereof, or any domestic obligation, which is rated by Moody's Investors Service, Inc., as \u201cBaa\u201d or better or by Standard and Poor's Corporations as \u201cBBB\u201d or better;\n\n(ii) Bankers' acceptances, certificates of deposit, repurchase agreements, and short-term commercial obligations, provided that the latter must be readily marketable and rated not lower than \u201cPrime\u201d by Moody's Investors Services, Inc. or \u201cB\u201d by Standard & Poor's Corp.; and\n\n(iii) Any unsubordinated obligation of an issuer that has any unsecured securities with a credit rating of \u201cBaa\u201d or better if rated by Moddy's Investors Services, Inc., or \u201cBBB\u201d or better if rated by Standard and Poor's Corporation, or by an issuer that has a commercial paper rating not lower than \u201cPrime\u201d by Moody's Investors Service, Inc. or \u201cB\u201d by Standard and Poor's Corporation.\n\n(3)  Guaranteed interest bearing securities.  The party or the party's trustee may invest in interest bearing securities which do not meet the investment criteria set forth in this paragraph (b)  Provided,  That:\n\n(i) The types of interest bearing securities and their terms and conditions are acceptable to the Maritime Administration;\n\n(ii) All principal and interest of the interest bearing securities are unconditionally guaranteed in a form satisfactory to the Maritime Administration and neither the securities nor the obligation to pay interest on the securities is that of a party or a company related to the party within the meaning of section 482 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder; and\n\n(iii) The guarantor, which may be an affiliate of the party, must be either a person that has any unsecured securities with a credit rating of \u201cBaa\u201d or better if rated by Moody's Investors Services, Inc., or \u201cBBB\u201d or better if rated by Standard & Poor's Corporations, or a person whose commercial paper rated not lower than \u201cPrime\u201d by Moody's Investors Services, Inc. or \u201cB\u201d junior securities are rated in the highest grade by Moody's Commercial Paper Service or in one of the two highest grades by Standard & Poor's Corporations, and is otherwise acceptable to the Maritime Administration.\n\n(4)  Common and preferred stocks.  The party or the party's trustee may invest in the following common and preferred stocks:\n\n(i) Stock of domestic corporations which is fully listed and registered at the time of purchase on an exchange registered with the Securities and Exchange Commission as a national securities exchange and which would be acquired by prudent men of discretion and intelligence in such matters who are seeking a reasonable income and the preservation of their capital; and\n\n(ii) Preferred stock of a corporation if the common stock of that corporation meets the requirements of this paragraph and if the preferred stock of such corporation would meet such requirements but for the fact that such preferred stock cannot be listed and registered as required because it is nonvoting stock.\n\n(c)  Limitations on investments \u2014(1)  Interest bearing securities.  The value of securities of any one issuer held in the Fund compared to the value of the total assets of the fund shall not exceed 10 percent in the case of nongovernmental securities referred to in paragraph (b)(2)(i) of this section.\n\n(2)  Common and preferred stock.  The value of common and preferred stock of any one issuer held in the fund shall not exceed 25 percent of the value of the total assets of the fund. In no case may more than 60 percent of the value of the total assets of the fund be invested in common or preferred stock.\n\n(3)  Margin or short sale.  No interest bearing securities or common and preferred stock shall be purchased on margin or be sold short for the account of a fund.\n\n(4)  Related company investments.  Funds shall not be invested in the interest bearing securities or common and preferred stock of the party or of a company related to the party within the meaning of section 482 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder.\n\n(5)  Subsequent investments.  If at any time the fair market value of the interest bearing securities or common and preferred stock in the fund is more than the limitations stated in this paragraph (c), any subsequent deposit to or withdrawal from the fund or investment made within the fund shall be made in such a way as tends to restore the fund to a posture in which the fair market values of such securities or stock do not exceed such limitations. Values of such securities and stocks shall be the fair market values as determined by the party on the last day of each semi-annual and annual reporting period."], ["46:46:8.0.1.12.45.0.18.9", 46, "Shipping", "II", "K", "390", "PART 390\u2014CAPITAL CONSTRUCTION FUND", "", "", "", "\u00a7 390.9 Qualified withdrawals.", "FMC", "", "", "[41 FR 4265, Jan. 29, 1976, as amended at 55 FR 34929, Aug. 27, 1990; 73 FR 56740, Sept. 30, 2008]", "(a)  In general \u2014(1)  Defined.  In accordance with 46 U.S.C. 53509, qualified withdrawals are those made from a fund in accordance with the agreement, but only if they are for:\n\n(i) The acquisition, construction or reconstruction of a qualified agreement vessel;\n\n(ii) The acquisition, construction or reconstruction of barges or containers which are part of the complement of a qualified agreement vessel; or\n\n(iii) The payment of the principal on indebtedness incurred in connection with the acquisition, construction or reconstruction of a qualified agreement vessel or a barge or container which is part of the complement of a qualified agreement vessel.\n\n(2)  Tax aspects of a qualified withdrawal.  For the tax aspects of a qualified withdrawal, see 46 U.S.C. 50510 and \u00a7 3.6 of the joint regulations (\u00a7 391.6 of this chapter).\n\n(b)  Purpose of qualified withdrawals \u2014(1)  Acquisition of qualified agreement vessels.  (i) The term  acquisition of a qualified agreement vessel  shall mean any transaction, including a corporate merger, where the party obtains a proprietary interest in an existing vessel and such a proprietary interest will, in the opinion of the Maritime Administrator, further the purposes and policies of the Act. See \u00a7 390.3 (relating to policy considerations).\n\n(ii) Qualified withdrawals for the acquisition of a qualified agreement vessel shall only be allowed for amounts determined by independent appraisal to be the fair market value of the vessel, at the time of the acquisition, or the actual cost directly allocable to acquiring only the vessel, whichever is less.\n\n(2)  Construction of qualified agreement vessels.  The term  construction of a qualified agreement vessel  shall mean the construction of a vessel with the aid of qualified withdrawals.\n\n(3)  Reconstruction of qualified agreement vessels.  Once an agreement has been entered into, the term  reconstruction of a qualified agreement vessel  shall mean any improvement to an existing vessel which increases the vessel's competitiveness and involves an aggregate sum in excess of $100,000. The Maritime Administrator may waive the monetary limit in this subparagraph in the case of small vessels.\n\n(4)  Payment of principal on indebtedness.  46 U.S.C. 53509(a)(2) provides that any indebtedness which the party proposes to pay through qualified withdrawals must be shown to the satisfaction of the Maritime Administrator to have been incurred in direct connection with the acquisition, construction or reconstruction of a qualified agreement vessel. The fact that indebtedness is secured by an interest in a qualified agreement vessel is insufficient by itself to demonstrate the direct connection. It is not necessary that the lien or mortgage securing the indebtedness be on the vessel. For example, if the party mortgages an office building in order to finance the construction of a vessel, payments of principal on the mortgage may be made with qualified withdrawals.\n\n(c)  Limitations on qualified withdrawals \u2014(1)  Capitalized costs requirement.  All qualified withdrawals must be for costs which are capitalized under the Internal Revenue Code of 1986, as amended, and the regulations thereunder and so reported on the party's Federal Income Tax return.\n\n(2)  Executed contract requirement and reimbursement of general funds.  Qualified withdrawals may be made for the purpose of reimbursing general funds subject to the following limitations:\n\n(i) Qualified withdrawals may not be made until a construction, reconstruction or acquisition contract is executed. However, the party may reimburse its general funds for expenditures applicable to the construction, reconstruction or acquisition contract which occurred prior to the date of contracting if such reimbursements are made within 120 days from the date of such contracting.\n\n(ii) The party may also reimburse its general funds for expenditures which could have been paid initially by a qualified withdrawal, if such reimbursements are made within 120 days of such expenditure.\n\n(iii) The party may reimburse its general funds for expenditures made prior to the time an agreement or amendment is entered into, but after the party has made application therefor, if such expenditures would otherwise qualify for reimbursement pursuant to paragraphs (c)(3) (i) and (ii) of this section but for the fact that an agreement or amendment has not been executed, and if such reimbursement is effected within 120 days of the execution of an agreement or amendment.\n\n(3)  Prepayment of indebtedness.  The party shall not prepay principal on indebtedness with qualified withdrawals without the prior written consent of the Maritime Administrator.\n\n(4)  Qualified withdrawals paid to related persons.  A withdrawal, including payments for indebtedness, paid to a related person, within the meaning of section 482 of the Internal Revenue Code of 1986, as amended, and the regulations thereunder, shall not constitute a qualified withdrawal unless the Maritime Administrator determines that no portion of such payment constitutes a dividend, a return of capital or a contribution of capital under the Internal Revenue Code. Transactions which include payments to a related person, will be approved if the cost of the item to be acquired, constructed or reconstructed through qualified withdrawals is or was at the time of the acquisition, construction or reconstruction its fair market value. The party must obtain the prior written permission of the Maritime Administrator before any qualified withdrawals may be paid to a related person. Any such withdrawal prior to approval shall be a nonqualified withdrawal.\n\n(d)  Permission to make qualified withdrawals.  Once a program has been approved, prior approval of the Maritime Administrator is not required for specific qualified withdrawals except as provided in paragraphs (c)(4) and (c)(5) of this section. However, the Maritime Administrator will give prior approval to qualified withdrawals upon written request."], ["49:49:5.1.1.2.32.1.13.1", 49, "Transportation", "III", "B", "390", "", "A", "Subpart A\u2014General Applicability and Definitions", "", "\u00a7 390.1 Purpose.", "FHWA", "", "", "", "This part establishes general applicability, definitions, general requirements and information as they pertain to persons subject to this chapter."], ["49:49:5.1.1.2.32.1.13.2", 49, "Transportation", "III", "B", "390", "", "A", "Subpart A\u2014General Applicability and Definitions", "", "\u00a7 390.3 General applicability.", "FHWA", "", "", "[80 FR 63710, Oct. 21, 2015, as amended at 83 FR 22877, May 17, 2018; 86 FR 55743, Oct. 7, 2021]", "(a) The rules in subchapter B of this chapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce.\n\n(b) The rules in part 383 of this chapter, Commercial Driver's License Standards; Requirements and Penalties, are applicable to every person who operates a commercial motor vehicle, as defined in \u00a7 383.5 of this subchapter, in interstate or intrastate commerce and to all employers of such persons.\n\n(c) The rules in part 387 of this chapter, Minimum Levels of Financial Responsibility for Motor Carriers, are applicable to motor carriers as provided in \u00a7\u00a7 387.3 or 387.27 of this chapter.\n\n(d)  Additional requirements.  Nothing in subchapter B of this chapter shall be construed to prohibit an employer from requiring and enforcing more stringent requirements relating to safety of operation and employee safety and health.\n\n(e)  Knowledge of and compliance with the regulations.  (1) Every employer shall be knowledgeable of and comply with all regulations contained in this subchapter that are applicable to that motor carrier's operations.\n\n(2) Every driver and employee involved in motor carrier operations shall be instructed regarding, and shall comply with, all applicable regulations contained in this subchapter.\n\n(3) All motor vehicle equipment and accessories required by this chapter shall be maintained in compliance with all applicable performance and design criteria set forth in this subchapter.\n\n(f)  Exceptions.  Unless otherwise specifically provided, the rules in this subchapter do not apply to\u2014\n\n(1) All school bus operations as defined in \u00a7 390.5, except for \u00a7\u00a7 391.15(e) and (f), 392.15, 392.80, and 392.82 of this chapter;\n\n(2) Transportation performed by the Federal government, a State, or any political subdivision of a State, or an agency established under a compact between States that has been approved by the Congress of the United States;\n\n(3) The occasional transportation of personal property by individuals not for compensation and not in the furtherance of a commercial enterprise;\n\n(4) The transportation of human corpses or sick and injured persons;\n\n(5) The operation of fire trucks and rescue vehicles while involved in emergency and related operations;\n\n(6) The operation of commercial motor vehicles designed or used to transport between 9 and 15 passengers (including the driver), not for direct compensation, provided the vehicle does not otherwise meet the definition of a commercial motor vehicle, except for the provisions of \u00a7\u00a7 391.15(e) and (f), 392.80, and 392.82, and except that motor carriers operating such vehicles are required to comply with \u00a7\u00a7 390.15, 390.21(a) and (b)(2), 390.201 and 390.205.\n\n(7) Either a driver of a commercial motor vehicle used primarily in the transportation of propane winter heating fuel or a driver of a motor vehicle used to respond to a pipeline emergency, if such regulations would prevent the driver from responding to an emergency condition requiring immediate response as defined in \u00a7 390.5.\n\n(g)  Motor carriers that transport hazardous materials in intrastate commerce.  The rules in the following provisions of this subchapter apply to motor carriers that transport hazardous materials in intrastate commerce and to the motor vehicles that transport hazardous materials in intrastate commerce:\n\n(1) Part 385, subparts A and E, for carriers subject to the requirements of \u00a7 385.403 of this subchapter.\n\n(2) Part 386, Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings, of this subchapter.\n\n(3) Part 387, Minimum Levels of Financial Responsibility for Motor Carriers, to the extent provided in \u00a7 387.3 of this subchapter.\n\n(4) Subpart E of this part, Unified Registration System, and \u00a7 390.21, Marking of CMVs, for carriers subject to the requirements of \u00a7 385.403 of this subchapter. Intrastate motor carriers operating prior to January 1, 2005, are excepted from \u00a7 390.201.\n\n(h)  Intermodal equipment providers.  The rules in the following provisions of this subchapter apply to intermodal equipment providers:\n\n(1) Subpart F, Intermodal Equipment Providers, of Part 385, Safety Fitness Procedures.\n\n(2) Part 386, Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings.\n\n(3) Part 390, Federal Motor Carrier Safety Regulations; General, except \u00a7 390.15(b) concerning accident registers.\n\n(4) Part 393, Parts and Accessories Necessary for Safe Operation.\n\n(5) Part 396, Inspection, Repair, and Maintenance.\n\n(i)  Brokers.  The rules in the following provisions of this subchapter apply to brokers that are required to register with the Agency pursuant to 49 U.S.C. chapter 139.\n\n(1) Part 371, Brokers of Property.\n\n(2) Part 386, Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings.\n\n(3) Part 387, Minimum Levels of Financial Responsibility for Motor Carriers, to the extent provided in subpart C of that part.\n\n(4) Section 390.6, prohibiting the coercion of drivers of commercial motor vehicles operating in interstate commerce to violate certain safety regulations, and subpart E of this part, Unified Registration System.\n\n(j)  Freight forwarders.  The rules in the following provisions of this subchapter apply to freight forwarders that are required to register with the Agency pursuant to 49 U.S.C. chapter 139.\n\n(1) Part 386, Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings.\n\n(2) Part 387, Minimum Levels of Financial Responsibility for Motor Carriers, to the extent provided in subpart D of that part.\n\n(3) Section 390.6, prohibiting the coercion of drivers of commercial motor vehicles operating in interstate commerce to violate certain safety regulations, and subpart E of this part, Unified Registration System.\n\n(k)  Cargo tank facilities.  The rules in subpart E of this part, Unified Registration System, apply to each cargo tank and cargo tank motor vehicle manufacturer, assembler, repairer, inspector, tester, and design certifying engineer that is subject to registration requirements under 49 CFR 107.502 and 49 U.S.C. 5108.\n\n(l)  Shippers, receivers, consignees, and transportation intermediaries.  The rules in 49 CFR 386.12(c) and 390.6 prohibiting the coercion of drivers of commercial motor vehicles operating in interstate commerce to violate certain safety regulations are applicable to shippers, receivers, and transportation intermediaries."], ["49:49:5.1.1.2.32.1.13.3", 49, "Transportation", "III", "B", "390", "", "A", "Subpart A\u2014General Applicability and Definitions", "", "\u00a7 390.3T General applicability.", "FHWA", "", "", "[82 FR 5310, Jan. 17, 2017, as amended at 83 FR 22877, May 17, 2018; 86 FR 55743, Oct. 7, 2021; 86 FR 57072, Oct. 14, 2021]", "(a)(1) The rules in this subchapter are applicable to all employers, employees, and commercial motor vehicles that transport property or passengers in interstate commerce.\n\n(2) The rules in 49 CFR 386.12(c) and 390.6 prohibiting the coercion of drivers of commercial motor vehicles operating in interstate commerce:\n\n(i) To violate certain safety regulations are applicable to all motor carriers, shippers, receivers, and transportation intermediaries; and\n\n(ii) To violate certain commercial regulations are applicable to all operators of commercial motor vehicles.\n\n(b) The rules in part 383 of this chapter, Commercial Driver's License Standards; Requirements and Penalties, are applicable to every person who operates a commercial motor vehicle, as defined in \u00a7 383.5 of this subchapter, in interstate or intrastate commerce and to all employers of such persons.\n\n(c) The rules in part 387 of this chapter, Minimum Levels of Financial Responsibility for Motor Carriers, are applicable to motor carriers as provided in \u00a7 387.3 or \u00a7 387.27 of this subchapter.\n\n(d)  Additional requirements.  Nothing in this subchapter shall be construed to prohibit an employer from requiring and enforcing more stringent requirements relating to safety of operation and employee safety and health.\n\n(e)  Knowledge of and compliance with the regulations.  (1) Every employer shall be knowledgeable of and comply with all regulations contained in this subchapter which are applicable to that motor carrier's operations.\n\n(2) Every driver and employee shall be instructed regarding, and shall comply with, all applicable regulations contained in this subchapter.\n\n(3) All motor vehicle equipment and accessories required by this subchapter shall be maintained in compliance with all applicable performance and design criteria set forth in this subchapter.\n\n(f)  Exceptions.  Unless otherwise specifically provided, the rules in this subchapter do not apply to\u2014\n\n(1) All school bus operations as defined in \u00a7 390.5T, except for \u00a7\u00a7 391.15(e) and (f), 392.15, 392.80, and 392.82 of this chapter;\n\n(2) Transportation performed by the Federal government, a State, or any political subdivision of a State, or an agency established under a compact between States that has been approved by the Congress of the United States;\n\n(3) The occasional transportation of personal property by individuals not for compensation nor in the furtherance of a commercial enterprise;\n\n(4) The transportation of human corpses or sick and injured persons;\n\n(5) The operation of fire trucks and rescue vehicles while involved in emergency and related operations;\n\n(6) The operation of commercial motor vehicles designed or used to transport between 9 and 15 passengers (including the driver), not for direct compensation, provided the vehicle does not otherwise meet the definition of a commercial motor vehicle, except that motor carriers and drivers operating such vehicles are required to comply with \u00a7\u00a7 390.15, 390.19T, 390.21T(a) and (b)(2), 391.15(e) and (f), 392.80 and 392.82 of this chapter.\n\n(7) Either a driver of a commercial motor vehicle used primarily in the transportation of propane winter heating fuel or a driver of a motor vehicle used to respond to a pipeline emergency, if such regulations would prevent the driver from responding to an emergency condition requiring immediate response as defined in \u00a7 390.5T.\n\n(g)  Motor carriers that transport hazardous materials in intrastate commerce.  The rules in the following provisions of this subchapter apply to motor carriers that transport hazardous materials in intrastate commerce and to the motor vehicles that transport hazardous materials in intrastate commerce:\n\n(1) Part 385, subparts A and E, of this chapter for carriers subject to the requirements of \u00a7 385.403 of this chapter.\n\n(2) Part 386 of this chapter, Rules of practice for motor carrier, broker, freight forwarder, and hazardous materials proceedings.\n\n(3) Part 387 of this chapter, Minimum Levels of Financial Responsibility for Motor Carriers, to the extent provided in \u00a7 387.3 of this chapter.\n\n(4) Section 390.19T, Motor carrier identification report, and \u00a7 390.21T, Marking of CMVs, for carriers subject to the requirements of \u00a7 385.403 of this chapter. Intrastate motor carriers operating prior to January 1, 2005, are excepted from \u00a7 390.19T(a)(1).\n\n(h)  Intermodal equipment providers.  The rules in the following provisions of this subchapter apply to intermodal equipment providers:\n\n(1) Subpart F, Intermodal Equipment Providers, of part 385 of this chapter, Safety Fitness Procedures.\n\n(2) Part 386 of this chapter, Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials Proceedings.\n\n(3) This part, Federal Motor Carrier Safety Regulations; General, except \u00a7 390.15(b) concerning accident registers.\n\n(4) Part 393 of this chapter, Parts and Accessories Necessary for Safe Operation.\n\n(5) Part 396 of this chapter, Inspection, Repair, and Maintenance."], ["49:49:5.1.1.2.32.1.13.4", 49, "Transportation", "III", "B", "390", "", "A", "Subpart A\u2014General Applicability and Definitions", "", "\u00a7 390.4 Delegations and redelegations of authority of FMCSA employees to perform assigned actions or duties.", "FHWA", "", "", "[86 FR 57072, Oct. 14, 2021]", "(a)  General.  FMCSA may apply the guidelines and procedures of this section to delegate or redelegate the authority of FMCSA employees to perform assigned actions or duties under this chapter.\n\n(b)  FMCSA Administrator authority to delegate and redelegate.  (1) The FMCSA Administrator is authorized to delegate and redelegate authority and authorize successive redelegations.\n\n(2) The FMCSA Administrator retains concurrent authority to exercise or redelegate any authority that he or she has delegated to an employee in regulation, directive, or memorandum.\n\n(c)  Redelegations by FMCSA employees.  Unless specifically prohibited by law, and in consultation with the FMCSA Office of the Chief Counsel, an FMCSA employee with delegated authority is authorized to\u2014\n\n(1) Redelegate that authority to another FMCSA employee, as appropriate; and\n\n(2) Maintain concurrent authority to exercise or redelegate the authority he or she has delegated to another FMCSA employee.\n\n(d)  Exercise of delegated authority in special circumstances.  In consultation with the FMCSA Office of the Chief Counsel, if the FMCSA employee to whom a regulation assigns the authority to perform an action or a duty is unavailable or otherwise unable to perform such action or duty ( e.g.,  due to a conflict of interest or a vacancy in the position), a supervisor of the FMCSA employee may exercise that authority or redelegate such authority to another FMCSA employee, as appropriate.\n\n(e)  Format of delegations and redelegations.  Delegations and redelegations authorized under this section must be in writing and may be made by regulation, directive, or memorandum.\n\n(f)  Actions or duties performed under delegated or redelegated authority.  Each action or duty performed by any FMCSA employee pursuant to authority delegated or redelegated to him or her in accordance with this section, whether directly or by redelegation, shall be a valid exercise of that authority, notwithstanding any regulation that provides that such action or duty shall be performed by another FMCSA employee."], ["49:49:5.1.1.2.32.1.13.5", 49, "Transportation", "III", "B", "390", "", "A", "Subpart A\u2014General Applicability and Definitions", "", "\u00a7 390.5 Definitions.", "FHWA", "", "", "[53 FR 18052, May 19, 1988]", "Unless specifically defined elsewhere, in this subchapter:\n\nAccident  means\u2014\n\n(1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in:\n\n(i) A fatality;\n\n(ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or\n\n(iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle.\n\n(2) The term accident does not include:\n\n(i) An occurrence involving only boarding and alighting from a stationary motor vehicle; or\n\n(ii) An occurrence involving only the loading or unloading of cargo.\n\nAlcohol concentration  (AC) means the concentration of alcohol in a person's blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.\n\nAssistant Administrator  means the Assistant Administrator of the Federal Motor Carrier Safety Administration or an authorized delegee.\n\nBus  means any motor vehicle designed, constructed, and/or used for the transportation of passengers, including taxicabs.\n\nBusiness district  means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.\n\nCertified VA medical examiner  means a qualified VA examiner who has fulfilled the requirements for and is listed on the National Registry of Certified Medical Examiners.\n\nCharter transportation of passengers  means transportation, using a bus, of a group of persons who pursuant to a common purpose, under a single contract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin.\n\nCoerce  or  Coercion  means either\u2014\n\n(1) A threat by a motor carrier, shipper, receiver, or transportation intermediary, or their respective agents, officers or representatives, to withhold business, employment or work opportunities from, or to take or permit any adverse employment action against, a driver in order to induce the driver to operate a commercial motor vehicle under conditions which the driver stated would require him or her to violate one or more of the regulations, which the driver identified at least generally, that are codified at 49 CFR parts 171-173, 177-180, 380-383, or 390-399, or \u00a7\u00a7 385.415 or 385.421, or the actual withholding of business, employment, or work opportunities or the actual taking or permitting of any adverse employment action to punish a driver for having refused to engage in such operation of a commercial motor vehicle; or\n\n(2) A threat by a motor carrier, or its agents, officers or representatives, to withhold business, employment or work opportunities or to take or permit any adverse employment action against a driver in order to induce the driver to operate a commercial motor vehicle under conditions which the driver stated would require a violation of one or more of the regulations, which the driver identified at least generally, that are codified at 49 CFR parts 356, 360, or 365-379, or the actual withholding of business, employment or work opportunities or the actual taking or permitting of any adverse employment action to punish a driver for refusing to engage in such operation of a commercial motor vehicle.\n\nCommercial motor vehicle  means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle\u2014\n\n(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or\n\n(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or\n\n(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or\n\n(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.\n\nConviction  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 probated.\n\nCovered farm vehicle \u2014\n\n(1) Means a straight truck or articulated vehicle\u2014\n\n(i) Registered in a State with a license plate or other designation issued by the State of registration that allows law enforcement officials to identify it as a farm vehicle;\n\n(ii) Operated by the owner or operator of a farm or ranch, or an employee or family member of an owner or operator of a farm or ranch;\n\n(iii) Used to transport agricultural commodities, livestock, machinery or supplies to or from a farm or ranch; and\n\n(iv) Not used in for-hire motor carrier operations; however, for-hire motor carrier operations do not include the operation of a vehicle meeting the requirements of paragraphs (1)(i) through (iii) of this definition by a tenant pursuant to a crop share farm lease agreement to transport the landlord's portion of the crops under that agreement.\n\n(2) Meeting the requirements of paragraphs (1)(i) through (iv) of this definition:\n\n(i) With a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, whichever is greater, of 26,001 pounds or less may utilize the exemptions in \u00a7 390.39 anywhere in the United States; or\n\n(ii) With a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, whichever is greater, of more than 26,001 pounds may utilize the exemptions in \u00a7 390.39 anywhere in the State of registration or across State lines within 150 air miles of the farm or ranch with respect to which the vehicle is being operated.\n\nCrash \u2014See accident.\n\nDirect assistance  means transportation operations in which a motor carrier or driver of a CMV is supplementing State and local efforts and capabilities to save lives or property or to protect public health and safety as a result of an emergency as defined in this section involving transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services ( e.g.,  electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies ( e.g.,  food and fuel). It does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries after the initial threat to life and property has passed.\n\nDirect compensation  means payment made to the motor carrier by the passengers or a person acting on behalf of the passengers for the transportation services provided, and not included in a total package charge or other assessment for highway transportation services.\n\nDisabling damage  means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.\n\n(1)  Inclusions.  Damage to motor vehicles that could have been driven, but would have been further damaged if so driven.\n\n(2)  Exclusions.  (i) Damage which can be remedied temporarily at the scene of the accident without special tools or parts.\n\n(ii) Tire disablement without other damage even if no spare tire is available.\n\n(iii) Headlamp or taillight damage.\n\n(iv) Damage to turn signals, horn, or windshield wipers which makes them inoperative.\n\nDriveaway-towaway operation  means an operation in which an empty or unladen motor vehicle with one or more sets of wheels on the surface of the roadway is being transported:\n\n(1) Between vehicle manufacturer's facilities;\n\n(2) Between a vehicle manufacturer and a dealership or purchaser;\n\n(3) Between a dealership, or other entity selling or leasing the vehicle, and a purchaser or lessee;\n\n(4) To a motor carrier's terminal or repair facility for the repair of disabling damage (as defined in \u00a7 390.5) following a crash; or\n\n(5) To a motor carrier's terminal or repair facility for repairs associated with the failure of a vehicle component or system; or\n\n(6) By means of a saddle-mount or tow-bar.\n\nDriver  means any person who operates any commercial motor vehicle.\n\nDriving a commercial motor vehicle while under the influence of alcohol  means committing any one or more of the following acts in a CMV: Driving a CMV while the person's alcohol concentration is 0.04 or more; driving under the influence of alcohol, as prescribed by State law; or refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of Table 1 to \u00a7 383.51 or \u00a7 392.5(a)(2) of this subchapter.\n\nElectronic device  includes, but is not limited to, a cellular telephone; personal digital assistant; pager; computer; or any other device used to input, write, send, receive, or read text.\n\nElectronic signature  means a method of signing an electronic communication that identifies and authenticates a particular person as the source of the electronic communication and indicates such person's approval of the information contained in the electronic communication, in accordance with the Government Paperwork Elimination Act (Pub. L. 105-277, Title XVII, Secs. 1701-1710, 44 U.S.C. 3504 note, 112 Stat. 2681-749).\n\nEmergency  means any hurricane, tornado, storm ( e.g.,  thunderstorm, snowstorm, ice storm, blizzard, sandstorm, etc.), high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, mud slide, drought, forest fire, explosion, blackout, or other occurrence, natural or man-made, which interrupts the delivery of essential services ( e.g.,  electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies ( e.g.,  food and fuel) or otherwise immediately threatens human life or public welfare, provided such hurricane, tornado, or other event results in a declaration of an emergency by the President of the United States, the Governor of a State, or their authorized representatives having authority to declare emergencies; by FMCSA; or by other Federal, State, or local government officials having authority to declare emergencies; or a request by a police officer for tow trucks to move wrecked or disabled motor vehicles.  Emergency  does not include events arising from economic conditions that are caused by market forces, including shortage of raw materials ( e.g.,  driver shortages, computer chip shortages, other supply chain issues) or labor strikes, unless such event causes an immediate threat to human life and results in a declaration of an emergency by the President of the United States, the Governor of a State, or their authorized representatives having authority to declare emergencies; by FMCSA; or by other Federal, State, or local government officials having authority to declare emergencies.\n\nEmergency condition requiring immediate response  means any condition that, if left unattended, is reasonably likely to result in immediate serious bodily harm, death, or substantial damage to property. In the case of transportation of propane winter heating fuel, such conditions shall include (but are not limited to) the detection of gas odor, the activation of carbon monoxide alarms, the detection of carbon monoxide poisoning, and any real or suspected damage to a propane gas system following a severe storm or flooding. An \u201cemergency condition requiring immediate response\u201d does not include requests to refill empty gas tanks. In the case of a pipeline emergency, such conditions include (but are not limited to) indication of an abnormal pressure event, leak, release or rupture.\n\nEmployee  means any individual, other than an employer, who is employed by an employer and who in the course of his or her employment directly affects commercial motor vehicle safety. Such term includes a driver of a commercial motor vehicle (including an independent contractor while in the course of operating a commercial motor vehicle), a mechanic, and a freight handler. Such term does not include an employee of the United States, any State, any political subdivision of a State, or any agency established under a compact between States and approved by the Congress of the United States who is acting within the course of such employment.\n\nEmployer  means any person engaged in a business affecting interstate commerce who owns or leases a commercial motor vehicle in connection with that business, or assigns employees to operate it, but such term does not include the United States, any State, any political subdivision of a State, or an agency established under a compact between States approved by the Congress of the United States.\n\nExempt intracity zone  means the geographic area of a municipality or the commercial zone of that municipality described in appendix A to part 372 of this chapter. The term \u201cexempt intracity zone\u201d does not include any municipality or commercial zone in the State of Hawaii. For purposes of \u00a7 391.62 of this chapter, a driver may be considered to operate a commercial motor vehicle wholly within an exempt intracity zone notwithstanding any common control, management, or arrangement for a continuous carriage or shipment to or from a point without such zone.\n\nExempt motor carrier  means a person engaged in transportation exempt from economic regulation by the Federal Motor Carrier Safety Administration (FMCSA) under 49 U.S.C. chapter 135 but subject to the safety regulations set forth in this subchapter.\n\nFarm vehicle driver  means a person who drives only a commercial motor vehicle that is\u2014\n\n(1) Controlled and operated by a farmer as a private motor carrier of property;\n\n(2) Being used to transport either\u2014\n\n(i) Agricultural products, or\n\n(ii) Farm machinery, farm supplies, or both, to or from a farm;\n\n(3) Not being used in the operation of a for-hire motor carrier;\n\n(4) Not carrying hazardous materials of a type or quantity that requires the commercial motor vehicle to be placarded in accordance with \u00a7 177.823 of this subtitle; and\n\n(5) Being used within 150 air-miles of the farmer's farm.\n\nFarmer  means any person who operates a farm or is directly involved in the cultivation of land, crops, or livestock which\u2014\n\n(1) Are owned by that person; or\n\n(2) Are under the direct control of that person.\n\nFatality  means any injury which results in the death of a person at the time of the motor vehicle accident or within 30 days of the accident.\n\nFederal Motor Carrier Safety Administrator  means the chief executive of the Federal Motor Carrier Safety Administration, an agency within the Department of Transportation.\n\nField Administrator  means the head of an FMCSA Service Center who has been delegated authority to initiate compliance and enforcement actions on behalf of FMCSA or an authorized delegee.\n\nFor-hire motor carrier  means a person engaged in the transportation of goods or passengers for compensation.\n\nGross combination weight rating (GCWR)  is the greater of:\n\n(1) A value specified by the manufacturer of the power unit, if such value is displayed on the Federal Motor Vehicle Safety Standard (FMVSS) certification label required by the National Highway Traffic Safety Administration, or\n\n(2) The sum of the gross vehicle weight ratings (GVWRs) or the gross vehicle weights (GVWs) of the power unit and the towed unit(s), or any combination thereof, that produces the highest value. Exception: The GCWR of the power unit will not be used to define a commercial motor vehicle when the power unit is not towing another vehicle.\n\nGross vehicle weight rating (GVWR)  means the value specified by the manufacturer as the loaded weight of a single motor vehicle.\n\nHazardous material  means a substance or material which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated.\n\nHazardous substance  means a material, and its mixtures or solutions, that is identified in the appendix to \u00a7 172.101, List of Hazardous Substances and Reportable Quantities, of this title when offered for transportation in one package, or in one transport motor vehicle if not packaged, and when the quantity of the material therein equals or exceeds the reportable quantity (RQ). This definition does not apply to petroleum products that are lubricants or fuels, or to mixtures or solutions of hazardous substances if in a concentration less than that shown in the table in \u00a7 171.8 of this title, based on the reportable quantity (RQ) specified for the materials listed in the appendix to \u00a7 172.101.\n\nHazardous waste  means any material that is subject to the hazardous waste manifest requirements of the EPA specified in 40 CFR part 262 or would be subject to these requirements absent an interim authorization to a State under 40 CFR part 123, subpart F.\n\nHighway  means any road, street, or way, whether on public or private property, open to public travel. \u201cOpen to public travel\u201d means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four-wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration. Toll plazas of public toll roads are not considered restrictive gates.\n\nInterchange  means\u2014\n\n(1) The act of providing intermodal equipment to a motor carrier pursuant to an intermodal equipment interchange agreement for the purpose of transporting the equipment for loading or unloading by any person or repositioning the equipment for the benefit of the equipment provider, but it does not include the leasing of equipment to a motor carrier for primary use in the motor carrier's freight hauling operations; or\n\n(2) The act of providing a passenger-carrying commercial motor vehicle by one motor carrier of passengers to another such carrier, at a point which both carriers are authorized to serve, with which to continue a through movement.\n\n(3) For property-carrying vehicles, see \u00a7 376.2 of this subchapter.\n\nIntermodal equipment  means trailing equipment that is used in the intermodal transportation of containers over public highways in interstate commerce, including trailers and chassis.\n\nIntermodal equipment interchange agreement  means the Uniform Intermodal Interchange and Facilities Access Agreement (UIIFA) or any other written document executed by an intermodal equipment provider or its agent and a motor carrier or its agent, the primary purpose of which is to establish the responsibilities and liabilities of both parties with respect to the interchange of the intermodal equipment.\n\nIntermodal equipment provider  means any person that interchanges intermodal equipment with a motor carrier pursuant to a written interchange agreement or has a contractual responsibility for the maintenance of the intermodal equipment.\n\nInterstate commerce  means trade, traffic, or transportation in the United States\u2014\n\n(1) Between a place in a State and a place outside of such State (including a place outside of the United States);\n\n(2) Between two places in a State through another State or a place outside of the United States; or\n\n(3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.\n\nIntrastate commerce  means any trade, traffic, or transportation in any State which is not described in the term \u201cinterstate commerce.\u201d\n\nLease,  as used in subpart G of this part, means a contract or agreement in which a motor carrier of passengers grants the use of a passenger-carrying commercial motor vehicle to another motor carrier, with or without a driver, for a specified period for the transportation of passengers, whether or not compensation for such use is specified or required, when one or more of the motor carriers of passengers is not authorized to operate in interstate commerce pursuant to 49 U.S.C. 13901-13902. The term  lease  includes an interchange, as defined in this section, or other agreement granting the use of a passenger-carrying commercial motor vehicle for a specified period, with or without a driver, whether or not compensation for such use is specified or required. For a definition of  lease  in the context of property-carrying vehicles, see \u00a7 376.2 of this subchapter.\n\nLessee,  as used in subpart G of this part, means the motor carrier obtaining the use of a passenger-carrying commercial motor vehicle, with or without the driver, from another motor carrier, through a  lease  as defined in this section. The term  lessee  includes a motor carrier obtaining the use of a passenger-carrying commercial motor vehicle from another motor carrier under an interchange or other agreement, with or without a driver, whether or not compensation for such use is specified. For a definition of  lessee  in the context of property-carrying vehicles, see \u00a7 376.2 of this subchapter.\n\nLessor,  as used in subpart G of this part, means the motor carrier granting the use of a passenger-carrying commercial motor vehicle, with or without the driver, to another motor carrier, through a  lease  as defined in this section. The term  lessor  includes a motor carrier granting the use of a passenger-carrying commercial motor vehicle, with or without the driver, to another motor carrier under an interchange or other agreement, whether or not compensation for such use is specified. For a definition of  lessor  in the context of property-carrying vehicles, see \u00a7 376.2 of this subchapter.\n\nMedical examiner  means an individual certified by FMCSA and listed on the National Registry of Certified Medical Examiners in accordance with subpart D of this part.\n\nMedical variance  means a driver has received one of the following from FMCSA that allows the driver to be issued a medical certificate:\n\n(1) An exemption letter permitting operation of a commercial motor vehicle pursuant to part 381, subpart C, of this chapter; or\n\n(2) A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to \u00a7 391.49 of this chapter.\n\nMobile telephone  means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 CFR 20.3. It does not include two-way or Citizens Band Radio services.\n\nMotor carrier  means a for-hire motor carrier or a private motor carrier. The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. For purposes of subchapter B, this definition includes the terms  employer,  and  exempt motor carrier.\n\nMotor vehicle  means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Motor Carrier Safety Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.\n\nMotor vehicle record  means the report of the driving status and history of a driver generated from the driver record that is provided to users, such as drivers or employers, and, for drivers licensed by a State, is subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. 2721-2725.\n\nMultiple-employer driver  means a driver, who in any period of 7 consecutive days, is employed or used as a driver by more than one motor carrier.\n\nOperating authority  means the registration required by 49 U.S.C. 13902, 49 CFR part 365, 49 CFR part 368, and 49 CFR 392.9a.\n\nOperator \u2014See driver.\n\nOther terms \u2014Any other term used in this subchapter is used in its commonly accepted meaning, except where such other term has been defined elsewhere in this subchapter. In that event, the definition therein given shall apply.\n\nOut-of-service order  means a declaration by an authorized enforcement officer of a Federal, State, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out of service pursuant to 49 CFR 386.72, 392.5, 392.9a, 395.13, or 396.9, or compatible laws, or the North American Standard Out-of-Service Criteria.\n\nPerson  means any individual, partnership, association, corporation, business trust, or any other organized group of individuals.\n\nPrevious employer  means any DOT regulated person who employed the driver in the preceding 3 years, including any possible current employer.\n\nPrincipal place of business  means the single location designated by the motor carrier, normally its headquarters, for purposes of identification under this subchapter. The motor carrier must make records required by parts 382, 387, 390, 391, 395, 396, and 397 of this subchapter available for inspection at this location within 48 hours (Saturdays, Sundays, and Federal holidays excluded) after a request has been made by a special agent or authorized representative of the Federal Motor Carrier Safety Administration.\n\nPrivate motor carrier  means a person who provides transportation of property or passengers, by commercial motor vehicle, and is not a for-hire motor carrier.\n\nPrivate motor carrier of passengers (business)  means a private motor carrier engaged in the interstate transportation of passengers which is provided in the furtherance of a commercial enterprise and is not available to the public at large.\n\nPrivate motor carrier of passengers (nonbusiness)  means private motor carrier involved in the interstate transportation of passengers that does not otherwise meet the definition of a private motor carrier of passengers (business).\n\nQualified VA examiner  means an advanced practice nurse, doctor of chiropractic, doctor of medicine, doctor of osteopathy, physician assistant, or other medical professional who is employed in the Department of Veterans Affairs; is licensed, certified, or registered in a State to perform physical examinations; is familiar with the standards for, and physical requirements of, an operator certified pursuant to 49 U.S.C. 31149; and has never, with respect to such section, been found to have acted fraudulently, including by fraudulently awarding a medical certificate.\n\nRadar detector  means any device or mechanism to detect the emission of radio microwaves, laser beams or any other future speed measurement technology employed by enforcement personnel to measure the speed of commercial motor vehicles upon public roads and highways for enforcement purposes. Excluded from this definition are radar detection devices that meet both of the following requirements:\n\n(1) Transported outside the driver's compartment of the commercial motor vehicle. For this purpose, the  driver's  compartment of a passenger-carrying CMV shall include all space designed to accommodate both the driver and the passengers; and\n\n(2) Completely inaccessible to, inoperable by, and imperceptible to the driver while operating the commercial motor vehicle.\n\nReceiver  or  consignee  means a person who takes delivery from a motor carrier or driver of a commercial motor vehicle of property transported in interstate commerce or hazardous materials transported in interstate or intrastate commerce.\n\nRegional Director of Motor Carriers  means the Field Administrator, Federal Motor Carrier Safety Administration, for a given geographical area of the United States.\n\nResidential district  means the territory adjacent to and including a highway which is not a business district and for a distance of 300 feet or more along the highway is primarily improved with residences.\n\nResidential heating fuel  includes heating oil, natural gas, and propane (also known as Liquefied Petroleum Gas or Petroleum Gas, Liquified).\n\nSchool bus  means a passenger motor vehicle which is designed or used to carry more than 10 passengers in addition to the driver, and which the Secretary determines is likely to be significantly used for the purpose of transporting preprimary, primary, or secondary school students to such schools from home or from such schools to home.\n\nSchool bus operation  means the use of a school bus to transport only school children and/or school personnel from home to school and from school to home.\n\nSecretary  means the Secretary of Transportation.\n\nShipper  means a person who tenders property to a motor carrier or driver of a commercial motor vehicle for transportation in interstate commerce, or who tenders hazardous materials to a motor carrier or driver of a commercial motor vehicle for transportation in interstate or intrastate commerce.\n\nSingle-employer driver  means a driver who, in any period of 7 consecutive days, is employed or used as a driver solely by a single motor carrier. This term includes a driver who operates a commercial motor vehicle on an intermittent, casual, or occasional basis.\n\nSpecial agent.  See appendix B to this part.\n\nState  means a State of the United States and the District of Columbia and includes a political subdivision of a State.\n\nTexting  means manually entering alphanumeric text into, or reading text from, an electronic device.\n\n(1) This action includes, but is not limited to, short message service, emailing, instant messaging, a command or request to access a World Wide Web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication.\n\n(2) Texting does not include:\n\n(i) Inputting, selecting, or reading information on a global positioning system or navigation system; or\n\n(ii) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or\n\n(iii) Using a device capable of performing multiple functions ( e.g.,  fleet management systems, dispatching devices, smart phones, citizens band radios, music players,  etc. ) for a purpose that is not otherwise prohibited in this subchapter.\n\nTrailer  includes:\n\n(1)  Full trailer  means any motor vehicle other than a pole trailer which is designed to be drawn by another motor vehicle and so constructed that no part of its weight, except for the towing device, rests upon the self-propelled towing motor vehicle. A semitrailer equipped with an auxiliary front axle (converter dolly) shall be considered a full trailer.\n\n(2)  Pole trailer  means any motor vehicle which is designed to be drawn by another motor vehicle and attached to the towing motor vehicle by means of a \u201creach\u201d or \u201cpole,\u201d or by being \u201cboomed\u201d or otherwise secured to the towing motor vehicle, for transporting long or irregularly shaped loads such as poles, pipes, or structural members, which generally are capable of sustaining themselves as beams between the supporting connections.\n\n(3)  Semitrailer  means any motor vehicle, other than a pole trailer, which is designed to be drawn by another motor vehicle and is constructed so that some part of its weight rests upon the self-propelled towing motor vehicle.\n\nTransportation intermediary  means a person who arranges the transportation of property or passengers by commercial motor vehicle in interstate commerce, or who arranges the transportation of hazardous materials by commercial motor vehicle in interstate or intrastate commerce, including but not limited to brokers and freight forwarders.\n\nTruck  means any self-propelled commercial motor vehicle except a truck tractor, designed and/or used for the transportation of property.\n\nTruck tractor  means a self-propelled commercial motor vehicle designed and/or used primarily for drawing other vehicles.\n\nUse a hand-held mobile telephone  means:\n\n(1) Using at least one hand to hold a mobile telephone to conduct a voice communication;\n\n(2) Dialing or answering a mobile telephone by pressing more than a single button, or\n\n(3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer's instructions.\n\nUnited States  means the 50 States and the District of Columbia.\n\nVeteran operator  means an operator of a commercial motor vehicle who is a veteran enrolled in the health care system established under 38 U.S.C. 1705(a).\n\nWritten or in writing  means printed, handwritten, or typewritten either on paper or other tangible medium, or by any method of electronic documentation that meets the requirements of 49 CFR 390.32."], ["49:49:5.1.1.2.32.1.13.6", 49, "Transportation", "III", "B", "390", "", "A", "Subpart A\u2014General Applicability and Definitions", "", "\u00a7 390.5T Definitions.", "FHWA", "", "", "[82 FR 5311, Jan. 17, 2017, as amended at 83 FR 16226, Apr. 16, 2018; 83 FR 22878, May 17, 2018; 83 FR 24228, May 25, 2018; 83 FR 26860, June 11, 2018; 83 FR 48726, Sept. 27, 2018; 84 FR 40294, Aug. 14, 2019; 86 FR 35642, July 7, 2021; 86 FR 57073, Oct. 14, 2021; 87 FR 13208, Mar. 9, 2022; 88 FR 70908, Oct. 13, 2023; 88 FR 80183, Nov. 17, 2023]", "Unless specifically defined elsewhere, in this subchapter:\n\nAccident  means\u2014\n\n(1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in:\n\n(i) A fatality;\n\n(ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or\n\n(iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle.\n\n(2) The term accident does not include:\n\n(i) An occurrence involving only boarding and alighting from a stationary motor vehicle; or\n\n(ii) An occurrence involving only the loading or unloading of cargo.\n\nAlcohol concentration  (AC) means the concentration of alcohol in a person's blood or breath. When expressed as a percentage it means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.\n\nAssistant Administrator  means the Assistant Administrator of the Federal Motor Carrier Safety Administration or an authorized delegee.\n\nBus  means any motor vehicle designed, constructed, and/or used for the transportation of passengers, including taxicabs.\n\nBusiness district  means the territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway.\n\nCertified VA medical examiner  means a qualified VA examiner who has fulfilled the requirements for and is listed on the National Registry of Certified Medical Examiners.\n\nCharter transportation of passengers  means transportation, using a bus, of a group of persons who pursuant to a common purpose, under a single contract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin.\n\nCoerce  or  Coercion  means\n\neither\u2014\n\n(1) A threat by a motor carrier, shipper, receiver, or transportation intermediary, or their respective agents, officers or representatives, to withhold business, employment or work opportunities from, or to take or permit any adverse employment action against, a driver in order to induce the driver to operate a commercial motor vehicle under conditions which the driver stated would require him or her to violate one or more of the regulations, which the driver identified at least generally, that are codified at 49 CFR parts 171 through 173, 177 through 180, 380 through 383, or 390 through 399, or \u00a7 385.415 or \u00a7 385.421T of this chapter, or the actual withholding of business, employment, or work opportunities or the actual taking or permitting of any adverse employment action to punish a driver for having refused to engage in such operation of a commercial motor vehicle; or\n\n(2) A threat by a motor carrier, or its agents, officers or representatives, to withhold business, employment or work opportunities or to take or permit any adverse employment action against a driver in order to induce the driver to operate a commercial motor vehicle under conditions which the driver stated would require a violation of one or more of the regulations, which the driver identified at least generally, that are codified at 49 CFR parts 356, 360, or 365 through 379, or the actual withholding of business, employment or work opportunities or the actual taking or permitting of any adverse employment action to punish a driver for refusing to engage in such operation of a commercial motor vehicle.\n\nCommercial motor vehicle  means any self-propelled or towed motor vehicle used on a highway in interstate commerce to transport passengers or property when the vehicle\u2014\n\n(1) Has a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or\n\n(2) Is designed or used to transport more than 8 passengers (including the driver) for compensation; or\n\n(3) Is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or\n\n(4) Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.\n\nConviction  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 probated.\n\nCovered farm vehicle  means\u2014\n\n(1) A straight truck or articulated vehicle\u2014\n\n(i) Registered in a State with a license plate or other designation issued by the State of registration that allows law enforcement officials to identify it as a farm vehicle;\n\n(ii) Operated by the owner or operator of a farm or ranch, or an employee or family member of an owner or operator of a farm or ranch;\n\n(iii) Used to transport agricultural commodities, livestock, machinery or supplies to or from a farm or ranch; and\n\n(iv) Not used in for-hire motor carrier operations; however, for-hire motor carrier operations do not include the operation of a vehicle meeting the requirements of paragraphs (1)(i) through (iii) of this definition by a tenant pursuant to a crop share farm lease agreement to transport the landlord's portion of the crops under that agreement.\n\n(2) Meeting the requirements of paragraphs (1)(i) through (iv) of this definition:\n\n(i) With a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, whichever is greater, of 26,001 pounds or less may utilize the exemptions in \u00a7 390.39 anywhere in the United States; or\n\n(ii) With a gross vehicle weight rating or gross combination weight rating, or gross vehicle weight or gross combination weight, whichever is greater, of more than 26,001 pounds may utilize the exemptions in \u00a7 390.39 anywhere in the State of registration or across State lines within 150 air miles of the farm or ranch with respect to which the vehicle is being operated.\n\nCrash.  See accident.\n\nDirect assistance  means transportation operations in which a motor carrier or driver of a commercial motor vehicle is supplementing State and local efforts and capabilities to save lives or property or to protect public health and safety as a result of an emergency as defined in this section involving transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services ( e.g.,  electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies ( e.g.,  food and fuel). It does not include transportation related to long-term rehabilitation of damaged physical infrastructure or routine commercial deliveries after the initial threat to life and property has passed.\n\nDirect compensation  means payment made to the motor carrier by the passengers or a person acting on behalf of the passengers for the transportation services provided, and not included in a total package charge or other assessment for highway transportation services.\n\nDisabling damage  means damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs.\n\n(1)  Inclusions.  Damage to motor vehicles that could have been driven, but would have been further damaged if so driven.\n\n(2)  Exclusions.  (i) Damage which can be remedied temporarily at the scene of the accident without special tools or parts.\n\n(ii) Tire disablement without other damage even if no spare tire is available.\n\n(iii) Headlamp or taillight damage.\n\n(iv) Damage to turn signals, horn, or windshield wipers which makes them inoperative.\n\nDriveaway-towaway operation  means an operation in which an empty or unladen motor vehicle with one or more sets of wheels on the surface of the roadway is being transported:\n\n(1) Between vehicle manufacturer's facilities;\n\n(2) Between a vehicle manufacturer and a dealership or purchaser;\n\n(3) Between a dealership, or other entity selling or leasing the vehicle, and a purchaser or lessee;\n\n(4) To a motor carrier's terminal or repair facility for the repair of disabling damage (as defined in this section) following a crash; or\n\n(5) To a motor carrier's terminal or repair facility for repairs associated with the failure of a vehicle component or system; or\n\n(6) By means of a saddle-mount or tow-bar.\n\nDriver  means any person who operates any commercial motor vehicle.\n\nDriving a commercial motor vehicle while under the influence of alcohol  means committing any one or more of the following acts in a CMV: Driving a CMV while the person's alcohol concentration is 0.04 or more; driving under the influence of alcohol, as prescribed by State law; or refusal to undergo such testing as is required by any State or jurisdiction in the enforcement of Table 1 to \u00a7 383.51 or \u00a7 392.5(a)(2) of this subchapter.\n\nElectronic device  includes, but is not limited to, a cellular telephone; personal digital assistant; pager; computer; or any other device used to input, write, send, receive, or read text.\n\nElectronic signature  means a method of signing an electronic communication that identifies and authenticates a particular person as the source of the electronic communication and indicates such person's approval of the information contained in the electronic communication, in accordance with the Government Paperwork Elimination Act (Pub. L. 105-277, Title XVII, Secs. 1701-1710, 44 U.S.C. 3504 note, 112 Stat. 2681-749).\n\nEmergency  means any hurricane, tornado, storm ( e.g.,  thunderstorm, snowstorm, ice storm, blizzard, sandstorm, etc.), high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, mud slide, drought, forest fire, explosion, blackout, or other occurrence, natural or man-made, which interrupts the delivery of essential services ( e.g.,  electricity, medical care, sewer, water, telecommunications, and telecommunication transmissions) or essential supplies ( e.g.,  food and fuel) or otherwise immediately threatens human life or public welfare, provided such hurricane, tornado, or other event results in a declaration of an emergency by the President of the United States, the Governor of a State, or their authorized representatives having authority to declare emergencies; by FMCSA; or by other Federal, State, or local government officials having authority to declare emergencies; or a request by a police officer for tow trucks to move wrecked or disabled motor vehicles.  Emergency  does not include events arising from economic conditions that are caused by market forces, including shortage of raw materials ( e.g.,  driver shortages, computer chip shortages, other supply chain issues) or labor strikes, unless such event causes an immediate threat to human life and results in a declaration of an emergency by the President of the United States, the Governor of a State, or their authorized representatives having authority to declare emergencies; by FMCSA; or by other Federal, State, or local government officials having authority to declare emergencies.\n\nEmergency condition requiring immediate response  means any condition that, if left unattended, is reasonably likely to result in immediate serious bodily harm, death, or substantial damage to property. In the case of transportation of propane winter heating fuel, such conditions shall include (but are not limited to) the detection of gas odor, the activation of carbon monoxide alarms, the detection of carbon monoxide poisoning, and any real or suspected damage to a propane gas system following a severe storm or flooding. An \u201cemergency condition requiring immediate response\u201d does not include requests to refill empty gas tanks. In the case of a pipeline emergency, such conditions include (but are not limited to) indication of an abnormal pressure event, leak, release or rupture.\n\nEmployee  means any individual, other than an employer, who is employed by an employer and who in the course of his or her employment directly affects commercial motor vehicle safety. Such term includes a driver of a commercial motor vehicle (including an independent contractor while in the course of operating a commercial motor vehicle), a mechanic, and a freight handler. Such term does not include an employee of the United States, any State, any political subdivision of a State, or any agency established under a compact between States and approved by the Congress of the United States who is acting within the course of such employment.\n\nEmployer  means any person engaged in a business affecting interstate commerce who owns or leases a commercial motor vehicle in connection with that business, or assigns employees to operate it, but such term does not include the United States, any State, any political subdivision of a State, or an agency established under a compact between States approved by the Congress of the United States.\n\nExempt intracity zone  means the geographic area of a municipality or the commercial zone of that municipality described in appendix A to part 372 of this chapter. The term \u201cexempt intracity zone\u201d does not include any municipality or commercial zone in the State of Hawaii. For purposes of \u00a7 391.62 of this chapter, a driver may be considered to operate a commercial motor vehicle wholly within an exempt intracity zone notwithstanding any common control, management, or arrangement for a continuous carriage or shipment to or from a point without such zone.\n\nExempt motor carrier  means a person engaged in transportation exempt from economic regulation by the Federal Motor Carrier Safety Administration (FMCSA) under 49 U.S.C. 13506. \u201cExempt motor carriers\u201d are subject to the safety regulations set forth in this subchapter.\n\nFarm vehicle driver  means a person who drives only a commercial motor vehicle that is\u2014\n\n(1) Controlled and operated by a farmer as a private motor carrier of property;\n\n(2) Being used to transport either\u2014\n\n(i) Agricultural products; or\n\n(ii) Farm machinery, farm supplies, or both, to or from a farm;\n\n(3) Not being used in the operation of a for-hire motor carrier;\n\n(4) Not carrying hazardous materials of a type or quantity that requires the commercial motor vehicle to be placarded in accordance with \u00a7 177.823 of this subtitle; and\n\n(5) Being used within 150 air-miles of the farmer's farm.\n\nFarmer  means any person who operates a farm or is directly involved in the cultivation of land, crops, or livestock which\u2014\n\n(1) Are owned by that person; or\n\n(2) Are under the direct control of that person.\n\nFatality  means any injury which results in the death of a person at the time of the motor vehicle accident or within 30 days of the accident.\n\nFederal Motor Carrier Safety Administrator  means the chief executive of the Federal Motor Carrier Safety Administration, an agency within the Department of Transportation.\n\nField Administrator  means the head of an FMCSA Service Center who has been delegated authority to initiate compliance and enforcement actions on behalf of FMCSA or an authorized delegee.\n\nFor-hire motor carrier  means a person engaged in the transportation of goods or passengers for compensation.\n\nGross combination weight rating (GCWR)  is the greater of:\n\n(1) A value specified by the manufacturer of the power unit, if such value is displayed on the Federal Motor Vehicle Safety Standard (FMVSS) certification label required by the National Highway Traffic Safety Administration; or\n\n(2) The sum of the gross vehicle weight ratings (GVWRs) or the gross vehicle weights (GVWs) of the power unit and the towed unit(s), or any combination thereof, that produces the highest value. Exception: The GCWR of the power unit will not be used to define a commercial motor vehicle when the power unit is not towing another vehicle.\n\nGross vehicle weight rating (GVWR)  means the value specified by the manufacturer as the loaded weight of a single motor vehicle.\n\nHazardous material  means a substance or material which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated.\n\nHazardous substance  means a material, and its mixtures or solutions, that is identified in the appendix to \u00a7 172.101 of this title, List of Hazardous Substances and Reportable Quantities, of this title when offered for transportation in one package, or in one transport motor vehicle if not packaged, and when the quantity of the material therein equals or exceeds the reportable quantity (RQ). This definition does not apply to petroleum products that are lubricants or fuels, or to mixtures or solutions of hazardous substances if in a concentration less than that shown in the table in \u00a7 171.8 of this title, based on the reportable quantity (RQ) specified for the materials listed in the appendix to \u00a7 172.101 of this title.\n\nHazardous waste  means any material that is subject to the hazardous waste manifest requirements of the EPA specified in 40 CFR part 262 or would be subject to these requirements absent an interim authorization to a State under 40 CFR part 123, subpart F.\n\nHighway  means any road, street, or way, whether on public or private property, open to public travel. \u201cOpen to public travel\u201d means that the road section is available, except during scheduled periods, extreme weather or emergency conditions, passable by four-wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration. Toll plazas of public toll roads are not considered restrictive gates.\n\nInterchange  means\u2014\n\n(1) The act of providing intermodal equipment to a motor carrier pursuant to an intermodal equipment interchange agreement for the purpose of transporting the equipment for loading or unloading by any person or repositioning the equipment for the benefit of the equipment provider, but it does not include the leasing of equipment to a motor carrier for primary use in the motor carrier's freight hauling operations; or\n\n(2) The act of providing a passenger-carrying commercial motor vehicle by one motor carrier of passengers to another such carrier, at a point which both carriers are authorized to serve, with which to continue a through movement.\n\n(3) For property-carrying vehicles, see \u00a7 376.2 of this subchapter.\n\nIntermodal equipment  means trailing equipment that is used in the intermodal transportation of containers over public highways in interstate commerce, including trailers and chassis.\n\nIntermodal equipment interchange agreement  means the Uniform Intermodal Interchange and Facilities Access Agreement (UIIFA) or any other written document executed by an intermodal equipment provider or its agent and a motor carrier or its agent, the primary purpose of which is to establish the responsibilities and liabilities of both parties with respect to the interchange of the intermodal equipment.\n\nIntermodal equipment provider  means any person that interchanges intermodal equipment with a motor carrier pursuant to a written interchange agreement or has a contractual responsibility for the maintenance of the intermodal equipment.\n\nInterstate commerce  means trade, traffic, or transportation in the United States\u2014\n\n(1) Between a place in a State and a place outside of such State (including a place outside of the United States);\n\n(2) Between two places in a State through another State or a place outside of the United States; or\n\n(3) Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States.\n\nIntrastate commerce  means any trade, traffic, or transportation in any State which is not described in the term \u201cinterstate commerce.\u201d\n\nLease,  as used in subpart G of this part, means a contract or agreement in which a motor carrier of passengers grants the use of a passenger-carrying commercial motor vehicle, with or without the driver, to another motor carrier, for a specified period for the transportation of passengers, whether or not compensation for such use is specified or required, when one or more of the motor carriers of passengers is not authorized to operate in interstate commerce pursuant to 49 U.S.C. 13901-13902. The term  lease  includes an interchange, as defined in this section, or other agreement granting the use of a passenger-carrying commercial motor vehicle, with or without the driver, for a specified period, whether or not compensation for such use is specified or required. For a definition of  lease  in the context of property-carrying vehicles, see \u00a7 376.2 of this subchapter.\n\nLessee,  as used in subpart G of this part, means the motor carrier obtaining the use of a passenger-carrying commercial motor vehicle, with or without the driver, from another motor carrier, through a  lease  as defined in this section. The term  lessee  includes a motor carrier obtaining the use of a passenger-carrying commercial motor vehicle, with or without the driver, from another motor carrier under an interchange or other agreement, whether or not compensation for such use is specified. For a definition of  lessee  in the context of property-carrying vehicles, see \u00a7 376.2 of this subchapter.\n\nLessor,  as used in subpart G of this part, means the motor carrier granting the use of a passenger-carrying commercial motor vehicle, with or without the driver, to another motor carrier, through a  lease  as defined in this section. The term  lessor  includes a motor carrier granting the use of a passenger-carrying commercial motor vehicle, with or without the driver, to another motor carrier under an interchange or other agreement, whether or not compensation for such use is specified. For a definition of  lessor  in the context of property-carrying vehicles, see \u00a7 376.2 of this subchapter.\n\nMedical examiner  means an individual certified by FMCSA and listed on the National Registry of Certified Medical Examiners in accordance with subpart D of this part.\n\nMedical variance  means a driver has received one of the following from FMCSA that allows the driver to be issued a medical certificate:\n\n(1) An exemption letter permitting operation of a commercial motor vehicle pursuant to part 381, subpart C, of this chapter; or\n\n(2) A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to \u00a7 391.49 of this chapter.\n\nMobile telephone  means a mobile communication device that falls under or uses any commercial mobile radio service, as defined in regulations of the Federal Communications Commission, 47 CFR 20.3. It does not include two-way or Citizens Band Radio services.\n\nMotor carrier  means a for-hire motor carrier or a private motor carrier. The term includes a motor carrier's agents, officers and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of drivers and employees concerned with the installation, inspection, and maintenance of motor vehicle equipment and/or accessories. For purposes of this subchapter, this definition includes the terms employer, and exempt motor carrier.\n\nMotor vehicle  means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof determined by the Federal Motor Carrier Safety Administration, but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails, or a trolley bus operated by electric power derived from a fixed overhead wire, furnishing local passenger transportation similar to street-railway service.\n\nMotor vehicle record  means the report of the driving status and history of a driver generated from the driver record that is provided to users, such as drivers or employers, and, for drivers licensed by a State, is subject to the provisions of the Driver Privacy Protection Act, 18 U.S.C. 2721-2725.\n\nMultiple-employer driver  means a driver, who in any period of 7 consecutive days, is employed or used as a driver by more than one motor carrier.\n\nOperating authority  means the registration required by 49 U.S.C. 13902, 49 CFR part 365, 49 CFR part 368, and 49 CFR 392.9a.\n\nOperator.  See driver.\n\nOther terms.  Any other term used in this subchapter is used in its commonly accepted meaning, except where such other term has been defined elsewhere in this subchapter. In that event, the definition therein given shall apply.\n\nOut-of-service order  means a declaration by an authorized enforcement officer of a Federal, State, Canadian, Mexican, or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out of service pursuant to 49 CFR 386.72, 392.5, 392.9a, 395.13, or 396.9, or compatible laws, or the North American Standard Out-of-Service Criteria.\n\nPerson  means any individual, partnership, association, corporation, business trust, or any other organized group of individuals.\n\nPrevious employer  means any DOT regulated person who employed the driver in the preceding 3 years, including any possible current employer.\n\nPrincipal place of business  means the single location designated by the motor carrier, normally its headquarters, for purposes of identification under this subchapter. The motor carrier must make records required by parts 382, 387, 390, 391, 395, 396, and 397 of this subchapter available for inspection at this location within 48 hours (Saturdays, Sundays, and Federal holidays excluded) after a request has been made by a special agent or authorized representative of the Federal Motor Carrier Safety Administration.\n\nPrivate motor carrier  means a person who provides transportation of property or passengers, by commercial motor vehicle, and is not a for-hire motor carrier.\n\nPrivate motor carrier of passengers (business)  means a private motor carrier engaged in the interstate transportation of passengers which is provided in the furtherance of a commercial enterprise and is not available to the public at large.\n\nPrivate motor carrier of passengers (nonbusiness)  means private motor carrier involved in the interstate transportation of passengers that does not otherwise meet the definition of a private motor carrier of passengers (business).\n\nQualified VA examiner  means an advanced practice nurse, doctor of chiropractic, doctor of medicine, doctor of osteopathy, physician assistant, or other medical professional who is employed in the Department of Veterans Affairs; is licensed, certified, or registered in a State to perform physical examinations; is familiar with the standards for, and physical requirements of, an operator certified pursuant to 49 U.S.C. 31149; and has never, with respect to such section, been found to have acted fraudulently, including by fraudulently awarding a medical certificate.\n\nRadar detector  means any device or mechanism to detect the emission of radio microwaves, laser beams or any other future speed measurement technology employed by enforcement personnel to measure the speed of commercial motor vehicles upon public roads and highways for enforcement purposes. Excluded from this definition are radar detection devices that meet both of the following requirements:\n\n(1) Transported outside the driver's compartment of the commercial motor vehicle. For this purpose, the driver's compartment of a passenger-carrying CMV shall include all space designed to accommodate both the driver and the passengers; and\n\n(2) Completely inaccessible to, inoperable by, and imperceptible to the driver while operating the commercial motor vehicle.\n\nReceiver or consignee  means a person who takes delivery from a motor carrier or driver of a commercial motor vehicle of property transported in interstate commerce or hazardous materials transported in interstate or intrastate commerce.\n\nRegional Director of Motor Carriers  means the Field Administrator, Federal Motor Carrier Safety Administration, for a given geographical area of the United States.\n\nResidential district  means the territory adjacent to and including a highway which is not a business district and for a distance of 300 feet or more along the highway is primarily improved with residences.\n\nResidential heating fuel  includes heating oil, natural gas, and propane (also known as Liquefied Petroleum Gas or Petroleum Gas, Liquified).\n\nSchool bus  means a passenger motor vehicle which is designed or used to carry more than 10 passengers in addition to the driver, and which the Secretary determines is likely to be significantly used for the purpose of transporting preprimary, primary, or secondary school students to such schools from home or from such schools to home.\n\nSchool bus operation  means the use of a school bus to transport only school children and/or school personnel from home to school and from school to home.\n\nSecretary  means the Secretary of Transportation.\n\nShipper  means a person who tenders property to a motor carrier or driver of a commercial motor vehicle for transportation in interstate commerce, or who tenders hazardous materials to a motor carrier or driver of a commercial motor vehicle for transportation in interstate or intrastate commerce.\n\nSingle-employer driver  means a driver who, in any period of 7 consecutive days, is employed or used as a driver solely by a single motor carrier. This term includes a driver who operates a commercial motor vehicle on an intermittent, casual, or occasional basis.\n\nSpecial agent.  See appendix B to this part.\n\nState  means a State of the United States and the District of Columbia and includes a political subdivision of a State.\n\nTexting  means manually entering alphanumeric text into, or reading text from, an electronic device.\n\n(1) This action includes, but is not limited to, short message service, emailing, instant messaging, a command or request to access a World Wide Web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication.\n\n(2) Texting does not include:\n\n(i) Inputting, selecting, or reading information on a global positioning system or navigation system; or\n\n(ii) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or\n\n(iii) Using a device capable of performing multiple functions ( e.g.,  fleet management systems, dispatching devices, smart phones, citizens band radios, music players, etc.) for a purpose that is not otherwise prohibited in this subchapter.\n\nTrailer  includes:\n\n(1) Full trailer means any motor vehicle other than a pole trailer which is designed to be drawn by another motor vehicle and so constructed that no part of its weight, except for the towing device, rests upon the self-propelled towing motor vehicle. A semitrailer equipped with an auxiliary front axle (converter dolly) shall be considered a full trailer.\n\n(2) Pole trailer means any motor vehicle which is designed to be drawn by another motor vehicle and attached to the towing motor vehicle by means of a \u201creach\u201d or \u201cpole,\u201d or by being \u201cboomed\u201d or otherwise secured to the towing motor vehicle, for transporting long or irregularly shaped loads such as poles, pipes, or structural members, which generally are capable of sustaining themselves as beams between the supporting connections.\n\n(3) Semitrailer means any motor vehicle, other than a pole trailer, which is designed to be drawn by another motor vehicle and is constructed so that some part of its weight rests upon the self-propelled towing motor vehicle.\n\nTransportation intermediary  means a person who arranges the transportation of property or passengers by commercial motor vehicle in interstate commerce, or who arranges the transportation of hazardous materials by commercial motor vehicle in interstate or intrastate commerce, including but not limited to brokers and freight forwarders.\n\nTruck  means any self-propelled commercial motor vehicle except a truck tractor, designed and/or used for the transportation of property.\n\nTruck tractor  means a self-propelled commercial motor vehicle designed and/or used primarily for drawing other vehicles.\n\nUse a hand-held mobile telephone  means:\n\n(1) Using at least one hand to hold a mobile telephone to conduct a voice communication;\n\n(2) Dialing or answering a mobile telephone by pressing more than a single button; or\n\n(3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that he or she is no longer in a seated driving position, restrained by a seat belt that is installed in accordance with 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer's instructions.\n\nUnited States  means the 50 States and the District of Columbia.\n\nVeteran operator  means an operator of a commercial motor vehicle who is a veteran enrolled in the health care system established under 38 U.S.C. 1705(a).\n\nWritten or in writing  means printed, handwritten, or typewritten either on paper or other tangible medium, or by any method of electronic documentation that meets the requirements of 49 CFR 390.32."], ["49:49:5.1.1.2.32.1.13.7", 49, "Transportation", "III", "B", "390", "", "A", "Subpart A\u2014General Applicability and Definitions", "", "\u00a7 390.6 Coercion prohibited.", "FHWA", "", "", "[80 FR 74710, Nov. 30, 2015, as amended at 81 FR 68348, Oct. 4, 2016]", "(a)  Prohibition.  (1) A motor carrier, shipper, receiver, or transportation intermediary, including their respective agents, officers, or representatives, may not coerce a driver of a commercial motor vehicle to operate such vehicle in violation of 49 CFR parts 171-173, 177-180, 380-383 or 390-399, or \u00a7\u00a7 385.415 or 385.421;\n\n(2) A motor carrier or its agents, officers, or representatives, may not coerce a driver of a commercial motor vehicle to operate such vehicle in violation of 49 CFR parts 356, 360, or 365-379.\n\n(b)  Complaint process.  (1) A driver who believes he or she was coerced to violate a regulation described in paragraph (a)(1) or (2) of this section may file a written complaint under \u00a7 386.12(c) of this subchapter.\n\n(2) A complaint under paragraph (b)(1) of this section shall describe the action that the driver claims constitutes coercion and identify the regulation the driver was coerced to violate.\n\n(3) A complaint under paragraph (b)(1) of this section may include any supporting evidence that will assist the Division Administrator in determining the merits of the complaint."], ["49:49:5.1.1.2.32.1.13.8", 49, "Transportation", "III", "B", "390", "", "A", "Subpart A\u2014General Applicability and Definitions", "", "\u00a7 390.7 Rules of construction.", "FHWA", "", "", "[53 FR 18052, May 19, 1988, as amended at 60 FR 38744, July 28, 1995; 83 FR 16226, Apr. 16, 2018]", "(a) In part 325 of subchapter A and in this subchapter, unless the context requires otherwise:\n\n(1) Words imparting the singular include the plural;\n\n(2) Words imparting the plural include the singular;\n\n(3) Words imparting the present tense include the future tense.\n\n(b) In this subchapter the word\u2014\n\n(1)  Officer  includes any person authorized by law to perform the duties of the office;\n\n(2)  Shall  is used in an imperative sense;\n\n(3)  Must  is used in an imperative sense;\n\n(4)  Should  is used in a recommendatory sense;\n\n(5)  May  is used in a permissive sense; and\n\n(6)  Includes  is used as a word of inclusion, not limitation."], ["49:49:5.1.1.2.32.1.13.9", 49, "Transportation", "III", "B", "390", "", "A", "Subpart A\u2014General Applicability and Definitions", "", "\u00a7 390.8 Separation of functions.", "FHWA", "", "", "[86 FR 57073, Oct. 14, 2021]", "(a) An Agency employee who has taken an active part in investigating, prosecuting, advocating, or making an initial Agency determination in a proceeding under \u00a7 380.723, \u00a7 382.717, \u00a7 390.115, \u00a7 390.135, or \u00a7 391.47 of this chapter or section 5.4 to appendix A to subpart B of part 395 of this chapter may not, in that case or a factually-related case, advise or assist the Agency official authorized to issue a final decision in the applicable proceeding.\n\n(b) Nothing in this section shall preclude the Agency official authorized to issue a final decision or anyone advising that Agency official from taking part in a determination to launch an investigation or issue a complaint, or similar preliminary decision."], ["49:49:5.1.1.2.32.2.13.1", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.9 State and local laws, effect on.", "FHWA", "", "", "", "Except as otherwise specifically indicated, subchapter B of this chapter is not intended to preclude States or subdivisions thereof from establishing or enforcing State or local laws relating to safety, the compliance with which would not prevent full compliance with these regulations by the person subject thereto."], ["49:49:5.1.1.2.32.2.13.10", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.21T Marking of self-propelled CMVs and intermodal equipment.", "FHWA", "", "", "[82 FR 5316, Jan. 17, 2017, as amended at 84 FR 40294, Aug. 14, 2019]", "(a)  General.  Every self-propelled CMV subject to this subchapter must be marked as specified in paragraphs (b), (c), and (d) of this section, and each unit of intermodal equipment interchanged or offered for interchange to a motor carrier by an intermodal equipment provider subject to this subchapter must be marked as specified in paragraph (g) of this section.\n\n(b)  Nature of marking.  The marking must display the following information:\n\n(1) The legal name or a single trade name of the motor carrier operating the self-propelled CMV, as listed on the motor carrier identification report (Form MCS-150) and submitted in accordance with \u00a7 390.19T.\n\n(2) The identification number issued by FMCSA to the motor carrier or intermodal equipment provider, preceded by the letters \u201cUSDOT.\u201d\n\n(3) If the name of any person other than the operating carrier appears on the CMV, the name of the operating carrier must be followed by the information required by paragraphs (b)(1) and (2) of this section, and be preceded by the words \u201coperated by.\u201d\n\n(4) Other identifying information may be displayed on the vehicle if it is not inconsistent with the information required by this paragraph (b).\n\n(c)  Size, shape, location, and color of marking.  The marking must\u2014\n\n(1) Appear on both sides of the self-propelled CMV;\n\n(2) Be in letters that contrast sharply in color with the background on which the letters are placed;\n\n(3) Be readily legible, during daylight hours, from a distance of 50 feet (15.24 meters) while the CMV is stationary; and\n\n(4) Be kept and maintained in a manner that retains the legibility required by paragraph (c)(3) of this section.\n\n(d)  Construction and durability.  The marking may be painted on the CMV or may consist of a removable device, if that device meets the identification and legibility requirements of paragraph (c) of this section, and such marking must be maintained as required by paragraph (c)(4) of this section.\n\n(e)  Rented CMVs and leased passenger-carrying CMVs.  A motor carrier operating a self-propelled CMV under a rental agreement or a passenger-carrying CMV under a lease, when the rental agreement or lease has a term not in excess of 30 calendar days, meets the requirements of this section if:\n\n(1) The CMV is marked in accordance with the provisions of paragraphs (b) through (d) of this section; or\n\n(2) Except as provided in paragraph (e)(2)(v) of this section, the CMV is marked as set forth in paragraph (e)(2)(i) through (iv) of this section:\n\n(i) The legal name or a single trade name of the lessor is displayed in accordance with paragraphs (c) and (d) of this section.\n\n(ii) The lessor's identification number preceded by the letters \u201cUSDOT\u201d is displayed in accordance with paragraphs (c) and (d) of this section; and\n\n(iii) The rental agreement or lease as applicable entered into by the lessor and the renting motor carrier or lessee conspicuously contains the following information:\n\n(A) The name and complete physical address of the principal place of business of the renting motor carrier or lessee;\n\n(B) The identification number issued to the renting motor carrier or lessee by FMCSA, preceded by the letters \u201cUSDOT,\u201d if the motor carrier has been issued such a number. In lieu of the identification number required in this paragraph, the following information may be shown in a rental agreement:\n\n( 1 ) Whether the motor carrier is engaged in \u201cinterstate\u201d or \u201cintrastate\u201d commerce; and\n\n( 2 ) Whether the renting motor carrier or lessee is transporting hazardous materials in the rented or leased CMV;\n\n(C) The sentence: \u201cThis lessor cooperates with all Federal, State, and local law enforcement officials nationwide to provide the identity of customers who operate this rental or leased CMV\u201d; and\n\n(iv) The rental agreement or lease as applicable entered into by the lessor and the renting motor carrier or lessee is carried on the rental CMV or leased passenger-carrying CMV during the full term of the rental agreement or lease. See the property-carrying leasing regulations at 49 CFR part 376 and the passenger-carrying leasing regulations at subpart G of this part for information that should be included in all leasing documents.\n\n(v)  Exception.  (A) A passenger-carrying CMV operating under the 48-hour emergency exception pursuant to \u00a7 390.403(a)(2) of this part does not need to comply with paragraphs (e)(2)(iii) and (iv) of this section, provided the lessor and lessee comply with the requirements of \u00a7 390.403(a)(2).\n\n(B) A motor carrier operating a self-propelled CMV under a lease subject to subpart G of this part (\u00a7\u00a7 390.401 and 390.403) must begin complying with this paragraph (e) on January 1, 2021.\n\n(f)  Driveaway services.  In driveaway services, a removable device may be affixed on both sides or at the rear of a single driven vehicle. In a combination driveaway operation, the device may be affixed on both sides of any one unit or at the rear of the last unit. The removable device must display the legal name or a single trade name of the motor carrier and the motor carrier's USDOT number.\n\n(g)  Intermodal equipment.  (1) The requirements for marking intermodal equipment apply to each intermodal equipment provider, as defined in \u00a7 390.5T, that interchanges or offers for interchange intermodal equipment to a motor carrier.\n\n(2) Each unit of intermodal equipment interchanged or offered for interchange to a motor carrier by an intermodal equipment provider subject to this subchapter must identify the intermodal equipment provider.\n\n(3) The intermodal equipment provider must be identified by its legal name or a single trade name and the identification number issued by FMCSA, preceded by the letters \u201cUSDOT.\u201d\n\n(4) The intermodal equipment must be identified as follows, using any one of the following methods:\n\n(i) The identification marking must appear on the curb side of the item of equipment. It must be in letters that contrast sharply in color with the background on which the letters are placed. The letters must be readily legible, during daylight hours, from a distance of 50 feet (15.24 meters) while the CMV is stationary; and be kept and maintained in a manner that retains this legibility; or\n\n(ii) The identification marking must appear on a label placed upon the curb side of the item of equipment. The label must be readily visible and legible to an inspection official during daylight hours when the vehicle is stationary. The label must be a color that contrasts sharply with the background on which it is placed, and the letters must also contrast sharply in color with the background of the label. The label must be kept and maintained in a manner that retains this legibility; or\n\n(iii) The USDOT number of the intermodal equipment provider must appear on the interchange agreement so that it is clearly identifiable to an inspection official. The interchange agreement must include additional information to identify the specific item of intermodal equipment (such as the Vehicle Identification Number (VIN) and 4-character Standard Carrier Alpha Code (SCAC) code and 6-digit unique identifying number); or\n\n(iv) The identification marking must be shown on a document placed in a weathertight compartment affixed to the frame of the item of intermodal equipment. The color of the letters used in the document must contrast sharply in color with the background of the document. The document must include additional information to identify the specific item of intermodal equipment (such as the VIN and 4-character SCAC code and 6-digit unique identifying number).\n\n(v) The USDOT number of the intermodal equipment provider is maintained in a database that is available via real-time internet and telephonic access. The database must:\n\n(A) Identify the name and USDOT number of the intermodal equipment provider responsible for the intermodal equipment, in response to an inquiry that includes:\n\n( i ) SCAC plus trailing digits; or\n\n( ii ) License plate number and State of license; or\n\n( iii ) VIN of the item of intermodal equipment.\n\n(B) Offer read-only access for inquiries on individual items of intermodal equipment, without requiring advance user registration, a password, or a usage fee."], ["49:49:5.1.1.2.32.2.13.11", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.23 Automatic relief from regulations.", "FHWA", "", "", "[88 FR 70908, Oct. 13, 2023]", "(a)  Presidential declaration of emergency.  Parts 390 through 399 of this chapter, or any section thereof, shall not apply to any motor carrier or driver operating a commercial motor vehicle so long as the motor carrier or driver is providing direct assistance during an emergency declared by the President of the United States pursuant to 42 U.S.C. 5191(b) during the emergency period or 30 days from the date of the initial declaration of the emergency, whichever is less.\n\n(b)  Regional declarations of emergency.  Except as provided in paragraph (b)(1) of this section, \u00a7\u00a7 395.3 and 395.5 of this chapter shall not apply to a motor carrier or driver operating a commercial motor vehicle so long as the motor carrier or driver is providing direct assistance during an emergency declared by the Governor of a State, their authorized representative, or FMCSA during the emergency period or 14 days from the date of the initial declaration of emergency, whichever is less.\n\n(1)  Residential heating fuel shortages.  Parts 390 through 399 of this chapter, or any section thereof, shall not apply to a motor carrier or driver operating a commercial motor vehicle to provide residential heating fuel in the geographic area designated in an emergency declaration issued by the Governor of a State. If the Governor of a State declares an emergency caused by a shortage of residential heating fuel and, at the conclusion of the 30-day period immediately following the declaration, determines that the emergency shortage has not ended, and extends the declaration of an emergency for up to two additional 30-day periods, this regulatory relief shall remain in effect up to the end of such additional periods. The total length of the emergency shall not exceed 90 days.\n\n(2) [Reserved]\n\n(c)  Local emergencies.  Sections 395.3 and 395.5 of this chapter shall not apply to a motor carrier or driver operating a commercial motor vehicle so long as the motor carrier or driver is providing direct assistance during an emergency declared by a Federal, State, or local government official having authority to declare an emergency for the period of such assistance or 5 days from the date of the initial declaration of emergency, whichever is less.\n\n(d)  Tow trucks responding to emergencies.  Section 395.3 of this chapter shall not apply to a motor carrier or driver operating a commercial motor vehicle so long as the motor carrier or driver is providing direct assistance during an emergency when a request has been made by a Federal, State, or local police officer for tow trucks to move wrecked or disabled motor vehicles. This regulatory relief shall not exceed the length of the motor carrier's or driver's direct assistance in providing emergency relief or 24 hours from the time of the initial request for assistance by the Federal, State, or local police officer, whichever is less.\n\n(e)  Termination of regulatory relief.  (1) Upon termination of direct assistance to the emergency relief effort, the motor carrier or driver is subject to all previously exempted sections with the following exception: A driver may return empty to the motor carrier's terminal or the driver's normal work reporting location without complying with the previously exempted sections. However, a driver who informs the motor carrier that he or she needs immediate rest must be permitted at least 10 consecutive hours off duty before the driver is required to return to such terminal or location. Having returned to the terminal or other location, the driver must be relieved of all duty and responsibilities.\n\n(2) Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo not destined for the emergency relief effort, or when the motor carrier dispatches such driver or commercial motor vehicle to another location to begin operations in commerce.\n\n(3) When the driver has been relieved of all duty and responsibilities upon termination of direct assistance to an emergency relief effort, no motor carrier shall permit or require any driver used by it to drive, nor shall any such driver drive in commerce, until the driver has met the requirements of \u00a7\u00a7 395.3(a) and (c) and 395.5(a) of this chapter."], ["49:49:5.1.1.2.32.2.13.12", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.25 Extension or Modification of relief from regulations\u2014emergencies.", "FHWA", "", "", "[88 FR 70909, Oct. 13, 2023]", "(a) FMCSA may extend the period of the regulatory relief or modify the scope of emergency relief contained in \u00a7 390.23. Interested parties may also request an extension or modification by providing a detailed explanation of the need for an extension or modification of the relief. Any interested party seeking to extend the period of regulatory relief shall send its request to the FMCSA emergency declarations mailbox,  FMCSAdeclaration@dot.gov,  before the expiration of the period of relief. FMCSA will determine if such relief is necessary by evaluating the circumstances of the ongoing emergency, the need for relief, and the nature of the relief to be provided.\n\n(b) If FMCSA initiates or approves an extension of the regulatory relief, it shall establish a new time limit and may place terms and conditions on motor carriers or drivers relying upon the continued or modified relief. These terms and conditions may include reporting requirements."], ["49:49:5.1.1.2.32.2.13.13", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.27 Locations of motor carrier safety service centers.", "FHWA", "", "", "[83 FR 22878, May 17, 2018, as amended at 88 FR 80184, Nov. 17, 2023; 89 FR 90622, Nov. 18, 2024]", "Note 1:  Canadian carriers\u2014for information regarding proper service center, contact an FMCSA division (State) office in Alaska, Maine, Michigan, Montana, New York, North Dakota, Vermont, or Washington.\n\nNote 2:  Mexican carriers are handled through the four southern border divisions and the Western Service Center. For information regarding the proper service center, contact an FMCSA division (State) office in Arizona, California, New Mexico, or Texas."], ["49:49:5.1.1.2.32.2.13.14", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.29 Location of records or documents.", "FHWA", "", "", "[63 FR 33276, June 18, 1998]", "(a) A motor carrier with multiple offices or terminals may maintain the records and documents required by this subchapter at its principal place of business, a regional office, or driver work-reporting location unless otherwise specified in this subchapter.\n\n(b) All records and documents required by this subchapter which are maintained at a regional office or driver work-reporting location shall be made available for inspection upon request by a special agent or authorized representative of the Federal Motor Carrier Safety Administration at the motor carrier's principal place of business or other location specified by the agent or representative within 48 hours after a request is made. Saturdays, Sundays, and Federal holidays are excluded from the computation of the 48-hour period of time."], ["49:49:5.1.1.2.32.2.13.15", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.31 Copies of records and documents.", "FHWA", "", "", "[83 FR 16226, Apr. 16, 2018]", "All records and documents required to be maintained under this subchapter must be maintained for the periods specified. Except as otherwise provided, copies that are legible and accurately reflect the information required to be contained in the record or document may be maintained in lieu of originals."], ["49:49:5.1.1.2.32.2.13.16", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.32 Electronic documents and signatures.", "FHWA", "", "", "[83 FR 16226, Apr. 16, 2018]", "(a)  Applicability.  This section applies to documents that entities or individuals are required to retain, regardless of whether FMCSA subsequently requires them to be produced or displayed to FMCSA staff or other parties entitled to access. This section does not apply to documents that must be submitted directly to FMCSA.\n\n(b)  Electronic records or documents.  Any person or entity required to generate, maintain, or exchange documents to satisfy requirements in chapter III of subtitle B of title 49, Code of Federal Regulations (49 CFR 300-399) may use electronic methods to satisfy those requirements.\n\n(c)  Electronic signatures.  (1) Any person or entity required to sign or certify a document to satisfy the requirements of chapter III of subtitle B of title 49, Code of Federal Regulations (49 CFR parts 300-399) may use an electronic signature, as defined in \u00a7 390.5T of this part.\n\n(2) An electronic signature may be made using any available technology that otherwise satisfies FMCSA's requirements.\n\n(d)  Requirements.  Any person or entity may use documents signed, certified, generated, maintained, or exchanged using electronic methods if the documents accurately reflect the information otherwise required to be contained in them. Records, documents or signatures generated, maintained, or exchanged using electronic methods do not satisfy the requirements of this section if they are not capable of being retained, are not used for the purpose for which they were created, or cannot be accurately reproduced within required timeframes for reference by any party entitled to access. Records or documents generated electronically do not satisfy the requirements of this section if they do not include proof of consent to use electronically generated records or documents, as required by 15 U.S.C. 7001(c)."], ["49:49:5.1.1.2.32.2.13.17", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.33 Commercial motor vehicles used for purposes other than defined.", "FHWA", "", "", "[53 FR 18052, May 19, 1988, as amended at 60 FR 38744, July 28, 1995]", "Whenever a commercial motor vehicle of one type is used to perform the functions normally performed by a commercial motor vehicle of another type, the requirements of this subchapter and part 325 of subchapter A shall apply to the commercial motor vehicle and to its operation in the same manner as though the commercial motor vehicle were actually a commercial motor vehicle of the latter type.  Example:  If a commercial motor vehicle other than a bus is used to perform the functions normally performed by a bus, the regulations pertaining to buses and to the transportation of passengers shall apply to that commercial motor vehicle."], ["49:49:5.1.1.2.32.2.13.18", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.35 Certificates, reports, and records: Falsification, reproduction, or alteration.", "FHWA", "", "", "", "No motor carrier, its agents, officers, representatives, or employees shall make or cause to make\u2014\n\n(a) A fraudulent or intentionally false statement on any application, certificate, report, or record required by part 325 of subchapter A or this subchapter;\n\n(b) A fraudulent or intentionally false entry on any application, certificate, report, or record required to be used, completed, or retained, to comply with any requirement of this subchapter or part 325 of subchapter A; or\n\n(c) A reproduction, for fraudulent purposes, of any application, certificate, report, or record required by this subchapter or part 325 of subchapter A."], ["49:49:5.1.1.2.32.2.13.19", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.36 Harassment of drivers prohibited.", "FHWA", "", "", "[80 FR 78383, Dec. 16, 2015]", "(a)  Harass or harassment defined.  As used in this section, harass or harassment means an action by a motor carrier toward a driver employed by the motor carrier (including an independent contractor while in the course of operating a commercial motor vehicle on behalf of the motor carrier) involving the use of information available to the motor carrier through an ELD, as defined in \u00a7 395.2 of this chapter, or through other technology used in combination with and not separable from the ELD, that the motor carrier knew, or should have known, would result in the driver violating \u00a7 392.3 or part 395 of this subchapter.\n\n(b)  Prohibition against harassment.  (1) No motor carrier may harass a driver.\n\n(2) Nothing in paragraph (b)(1) of this section shall be construed to prevent a motor carrier from using technology allowed under this subchapter to monitor productivity of a driver provided that such monitoring does not result in harassment.\n\n(c)  Complaint process.  A driver who believes he or she was the subject of harassment by a motor carrier may file a written complaint under \u00a7 386.12(b) of this subchapter."], ["49:49:5.1.1.2.32.2.13.2", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.11 Motor carrier to require observance of driver regulations.", "FHWA", "", "", "", "Whenever in part 325 of subchapter A or in this subchapter a duty is prescribed for a driver or a prohibition is imposed upon the driver, it shall be the duty of the motor carrier to require observance of such duty or prohibition. If the motor carrier is a driver, the driver shall likewise be bound."], ["49:49:5.1.1.2.32.2.13.20", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.37 Violation and penalty.", "FHWA", "", "", "", "Any person who violates the rules set forth in this subchapter or part 325 of subchapter A may be subject to civil or criminal penalties."], ["49:49:5.1.1.2.32.2.13.21", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.38 Exemptions for pipeline welding trucks.", "FHWA", "", "", "[81 FR 47720, July 22, 2016]", "(a)  Federal requirements.  A pipeline welding truck, as defined in paragraph (b) of this section, including the individuals operating such vehicle and the employer of such individual, is exempt from the following:\n\n(1) Any requirement relating to registration as a motor carrier, including the requirement to obtain and display a Department of Transportation number, in 49 CFR part 365 or 390.\n\n(2) Any requirement relating to driver qualifications in 49 CFR part 391.\n\n(3) Any requirement relating to driving of commercial motor vehicles in 49 CFR part 392.\n\n(4) Any requirement relating to parts and accessories and inspection, repair, and maintenance of commercial motor vehicles in 49 CFR parts 393 and 396.\n\n(5) Any requirement relating to hours of service of drivers, including maximum driving and on duty time, found in 49 CFR part 395.\n\n(b)  Definition.  \u201cPipeline welding truck\u201d means a motor vehicle that is travelling in the State in which the vehicle is registered or another State, is owned by a welder, is a pick-up style truck, is equipped with a welding rig that is used in the construction or maintenance of pipelines, and has a gross vehicle weight and combination weight rating and weight of 15,000 pounds or less."], ["49:49:5.1.1.2.32.2.13.22", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.39 Exemptions for \u201ccovered farm vehicles.\u201d", "FHWA", "", "", "[78 FR 16194, Mar. 14, 2013, as amended at 81 FR 47720, July 22, 2016]", "(a)  Federal requirements.  A covered farm vehicle, as defined in \u00a7 390.5, including the individual operating that vehicle, is exempt from the following:\n\n(1) Any requirement relating to commercial driver's licenses in 49 CFR Part 383 or controlled substances and alcohol use and testing in 49 CFR Part 382;\n\n(2) Any requirement in 49 CFR Part 391, Subpart E, Physical Qualifications and Examinations.\n\n(3) Any requirement in 49 CFR Part 395, Hours of Service of Drivers.\n\n(4) Any requirement in 49 CFR Part 396, Inspection, Repair, and Maintenance.\n\n(b)  State requirements \u2014(1)  In general.  Federal transportation funding to a State may not be terminated, limited, or otherwise interfered with as a result of the State exempting a covered farm vehicle, including the individual operating that vehicle, from\u2014\n\n(i) A requirement described in paragraph (a) of this section; or\n\n(ii) Any other minimum standard provided by a State relating to the operation of that vehicle.\n\n(2)  Exception.  Paragraph (b)(1) of this section does not apply with respect to a covered farm vehicle transporting hazardous materials that require a placard.\n\n(c)  Other exemptions and exceptions.  The exemptions in paragraphs (a) and (b) of this section are in addition to, not in place of, the agricultural exemptions and exceptions in \u00a7\u00a7 383.3(d)(1), 383.3(e), 383.3(f), 391.2(a), 391.2(b), 391.2(c), 391.67, 395.1(e)(1), 395.1(e)(2), 395.1(h), 395.1(i), and 395.1(k) of this chapter. Motor carriers and drivers may utilize any combination of these exemptions and exceptions, providing they comply fully with each separate exemption and exception."], ["49:49:5.1.1.2.32.2.13.3", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.13 Aiding or abetting violations.", "FHWA", "", "", "", "No person shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules of this chapter."], ["49:49:5.1.1.2.32.2.13.4", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.15 Assistance in investigations and special studies.", "FHWA", "", "", "[69 FR 16719, Mar. 30, 2004, as amended at 73 FR 76821, Dec. 17, 2008; 83 FR 22878, May 17, 2018; 88 FR 80184, Nov. 17, 2023]", "(a) Each motor carrier and intermodal equipment provider must do the following:\n\n(1) Make all records and information pertaining to an accident available to an authorized representative or special agent of the Federal Motor Carrier Safety Administration, an authorized State or local enforcement agency representative, or authorized third-party representative within such time as the request or investigation may specify.\n\n(2) Give an authorized representative all reasonable assistance in the investigation of any accident, including providing a full, true, and correct response to any question of the inquiry.\n\n(b) Motor carriers must maintain an accident register for 3 years after the date of each accident. Information placed in the accident register must contain at least the following:\n\n(1) A list of accidents as defined at \u00a7 390.5 of this chapter containing for each accident:\n\n(i) Date of accident.\n\n(ii) City or town, or most near, where the accident occurred and the State where the accident occurred.\n\n(iii) Driver Name.\n\n(iv) Number of injuries.\n\n(v) Number of fatalities.\n\n(vi) Whether hazardous materials, other than fuel spilled from the fuel tanks of motor vehicle involved in the accident, were released.\n\n(2) Copies of all accident reports required by State or other governmental entities or insurers."], ["49:49:5.1.1.2.32.2.13.5", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.16 [Reserved]", "FHWA", "", "", "", ""], ["49:49:5.1.1.2.32.2.13.6", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.17 Additional equipment and accessories.", "FHWA", "", "", "[53 FR 18052, May 19, 1988, as amended at 60 FR 38744, July 28, 1995. Redesignated at 65 FR 35296, June 2, 2000]", "Nothing in this subchapter shall be construed to prohibit the use of additional equipment and accessories, not inconsistent with or prohibited by this subchapter, provided such equipment and accessories do not decrease the safety of operation of the commercial motor vehicles on which they are used."], ["49:49:5.1.1.2.32.2.13.7", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.19 Motor carrier identification reports for certain Mexico-domiciled motor carriers.", "FHWA", "", "", "[80 FR 63711, Oct. 21, 2015, as amended at 88 FR 80184, Nov. 17, 2023]", "(a)  Applicability.  A Mexico-domiciled motor carrier requesting authority to provide transportation of property or passengers in interstate commerce between Mexico and points in the United States beyond the municipalities and commercial zones along the United States-Mexico international border must file Form MCS-150 with FMCSA as follows:\n\n(b)  Filing schedule.  Each motor carrier must file the appropriate form under paragraph (a) of this section at the following times:\n\n(1) Before it begins operations; and\n\n(2) Every 24 months, according to the following schedule:\n\n(3) If the next-to-last digit of its USDOT Number is odd, the motor carrier shall file its update in every odd-numbered calendar year. If the next-to-last digit of the USDOT Number is even, the motor carrier shall file its update in every even-numbered calendar year.\n\n(4) A person that fails to complete biennial updates to the information pursuant to paragraph (b)(2) of this section is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C. 14901(a), as appropriate, and deactivation of its USDOT Number.\n\n(c)  Availability of forms.  The Form MCS-150 and complete instructions are available from the FMCSA website at  https://www.fmcsa.dot.gov/urs;  from all FMCSA Service Centers and Division offices nationwide; or by calling 1-800-832-5660.\n\n(d)  Where to file.  The Form MCS-150 must be filed with the FMCSA Office of Registration and Safety Information. The form may be filed electronically according to the instructions at the Agency's website, or it may be sent to Federal Motor Carrier Safety Administration, Office of Registration and Safety Information, MC-RS 1200 New Jersey Avenue SE., Washington, DC 20590.\n\n(e)  Special instructions.  A motor carrier should submit the Form MCS-150 along with its application for operating authority (OP-1(MX)), to the appropriate address referenced on that form, or may submit it electronically or by mail separately to the address mentioned in paragraph (d) of this section.\n\n(f) Only the legal name or a single trade name of the motor carrier may be used on the Form MCS-150.\n\n(g)(1) A motor carrier that fails to file the Form MCS-150 or furnishes misleading information or makes false statements upon the form, is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B).\n\n(2) A motor carrier that fails to update the Form MCS-150 as required in paragraph (b) will have its USDOT Number deactivated and will be prohibited from conducting transportation.\n\n(h)(1) Upon receipt and processing of the form described in paragraph (a) of this section, FMCSA will issue the motor carrier or intermodal equipment provider an identification number (USDOT Number).\n\n(2) A Mexico-domiciled motor carrier seeking to provide transportation of property or passengers in interstate commerce between Mexico and points in the United States beyond the municipalities and commercial zones along the United States-Mexico international border must pass the pre-authorization safety audit under \u00a7 365.507 of this subchapter. The Agency will not issue a USDOT Number until expiration of the protest period provided in \u00a7 365.115 of this chapter or\u2014if a protest is received-after FMCSA denies or rejects the protest.\n\n(3) The motor carrier must display the USDOT Number on each self-propelled CMV, as defined in \u00a7 390.5, along with the additional information required by \u00a7 390.21."], ["49:49:5.1.1.2.32.2.13.8", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.19T Motor carrier, hazardous material safety permit applicant/holder, and intermodal equipment provider identification reports.", "FHWA", "", "", "[82 FR 5316, Jan. 17, 2017, as amended at 83 FR 22878, May 17, 2018; 88 FR 80184, Nov. 17, 2023]", "(a)  Applicability.  Each motor carrier and intermodal equipment provider must file Form MCS-150, Form MCS-150B or Form MCS-150C with FMCSA as follows:\n\n(1) A U.S.-, Canada-, Mexico-, or non-North America-domiciled motor carrier conducting operations in interstate commerce must file a Motor Carrier Identification Report, Form MCS-150.\n\n(2) A motor carrier conducting operations in intrastate commerce and requiring a Safety Permit under 49 CFR part 385, subpart E, must file the Combined Motor Carrier Identification Report and HM Permit Application, Form MCS-150B.\n\n(3) Each intermodal equipment provider that offers intermodal equipment for transportation in interstate commerce must file an Intermodal Equipment Provider Identification Report, Form MCS-150C.\n\n(b)  Filing schedule.  Each motor carrier or intermodal equipment provider must file the appropriate form under paragraph (a) of this section at the following times:\n\n(1) Before it begins operations; and\n\n(2) Every 24 months, according to the following schedule:\n\n(3) If the next-to-last digit of its USDOT Number is odd, the motor carrier or intermodal equipment provider shall file its update in every odd-numbered calendar year. If the next-to-last digit of the USDOT Number is even, the motor carrier or intermodal equipment provider shall file its update in every even-numbered calendar year.\n\n(4) A person that fails to complete biennial updates to the information pursuant to paragraph (b)(2) of this section is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C. 14901(a), as appropriate, and deactivation of its USDOT Number.\n\n(c)  Availability of forms.  The forms described under paragraph (a) of this section and complete instructions are available from the FMCSA website at  https://www.fmcsa.dot.gov  (Keyword \u201cMCS-150,\u201d or \u201cMCS-150B,\u201d or \u201cMCS-150C\u201d); from all FMCSA Service Centers and Division offices nationwide; or by calling 1-800-832-5660.\n\n(d)  Where to file.  The required form under paragraph (a) of this section must be filed with the FMCSA Office of Registration and Safety Information. The form may be filed electronically according to the instructions at the Agency's website, or it may be sent to Federal Motor Carrier Safety Administration, Office of Registration and Safety Information (MC-RS), 1200 New Jersey Avenue SE., Washington, DC 20590.\n\n(e)  Special instructions for for-hire motor carriers.  A for-hire motor carrier should submit the Form MCS-150, or Form MCS-150B, along with its application for operating authority (Form OP-1, OP-1(MX), OP-1(NNA) or OP-2), to the appropriate address referenced on that form, or may submit it electronically or by mail separately to the address mentioned in paragraph (d) of this section.\n\n(f) Only the legal name or a single trade name of the motor carrier or intermodal equipment provider may be used on the forms under paragraph (a) of this section (Form MCS-150, MCS-150B, or MCS-150C).\n\n(g) A motor carrier or intermodal equipment provider that fails to file the form required under paragraph (a) of this section, or furnishes misleading information or makes false statements upon the form, is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B).\n\n(h)(1) Upon receipt and processing of the form described in paragraph (a) of this section, FMCSA will issue the motor carrier or intermodal equipment provider an identification number (USDOT Number).\n\n(2) The following applicants must additionally pass a pre-authorization safety audit as described below before being issued a USDOT Number:\n\n(i) A Mexico-domiciled motor carrier seeking to provide transportation of property or passengers in interstate commerce between Mexico and points in the United States beyond the municipalities and commercial zones along the United States-Mexico international border must pass the pre-authorization safety audit under \u00a7 365.507T of this subchapter. The Agency will not issue a USDOT Number until expiration of the protest period provided in \u00a7 365.115 of this subchapter or\u2014if a protest is received\u2014after FMCSA denies or rejects the protest.\n\n(ii) A non-North America-domiciled motor carrier seeking to provide transportation of property or passengers in interstate commerce within the United States must pass the pre-authorization safety audit under \u00a7 385.607T(c) of this subchapter. The Agency will not issue a USDOT Number until expiration of the protest period provided in \u00a7 365.115 of this subchapter or\u2014if a protest is received\u2014after FMCSA denies or rejects the protest.\n\n(3) The motor carrier must display the number on each self-propelled CMV, as defined in \u00a7 390.5T, along with the additional information required by \u00a7 390.21T.\n\n(4) The intermodal equipment provider must identify each unit of interchanged intermodal equipment by its assigned USDOT number.\n\n(i) A motor carrier that registers its vehicles in a State that participates in the Performance and Registration Information Systems Management (PRISM) program (authorized under section 4004 of the Transportation Equity Act for the 21st Century [Public Law 105-178, 112 Stat. 107]) is exempt from the requirements of this section, provided it files all the required information with the appropriate State office."], ["49:49:5.1.1.2.32.2.13.9", 49, "Transportation", "III", "B", "390", "", "B", "Subpart B\u2014General Requirements and Information", "", "\u00a7 390.21 Marking of self-propelled CMVs and intermodal equipment.", "FHWA", "", "", "[65 FR 35296, June 2, 2000, as amended at 73 FR 76821, Dec. 17, 2008; 74 FR 68708, Dec. 29, 2009; 77 FR 59827, Oct. 1, 2012; 78 FR 58482, Sept. 24, 2013; 80 FR 30178, May 27, 2015; 80 FR 63712, Oct. 21, 2015; 84 FR 40294, Aug. 14, 2019]", "(a)  General.  Every self-propelled CMV subject to subchapter B of this chapter must be marked as specified in paragraphs (b), (c), and (d) of this section, and each unit of intermodal equipment interchanged or offered for interchange to a motor carrier by an intermodal equipment provider subject to subchapter B of this chapter must be marked as specified in paragraph (g) of this section.\n\n(b)  Nature of marking.  The marking must display the following information:\n\n(1) The legal name or a single trade name of the motor carrier operating the self-propelled CMV, as listed on the Form MCSA-1, the URS online application, or the motor carrier identification report (Form MCS-150) and submitted in accordance with \u00a7 390.201 or \u00a7 390.19, as appropriate.\n\n(2) The identification number issued by FMCSA to the motor carrier or intermodal equipment provider, preceded by the letters \u201cUSDOT.\u201d\n\n(3) If the name of any person other than the operating carrier appears on the CMV, the name of the operating carrier must be followed by the information required by paragraphs (b)(1), and (2) of this section, and be preceded by the words \u201coperated by.\u201d\n\n(4) Other identifying information may be displayed on the vehicle if it is not inconsistent with the information required by this paragraph.\n\n(c)  Size, shape, location, and color of marking.  The marking must\u2014\n\n(1) Appear on both sides of the self-propelled CMV;\n\n(2) Be in letters that contrast sharply in color with the background on which the letters are placed;\n\n(3) Be readily legible, during daylight hours, from a distance of 50 feet (15.24 meters) while the CMV is stationary; and\n\n(4) Be kept and maintained in a manner that retains the legibility required by paragraph (c)(3) of this section.\n\n(d)  Construction and durability.  The marking may be painted on the CMV or may consist of a removable device, if that device meets the identification and legibility requirements of paragraph (c) of this section, and such marking must be maintained as required by paragraph (c)(4) of this section.\n\n(e)  Rented CMVs and leased passenger-carrying CMVs.  A motor carrier operating a self-propelled CMV under a rental agreement or a passenger-carrying CMV under a lease, when the rental agreement or lease has a term not in excess of 30 calendar days, meets the requirements of this section if:\n\n(1) The CMV is marked in accordance with the provisions of paragraphs (b) through (d) of this section; or\n\n(2) Except as provided in paragraph (e)(2)(v) of this section, the CMV is marked as set forth in paragraph (e)(2)(i) through (iv) of this section:\n\n(i) The legal name or a single trade name of the lessor is displayed in accordance with paragraphs (c) and (d) of this section.\n\n(ii) The lessor's identification number preceded by the letters \u201cUSDOT\u201d is displayed in accordance with paragraphs (c) and (d) of this section; and\n\n(iii) The rental agreement or lease as applicable entered into by the lessor and the renting motor carrier or lessee conspicuously contains the following information:\n\n(A) The name and complete physical address of the principal place of business of the renting motor carrier or lessee;\n\n(B) The identification number issued to the renting motor carrier or lessee by FMCSA, preceded by the letters \u201cUSDOT,\u201d if the motor carrier has been issued such a number. In lieu of the identification number required in this paragraph, the following information may be shown in a rental agreement:\n\n( 1 ) Whether the motor carrier is engaged in \u201cinterstate\u201d or \u201cintrastate\u201d commerce; and\n\n( 2 ) Whether the renting motor carrier is transporting hazardous materials in the rented CMV;\n\n(C) The sentence: \u201cThis lessor cooperates with all Federal, State, and local law enforcement officials nationwide to provide the identity of customers who operate this rental CMV\u201d; and\n\n(iv) The rental agreement or lease as applicable entered into by the lessor and the renting motor carrier or lessee is carried on the rental CMV or leased passenger-carrying CMV during the full term of the rental agreement or lease. See the property-carrying leasing regulations at 49 CFR part 376 and the passenger-carrying leasing regulations at subpart G of this part for information that should be included in all leasing documents.\n\n(v)  Exception.  (A) The passenger-carrying CMV operating under the 48-hour emergency exception pursuant to \u00a7 390.403(a)(2) of this part does not need to comply with paragraphs (e)(2)(iii) and (iv) of this section, provided the lessor and lessee comply with the requirements of \u00a7 390.403(a)(2).\n\n(B) A motor carrier operating a self-propelled CMV under a lease subject to subpart G of this part (\u00a7\u00a7 390.401 and 390.403) must begin complying with this paragraph (e) on January 1, 2021.\n\n(f)  Driveaway services.  In driveaway services, a removable device may be affixed on both sides or at the rear of a single driven vehicle. In a combination driveaway operation, the device may be affixed on both sides of any one unit or at the rear of the last unit. The removable device must display the legal name or a single trade name of the motor carrier and the motor carrier's USDOT number.\n\n(g)  Intermodal equipment.  (1) The requirements for marking intermodal equipment apply to each intermodal equipment provider, as defined in \u00a7 390.5, that interchanges or offers for interchange intermodal equipment to a motor carrier.\n\n(2) Each unit of intermodal equipment interchanged or offered for interchange to a motor carrier by an intermodal equipment provider subject to subchapter B of this chapter must identify the intermodal equipment provider.\n\n(3) The intermodal equipment provider must be identified by its legal name or a single trade name and the identification number issued by FMCSA, preceded by the letters \u201cUSDOT.\u201d\n\n(4) The intermodal equipment must be identified as follows, using any one of the following methods:\n\n(i) The identification marking must appear on the curb side of the item of equipment. It must be in letters that contrast sharply in color with the background on which the letters are placed. The letters must be readily legible, during daylight hours, from a distance of 50 feet (15.24 meters) while the CMV is stationary; and be kept and maintained in a manner that retains this legibility; or\n\n(ii) The identification marking must appear on a label placed upon the curb side of the item of equipment. The label must be readily visible and legible to an inspection official during daylight hours when the vehicle is stationary. The label must be a color that contrasts sharply with the background on which it is placed, and the letters must also contrast sharply in color with the background of the label. The label must be kept and maintained in a manner that retains this legibility; or\n\n(iii) The USDOT number of the intermodal equipment provider must appear on the interchange agreement so that it is clearly identifiable to an inspection official. The interchange agreement must include additional information to identify the specific item of intermodal equipment (such as the Vehicle Identification Number (VIN) and 4-character Standard Carrier Alpha Code (SCAC) code and 6-digit unique identifying number); or\n\n(iv) The identification marking must be shown on a document placed in a weathertight compartment affixed to the frame of the item of intermodal equipment. The color of the letters used in the document must contrast sharply in color with the background of the document. The document must include additional information to identify the specific item of intermodal equipment (such as the VIN and 4-character SCAC code and 6-digit unique identifying number).\n\n(v) The USDOT number of the intermodal equipment provider is maintained in a database that is available via real-time internet and telephonic access. The database must:\n\n(A) Identify the name and USDOT number of the intermodal equipment provider responsible for the intermodal equipment, in response to an inquiry that includes:\n\n( i ) SCAC plus trailing digits, or\n\n( ii ) License plate number and State of license, or\n\n( iii ) VIN of the item of intermodal equipment.\n\n(B) Offer read-only access for inquiries on individual items of intermodal equipment, without requiring advance user registration, a password, or a usage fee."], ["49:49:5.1.1.2.32.3.13.1", 49, "Transportation", "III", "B", "390", "", "C", "Subpart C\u2014Requirements and Information for Intermodal Equipment Providers and for Motor Carriers Operating Intermodal Equipment", "", "\u00a7 390.40 Intermodal equipment providers.", "FHWA", "", "", "[73 FR 76822, Dec. 17, 2008, as amended at 74 FR 68708, Dec. 29, 2009; 78 FR 58483, Sept. 24, 2013; 79 FR 59457, Oct. 2, 2014; 80 FR 63712, Oct. 21, 2015]", "An intermodal equipment provider must\u2014\n\n(a) Identify its operations to the FMCSA by filing the Form MCSA-1 required by \u00a7 390.201.\n\n(b) Mark its intermodal equipment with the USDOT number as required by \u00a7 390.21 before tendering the equipment to a motor carrier.\n\n(c) Systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, in a manner consistent with \u00a7 396.3(a)(1), as applicable, all intermodal equipment intended for interchange with a motor carrier.\n\n(d) Provide intermodal equipment intended for interchange that is in safe and proper operating condition.\n\n(e) Maintain a system of driver vehicle inspection reports submitted to the intermodal equipment provider as required by \u00a7 396.11 of this chapter.\n\n(f) Maintain a system of inspection, repair, and maintenance records as required by \u00a7 396.3(b)(3) of this chapter for equipment intended for interchange with a motor carrier.\n\n(g) Periodically inspect equipment intended for interchange, as required under \u00a7 396.17 of this chapter.\n\n(h) At facilities at which the intermodal equipment provider makes intermodal equipment available for interchange, have procedures in place, and provide sufficient space, for drivers to perform a pre-trip inspection of tendered intermodal equipment.\n\n(i) At facilities at which the intermodal equipment provider makes intermodal equipment available for interchange, develop and implement procedures to repair any equipment damage, defects, or deficiencies identified as part of a pre-trip inspection, or replace the equipment, prior to the driver's departure. The repairs or replacement must be made after being notified by a driver of such damage, defects, or deficiencies.\n\n(j) Refrain from placing intermodal equipment in service on the public highways if that equipment has been found to pose an imminent hazard, as defined in \u00a7 386.72(b)(3) of this chapter."], ["49:49:5.1.1.2.32.3.13.2", 49, "Transportation", "III", "B", "390", "", "C", "Subpart C\u2014Requirements and Information for Intermodal Equipment Providers and for Motor Carriers Operating Intermodal Equipment", "", "\u00a7 390.40T Intermodal equipment providers.", "FHWA", "", "", "[82 FR 5318, Jan. 17, 2017]", "An intermodal equipment provider must\u2014\n\n(a) Identify its operations to the FMCSA by filing the Form MCS-150C required by \u00a7 390.19T.\n\n(b) Mark its intermodal equipment with the USDOT number as required by \u00a7 390.21T before tendering the equipment to a motor carrier.\n\n(c) Systematically inspect, repair, and maintain, or cause to be systematically inspected, repaired, and maintained, in a manner consistent with \u00a7 396.3(a)(1) of this chapter, as applicable, all intermodal equipment intended for interchange with a motor carrier.\n\n(d) Provide intermodal equipment intended for interchange that is in safe and proper operating condition.\n\n(e) Maintain a system of driver vehicle inspection reports submitted to the intermodal equipment provider as required by \u00a7 396.11 of this chapter.\n\n(f) Maintain a system of inspection, repair, and maintenance records as required by \u00a7 396.3(b)(3) of this chapter for equipment intended for interchange with a motor carrier.\n\n(g) Periodically inspect equipment intended for interchange, as required under \u00a7 396.17 of this chapter.\n\n(h) At facilities at which the intermodal equipment provider makes intermodal equipment available for interchange, have procedures in place, and provide sufficient space, for drivers to perform a pre-trip inspection of tendered intermodal equipment.\n\n(i) At facilities at which the intermodal equipment provider makes intermodal equipment available for interchange, develop and implement procedures to repair any equipment damage, defects, or deficiencies identified as part of a pre-trip inspection, or replace the equipment, prior to the driver's departure. The repairs or replacement must be made after being notified by a driver of such damage, defects, or deficiencies.\n\n(j) Refrain from placing intermodal equipment in service on the public highways if that equipment has been found to pose an imminent hazard, as defined in \u00a7 386.72(b)(3) of this chapter."], ["49:49:5.1.1.2.32.3.13.3", 49, "Transportation", "III", "B", "390", "", "C", "Subpart C\u2014Requirements and Information for Intermodal Equipment Providers and for Motor Carriers Operating Intermodal Equipment", "", "\u00a7 390.42 Drivers and motor carriers operating intermodal equipment.", "FHWA", "", "", "[73 FR 76822, Dec. 17, 2008, as amended at 77 FR 34852, June 12, 2012; 77 FR 59828, Oct. 1, 2012; 80 FR 59074, Oct. 1, 2015]", "(a) Before operating intermodal equipment over the road, the driver accepting the equipment must inspect the equipment components listed in \u00a7 392.7(b) of this subchapter and be satisfied they are in good working order.\n\n(b) A driver or motor carrier transporting intermodal equipment must report to the intermodal equipment provider, or its designated agent, any known damage, defects, or deficiencies in the intermodal equipment at the time the equipment is returned to the provider or the provider's designated agent. The report must include, at a minimum, the items in \u00a7 396.11(b)(1) of this chapter."], ["49:49:5.1.1.2.32.3.13.4", 49, "Transportation", "III", "B", "390", "", "C", "Subpart C\u2014Requirements and Information for Intermodal Equipment Providers and for Motor Carriers Operating Intermodal Equipment", "", "\u00a7 390.44 Correcting the safety record of a motor carrier or an intermodal equipment provider.", "FHWA", "", "", "", "(a)  An intermodal equipment provider or its agent  may electronically file questions or concerns at  http://dataqs.fmcsa.dot.gov  about Federal and State data that reference the provider. This includes safety violations alleging that the components, parts, or accessories of intermodal chassis or trailers listed in \u00a7 392.7(b) of this chapter were not in good working order when inspected at roadside. An intermodal equipment provider should not be held responsible for such violations because a motor carrier indicated pursuant to \u00a7 392.7(b) that these components, parts, or accessories had no safety defects at the time of the pre-trip inspection.\n\n(b)  A motor carrier or its agent  may electronically file questions or concerns at  http://dataqs.fmcsa.dot.gov  about Federal and State data that reference the motor carrier. This includes safety violations alleging that any components, parts, or accessories of intermodal chassis or trailers, except those listed in \u00a7 392.7(b) of this chapter, were not in good working order when inspected at roadside. Such violations will not be used by FMCSA in making a safety fitness determination of a motor carrier (unless there is evidence that the driver or motor carrier caused or substantially contributed to the violations) because the driver could not readily detect these violations during a pre-trip inspection performed in accordance with \u00a7 392.7(b).\n\n(c)  An intermodal equipment provider, or its agent , may request FMCSA to investigate a motor carrier believed to be in noncompliance with responsibilities under 49 U.S.C. 31151 or the implementing regulations in this subchapter regarding interchange of intermodal equipment by contacting the appropriate FMCSA Field Office.\n\n(d)  A motor carrier or its agent  may request FMCSA to investigate an intermodal equipment provider believed to be in noncompliance with responsibilities under 49 U.S.C. 31151 or the implementing regulations in this subchapter regarding interchange of intermodal equipment by contacting the appropriate FMCSA Field Office."], ["49:49:5.1.1.2.32.3.13.5", 49, "Transportation", "III", "B", "390", "", "C", "Subpart C\u2014Requirements and Information for Intermodal Equipment Providers and for Motor Carriers Operating Intermodal Equipment", "", "\u00a7 390.46 Preemption of State and local laws and regulations on the inspection, repair, and maintenance of intermodal equipment.", "FHWA", "", "", "", "(a)  General.  As provided by 49 U.S.C. 31151(d), a law, regulation, order, or other requirement of a State, a political subdivision of a State, or a tribal organization relating to the inspection, repair, and maintenance of intermodal equipment is preempted if such law, regulation, order, or other requirement exceeds or is inconsistent with a requirement imposed by the Federal Motor Carrier Safety Regulations.\n\n(b)  Pre-existing State requirements \u2014(1)  In general.  Pursuant to 49 U.S.C. 31151(e)(1), unless otherwise provided in paragraph (b)(2) of this section, a State requirement for the periodic inspection of intermodal chassis by intermodal equipment providers that was in effect on January 1, 2005, shall remain in effect only until June 17, 2009.\n\n(2)  Nonpreemption determinations \u2014(i)  In general.  Pursuant to 49 U.S.C. 31151(e)(2), and notwithstanding paragraph (a) of this section, a State requirement described in paragraph (b)(1) of this section is not preempted if the Administrator determines that the State requirement is as effective as the FMCSA final rule and does not unduly burden interstate commerce.\n\n(ii)  Application required.  Paragraph (b)(2)(i) of this section applies to a State requirement only if the State applies to the Administrator for a determination with respect to the requirement before the effective date of the final rule (June 17, 2009). The Administrator will make a determination with respect to any such application within 6 months after the date on which the Administrator receives the application.\n\n(iii)  Amended State requirements.  If a State amends a regulation for which it previously received a nonpreemption determination from the Administrator under paragraph (b)(2)(i) of this section, it must apply for a determination of nonpreemption for the amended regulation. Any amendment to a State requirement not preempted under this subsection because of a determination by the Administrator may not take effect unless it is submitted to the Agency before the effective date of the amendment, and the Administrator determines that the amendment would not cause the State requirement to be less effective than the FMCSA final rule on \u201cRequirements for Intermodal Equipment Providers and Motor Carriers and Drivers Operating Intermodal Equipment\u201d and would not unduly burden interstate commerce."], ["49:49:5.1.1.2.32.4.13.1", 49, "Transportation", "III", "B", "390", "", "D", "Subpart D\u2014National Registry of Certified Medical Examiners", "", "\u00a7 390.101 Scope.", "FHWA", "", "", "[83 FR 26860, June 11, 2018]", "(a) The rules in this subpart establish the minimum qualifications for FMCSA certification of a medical examiner and for listing the examiner on FMCSA's National Registry of Certified Medical Examiners. The National Registry of Certified Medical Examiners is designed to improve highway safety and operator health by requiring that medical examiners be trained and certified to determine effectively whether an operator meets FMCSA physical qualification standards under part 391 of this chapter. One component of the National Registry is the registry itself, which is a national database of names and contact information for medical examiners who are certified by FMCSA to perform medical examinations of operators.\n\n(b) A qualified VA examiner, as defined in either \u00a7 390.5 or \u00a7 390.5T, may be listed on the National Registry of Certified Medical Examiners by satisfying the requirements for medical examiner certification set forth in either \u00a7 390.103 or \u00a7 390.123."], ["49:49:5.1.1.2.32.4.13.2", 49, "Transportation", "III", "B", "390", "", "D", "Subpart D\u2014National Registry of Certified Medical Examiners", "", "\u00a7 390.103 Eligibility requirements for medical examiner certification.", "FHWA", "", "", "[77 FR 24127, Apr. 20, 2012, as amended at 83 FR 26860, June 11, 2018]", "(a) To receive medical examiner certification from FMCSA, a person must:\n\n(1) Be licensed, certified, or registered in accordance with applicable State laws and regulations to perform physical examinations. The applicant must be an advanced practice nurse, doctor of chiropractic, doctor of medicine, doctor of osteopathy, physician assistant, or other medical professional authorized by applicable State laws and regulations to perform physical examinations.\n\n(2) Register on the National Registry website and receive a National Registry number before taking the training that meets the requirements of \u00a7 390.105.\n\n(3) Complete a training program that meets the requirements of \u00a7 390.105.\n\n(4) Pass the medical examiner certification test provided by FMCSA and administered by a testing organization that meets the requirements of \u00a7 390.107 and that has electronically forwarded to FMCSA the applicant's completed test information no more than 3 years after completion of the training program required by paragraph (a)(3) of this section.\n\n(b) If a person has medical examiner certification from FMCSA, then to renew such certification the medical examiner must remain qualified under paragraph (a)(1) of this section and complete additional testing and training as required by \u00a7 390.111(a)(5)."], ["49:49:5.1.1.2.32.4.13.3", 49, "Transportation", "III", "B", "390", "", "D", "Subpart D\u2014National Registry of Certified Medical Examiners", "", "\u00a7 390.105 Medical examiner training programs.", "FHWA", "", "", "", "An applicant for medical examiner certification must complete a training program that:\n\n(a) Is conducted by a training provider that:\n\n(1) Is accredited by a nationally recognized medical profession accrediting organization to provide continuing education units; and\n\n(2) Meets the following administrative requirements:\n\n(i) Provides training participants with proof of participation.\n\n(ii) Provides FMCSA point of contact information to training participants.\n\n(b) Provides training to medical examiners on the following topics:\n\n(1) Background, rationale, mission, and goals of the FMCSA medical examiner's role in reducing crashes, injuries, and fatalities involving commercial motor vehicles.\n\n(2) Familiarization with the responsibilities and work environment of commercial motor vehicle operation.\n\n(3) Identification of the operator and obtaining, reviewing, and documenting operator medical history, including prescription and over-the-counter medications.\n\n(4) Performing, reviewing, and documenting the operator's medical examination.\n\n(5) Performing, obtaining, and documenting additional diagnostic tests or medical opinion from a medical specialist or treating physician.\n\n(6) Informing and educating the operator about medications and non-disqualifying medical conditions that require remedial care.\n\n(7) Determining operator certification outcome and period for which certification should be valid.\n\n(8) FMCSA reporting and documentation requirements.\n\nGuidance on the core curriculum specifications for use by training providers is available from FMCSA."], ["49:49:5.1.1.2.32.4.13.4", 49, "Transportation", "III", "B", "390", "", "D", "Subpart D\u2014National Registry of Certified Medical Examiners", "", "\u00a7 390.107 Medical examiner certification testing.", "FHWA", "", "", "[77 FR 24127, Apr. 20, 2012, as amended at 78 FR 58483, Sept. 24, 2013]", "An applicant for medical examiner certification or recertification must apply, in accordance with the minimum specifications for application elements established by FMCSA, to a testing organization that meets the following criteria:\n\n(a) The testing organization has documented policies and procedures that:\n\n(1) Use secure protocols to access, process, store, and transmit all test items, test forms, test data, and candidate information and ensure access by authorized personnel only.\n\n(2) Ensure testing environments are reasonably comfortable and have minimal distractions.\n\n(3) Prevent to the greatest extent practicable the opportunity for a test taker to attain a passing score by fraudulent means.\n\n(4) Ensure that test center staff who interact with and proctor examinees or provide technical support have completed formal training, demonstrate competency, and are monitored periodically for quality assurance in testing procedures.\n\n(5) Accommodate testing of individuals with disabilities or impairments to minimize the effect of the disabilities or impairments while maintaining the security of the test and data.\n\n(b) Testing organizations that offer testing of examinees not at locations that are operated and staffed by the organizations but by means of remote, computer-based systems must, in addition to the requirements of paragraph (a) of this section, ensure that such systems:\n\n(1) Provide a means to authenticate the identity of the person taking the test.\n\n(2) Provide a means for the testing organization to monitor the activity of the person taking the test.\n\n(3) Do not allow the person taking the test to reproduce or record the contents of the test by any means.\n\n(c) The testing organization has submitted its documented policies and procedures as defined in paragraph (a) of this section and, if applicable, paragraph (b) of this section to FMCSA and agreed to future reviews by FMCSA to ensure compliance with the criteria listed in this section.\n\n(d) The testing organization administers only the currently authorized version of the medical examiner certification test developed and furnished by FMCSA."], ["49:49:5.1.1.2.32.4.13.5", 49, "Transportation", "III", "B", "390", "", "D", "Subpart D\u2014National Registry of Certified Medical Examiners", "", "\u00a7 390.109 Issuance of the FMCSA medical examiner certification credential.", "FHWA", "", "", "[77 FR 24127, Apr. 20, 2012, as amended at 83 FR 26860, June 11, 2018]", "Upon compliance with the requirements of \u00a7 390.103(a) or (b), FMCSA will issue to a medical examiner applicant an FMCSA medical examiner certification credential and will add the medical examiner's name to the National Registry of Certified Medical Examiners. The certification credential will expire 10 years after the date of its issuance."], ["49:49:5.1.1.2.32.4.13.6", 49, "Transportation", "III", "B", "390", "", "D", "Subpart D\u2014National Registry of Certified Medical Examiners", "", "\u00a7 390.111 Requirements for continued listing on the National Registry of Certified Medical Examiners.", "FHWA", "", "", "[77 FR 24127, Apr. 20, 2012, as amended at 83 FR 26860, June 11, 2018]", "(a) To continue to be listed on the National Registry of Certified Medical Examiners, each medical examiner must:\n\n(1) Continue to meet the requirements of \u00a7\u00a7 390.103 through 390.115 and the applicable requirements of part 391 of this chapter.\n\n(2) Report to FMCSA any changes in the registration information submitted under \u00a7 390.103(a)(2) within 30 days of the change.\n\n(3) Continue to be licensed, certified, or registered, and authorized to perform physical examinations, in accordance with the applicable laws and regulations of each State in which the medical examiner performs examinations.\n\n(4) Maintain documentation of State licensure, registration, or certification to perform physical examinations for each State in which the examiner performs examinations and maintain documentation of and completion of all training required by this section and \u00a7 390.105. The medical examiner must make this documentation available to an authorized representative of FMCSA or an authorized representative of Federal, State, or local government. The medical examiner must provide this documentation within 48 hours of the request for investigations and within 10 days of the request for regular audits of eligibility.\n\n(5) Maintain medical examiner certification by completing training and testing according to the following schedule:\n\n(i) No sooner than 4 years and no later than 5 years after the date of issuance of the medical examiner certification credential, complete periodic training as specified by FMCSA.\n\n(ii) No sooner than 9 years and no later than 10 years after the date of issuance of the medical examiner certification credential:\n\n(A) Complete periodic training as specified by FMCSA; and\n\n(B) Pass the test required by \u00a7 390.103(a)(4).\n\n(b) FMCSA will issue a new medical examiner certification credential valid for 10 years to a medical examiner who complies with paragraphs (a)(1) through (4) of this section and who successfully completes the training and testing as required by paragraphs (a)(5)(i) and (ii) of this section."], ["49:49:5.1.1.2.32.4.13.7", 49, "Transportation", "III", "B", "390", "", "D", "Subpart D\u2014National Registry of Certified Medical Examiners", "", "\u00a7 390.113 Reasons for removal from the National Registry of Certified Medical Examiners.", "FHWA", "", "", "[77 FR 24127, Apr. 20, 2012, as amended at 83 FR 26860, June 11, 2018]", "FMCSA may remove a medical examiner from the National Registry of Certified Medical Examiners when a medical examiner fails to meet or maintain the qualifications established by \u00a7\u00a7 390.103 through 390.115, the requirements of other regulations applicable to the medical examiner, or otherwise does not meet the requirements of 49 U.S.C. 31149. The reasons for removal may include, but are not limited to:\n\n(a) The medical examiner fails to comply with the requirements for continued listing on the National Registry of Certified Medical Examiners, as described in \u00a7 390.111.\n\n(b) FMCSA finds that there are errors, omissions, or other indications of improper certification by the medical examiner of an operator in either the completed Medical Examination Reports or the medical examiner's certificates.\n\n(c) The FMCSA determines the medical examiner issued a medical examiner's certificate to an operator of a commercial motor vehicle who failed to meet the applicable standards at the time of the examination.\n\n(d) The medical examiner fails to comply with the examination requirements in \u00a7 391.43 of this chapter.\n\n(e) The medical examiner falsely claims to have completed training in physical and medical examination standards as required by \u00a7\u00a7 390.103 through 390.115."], ["49:49:5.1.1.2.32.4.13.8", 49, "Transportation", "III", "B", "390", "", "D", "Subpart D\u2014National Registry of Certified Medical Examiners", "", "\u00a7 390.115 Procedure for removal from the National Registry of Certified Medical Examiners.", "FHWA", "", "", "[77 FR 24127, Apr. 20, 2012, as amended at 80 FR 59074, Oct. 1, 2015; 83 FR 22878, May 17, 2018; 83 FR 26860, June 11, 2018; 86 FR 57074, Oct. 14, 2021]", "(a)  Voluntary removal.  To be voluntarily removed from the National Registry of Certified Medical Examiners, a medical examiner must submit a request to FMCSA, ATTN: Removal from National Registry of Certified Medical Examiners, 1200 New Jersey Ave. SE, Washington, DC 20590. On and after the date of issuance of a notice of proposed removal from the National Registry of Certified Medical Examiners, as described in paragraph (b) of this section, however, FMCSA will not approve the medical examiner's request for voluntary removal from the National Registry of Certified Medical Examiners.\n\n(b)  Notice of proposed removal.  Except as provided by paragraphs (a) and (e) of this section, FMCSA initiates the process for removal of a medical examiner from the National Registry of Certified Medical Examiners by issuing a written notice of proposed removal to the medical examiner, stating the reasons that removal is proposed under \u00a7 390.113 and any corrective actions necessary for the medical examiner to remain listed on the National Registry of Certified Medical Examiners.\n\n(c)  Response to notice of proposed removal and corrective action.  A medical examiner who has received a notice of proposed removal from the National Registry of Certified Medical Examiners must submit any written response to FMCSA no later than 30 days after the date of issuance of the notice of proposed removal. The response must indicate either that the medical examiner believes FMCSA has relied on erroneous reasons, in whole or in part, in proposing removal from the National Registry of Certified Medical Examiners, as described in paragraph (c)(1) of this section, or that the medical examiner will comply and take any corrective action specified in the notice of proposed removal, as described in paragraph (c)(2) of this section.\n\n(1)  Opposing a notice of proposed removal.  If the medical examiner believes FMCSA has relied on an erroneous reason, in whole or in part, in proposing removal from the National Registry of Certified Medical Examiners, the medical examiner must explain the basis for his or her belief that FMCSA relied on an erroneous reason in proposing the removal. FMCSA will review the explanation.\n\n(i) If FMCSA finds it has wholly relied on an erroneous reason for proposing removal from the National Registry of Certified Medical Examiners, FMCSA will withdraw the notice of proposed removal and notify the medical examiner in writing of the determination. If FMCSA finds it has partly relied on an erroneous reason for proposing removal from the National Registry of Certified Medical Examiners, FMCSA will modify the notice of proposed removal and notify the medical examiner in writing of the determination. No later than 60 days after the date FMCSA modifies a notice of proposed removal, the medical examiner must comply with \u00a7\u00a7 390.103 through 390.115 and correct any deficiencies identified in the modified notice of proposed removal as described in paragraph (c)(2) of this section.\n\n(ii) If FMCSA finds it has not relied on an erroneous reason in proposing removal, FMCSA will affirm the notice of proposed removal and notify the medical examiner in writing of the determination. No later than 60 days after the date FMCSA affirms the notice of proposed removal, the medical examiner must comply with \u00a7\u00a7 390.103 through 390.115 and correct the deficiencies identified in the notice of proposed removal as described in paragraph (c)(2) of this section.\n\n(iii) If the medical examiner does not submit a written response within 30 days of the date of issuance of a notice of proposed removal, the removal becomes effective and the medical examiner is immediately removed from the National Registry of Certified Medical Examiners.\n\n(2)  Compliance and corrective action.  (i) The medical examiner must comply with \u00a7\u00a7 390.103 through 390.115 and complete the corrective actions specified in the notice of proposed removal no later than 60 days after either the date of issuance of the notice of proposed removal or the date FMCSA affirms or modifies the notice of proposed removal, whichever is later. The medical examiner must provide documentation of compliance and completion of the corrective actions to FMCSA. FMCSA may conduct any investigations and request any documentation necessary to verify that the medical examiner has complied with \u00a7\u00a7 390.103 through 390.115 and completed the required corrective action(s). FMCSA will notify the medical examiner in writing whether he or she has met the requirements to continue to be listed on the National Registry of Certified Medical Examiners.\n\n(ii) If the medical examiner fails to complete the proposed corrective action(s) within the 60-day period, the removal becomes effective and the medical examiner is immediately removed from the National Registry of Certified Medical Examiners. FMCSA will notify the person in writing that he or she has been removed from the National Registry of Certified Medical Examiners.\n\n(3) At any time before a notice of proposed removal from the National Registry of Certified Medical Examiners becomes final, the recipient of the notice of proposed removal and FMCSA may resolve the matter by mutual agreement.\n\n(d)  Request for administrative review.  If a person has been removed from the National Registry of Certified Medical Examiners under paragraph (c)(1)(iii), (c)(2)(ii), or (e) of this section, that person may request an administrative review no later than 30 days after the date the removal becomes effective. The request must be submitted in writing to FMCSA, ATTN: National Registry of Certified Medical Examiners\u2014Request for Administrative Review, 1200 New Jersey Ave. SE, Washington, DC 20590. The request must explain the error(s) committed in removing the medical examiner from the National Registry of Certified Medical Examiners, and include a list of all factual, legal, and procedural issues in dispute, and any supporting information or documents.\n\n(1)  Additional procedures for administrative review.  FMCSA may ask the person to submit additional data or attend a conference to discuss the removal. If the person does not provide the information requested, or does not attend the scheduled conference, FMCSA may dismiss the request for administrative review.\n\n(2)  Decision on administrative review.  FMCSA will complete the administrative review and notify the person in writing of the decision. The decision constitutes final Agency action. If FMCSA decides the removal was not valid, FMCSA will reinstate the person and reissue a certification credential to expire on the expiration date of the certificate that was invalidated under paragraph (g) of this section. The reinstated medical examiner must:\n\n(i) Continue to meet the requirements of \u00a7\u00a7 390.103 through 390.115 and the applicable requirements of part 391 of this chapter.\n\n(ii) Report to FMCSA any changes in the registration information submitted under \u00a7 390.103(a)(2) within 30 days of the reinstatement.\n\n(iii) Be licensed, certified, or registered in accordance with applicable State laws and regulations to perform physical examinations.\n\n(iv) Maintain documentation of State licensure, registration, or certification to perform physical examinations for each State in which the examiner performs examinations and maintains documentation of completion of all training required by \u00a7\u00a7 390.105 and 390.111 of this part. The medical examiner must also make this documentation available to an authorized representative of FMCSA or an authorized representative of Federal, State, or local government. The medical examiner must provide this documentation within 48 hours of the request for investigations and within 10 days of the request for regular audits of eligibility.\n\n(v) Complete periodic training as required by FMCSA.\n\n(e)  Emergency removal.  In cases of either willfulness or in which public health, interest, or safety requires, the provisions of paragraph (b) of this section are not applicable and FMCSA may immediately remove a medical examiner from the National Registry of Certified Medical Examiners and invalidate the certification credential issued under \u00a7 390.109. A person who has been removed under the provisions of this paragraph may request an administrative review of that decision as described under paragraph (d) of this section.\n\n(f)  Reinstatement on the National Registry of Certified Medical Examiners.  No sooner than 30 days after the date of removal from the National Registry of Certified Medical Examiners, a person who has been voluntarily or involuntarily removed may apply to FMCSA to be reinstated. The person must:\n\n(1) Continue to meet the requirements of \u00a7\u00a7 390.103 through 390.115 and the applicable requirements of part 391 of this chapter.\n\n(2) Report to FMCSA any changes in the registration information submitted under \u00a7 390.103(a)(2).\n\n(3) Be licensed, certified, or registered in accordance with applicable State laws and regulations to perform physical examinations.\n\n(4) Maintain documentation of State licensure, registration, or certification to perform physical examinations for each State in which the person performs examinations and maintains documentation of completion of all training required by \u00a7\u00a7 390.105 and 390.111. The medical examiner must also make this documentation available to an authorized representative of FMCSA or an authorized representative of Federal, State, or local government. The person must provide this documentation within 48 hours of the request for investigations and within 10 days of the request for regular audits of eligibility.\n\n(5) Complete training and testing as required by FMCSA.\n\n(6) In the case of a person who has been involuntarily removed, provide documentation showing completion of any corrective actions required in the notice of proposed removal.\n\n(g)  Effect of final decision by FMCSA.  If a person is removed from the National Registry of Certified Medical Examiners under paragraph (c) or (e) of this section, the certification credential issued under \u00a7 390.109 is no longer valid. However, the removed person's information remains publicly available for 3 years, with an indication that the person is no longer listed on the National Registry of Certified Medical Examiners as of the date of removal."], ["49:49:5.1.1.2.32.4.14.10", 49, "Transportation", "III", "B", "390", "", "D", "Subpart D\u2014National Registry of Certified Medical Examiners", "", "\u00a7 390.125 Qualified VA examiner certification training.", "FHWA", "", "", "[89 FR 90622, Nov. 18, 2024]", "A qualified VA examiner applying for certification under \u00a7\u00a7 390.123 through 390.135 must complete training developed and provided by FMCSA through the National Registry of Certified Medical Examiners system."], ["49:49:5.1.1.2.32.4.14.11", 49, "Transportation", "III", "B", "390", "", "D", "Subpart D\u2014National Registry of Certified Medical Examiners", "", "\u00a7 390.127 Qualified VA examiner certification testing.", "FHWA", "", "", "[89 FR 90622, Nov. 18, 2024]", "To receive medical examiner certification from FMCSA under \u00a7\u00a7 390.123 through 390.135, a qualified VA examiner must pass the medical examiner certification test developed and provided by FMCSA through the National Registry of Certified Medical Examiners system."], ["49:49:5.1.1.2.32.4.14.12", 49, "Transportation", "III", "B", "390", "", "D", "Subpart D\u2014National Registry of Certified Medical Examiners", "", "\u00a7 390.129 Issuance of the FMCSA medical examiner certification credential.", "FHWA", "", "", "", "Upon compliance with the requirements of \u00a7 390.123(a) or (b), FMCSA will issue to a qualified VA examiner or certified VA medical examiner, as applicable, an FMCSA medical examiner certification credential and will add the certified VA medical examiner's name to the National Registry of Certified Medical Examiners. The certification credential will expire 10 years after the date of its issuance."], ["49:49:5.1.1.2.32.4.14.13", 49, "Transportation", "III", "B", "390", "", "D", "Subpart D\u2014National Registry of Certified Medical Examiners", "", "\u00a7 390.131 Requirements for continued listing of a certified VA medical examiner on the National Registry of Certified Medical Examiners.", "FHWA", "", "", "", "(a) To continue to be listed on the National Registry of Certified Medical Examiners, each certified VA medical examiner must:\n\n(1) Continue to meet the requirements of \u00a7\u00a7 390.123 through 390.135 and the applicable requirements of part 391 of this chapter.\n\n(2) Report to FMCSA any changes in the registration information submitted under \u00a7 390.123(a)(3) within 30 days of the change.\n\n(3) Continue to be licensed, certified, or registered, and authorized to perform physical examinations, in accordance with the laws and regulations of a State.\n\n(4) Maintain documentation of licensure, registration, or certification in a State to perform physical examinations and maintain documentation of and completion of all training required by this section and \u00a7 390.125. The certified VA medical examiner must make this documentation available to an authorized representative of FMCSA or an authorized representative of Federal, State, or local government. The certified VA medical examiner must provide this documentation within 48 hours of the request for investigations and within 10 days of the request for regular audits of eligibility.\n\n(5) Maintain medical examiner certification by completing training and testing according to the following schedule:\n\n(i) No sooner than 4 years and no later than 5 years after the date of issuance of the medical examiner certification credential, complete periodic training as specified by FMCSA.\n\n(ii) No sooner than 9 years and no later than 10 years after the date of issuance of the medical examiner certification credential:\n\n(A) Complete periodic training as specified by FMCSA; and\n\n(B) Pass the test required by \u00a7 390.123(a)(5).\n\n(b) FMCSA will issue a new medical examiner certification credential valid for 10 years to a certified VA medical examiner who complies with paragraphs (a)(1) through (4) of this section and who successfully completes the training and testing as required by paragraphs (a)(5)(i) and (ii) of this section.\n\n(c) A certified VA medical examiner must report to FMCSA within 30 days that he or she is no longer employed in the Department of Veterans Affairs. Any certified VA medical examiner who is no longer employed in the Department of Veterans Affairs, but would like to remain listed on the National Registry, must, within 30 days of leaving employment in the Department of Veterans Affairs, meet the requirements of \u00a7 390.111. In particular, he or she must be licensed, certified, or registered, and authorized to perform physical examinations, in accordance with the applicable laws and regulations of each State in which the medical examiner performs examinations. The previously certified VA medical examiner's medical license(s) must be verified and accepted by FMCSA prior to conducting any physical examination of a commercial motor vehicle operator or issuing any medical examiner's certificates."], ["49:49:5.1.1.2.32.4.14.14", 49, "Transportation", "III", "B", "390", "", "D", "Subpart D\u2014National Registry of Certified Medical Examiners", "", "\u00a7 390.133 Reasons for removal of a certified VA medical examiner from the National Registry of Certified Medical Examiners.", "FHWA", "", "", "", "FMCSA may remove a certified VA medical examiner from the National Registry of Certified Medical Examiners when a certified VA medical examiner fails to meet or maintain the qualifications established by \u00a7\u00a7 390.123 through 390.135, the requirements of other regulations applicable to the certified VA medical examiner, or otherwise does not meet the requirements of 49 U.S.C. 31149. The reasons for removal may include, but are not limited to:\n\n(a) The certified VA medical examiner fails to comply with the requirements for continued listing on the National Registry of Certified Medical Examiners, as described in \u00a7 390.131.\n\n(b) FMCSA finds that there are errors, omissions, or other indications of improper certification by the certified VA medical examiner of an operator in either the completed Medical Examination Reports or the medical examiner's certificates.\n\n(c) The FMCSA determines the certified VA medical examiner issued a medical examiner's certificate to an operator of a commercial motor vehicle who failed to meet the applicable standards at the time of the examination.\n\n(d) The certified VA medical examiner fails to comply with the examination requirements in \u00a7 391.43 of this chapter.\n\n(e) The certified VA medical examiner falsely claims to have completed training in physical and medical examination standards as required by \u00a7\u00a7 390.123 through 390.135."], ["49:49:5.1.1.2.32.4.14.15", 49, "Transportation", "III", "B", "390", "", "D", "Subpart D\u2014National Registry of Certified Medical Examiners", "", "\u00a7 390.135 Procedure for removal of a certified VA medical examiner from the National Registry of Certified Medical Examiners.", "FHWA", "", "", "[83 FR 26861, June 11, 2018, as amended at 86 FR 57074, Oct. 14, 2021]", "(a)  Voluntary removal.  To be voluntarily removed from the National Registry of Certified Medical Examiners, a certified VA medical examiner must submit a request to FMCSA, ATTN: Removal from National Registry of Certified Medical Examiners, 1200 New Jersey Ave. SE, Washington, DC 20590. Except as provided in paragraph (b) of this section, FMCSA will accept the request and the removal will become effective immediately. On and after the date of issuance of a notice of proposed removal from the National Registry of Certified Medical Examiners, as described in paragraph (b) of this section, however, FMCSA will not approve the certified VA medical examiner's request for voluntary removal from the National Registry of Certified Medical Examiners.\n\n(b)  Notice of proposed removal.  Except as provided by paragraphs (a) and (e) of this section, FMCSA initiates the process for removal of a certified VA medical examiner from the National Registry of Certified Medical Examiners by issuing a written notice of proposed removal to the certified VA medical examiner, stating the reasons that removal is proposed under \u00a7 390.133 and any corrective actions necessary for the certified VA medical examiner to remain listed on the National Registry of Certified Medical Examiners.\n\n(c)  Response to notice of proposed removal and corrective action.  A certified VA medical examiner who has received a notice of proposed removal from the National Registry of Certified Medical Examiners must submit any written response to the FMCSA no later than 30 days after the date of issuance of the notice of proposed removal. The response must indicate either that the certified VA medical examiner believes FMCSA has relied on erroneous reasons, in whole or in part, in proposing removal from the National Registry of Certified Medical Examiners, as described in paragraph (c)(1) of this section, or that the certified VA medical examiner will comply and take any corrective action specified in the notice of proposed removal, as described in paragraph (c)(2) of this section.\n\n(1)  Opposing a notice of proposed removal.  If the certified VA medical examiner believes FMCSA has relied on an erroneous reason, in whole or in part, in proposing removal from the National Registry of Certified Medical Examiners, the certified VA medical examiner must explain the basis for his or her belief that FMCSA relied on an erroneous reason in proposing the removal. FMCSA will review the explanation.\n\n(i) If FMCSA finds it has wholly relied on an erroneous reason for proposing removal from the National Registry of Certified Medical Examiners, FMCSA will withdraw the notice of proposed removal and notify the certified VA medical examiner in writing of the determination. If FMCSA finds it has partly relied on an erroneous reason for proposing removal from the National Registry of Certified Medical Examiners, FMCSA will modify the notice of proposed removal and notify the certified VA medical examiner in writing of the determination. No later than 60 days after the date FMCSA modifies a notice of proposed removal, the certified VA medical examiner must comply with \u00a7\u00a7 390.123 through 390.135 and correct any deficiencies identified in the modified notice of proposed removal as described in paragraph (c)(2) of this section.\n\n(ii) If FMCSA finds it has not relied on an erroneous reason in proposing removal, FMCSA will affirm the notice of proposed removal and notify the certified VA medical examiner in writing of the determination. No later than 60 days after the date the FMCSA affirms the notice of proposed removal, the certified VA medical examiner must comply with \u00a7\u00a7 390.123 through 390.135 and correct the deficiencies identified in the notice of proposed removal as described in paragraph (c)(2) of this section.\n\n(iii) If the certified VA medical examiner does not submit a written response within 30 days of the date of issuance of a notice of proposed removal, the removal becomes effective and the certified VA medical examiner is immediately removed from the National Registry of Certified Medical Examiners.\n\n(2)  Compliance and corrective action.  (i) The certified VA medical examiner must comply with \u00a7\u00a7 390.123 through 390.135 and complete the corrective actions specified in the notice of proposed removal no later than 60 days after either the date of issuance of the notice of proposed removal or the date FMCSA affirms or modifies the notice of proposed removal, whichever is later. The certified VA medical examiner must provide documentation of compliance and completion of the corrective actions to FMCSA. FMCSA may conduct any investigations and request any documentation necessary to verify that the certified VA medical examiner has complied with \u00a7\u00a7 390.123 through 390.135 and completed the required corrective action(s). FMCSA will notify the certified VA medical examiner in writing whether he or she has met the requirements to continue to be listed on the National Registry of Certified Medical Examiners.\n\n(ii) If the certified VA medical examiner fails to complete the proposed corrective action(s) within the 60-day period, the removal becomes effective and the certified VA medical examiner is immediately removed from the National Registry of Certified Medical Examiners. FMCSA will notify the person in writing that he or she has been removed from the National Registry of Certified Medical Examiners.\n\n(3) At any time before a notice of proposed removal from the National Registry of Certified Medical Examiners becomes final, the recipient of the notice of proposed removal and FMCSA may resolve the matter by mutual agreement.\n\n(d)  Request for administrative review.  If a person has been removed from the National Registry of Certified Medical Examiners under paragraph (c)(1)(iii), (c)(2)(ii), or (e) of this section, that person may request an administrative review no later than 30 days after the date the removal becomes effective. The request must be submitted in writing to FMCSA, ATTN: National Registry of Certified Medical Examiners\u2014Request for Administrative Review, 1200 New Jersey Ave. SE, Washington, DC 20590. The request must explain the error(s) committed in removing the certified VA medical examiner from the National Registry of Certified Medical Examiners, and include a list of all factual, legal, and procedural issues in dispute, and any supporting information or documents.\n\n(1)  Additional procedures for administrative review.  FMCSA may ask the person to submit additional data or attend a conference to discuss the removal. If the person does not provide the information requested, or does not attend the scheduled conference, FMCSA may dismiss the request for administrative review.\n\n(2)  Decision on administrative review.  FMCSA will complete the administrative review and notify the person in writing of the decision. The decision constitutes final Agency action. If FMCSA decides the removal was not valid, FMCSA will reinstate the person and reissue a certification credential to expire on the expiration date of the certificate that was invalidated under paragraph (g) of this section. The reinstated certified VA medical examiner must:\n\n(i) Continue to meet the requirements of \u00a7\u00a7 390.123 through 390.135 and the applicable requirements of part 391 of this chapter.\n\n(ii) Report to FMCSA any changes in the registration information submitted under \u00a7 390.123(a)(3) within 30 days of the reinstatement.\n\n(iii) Be licensed, certified, or registered in accordance with applicable State laws and regulations to perform physical examinations.\n\n(iv) Maintain documentation of licensure, registration, or certification in a State to perform physical examinations and maintain documentation of and completion of all training required by \u00a7\u00a7 390.125 and 390.131 of this part. The certified VA medical examiner must make this documentation available to an authorized representative of FMCSA or an authorized representative of Federal, State, or local government. The certified VA medical examiner must provide this documentation within 48 hours of the request for investigations and within 10 days of the request for regular audits of eligibility.\n\n(v) Complete periodic training as required by FMCSA.\n\n(e)  Emergency removal.  In cases of either willfulness or in which public health, interest, or safety requires, the provisions of paragraph (b) of this section are not applicable and FMCSA may immediately remove a certified VA medical examiner from the National Registry of Certified Medical Examiners and invalidate the certification credential issued under \u00a7 390.129. A person who has been removed under the provisions of this paragraph may request an administrative review of that decision as described under paragraph (d) of this section.\n\n(f)  Reinstatement on the National Registry of Certified Medical Examiners.  No sooner than 30 days after the date of removal from the National Registry of Certified Medical Examiners, a person who has been voluntarily or involuntarily removed may apply to FMCSA to be reinstated. The person must:\n\n(1) Continue to meet the requirements of \u00a7\u00a7 390.123 through 390.135 and the applicable requirements of part 391 of this chapter.\n\n(2) Report to FMCSA any changes in the registration information submitted under \u00a7 390.123(a)(3).\n\n(3) Be licensed, certified, or registered in accordance with applicable State laws and regulations to perform physical examinations.\n\n(4) Maintain documentation of licensure, registration, or certification in a State to perform physical examinations and maintain documentation of and completion of all training required by \u00a7\u00a7 390.125 and 390.131. The certified VA medical examiner must make this documentation available to an authorized representative of FMCSA or an authorized representative of Federal, State, or local government. The certified VA medical examiner must provide this documentation within 48 hours of the request for investigations and within 10 days of the request for regular audits of eligibility.\n\n(5) Complete training and testing as required by FMCSA.\n\n(6) In the case of a person who has been involuntarily removed, provide documentation showing completion of any corrective actions required in the notice of proposed removal.\n\n(g)  Effect of final decision by FMCSA.  If a person is removed from the National Registry of Certified Medical Examiners under paragraph (c) or (e) of this section, the certification credential issued under \u00a7 390.129 is no longer valid. However, the removed person's information remains publicly available for 3 years, with an indication that the person is no longer listed on the National Registry of Certified Medical Examiners as of the date of removal."], ["49:49:5.1.1.2.32.4.14.9", 49, "Transportation", "III", "B", "390", "", "D", "Subpart D\u2014National Registry of Certified Medical Examiners", "", "\u00a7 390.123 Medical examiner certification for qualified Department of Veterans Affairs examiners.", "FHWA", "", "", "", "(a) For a qualified VA examiner to receive medical examiner certification from FMCSA under \u00a7\u00a7 390.123 through 390.135, a person must:\n\n(1) Be an advanced practice nurse, doctor of chiropractic, doctor of medicine, doctor of osteopathy, physician assistant, or other medical professional employed in the Department of Veterans Affairs;\n\n(2) Be licensed, certified, or registered in a State to perform physical examinations;\n\n(3) Register on the National Registry website and receive a National Registry number before taking the training that meets the requirements of \u00a7 390.125;\n\n(4) Be familiar with FMCSA's standards for, and physical requirements of, a commercial motor vehicle operator requiring medical certification, by completing the training program that meets the requirements of \u00a7 390.125;\n\n(5) Pass the medical examiner certification test provided by FMCSA, administered in accordance with \u00a7 390.127, and has had his or her test information forwarded to FMCSA; and\n\n(6) Never have been found to have acted fraudulently with respect to any certification of a commercial motor vehicle operator, including by fraudulently awarding a medical certificate.\n\n(b) If a person becomes a certified VA medical examiner under \u00a7\u00a7 390.123 through 390.135, then to renew such certification the certified VA medical examiner must remain qualified under paragraphs (a)(1) and (2) of this section and complete additional testing and training as required by \u00a7 390.131(a)(5)."], ["49:49:5.1.1.2.32.5.15.1", 49, "Transportation", "III", "B", "390", "", "E", "Subpart E\u2014Unified Registration System", "", "\u00a7 390.200T USDOT Registration.", "FHWA", "", "", "[82 FR 5318, Jan. 17, 2017, as amended at 88 FR 80184, Nov. 17, 2023]", "(a)  Purpose.  This section establishes who must register with FMCSA using the Form MCSA-1, the URS online application, beginning January 14, 2017.\n\n(b)  Applicability.  Notwithstanding any other provisions of this part or 49 CFR 385.305T(b)(2), a new applicant private motor carrier or new applicant exempt for-hire motor carrier subject to the requirements of this subchapter must file Form MCSA-1 with FMCSA to identify its operations with the Federal Motor Carrier Safety Administration for safety oversight. Form MCSA-1 is the URS online application, and both the application and its instructions are available from the FMCSA website at  https://www.fmcsa.dot.gov/urs.\n\n(c)  Definition.  For purposes of this section, a \u201cnew applicant\u201d is an entity applying for operating authority registration and a USDOT number who does not at the time of application have an active registration or USDOT, Motor Carrier (MC), Mexican owned or controlled (MX), or Freight Forwarder (FF) number, and who has never had an active registration or USDOT, MC, MX, or FF number."], ["49:49:5.1.1.2.32.5.15.2", 49, "Transportation", "III", "B", "390", "", "E", "Subpart E\u2014Unified Registration System", "", "\u00a7 390.201 USDOT Registration.", "FHWA", "", "", "[80 FR 63712, Oct. 21, 2015, as amended at 88 FR 80184, Nov. 17, 2023]", "(a)  Purpose.  This section establishes who must register with FMCSA under the Unified Registration System, the filing schedule, and general information pertaining to persons subject to the Unified Registration System registration requirements.\n\n(b)  Applicability.  (1) Except as provided in paragraph (g) of this section, each motor carrier (including a private motor carrier, an exempt for-hire motor carrier, a non-exempt for-hire motor carrier, and a motor carrier of passengers that participates in a through ticketing arrangement with one or more interstate for-hire motor carriers of passengers), intermodal equipment provider, broker and freight forwarder subject to the requirements of this subchapter must file Form MCSA-1, the URS online application, with FMCSA to:\n\n(i) Identify its operations with the Federal Motor Carrier Safety Administration for safety oversight, as applicable;\n\n(ii) Obtain operating authority required under 49 U.S.C. chapter 139, as applicable; and\n\n(iii) Obtain a hazardous materials safety permit as required under 49 U.S.C. 5109, as applicable.\n\n(2) A cargo tank and cargo tank motor vehicle manufacturer, assembler, repairer, inspector, tester, and design certifying engineer that is subject to registration requirements under 49 CFR 107.502 and 49 U.S.C. 5108 must satisfy those requirements by electronically filing Form MCSA-1, the URS online application, with FMCSA.\n\n(c)  General.  (1)(i) A person that fails to file Form MCSA-1, the URS online application, pursuant to paragraph (d)(1) of this section is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C. 14901(a), as appropriate.\n\n(ii) A person that fails to complete biennial updates to the information pursuant to paragraph (d)(2) of this section is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B) or 49 U.S.C. 14901(a), as appropriate, and deactivation of its USDOT Number.\n\n(iii) A person that furnishes misleading information or makes false statements upon Form MCSA-1, the URS online application, is subject to the penalties prescribed in 49 U.S.C. 521(b)(2)(B), 49 U.S.C. 14901(a) or 49 U.S.C. 14907, as appropriate.\n\n(2) Upon receipt and processing of Form MCSA-1, the URS online application, FMCSA will issue the applicant an inactive identification number (USDOT Number). FMCSA will activate the USDOT Number after completion of applicable administrative filings pursuant to \u00a7 390.205(a), unless the applicant is subject to \u00a7 390.205(b). An applicant may not begin operations nor mark a commercial motor vehicle with the USDOT Number until after the date of the Agency's written notice that the USDOT Number has been activated.\n\n(3) The motor carrier must display a valid USDOT Number on each self-propelled CMV, as defined in \u00a7 390.5, along with the additional information required by \u00a7 390.21.\n\n(d)  Filing schedule.  Each person listed under \u00a7 390.201(b) must electronically file Form MCSA-1, the URS online application, at the following times:\n\n(1) Before it begins operations; and\n\n(2) Every 24 months as prescribed in paragraph (d)(3) of this section.\n\n(3)(i) Persons assigned a USDOT Number must file an updated Form MCSA-1, the URS online application, every 24 months, according to the following schedule:\n\n(ii) If the next-to-last digit of its USDOT Number is odd, the person must file its update in every odd-numbered calendar year. If the next-to-last digit of the USDOT Number is even, the person must file its update in every even-numbered calendar year.\n\n(4)  When there is a change in legal name, form of business, or address.  A registered entity must notify the Agency of a change in legal name, form of business, or address within 30 days of the change by filing an updated Form MCSA-1, the URS online application, reflecting the revised information. Notification of a change in legal name, form of business, or address does not relieve a registered entity from the requirement to file an updated Form MCSA-1 every 24 months in accordance with paragraph (d)(3) of this section.\n\n(5)  When there is a transfer of operating authority.  (i) Both a person who obtains operating authority through a transfer, as defined in part 365, subpart D of this subchapter (transferee), and the person transferring its operating authority (transferor), must each notify the Agency of the transfer within 30 days of consummation of the transfer by filing:\n\n(A) An updated Form MCSA-1, the URS online application, for the transferor, and for the transferee, if the transferee had an existing USDOT Number at the time of the transfer; or\n\n(B) A new Form MCSA-1, the URS online application, if the transferee did not have an existing USDOT Number at the time of the transfer.\n\n(C) A copy of the operating authority that is being transferred.\n\n(ii) Notification of a transfer of operating authority does not relieve a registered entity from the requirement to file an updated Form MCSA-1, the URS online application, every 24 months in accordance with paragraph (d)(3) of this section.\n\n(e)  Availability of form.  Form MCSA-1, the URS online application is available, including complete instructions, from the FMCSA website at  https://www.fmcsa.dot.gov/urs.\n\n(f)  Where to file.  Persons subject to the registration requirements under this subpart must electronically file Form MCSA-1, the URS online application, on the FMCSA website at  https://www.fmcsa.dot.gov/urs.\n\n(g)  Exception.  The rules in this subpart do not govern the application by a Mexico-domiciled motor carrier to provide transportation of property or passengers in interstate commerce between Mexico and points in the United States beyond the municipalities and commercial zones along the United States-Mexico international border. The applicable procedures governing transportation by Mexico-domiciled motor carriers are provided in \u00a7 390.19."], ["49:49:5.1.1.2.32.5.15.3", 49, "Transportation", "III", "B", "390", "", "E", "Subpart E\u2014Unified Registration System", "", "\u00a7 390.203 PRISM State registration/biennial updates.", "FHWA", "", "", "", "(a) A motor carrier that registers its vehicles in a State that participates in the Performance and Registration Information Systems Management (PRISM) program (authorized under section 4004 of the Transportation Equity Act for the 21st Century [Public Law 105-178, 112 Stat. 107]) alternatively may satisfy the requirements set forth in \u00a7 390.201 by electronically filing all the required USDOT registration and biennial update information with the State according to its policies and procedures, provided the State has integrated the USDOT registration/update capability into its vehicle registration program.\n\n(b) If the State procedures do not allow a motor carrier to file the Form MCSA-1, the URS online application, or to submit updates within the period specified in \u00a7 390.201(d)(2), a motor carrier must complete such filings directly with FMCSA.\n\n(c) A for-hire motor carrier, unless providing transportation exempt from the commercial registration requirements of 49 U.S.C. chapter 139, must obtain operating authority as prescribed under \u00a7 390.201(b) and part 365 of this subchapter before operating in interstate commerce."], ["49:49:5.1.1.2.32.5.15.4", 49, "Transportation", "III", "B", "390", "", "E", "Subpart E\u2014Unified Registration System", "", "\u00a7 390.205 Special requirements for registration.", "FHWA", "", "", "", "(a)(1)  General.  A person applying to operate as a motor carrier, broker, or freight forwarder under this subpart must make the additional filings described in paragraphs (a)(2) and (a)(3) of this section as a condition for registration under this subpart within 90 days of the date on which the application is filed:\n\n(2)  Evidence of financial responsibility.  (i) A person that registers to conduct operations in interstate commerce as a for-hire motor carrier, a broker, or a freight forwarder must file evidence of financial responsibility as required under part 387, subparts C and D of this subchapter.\n\n(ii) A person that registers to transport hazardous materials as defined in 49 CFR 171.8 (or any quantity of a material listed as a select agent or toxin in 42 CFR part 73) in interstate commerce must file evidence of financial responsibility as required under part 387, subpart C of this subchapter.\n\n(3)  Designation of agent for service of process.  All motor carriers (both private and for-hire), brokers and freight forwarders required to register under this subpart must designate an agent for service of process (a person upon whom court or Agency process may be served) following the rules in part 366 of this subchapter:\n\n(b) If an application is subject to a protest period, the Agency will not activate a USDOT Number until expiration of the protest period provided in \u00a7 365.115 of this subchapter or\u2014if a protest is received\u2014after FMCSA denies or rejects the protest, as applicable."], ["49:49:5.1.1.2.32.5.15.5", 49, "Transportation", "III", "B", "390", "", "E", "Subpart E\u2014Unified Registration System", "", "\u00a7 390.207 Other governing regulations.", "FHWA", "", "", "", "(a)  Motor carriers.  (1) A motor carrier granted registration under this part must successfully complete the applicable New Entrant Safety Assurance Program as described in paragraphs (a)(1)(i) through (a)(1)(iii) of this section as a condition for permanent registration:\n\n(i) A U.S.- or Canada-domiciled motor carrier is subject to the new entrant safety assurance program under part 385, subpart D, of this subchapter.\n\n(ii) A Mexico-domiciled motor carrier is subject to the safety monitoring program under part 385, subpart B of this subchapter.\n\n(iii) A Non-North America-domiciled motor carrier is subject to the safety monitoring program under part 385, subpart I of this subchapter.\n\n(2) Only the legal name or a single trade name of the motor carrier may be used on the Form MCSA-1, the URS online application.\n\n(b)  Brokers, freight forwarders and non-exempt for-hire motor carriers.  (1) A broker or freight forwarder must obtain operating authority pursuant to part 365 of this chapter as a condition for obtaining USDOT Registration.\n\n(2) A motor carrier registering to engage in transportation that is not exempt from economic regulation by FMCSA must obtain operating authority pursuant to part 365 of this subchapter as a condition for obtaining USDOT Registration.\n\n(c)  Intermodal equipment providers.  An intermodal equipment provider is subject to the requirements of subpart C of this part.\n\n(1) Only the legal name or a single trade name of the intermodal equipment provider may be used on the Form MCSA-1, the URS online application.\n\n(2) The intermodal equipment provider must identify each unit of interchanged intermodal equipment by its assigned USDOT Number.\n\n(d)  Hazardous materials safety permit applicants.  A person who applies for a hazardous materials safety permit is subject to the requirements of part 385, subpart E, of this subchapter.\n\n(e)  Cargo tank facilities.  A cargo tank facility is subject to the requirements of 49 CFR part 107, subpart F, 49 CFR part 172, subpart H, and 49 CFR part 180."], ["49:49:5.1.1.2.32.5.15.6", 49, "Transportation", "III", "B", "390", "", "E", "Subpart E\u2014Unified Registration System", "", "\u00a7 390.209 Pre-authorization safety audit.", "FHWA", "", "", "", "A non-North America-domiciled motor carrier seeking to provide transportation of property or passengers in interstate commerce within the United States must pass the pre-authorization safety audit under \u00a7 385.607(c) of this subchapter as a condition for receiving registration under this part."], ["49:49:5.1.1.2.32.7.15.1", 49, "Transportation", "III", "B", "390", "", "G", "Subpart G\u2014Lease and Interchange of Passenger-Carrying Commercial Motor Vehicles", "", "\u00a7 390.401 Applicability.", "FHWA", "", "", "", "(a)  General.  Beginning on January 1, 2021, and except as provided in paragraphs (b)(1) and (2) of this section, this subpart applies to the following actions, irrespective of duration, or the presence or absence of compensation, by motor carriers operating commercial motor vehicles to transport passengers:\n\n(1) The lease of passenger-carrying commercial motor vehicles; and\n\n(2) The interchange of passenger-carrying commercial motor vehicles between motor carriers.\n\n(b)  Exceptions \u2014(1)  Contracts and agreements between motor carriers of passengers with active passenger carrier operating authority registrations.  This subpart does not apply to contracts and agreements between motor carriers of passengers that have active passenger carrier operating authority registrations with the Federal Motor Carrier Safety Administration when one such motor carrier acquires transportation service(s) from another such motor carrier(s).\n\n(2)  Financial leases.  This subpart does not apply to a contract (however designated,  e.g.,  lease, closed-end lease, hire purchase, lease purchase, purchase agreement, installment plan, demonstration or loaner vehicle, etc.) between a motor carrier and a bank or similar financial organization or a manufacturer or dealer of passenger-carrying commercial motor vehicles allowing the motor carrier to use the passenger-carrying commercial motor vehicle.\n\n(c)  Penalties.  If the use of a passenger-carrying commercial motor vehicle is conferred on one motor carrier subject to this subpart by another such motor carrier without a lease or interchange agreement, or pursuant to a lease or interchange agreement that fails to meet all applicable requirements of subpart G, both motor carriers shall be subject to a civil penalty."], ["49:49:5.1.1.2.32.7.15.2", 49, "Transportation", "III", "B", "390", "", "G", "Subpart G\u2014Lease and Interchange of Passenger-Carrying Commercial Motor Vehicles", "", "\u00a7 390.403 Lease and interchange requirements.", "FHWA", "", "", "", "Beginning on January 1, 2021, and except as provided in \u00a7 390.401(b) of this section, a motor carrier may transport passengers in a leased or interchanged commercial motor vehicle only under the following conditions:\n\n(a)  In general \u2014(1)  Lease or agreement required.  There shall be in effect either:\n\n(i) A lease granting the use of the passenger-carrying commercial motor vehicle and meeting the conditions of paragraphs (b) and (c) of this section. The provisions of the lease shall be adhered to and performed by the lessee; or\n\n(ii) An agreement meeting the conditions of paragraphs (b) and (c) of this section and governing the interchange of passenger-carrying commercial motor vehicles between motor carriers of passengers conducting service on a route or series of routes. The provisions of the interchange agreement shall be adhered to and performed by the lessee.\n\n(2)  Exception.  When an event occurs ( e.g.,  a crash, the vehicle is disabled) that requires a motor carrier of passengers immediately to obtain a replacement vehicle from another motor carrier of passengers, the two carriers may postpone the writing of the lease or written agreement for the replacement vehicle for up to 48 hours after the time the lessee takes exclusive possession and control of the replacement vehicle. However, during that 48-hour period, until the lease or agreement is written and provided to the driver, the driver must carry, and produce upon demand of an enforcement official, a document signed and dated by the lessee's driver or available company official stating: \u201c[Carrier A, USDOT number, telephone number] has leased this vehicle to [Carrier B, USDOT number, telephone number] pursuant to 49 CFR 390.403(a)(2).\u201d\n\n(b)  Contents of the lease.  The lease or interchange agreement required by paragraph (a) of this section shall contain:\n\n(1)  Vehicle identification information.  The name of the vehicle manufacturer, the year of manufacture, and at least the last 6 digits of the Vehicle Identification Number (VIN) of each passenger-carrying commercial motor vehicle transferred between motor carriers pursuant to the lease or interchange agreement.\n\n(2)  Parties.  The legal name, USDOT number, and telephone number of the motor carrier providing passenger transportation in a commercial motor vehicle (lessee) and the legal name, USDOT number, and telephone number of the motor carrier providing the equipment (lessor), and signatures of both parties or their authorized representatives.\n\n(3)  Specific duration.  The time and date when, and the location where, the lease or interchange agreement begins and ends.\n\n(4)  Exclusive possession and responsibilities.  (i) A clear statement that the motor carrier obtaining the passenger-carrying commercial motor vehicle (the lessee) has exclusive possession, control, and use of the passenger-carrying commercial motor vehicle for the duration of the agreement, and assumes complete responsibility for operation of the vehicle and compliance with all applicable Federal regulations for the duration of the agreement.\n\n(ii) In the event of a sublease between motor carriers, all of the requirements of this section shall apply to a sublease.\n\n(c)  Copies of the lease.  A copy shall be on the passenger-carrying commercial motor vehicle during the period of the lease or interchange agreement, and both the lessee and lessor shall retain a copy of the lease or interchange agreement for 1 year after the expiration date."], ["9:9:2.0.2.3.36.0.40.1", 9, "Animals and Animal Products", "III", "D", "390", "PART 390\u2014FREEDOM OF INFORMATION AND PUBLIC INFORMATION", "", "", "", "\u00a7 390.1 Scope and purpose.", "FSIS", "", "", "", "This part is issued pursuant to the Freedom of Information Act (FOIA) as amended (5 U.S.C. 552), and in accordance with the directives of the Department of Agriculture regulations in part 1, subpart A, of Title 7. The availability of records, including electronic records created on or after November 1, 1996, of the Food Safety and Inspection Service (FSIS), and the procedures by which the public may request such information, will be governed by the FOIA and by the Department regulations as implemented and supplemented by the regulations in this part."], ["9:9:2.0.2.3.36.0.40.10", 9, "Animals and Animal Products", "III", "D", "390", "PART 390\u2014FREEDOM OF INFORMATION AND PUBLIC INFORMATION", "", "", "", "\u00a7 390.10 Availability of Lists of Retail Consignees during Meat or Poultry Product Recalls.", "FSIS", "", "", "[73 FR 40948, July 17, 2008]", "The Administrator of the Food Safety and Inspection Service will make publicly available the names and locations of retail consignees of recalled meat or poultry products that the Agency compiles in connection with a recall where there is a reasonable probability that the use of the product could cause serious adverse health consequences or death."], ["9:9:2.0.2.3.36.0.40.11", 9, "Animals and Animal Products", "III", "D", "390", "PART 390\u2014FREEDOM OF INFORMATION AND PUBLIC INFORMATION", "", "", "", "\u00a7 390.11 FSIS systems of records exempt from the Privacy Act.", "FSIS", "", "", "[89 FR 12747, Feb. 20, 2024]", "(a) USDA/FSIS-0005, AssuranceNet system of records, is exempt from subsections (c)(3), (d)(1)-(4), (e)(1), (e)(4)(G)-(I), and (f) of the Privacy Act, 5 U.S.C. 552a, to the extent it contains investigatory material compiled for law enforcement purposes in accordance with 5 U.S.C. 552a(k)(2). Exemptions from the particular subsections are justified for the following reasons:\n\n(1) From subsection (c)(3) because the release of the disclosure accounting would permit the subject of an investigation to obtain valuable information concerning the nature of that investigation. This would permit record subjects to impede the investigation,  e.g.,  destroy evidence, intimidate potential witnesses, or flee the area to avoid inquiries or apprehension by law enforcement personnel.\n\n(2) From subsection (d)(1) because the records contained in this system relate to official Federal investigations and matters of law enforcement. Individual access to these records might compromise ongoing or impending investigations, reveal confidential informants, or constitute unwarranted invasions of the personal privacy of third parties who are involved in a certain investigation.\n\n(3) From section (d)(2) because amendment of the records would interfere with ongoing law enforcement proceedings and impose an impossible administrative burden by requiring investigations to be continuously reinvestigated.\n\n(4) From subsections (d)(3) and (4) because these subsections are inapplicable to the extent exemption is claimed from subsections (d)(1) and (2).\n\n(5) From subsection (e)(1) because it is often impossible to determine in advance if investigatory information contained in this system is accurate, relevant, timely and complete, but, in the interests of effective law enforcement, it is necessary to retain this information to aid in establishing patterns of activity and provide investigative leads. Moreover, it would impede the specific investigative process if it were necessary to assure the relevance, accuracy, timeliness, and completeness of all information obtained.\n\n(6) From subsections (e)(4)(G) and (H) since an exemption being claimed for subsection (d) makes these subsections inapplicable.\n\n(7) From subsection (e)(4)(I) because the categories of sources of the records in this system have been published in the  Federal Register  in broad generic terms in the belief that this is all that subsection (e)(4)(I) requires. In the event, however, that subsection (e)(4)(I) should be interpreted to require more detail as to the identity of sources of the records in the system, exemption from this provision is necessary in order to protect the confidentiality of the sources of enforcement information and of witnesses and informants.\n\n(8) From subsection (f) to the extent that the system is exempt from other specific subsections of the Privacy Act.\n\n(b) [Reserved]"], ["9:9:2.0.2.3.36.0.40.2", 9, "Animals and Animal Products", "III", "D", "390", "PART 390\u2014FREEDOM OF INFORMATION AND PUBLIC INFORMATION", "", "", "", "\u00a7 390.2 Published materials.", "FSIS", "", "", "", "FSIS rules and regulations relating to its regulatory responsibilities and administrative procedures are published and made available to the public in the  Federal Register  and codified in chapter III, title 9, of the Code of Federal Regulations. FSIS also issues numerous publications relating to Agency programs, which implement the laws listed in the Delegation of Authority, 7 CFR 2.15(a). Most of these publications are available free from the USDA Publications Division, Office of Governmental and Public Affairs, or at established rates from the Superintendent of Documents, U.S. Government Printing Office, Washington, 20402-9328."], ["9:9:2.0.2.3.36.0.40.3", 9, "Animals and Animal Products", "III", "D", "390", "PART 390\u2014FREEDOM OF INFORMATION AND PUBLIC INFORMATION", "", "", "", "\u00a7 390.3 Indexes, reference guide, and handbook.", "FSIS", "", "", "", "(a) Pursuant to the regulations in 7 CFR 1.4(c), FSIS will maintain and make available for public inspection and copying an index providing identifying information regarding the materials required to be published or made available under the Freedom of Information Act (5 U.S.C. 552(a)(2)). The Agency will make the index available by computer telecommunications by December 31, 1999. Quarterly publication of the index is unnecessary and impractical, since the material is voluminous and does not change often enough to justify the expense of quarterly publication. The Agency will provide copies of any index, upon request, at a cost not to exceed direct cost of duplication.\n\n(b) FSIS is responsible for preparing reference material or a guide for requesting records or information from the Agency. This guide also will include an index of all major information systems and a description of major information and record locator systems.\n\n(c) FSIS will prepare a handbook for obtaining information from the Agency. The handbook will be available on paper and through electronic means, and will discuss how the public can use it to access Agency FOIA annual reports. Similarly, the annual reports will refer to the handbook and how to obtain it."], ["9:9:2.0.2.3.36.0.40.4", 9, "Animals and Animal Products", "III", "D", "390", "PART 390\u2014FREEDOM OF INFORMATION AND PUBLIC INFORMATION", "", "", "", "\u00a7 390.4 Facilities for inspection and copying.", "FSIS", "", "", "", "Facilities for public inspection and copying of the material described in \u00a7\u00a7 390.2 and 390.3 of this part will be provided by FSIS pursuant to 7 CFR 1.5(a) in a reading area, on business days between the hours of 8:30 a.m. and 4:30 p.m., upon request to the Freedom of Information Coordinator or designee at the following address:\n\nFreedom of Information Act Coordinator (FOIA), Food Safety and Inspection Service, Department of Agriculture, Washington, DC 20250-3700\n\nFreedom of Information Act Coordinator (FOIA), Food Safety and Inspection Service, Department of Agriculture, Washington, DC 20250-3700"], ["9:9:2.0.2.3.36.0.40.5", 9, "Animals and Animal Products", "III", "D", "390", "PART 390\u2014FREEDOM OF INFORMATION AND PUBLIC INFORMATION", "", "", "", "\u00a7 390.5 Request for records.", "FSIS", "", "", "", "(a) The FOIA Coordinator of FSIS is authorized to receive requests and to exercise authority under 7 CFR 1.3(a) to\u2014\n\n(1) Make determinations to grant or deny such requests,\n\n(2) Extend the 20-day deadline,\n\n(3) Make discretionary releases of exempt records, except where disclosure is specifically prohibited by Executive Order, statute, and applicable regulations,\n\n(4) Consider expedited processing when appropriate,\n\n(5) Make determinations regarding the charging of fees pursuant to the established schedule, and\n\n(6) Determine the applicability of 7 CFR 1.5 to requests for records.\n\n(b) Requests for FSIS records or information will be made in writing in accordance with 7 CFR 1.5 and submitted to the FSIS Freedom of Information Act Coordinator at the following address:\n\nFreedom of Information Act Coordinator (FOIA Request), Food Safety and Inspection Service, Department of Agriculture, Washington, DC 20250-3700\n\nFreedom of Information Act Coordinator (FOIA Request), Food Safety and Inspection Service, Department of Agriculture, Washington, DC 20250-3700\n\nThe submitter will identify each record with reasonable specificity as prescribed in 7 CFR 1.3. All requests to inspect or obtain copies of any record or to obtain a fee waiver must be submitted in writing.\n\n(c) In exercising authority under 7 CFR 1.3(a)(3) to grant and deny requests, the Coordinator or designee will comply with subsection (b) of the Freedom of Information Act (5 U.S.C. 552(b)), as amended, which requires that any reasonably segregated portion of a document will be provided to a person requesting the document after deletion of any portions within the scope of the request for which an exemption is being claimed under the Act. Therefore, unless the disclosable and nondisclosable portions are so inextricably linked that it is not reasonably possible to separate them, the document will be released with the nondisclosable portions deleted. The Coordinator or designee may exercise discretion as limited by 7 CFR l.15 to release the entire document or make only a minimum number of deletions. If portions of a document in electronic format have been redacted, the Agency must indicate, on the released portion of the document, the amount of information that has been deleted from a record, unless that indication would harm an interest protected by an applicable exemption."], ["9:9:2.0.2.3.36.0.40.6", 9, "Animals and Animal Products", "III", "D", "390", "PART 390\u2014FREEDOM OF INFORMATION AND PUBLIC INFORMATION", "", "", "", "\u00a7 390.6 Fee schedule.", "FSIS", "", "", "", "Department regulations provide for a schedule of reasonable standard charges for document search and duplication. See 7 CFR 1.17. Fees to be charged are in 7 CFR part 1, subpart A, appendix A."], ["9:9:2.0.2.3.36.0.40.7", 9, "Animals and Animal Products", "III", "D", "390", "PART 390\u2014FREEDOM OF INFORMATION AND PUBLIC INFORMATION", "", "", "", "\u00a7 390.7 Appeals.", "FSIS", "", "", "", "(a) If the request for information or for a waiver of search or duplication is denied, in whole or in part, the FOIA Coordinator or designee will explain in the letter of response the grounds for any denial of access and offer the requester an opportunity to file an administrative appeal, pursuant to 7 CFR 1.3(a)(4). The appeal should be filed in writing within 45 days of the date of denial (departmental regulations, 7 CFR 1.14) and addressed as follows:\n\nAdministrator, Food Safety and Inspection Service (FOIA Appeals), Department of Agriculture, Washington, DC 20250-3700\n\nAdministrator, Food Safety and Inspection Service (FOIA Appeals), Department of Agriculture, Washington, DC 20250-3700\n\n(b) The FSIS Administrator is authorized under 7 CFR 1.3(a)(4) to extend the 20-day deadline, make discretionary releases, and make determinations regarding the charging of fees."], ["9:9:2.0.2.3.36.0.40.8", 9, "Animals and Animal Products", "III", "D", "390", "PART 390\u2014FREEDOM OF INFORMATION AND PUBLIC INFORMATION", "", "", "", "\u00a7 390.8 Agency response to requests.", "FSIS", "", "", "", "(a) The response to Freedom of Information requests and appeals by officials named in \u00a7\u00a7 390.5 and 390.7 of this part shall be governed by and made in accordance with 7 CFR 1.7 and the regulations in this part.\n\n(b) If requests for records and information are received by field offices, the field office will immediately notify the FOIA Coordinator or designee by telephone and transmit the request to the FOIA office. In rare instances, the FOIA Coordinator or designee will authorize a release of the requested records to the field office receiving the request. The request will be considered as having been received on the date of arrival in the office of the Coordinator or designee. Any person whose request for records has been granted may inspect and copy the records (or copies) at the office listed in \u00a7 390.4 of this part in accordance with the provisions of that section and with \u00a7 390.6. Copies also may be obtained by mail."], ["9:9:2.0.2.3.36.0.40.9", 9, "Animals and Animal Products", "III", "D", "390", "PART 390\u2014FREEDOM OF INFORMATION AND PUBLIC INFORMATION", "", "", "", "\u00a7 390.9 Communications with State and other Federal government agencies.", "FSIS", "", "", "[67 FR 20013, Apr. 24, 2002]", "(a) The Administrator of the Food Safety and Inspection Service (FSIS), or designee, may authorize the disclosure of distribution lists (records that show where and when product was shipped) obtained from a firm recalling products, or incorporated into agency-prepared records, to State and other Federal government agencies to verify the removal of the recalled product, provided that:\n\n(1) The State agency has provided both a written statement establishing its authority to protect confidential distribution lists from public disclosure and a written commitment not to disclose any information provided by FSIS, without the written permission of the submitter of the information or written confirmation by FSIS that the information no longer has confidential status. Federal government agencies must provide a written commitment not to disclose the information and to refer any request for distribution lists to FSIS for response; and\n\n(2) The Administrator of FSIS or designee determines that disclosure would be in the interest of public health.\n\n(b) This provision does not authorize the disclosure to State or other Federal government agencies of trade secret information, unless otherwise provided by law or pursuant to an express written authorization provided by the submitter of the information.\n\n(c) Information disclosed under this section is not a disclosure of information to the public. Disclosures made under this section do not waive any FOIA exemption protection."]], "truncated": false, "filtered_table_rows_count": 92, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", "title_name", "chapter", "subchapter", "part_number", "part_name", "subpart", "subpart_name", "section_number", "section_heading", "agency", "authority", "source_citation", "amendment_citations", "full_text"], "primary_keys": ["section_id"], "units": {}, "query": {"sql": "select section_id, title_number, title_name, chapter, subchapter, part_number, part_name, subpart, subpart_name, section_number, section_heading, agency, authority, source_citation, amendment_citations, full_text from cfr_sections where \"part_number\" = :p0 order by section_id limit 101", "params": {"p0": "390"}}, "facet_results": {"title_number": {"name": "title_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=390", "results": [{"value": 49, "label": 49, "count": 59, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=390&title_number=49", "selected": false}, {"value": 46, "label": 46, "count": 14, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=390&title_number=46", "selected": false}, {"value": 9, "label": 9, "count": 11, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=390&title_number=9", "selected": false}, {"value": 34, "label": 34, "count": 8, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=390&title_number=34", "selected": false}], "truncated": false}, "agency": {"name": "agency", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=390", "results": [{"value": "FHWA", "label": "FHWA", "count": 59, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=390&agency=FHWA", "selected": false}, {"value": "FMC", "label": "FMC", "count": 14, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=390&agency=FMC", "selected": false}, {"value": "FSIS", "label": "FSIS", "count": 11, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=390&agency=FSIS", "selected": false}, {"value": "ED", "label": "ED", "count": 8, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=390&agency=ED", "selected": false}], "truncated": false}, "part_number": {"name": "part_number", "type": "column", "hideable": false, "toggle_url": "/openregs/cfr_sections.json?part_number=390", "results": [{"value": "390", "label": "390", "count": 92, "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json", "selected": true}], "truncated": false}}, "suggested_facets": [{"name": "title_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=390&_facet=title_name"}, {"name": "chapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=390&_facet=chapter"}, {"name": "subchapter", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=390&_facet=subchapter"}, {"name": "part_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=390&_facet=part_name"}, {"name": "subpart", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=390&_facet=subpart"}, {"name": "subpart_name", "toggle_url": "https://www.pawtectors.org/openregs/cfr_sections.json?part_number=390&_facet=subpart_name"}], "next": null, "next_url": null, "private": false, "allow_execute_sql": true, "query_ms": 1721.8742379918694, "source": "Federal Register API & Regulations.gov API", "source_url": "https://www.federalregister.gov/developers/api/v1", "license": "Public Domain (U.S. Government data)", "license_url": "https://www.regulations.gov/faq"}