Regulatory Guidance (62 FR 16370, April [Docket No

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DEPARTMENT OF TRANSPORTATION p.m., ET, Monday through Friday, and FMCSA have published regulatory except Federal holidays. guidance on numerous occasions Federal Motor Carrier Safety Fax: 1–202–493–2251. interpreting many parts of the FMCSRs. Administration Each submission must include the In 1997, FHWA published a Agency name and the docket number for comprehensive compilation of its 49 CFR Parts 383 and 384 this notice. Note that DOT posts all regulatory guidance (62 FR 16370, April [Docket No. FMCSA–2016–0429] comments received without change to 4, 1997). The Agency stated that www.regulations.gov, including any regulatory guidance issued prior to that Commercial Driver’s License personal information included in a date was superseded to the extent it was Standards, Requirements and comment. Please see the Privacy Act inconsistent with the compilation. Penalties; Regulatory Guidance heading below. Agency guidance published since then Docket: For access to the docket to has been limited to specific topics that AGENCY: Federal Motor Carrier Safety read background documents or amend or supplement the 1997 Administration (FMCSA), DOT. comments, go to www.regulations.gov at document. ACTION: Notification of updated any time or visit Room W12–140 on the Section 5203 of the Fixing America’s regulatory guidance; request for ground level of the West Building, 1200 Surface Transportation Act (Pub. L. comments. New Jersey Avenue SE, Washington, 114–94, 129 Stat. 1312, 1535, Dec. 4, DC, between 9 a.m. and 5 p.m., Monday 2015) (FAST Act), titled ‘‘Guidance,’’ SUMMARY: FMCSA revises certain through Friday, except Federal holidays. requires that each guidance document regulatory guidance concerning the The on-line Federal document issued by FMCSA have a date of ‘‘Commercial Driver’s License management system is available 24 issuance or a date of revision, as Standards; Requirements and Penalties’’ hours each day, 365 days each year. If applicable, and include the name and and ‘‘State Compliance with you want acknowledgment that we contact information of a point of contact Commercial Driver’s License Program’’ received your comments, please include at the Agency who can respond to rules. FMCSA seeks comment a self-addressed, stamped envelope or questions regarding the guidance. In specifically on the deletion of 47 postcard or print the acknowledgement addition, this section of the FAST Act FMCSA guidance statements because: page that appears after submitting requires that each guidance document The rule is clear and further guidance is comments on-line. issued or revised by FMCSA be not needed; the deleted guidance was Privacy Act: In accordance with 5 published on a publicly accessible unclear; the deleted guidance is U.S.C. 553(c), DOT solicits comments internet website of the Department on duplicative of other guidance from the public to better inform its the date of issuance or revision. As a statements; or the guidance is obsolete guidance process. DOT posts these result, these interpretations will also be due to rulemakings completed since the comments, without edit, including any published on FMCSA’s website at guidance was issued. In addition, other personal information the commenter www.fmcsa.dot.gov. guidance statements were revised for provides, to www.regulations.gov, as Further, Section 5203 requires that clarity and reorganized so that like described in the system of records not later than 5 years after the date on content is grouped together. While this notice (DOT/ALL–14 FDMS), which can which a guidance document is guidance is effective immediately, be reviewed at www.dot.gov/privacy. published under paragraph (a)(2) or FMCSA is also seeking comments on the during an applicable review under FOR FURTHER INFORMATION CONTACT: Mr. revisions to this guidance regarding subsection (c), whichever is earlier, the Selden Fritschner, CDL Division, commercial driver’s license standards, Secretary must revise regulations to Federal Motor Carrier Safety requirements, and penalties and may incorporate the guidance document to Administration, 1200 New Jersey issue additional changes if comments the extent practicable. FMCSA Avenue SE, Washington, DC 20590, demonstrate a need. It is noted, considered this requirement in making phone (202) 366–0677, email however, that the Commercial Driver’s deletions and edits to guidance where [email protected]. License (CDL) regulations are not the regulations themselves now fully amended. SUPPLEMENTARY INFORMATION: address questions answered by the Background guidance. For example, Question 4 DATES: Effective Date: The updated under section 383.73 clarifies that State guidance is effective on March 7, 2019. The Federal Motor Carrier Safety Driver Licensing Agencies (SDLAs) may Comment Date: Comments must be Regulations (FMCSRs) are located in facilitate the commercial learner’s received on or before May 7, 2019. chapter III of subtitle B of title 49 of the permit application process and to ADDRESSES: You may submit comments Code of Federal Regulations (49 CFR administer the commercial driver’s bearing the Federal Docket Management parts 350 through 399). FMCSA license general knowledge test to System (FDMS) Docket ID FMCSA– employs regulatory guidance statements individuals who are not domiciled in 2016–0429 using any of the following to explain how the Agency applies that State. FMCSA anticipates methods: particular regulations to specific facts. A publishing a rulemaking to incorporate Federal eRulemaking Portal: Go to guidance statement does not alter the the guidance document into the www.regulations.gov. Follow the on-line meaning of an FMCSR. Guidance regulations. This question would be instructions for submitting comments. statements are provided in question- removed from the guidance when that Mail: Docket Management Facility; and-answer format; statements rulemaking is complete. U.S. Department of Transportation, 1200 interpreting the same regulation are Section 5203 also requires that the New Jersey Avenue SE, West Building numbered (e.g., ‘‘Section 395.8, Administrator publish in the Federal Ground Floor, Room W12–140, Question 7’’). Register a notice and request for Washington, DC 0590–0001. The Agency notifies the public of comment that solicits input from Hand Delivery or Courier: West regulatory guidance through publication stakeholders on which guidance Building Ground Floor, Room W12–140, in the Federal Register. Over the years, documents should be updated or 1200 New Jersey Avenue SE, the Federal Highway Administration eliminated. Because improvement of Washington, DC, between 9 a.m. and 5 (FHWA), FMCSA’s predecessor agency, guidance documents is a focus for all

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components of the Department (not just 350–382 and 385–399). Any such of these guidance changes. It should be FMCSA), DOT will publish a Federal revisions shall be the subject of separate noted that the guidance published today Register document inviting public future Federal Register documents. does not include all of the deletions comments on which DOT guidance The Agency also tasked its Motor recommended by MCSAC because the (from any DOT operating Carrier Safety Advisory Committee Agency believes some of the guidance administration) should be updated or (MCSAC) 1 with reviewing the existing still has value. In other cases, FMCSA eliminated. In addition, FMCSA is also guidance statements to obtain proposes to delete guidance not reviewing its interpretations and stakeholders’ views prior to making the recommended for deletion by MCSAC. guidance incrementally, starting with preliminary decision concerning the Regulatory Guidance Previously parts 383 and 384. This document deletion, revision, and reorganization of Deleted serves as a separate request for guidance statements. The MCSAC comments and input on guidance for provided recommendations to FMCSA Since the 1997 comprehensive these specific parts. on November 21, 2016, which are publication, the guidance noted on the In response to the FAST Act, FMCSA available in the docket listed at the table below was deleted pursuant to the is also reviewing the guidance beginning of this document. The cited Federal Register documents. statements for 49 CFR part 325 MCSAC recommendations included FMCSA restates those deletions in Table (Compliance with Interstate Motor guidance statements for 49 CFR parts 1 of this document as subsequent Carrier Noise Emission Standards) and 383 and 384. FMCSA reviewed the regulatory publications did not properly the rest of the FMCSRs (49 CFR parts MCSAC final report in the development reflect those deletions.

TABLE 1—DELETIONS BY FINAL RULE (DATE AND FEDERAL REGISTER EDITION NOTED)

Section Previous guidance numbers Previously deleted by:

383.5 ...... 3 and 4 ...... Final Rule titled ‘‘Gross Combination Weight Rating; Definition’’ dated March 19, 2014 (79 FR 15245). 383.23 ...... 1, 2, and 4 ...... Final Rule titled, ‘‘Commercial Driver’s License Testing and Commer- cial Learner’s Permit Standards dated May 9, 2011 (76 FR 26854). 383.73 ...... 11 ...... Final Rule titled, ‘‘Commercial Driver’s License Testing and Commer- cial Learner’s Permit Standards dated May 9, 2011 (76 FR 26854). 383.95 ...... 2 and 3 ...... Final Rule titled, ‘‘Commercial Driver’s License Testing and Commer- cial Learner’s Permit Standards dated May 9, 2011 (76 FR 26854). 383.113 ...... 1 and 2 ...... Final Rule titled, ‘‘Commercial Driver’s License Testing and Commer- cial Learner’s Permit Standards dated May 9, 2011 (76 FR 26854). 383.131 ...... 1 ...... Final Rule titled, ‘‘Commercial Driver’s License Testing and Commer- cial Learner’s Permit Standards dated May 9, 2011 (76 FR 26854). 383.133 ...... 1, 2 and 3 ...... Final Rule titled, ‘‘Commercial Driver’s License Testing and Commer- cial Learner’s Permit Standards dated May 9, 2011 (76 FR 26854). 383.153 ...... 1, 2, 3, 4, 5, 6 and 7 ...... Final Rule titled, ‘‘Commercial Driver’s License Testing and Commer- cial Learner’s Permit Standards dated May 9, 2011 (76 FR 26854).

Regulatory Guidance Deleted by This FMCSA deletes 47 regulatory sections in parts 383 and 384 of the CDL Document guidance statements that interpret regulations as shown in Table 2.

TABLE 2—DELETIONS BY SECTION AND QUESTION NUMBER

Previous question numbers now 49 CFR section deleted

383.3 ...... 3, 5, 7, 11, 14, 17, 18, 32. 383.5 ...... 6, 8, 10. 383.21 ...... 1. 383.23 ...... 3. 383.37 ...... 1, 2. 383.51 (General) ...... 7, 8. 383.51 (Alcohol) ...... 1, 4, 5. 383.71 ...... 1, 2, 3, 4. 383.73 ...... 1, 2, 3, 4, 6, 9, 10, 11. 383.77 ...... 1, 2. 383.93 ...... 1, 3, 5, 11, 12. 383.95 ...... 1. Special Topics (Motorcoaches) ...... 1. Special Topics (State Reciprocity) ...... 1, 2, 3. Special Topics (International) ...... 1. 384.209 ...... 1. 384.211 ...... 1.

1 See https://www.fmcsa.dot.gov/advisory- committees/mcsac/welcome-fmcsa-mcsac.

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The reason for the particular deletion is set forth in Table 3 below:

TABLE 3—REASONS FOR DELETIONS

49 CFR section Previous guidance numbers Reason

383.3 ...... 3, 7, 14, 32 ...... Issue addressed in deleted question is more accurately addressed in other, retained guidance. 383.93 ...... 1, 3. 383.95 ...... 1. Special Topics (State Reciprocity) .. 2. 383.3 ...... 5, 11 ...... Language of the regulation is clear on the issue. 383.5 ...... 10. 383.23 ...... 3. 383.37 ...... 1, 2. 383.73 ...... 2, 11. 383.77 ...... 2. 383.93 ...... 12. 383.3 ...... 18 ...... Current regulation makes these questions obsolete. 383.5 ...... 8. 383.21 ...... 1. 383.51 (General) ...... 7, 8. 383.51 (Alcohol) ...... 4, 5. 383.71 ...... 1. 383.73 ...... 1, 6, 9, 10. 383.77 ...... 1. 383.93 ...... 5, 11. Special Topics (Motorcoaches) ...... 1. Special Topics (State Reciprocity) .. 1. 384.209 ...... 1. 384.211 ...... 1. 383.5 ...... 6 ...... Either the question, answer, or both were unclear and the regulation is clear on the issue. 383.71 ...... 2, 3. 383.73 ...... 4. Special Topics (State Reciprocity) .. 3. 383.51 (Alcohol) ...... 1 ...... Irrelevant to any regulatory language within this part. 383.71 ...... 4. 383.3 ...... 17 ...... Restates the language of the regulation, and, therefore, does not clarify the rule. Special Topics (International) ...... 1 ...... Obsolete. On February 25, 2016, the Government of Mexico published an accord that changed the validity of the Mexican licenses.

Regulatory Guidance Added TABLE 4—NEW GUIDANCE ADDED sections in parts 383 and 384 and makes number changes only to 24 other FMCSA adds two regulatory guidance 49 CFR section New guidance guidance statements. Technical statements that interpret sections in the number corrections are minor ministerial part 383 CDL regulations. These new changes, for example, changing statements were developed in response 383.91 ...... 6 383.113 ...... 1 references to ‘‘FHWA’’ to ‘‘FMCSA,’’ to requests for guidance from the States updating regulatory citations, or making and others. The new guidance Regulatory Guidance Revised/ minor grammatical changes. The revised statements are in Table 4. Renumbered or renumbered guidance statements are FMCSA revises 55 regulatory in Table 5: guidance statements that interpret

TABLE 5—GUIDANCE REVISED OR RENUMBERED

Previous Section guidance Changes New guidance number number

383.3 ...... 1 ...... Technical correction ...... 1. 383.3 ...... 2 ...... Technical correction ...... 2. 383.3 ...... 4 ...... Number change only; no substantive change ...... 3. 383.3 ...... 6 ...... Text of guidance to previous Question 7 was added to 4. this guidance and number change. 383.3 ...... 8 ...... Technical correction and number change ...... 5. 383.3 ...... 9 ...... Technical correction and number change ...... 6. 383.3 ...... 10 ...... Technical correction and number change ...... 7. 383.3 ...... 12 ...... Number change only; no substantive change ...... 8. 383.3 ...... 13 ...... Technical correction and number change ...... 9.

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TABLE 5—GUIDANCE REVISED OR RENUMBERED—Continued

Previous Section guidance Changes New guidance number number

383.3 ...... 14 ...... Technical correction and number change ...... § 383.93, Question 1. 383.3 ...... 15 ...... Technical correction and number change ...... 10. 383.3 ...... 16 ...... Technical correction and number change ...... 11. 383.3 ...... 19 ...... Number change only; no substantive change ...... 12. 383.3 ...... 20 ...... Number change only; no substantive change ...... 14. 383.3 ...... 21 ...... Number change only; no substantive change ...... 13. 383.3 ...... 22 ...... Number change only; no substantive change ...... 16. 383.3 ...... 23 ...... Number change only; no substantive change ...... 17. 383.3 ...... 24 ...... Number change only; no substantive change ...... 18. 383.3 ...... 25 ...... Technical correction and number change ...... 19. 383.3 ...... 26 ...... Technical correction and number change ...... 15. 383.3 ...... 27 ...... Technical correction and number change ...... 20. 383.3 ...... 28 ...... Technical correction and number change ...... 21. 383.3 ...... 29 ...... Edited to improve accuracy and number change ...... 22. 383.3 ...... 30 ...... Edited to improve accuracy and number change ...... 23. 383.3 ...... 31 ...... Edited to improve accuracy and number change ...... 24. 383.3 ...... 33 ...... Number change only; no substantive change ...... 26. 383.5 ...... 1 ...... Technical correction ...... 1. 383.5 ...... 2 ...... Number change only; no substantive change ...... 6. 383.5 ...... 5 ...... Technical correction and number change ...... 2. 383.5 ...... 7 ...... Technical correction and number change ...... 3. 383.5 ...... 9 ...... Technical correction and number change ...... 4. 383.5 ...... 11 ...... Technical correction and number change ...... 5. 383.5 ...... 12 ...... Technical correction and number change ...... 7. 383.5 ...... 13 ...... Number change only; no substantive change ...... 8. 383.5 ...... 14 ...... Number change only; no substantive change ...... 9. 383.21 ...... 2 ...... Number change only; no substantive change ...... 1. 383.23 ...... 5 ...... Technical correction and number change ...... 1. 383.31 ...... 1 ...... Technical correction ...... 1. 383.33 ...... 1 ...... Technical correction ...... 1. 383.37 ...... 3 ...... Technical correction and number change ...... 1. 383.37 ...... 4 ...... Updated pursuant to 67 FR 49742, ‘‘Commercial Driv- 2. er’s License Standards, Requirements, and Pen- alties; Commercial Driver’s License Program Im- provement and Noncommercial Motor Vehicle Viola- tions Final Rule,’’ July 31, 2002 and number change. 383.51—General Questions 1 ...... Updated pursuant to 67 FR 49742, ‘‘Commercial Driv- 1. er’s License Standards, Requirements, and Pen- alties; Commercial Driver’s License Program Im- provement and Noncommercial Motor Vehicle Viola- tions Final Rule,’’ July 31, 2002. 383.51—General Questions 2 ...... Technical correction and number change ...... 3. 383.51—General Questions 3 ...... Technical correction and number change ...... 5. 383.51—General Questions 4 ...... No changes ...... 4. 383.51—General Questions 5 ...... Technical correction and number change ...... 2. 383.51—General Questions 6 ...... Updated pursuant to 67 FR 49742, ‘‘Commercial Driv- 7. er’s License Standards, Requirements, and Pen- alties; Commercial Driver’s License Program Im- provement and Noncommercial Motor Vehicle Viola- tions Final Rule,’’ July 31, 2002. 383.51—Alcohol Questions 2 ...... Technical correction and number change ...... 1. 383.51—Alcohol Questions 3 ...... Technical correction and number change ...... 2. 383.51—Alcohol Questions 6 ...... Updated pursuant to 67 FR 49742, ‘‘Commercial Driv- § 383.51, General Question er’s License Standards, Requirements, and Pen- 6. alties; Commercial Driver’s License Program Im- provement and Noncommercial Motor Vehicle Viola- tions Final Rule,’’ July 31, 2002 and number change. 383.51—Alcohol Questions 7 ...... Technical correction and number change ...... § 383.51, General Question 8. 383.51—Alcohol Questions 8 ...... Technical correction and number change ...... § 383.51, General Question 9. 383.71 ...... 4 ...... Technical correction and number change ...... 1. 383.73 ...... 5 ...... Number change only; no substantive change ...... 1. 383.73 ...... 7 ...... Technical correction and number change ...... 2. 383.73 ...... 8 ...... Number change only; no substantive change ...... 3. 383.73 ...... NA-New as of August 11, Assigned guidance number; no substantive change or 4. 2017. See 82 FR 36101. technical corrections.. 383.75 ...... 1 ...... Technical correction ...... 1.

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TABLE 5—GUIDANCE REVISED OR RENUMBERED—Continued

Previous Section guidance Changes New guidance number number

383.75 ...... 2 ...... Updated pursuant to 76 FR 26854, ‘‘Commercial Driv- 2. er’s License Testing and Commercial Learner’s Per- mit Standards Final Rule,’’ May 9, 2011.. 383.75 ...... 3 ...... Technical correction ...... 3. 383.91 ...... 2 ...... Technical correction ...... 2. 383.91 ...... 4 ...... Technical correction ...... 4. 383.91 ...... 5 ...... Technical correction ...... 5. 383.93 ...... 383.3, Question 14 ...... Technical correction and number change ...... 1. 383.93 ...... 2 ...... Number change only; no substantive change ...... 5. 383.93 ...... 4 ...... Technical correction and number change ...... 2. 383.93 ...... 7 ...... Number change only; no substantive change ...... 3. 383.93 ...... 8 ...... Number change only; no substantive change ...... 7. 383.93 ...... 9 ...... Technical correction and number change ...... 4. 383.93 ...... 10 ...... Number change only; no substantive change ...... 8. 383.93 ...... 13 ...... Number change only; no substantive change ...... 9. 383.93 ...... 14 ...... Technical correction and number change ...... 10. 383.93 ...... 15 ...... Number change only; no substantive change ...... 11. 383.93 ...... 383.3, Question 34 ...... Technical correction and number change ...... 12. 383.95 ...... 4 ...... Technical correction and number change ...... 1. 383.153 ...... 8 ...... Technical correction and number change ...... 1. Special Topics— 2 ...... Technical correction and number change ...... 1. Motorcoaches and CDL. 384.209 ...... 2 ...... Number change only; no substantive change...... 1. 384.231 ...... 1 ...... Technical correction ...... 1.

Current Guidance Question 3: Does part 383 apply to meet the testing and licensing The guidance published today in this drivers of vehicles used in ‘‘van pools’’? requirements of the CDL program? document uses the following Guidance: Yes, if the vehicle is Guidance: Yes, because such vehicles abbreviations: designed to transport 16 or more people are designed to be operated on the (including the driver) or has a GVWR or public highways, they do not qualify as Commercial Driver’s License—CDL GVW, whichever is higher, of 26,001 off-road construction equipment. Commercial Motor Vehicle—CMV pounds or more. Question 6: May a State require Commercial Motor Vehicle Safety Act of Question 4: Does off-road motorized persons operating recreational vehicles 1986—CMVSA or other CMVs used by groups of Farm-Related Service Industries—FRSI construction equipment meet the definitions of ‘‘motor vehicle’’ and people, including family members, for Federal Motor Carrier Safety non-business purposes to have a CDL? Administration—FMCSA ‘‘commercial motor vehicle’’ as used in Guidance: Yes. States may extend the Federal Motor Carrier Safety § 383.5 and 49 CFR 390.5? CDL requirements to drivers of Regulations—FMCSRs Guidance: No. Off-road motorized construction equipment is outside the recreational vehicles and other vehicles Gross Combination Weight Rating— used for non-business purposes. GCWR scope of these definitions when (1) Question 7: Does a driver of either a Gross Vehicle Weight—GVW operated at construction sites; or (2) tractor trailer or a straight truck that is Gross Vehicle Weight Rating—GVWR operated on a public road open to converted into a mobile office need a Hazardous Materials—HM unrestricted public travel, provided the equipment is not used in furtherance of CDL? PART 383—COMMERCIAL DRIVER’S a transportation purpose. Occasionally Guidance: Yes, if the vehicle meets LICENSE STANDARDS; driving such equipment on a public the definition of a CMV in § 383.5. REQUIREMENTS AND PENALTIES road to reach or leave a construction site Question 8: Are State, county and does not amount to furtherance of a municipal workers operating CMVs Regulatory Guidance for 49 CFR 383.3 transportation purpose. The definition required to obtain CDLs? Applicability of off-road motorized construction Guidance: Yes, unless they are Question 1: Is a school or church bus equipment is to be narrowly construed waived by the State under the driver required to obtain a CDL? and limited to equipment which, by its firefighting and emergency equipment Guidance: Yes, if the driver operates design and function is obviously not exemption in § 383.3(d). a vehicle designed to transport 16 or intended for use, nor is it used on a Question 9: Do the regulations require more people (including the driver) or public road in furtherance of a that a person driving an empty school that has a GVWR or GVW, whichever is transportation purpose. Examples of bus from the manufacturer to the local higher, of 26,001 pounds or more. such equipment include motor scrapers, distributor obtain a CDL? Question 2: Do mechanics, shop help, backhoes, motor graders, compactors, Guidance: Yes. Any driver of a bus and other occasional drivers need a tractors, trenchers, bulldozers and that is designed to transport 16 or more CDL? railroad track maintenance cranes. persons, or that has a GVWR of 26,001 Guidance: Yes, if the vehicle is a CMV Question 5: Do operators of motorized pounds or more, is required to obtain a and is operated or test-driven on a cranes and vehicles used to pump CDL in the applicable class with a public highway. cement at construction sites have to passenger endorsement. This includes

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drivers transporting empty school buses from its point of manufacture to its Question 20: May a farmer who meets on a public highway. launch site by ‘‘driving’’ the ‘‘vehicles’’ all of the conditions for a farm waiver Question 10: Are public transit short distances on public roads at be waived from the CDL requirements employees known as ‘‘hostlers,’’ who speeds of five miles per hour or less. when transporting another farmer’s maintain and park transit buses on This is only incidental to their primary products absent any written or verbal transit system property, subject to CDL functions; the SCTS is not designed to contract? requirements? operate in traffic; and its mechanical Guidance: No. If a farmer is Guidance: No, as long as they do not manipulation often requires a different transporting another farmer’s products operate on public highways. set of knowledge and skills. In most and being paid for doing so, directly or Question 11: Are drivers of non- instances, the SCTS has to be specially indirectly, he or she is acting as a for- military amphibious landing craft that marked, escorted, and attended by hire carrier and does not meet the are usually used in water but numerous observers. conditions for a farm waiver. The occasionally used on a public highway, Question 15: Do active duty military existence of contract, written or verbal, such as those used for sightseeing tours, personnel, not wearing military is not relevant to the CDL waiver subject to the CDL requirements? uniforms, qualify for a waiver from the provisions. Guidance: Yes, if they are designed to CDL requirements if the CMVs are rental Question 21: May a State exempt transport 16 or more passengers trucks or leased buses from the General CMV drivers employed by a including the driver or have a GVWR or Services Administration? partnership, corporation or an GVW, whichever is higher, of 26,001 Guidance: Yes. The drivers in association engaged in farming from the pounds or more. question do not need to be in military CDL requirements under the farmer Question 12: Must a civilian operator uniforms to qualify for the waivers if waiver (§ 383.3(d)) or is the waiver only of a CMV, as defined in § 383.5, who they are on active duty and performing available to drivers employed by a operates wholly within a military a military function. family-owned farm? facility open to public travel, have a Question 16: May fuel be considered Guidance: Yes. Since farming CDL? ‘‘farm supplies’’ as used in partnerships, corporations, and Guidance: Yes, a civilian operator of § 383.3(d)(1)? associations are legal ‘‘persons,’’ States a CMV, who operates wholly within a may exempt drivers working for these military facility open to public travel, Guidance: Yes. The decision to grant the waiver is left to each individual organizations from the CDL must have a CDL. The CDL requirement requirements, provided they can operate applies to every person who operates a State. Question 17: Is the transportation of within the waiver conditions. CMV in interstate, foreign or intrastate Question 22: May a State exempt seed-cotton modules from the cotton commerce. If the road, whether on CMV drivers employed by farm field to the gin by a module transport military or other private property, is cooperatives from the CDL requirements vehicle considered a form of custom open to public travel, vehicles traveling under the farmer waiver (§ 383.3(d))? upon it are operating in interstate, harvesting activity that may be included Guidance: No. The waiver covers only foreign or intrastate commerce. under the FRSI waiver (§ 383.3(f))? operators of farm vehicles which are Question 13: Are police officers who Guidance: Yes. The transportation of controlled and operated by ‘‘farmers’’ as operate buses and vans which are seed-cotton modules from field to gin defined in 49 CFR 390.5. The waiver designed to transport 16 or more may, at the State’s discretion, be does not extend to ancillary businesses, passengers, including the driver, and are considered as custom harvesting and like cooperatives, that provide farm- used to transport police officers during therefore eligible for the FRSI waiver. related services to members. demonstrations and other crowd control However, cotton ginning operations as Question 23: Is a person who grows activities required to obtain a CDL? an industry, and specifically the sod as a business considered a farmer Guidance: Not necessarily. A State transport of cotton from the gin, are not and eligible for the farmer waiver? may, in its discretion, under § 383.3(d), eligible activities under the FRSI waiver Guidance: Yes, the State has the exempt persons who operate CMVs because these activities are not discretion to recognize the growing of necessary for the preservation of life or considered appropriate elements of sod as a farming activity and to provide property or the execution of emergency custom harvesting. an exemption under the farmer waiver governmental functions. These vehicles Question 18: May a State (1) require in § 383.3. must be equipped with audible and an applicant for a CDL farmer waiver Question 24: Would a tillerman, a visual signals and may include Special (§ 383.3(d)) to take HM training as a person exercising control over the Weapons and Tactics (SWAT) team condition for being granted a waiver; steerable rear axle(s) on a CMV, be vehicles and other vehicles used in and (2) reduce the 150-mile provision in considered a driver or a person who response to emergencies. the waiver to 50 miles if the driver is operates a CMV and be subject to Question 14: Does the FMCSA transporting HM? applicable CDL regulations? include the Space Cargo Transportation Guidance: Yes. The Federal farm Guidance: Yes. A person physically System (SCTS) off-road motorized waiver is permissive, not mandatory. located on the rear of a manned CMV military equipment under the Question 19: Are custom harvesters who controls a steerable rear axle while definitions of ‘‘motor vehicle’’ and who harvest trees for tree farmers the CMV is moving at highway speeds ‘‘commercial motor vehicle’’ as used in eligible to be considered ‘‘custom would be considered a person who § 383.5? harvesters’’ for purposes of the FRSI operates a CMV, and would, therefore, Guidance: No. Although the SCTS has waiver from selected CDL requirements? be subject to the applicable CDL vehicular aspects (it is mechanically Guidance: Yes, if the State considers regulations in part 383. A person propelled on wheels), the SCTS is a business that harvests trees for tree walking beside a CMV or riding in an obviously incompatible with highway farmers to be a custom harvesting escort car while controlling a steerable traffic and is found only at locations operation, then its employees could rear axle at slow speeds would not be adjacent to military bases in California qualify for the FRSI-restricted CDLs, considered a person who operates a and Florida, and is operated by skilled subject to the limitations of the waiver CMV, and, therefore, would not be technicians. The SCTS is moved to and provisions in § 383.3(f). subject to applicable CDL regulations.

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Regulatory Guidance for 49 CFR 383.5 Question 6: Are rubberized Guidance: No. The definition of ‘‘tank Definition collapsible containers or ‘‘bladder bags’’ vehicle’’ does not cover the Question 1: attached to a trailer considered a tank transportation of empty IBCs or other a. Does ‘‘designed to transport’’ as vehicle, thus requiring operators to tanks, or empty tanks when these used in the definition of a CMV in obtain a CDL with a tank vehicle containers are manifested either as § 383.5 mean original design or current endorsement? empty or as residue on a bill of lading, design when a number of seats are Guidance: Yes. and are actually empty or contain only removed? Question 7: A driver operates a residue. Furthermore, the definition of b. If all of the seats except the driver’s combination vehicle with a GCWR of tank vehicle does not cover the seat are removed from a vehicle 26,001 pounds or more. The tractor is transportation of empty storage tanks that are not designed for transportation originally designed to transport only towing a semitrailer and a full trailer, and have a rated capacity of 1,000 passengers to convert it to a cargo- each with a GVWR of less than 10,000 gallons or more, that are temporarily carrying vehicle, does this vehicle meet pounds. Is this combination a Group A attached to a flatbed vehicle. the definition of a CMV in § 383.5? vehicle that requires a driver with a Guidance: Class A CDL? Regulatory Guidance for 49 CFR a. ‘‘Designed to transport’’ means the Guidance: Yes. The GVWR for 383.21—Number of Drivers’ Licenses multiple towed units are added to original design. Removal of seats does Question 1: Is a person from Puerto not change the design capacity of the determine whether the 10,000 pound GVWR threshold has been met. If the Rico required to surrender his or her CMV so long as it still transports driver’s license in order to obtain a non- total GVWR for the two trailers is more passengers. domiciled CDL? than 10,000 pounds, and the tractor’s b. No, unless this modified vehicle Guidance: No. Since Puerto Rico and has a GVWR or GVW, whichever is GVWR is sufficient to produce a GCWR the U.S. Territories are not included in higher, of 26,001 pounds or more, or is of at least 26,001 pounds, the the definition of a State in section 12016 used to transport placarded HM. This combination is a Group A vehicle of the CMVSA (49 U.S.C. 31301(14)), vehicle shall not transport passengers. requiring a driver with a Class A CDL they must be considered foreign Only the driver may occupy this with a double/triple trailers countries for purposes of the CDL converted vehicle. endorsement. requirements. Under part 383, a person Question 2: When a State agency For example, a combination vehicle domiciled in a foreign country is not contracts with private parties for with a GCWR of 36,000 pounds includes required to surrender his or her foreign services involving the operation of a semitrailer and a trailer, each of which license in order to obtain a non- CMVs, is the State agency or contractor has a GVWR of 6,000 pounds. This is a domiciled CDL. There are two reasons considered the employer? Group A vehicle having a Gross GCWR for permitting this dual licensing to a Guidance: For the purposes of part of 36,000 pounds inclusive of two person domiciled in Puerto Rico: (a) 383, if the contractor employs towed units having a combined GVWR There is no reciprocal agreement with individuals and assigns and monitors of 12,000 pounds. Puerto Rico recognizing its CMV testing their driving tasks, the contractor is Question 8: On May 9, 2011, FMCSA and licensing standards as equivalent to considered the employer. If the State revised the definition of ‘‘tank vehicle’’ the standards in part 383, and (b) the agency assigns and monitors driving to include any CMV that is designed to non-domiciled CDL may not be tasks, then the State agency is the transport any liquid or gaseous recognized as a valid license to drive in employer. materials within a tank or tanks having Puerto Rico. Question 3: Does the definition of a an individual rated capacity of more CMV in § 383.5 of the CDL requirements than 119 gallons or more that is either Regulatory Guidance for 49 CFR include parking lot and/or street permanently or temporarily attached to 383.23—Commercial Driver’s License sweeping vehicles and is a driver of the vehicle or the chassis. Does the new Question 1: May a foreign driver with such a vehicle required to have a CDL? definition include loaded Intermediate an employment authorization document Guidance: If the GVWR of a parking Bulk Containers (IBCs) or their tanks obtain a CDL to operate a CMV in the lot or street sweeping vehicle is 26,001 temporarily attached to a CMV? United States? pounds or more, it is a CMV under Guidance: Yes. The new definition is Guidance: Yes. A foreign driver § 383.5. If the vehicle is operated on a intended to cover (1) a vehicle holding an employment authorization public highway, the driver would need transporting an IBC or other tank used document or an unexpired foreign a CDL. for any liquid or gaseous materials with passport accompanied by an approved Question 4: One definition of CMV is an individual rated capacity of 1,000 Customs and Border Protection (CBP) I– a vehicle ‘‘designed to transport’’ 16 or gallons or more that is either 94 Arrival/Departure Record may obtain more passengers, including the driver. permanently or temporarily attached to a non-domiciled CDL. However, drivers Does that include standing passengers if the vehicle or chassis; or (2) a vehicle who are citizens of Canada and Mexico the vehicle was specifically designed to used to transport multiple IBCs or other are not eligible for non-domiciled CDLs accommodate standees? tanks having an individual rated because FMCSA has determined that Guidance: No. ‘‘Designed to capacity of more than 119 gallons and commercial licenses issued by Canadian transport’’ refers only to the number of an aggregate rated capacity of 1,000 provinces and territories, and the designated seats; it does not include gallons or more that are permanently or United Mexican States, are in areas suitable, or even designed, for temporarily attached to the vehicle or accordance with the standards standing passengers. the chassis. established by our rules. Therefore, all Question 5: Must operators of motor Question 9: On May 9, 2011, FMCSA Mexican and Canadian drivers must graders or motor scrapers obtain CDLs revised the definition of ‘‘tank vehicle.’’ have an appropriate commercial license and be subject to controlled substances Does the new definition cover the from his or her home country. Finally, and alcohol testing if they operate the transportation of empty Intermediate a foreign driver who is in this country equipment on public roads? Bulk Containers (IBCs) or other tanks, or on an employment authorization Guidance: No. empty storage tanks? document or an unexpired foreign

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passport accompanied by an approved disqualification period set by the State the CMV is required by State law to stop CBP I–94 Arrival/Departure Record may or FMCSA is completed. after an accident and either give not obtain a resident CDL since he or Question 2: Is a driver who has a CDL information to the other party, render she is not ‘‘domiciled’’ in a U.S. State, and has been convicted of a felony aid, or attempt to locate and notify the as defined in § 383.5 (‘‘State of disqualified from operating a CMV operator or owner of other vehicles domicile’’). under the FMCSRs? involved in the accident. Guidance: Not necessarily. The Question 5: If a CDL holder commits Regulatory Guidance for 49 CFR FMCSRs do not prohibit a driver who an offense that would normally be 383.31—Notification of Convictions for has been convicted of a felony from disqualifying, but the CDL holder is Driver Violations operating a CMV unless the offense driving under the farm waiver in Question 1: Must an operator of a involved the use of a motor vehicle, § 383.3(d)(1), must the conviction result CMV (as defined in § 383.5), who holds either a CMV or a non-CMV. (Table 1 to in a disqualification and action against a CDL, notify his/her current employer § 383.51(b)) the CDL holder? of a conviction for violating a State or Regulatory Guidance for 49 CFR Guidance: Yes. A CDL holder is local (non-parking) traffic law in any subject to the disqualification type of motor vehicle, as required by 383.51—Disqualification of Drivers– General Questions requirements, even if the CDL holder is § 383.31(b), even though the conviction not operating a CMV or a vehicle is under appeal? Question 1: requiring the CDL when the offense Guidance: Yes. The taking of an a. If a CDL holder was convicted of occurs. appeal does not vacate or annul the one ‘‘excessive speeding’’ (15 or more Question 6: Is a driver who possesses conviction, nor does it stay the miles over the speed limit) violation in a valid CDL issued by his/her State of notification requirements of § 383.31. a CMV and the same violation in his/her domicile, but who is suspended by The driver must notify his/her employer personal vehicle, would the driver be another State for reasons unrelated to within 30 days of the date of the disqualified? Or, the violation of a motor vehicle traffic b. If a CDL holder was convicted of conviction. control law, disqualified from operating two separate ‘‘excessive speeding’’ (15 a CMV? Regulatory Guidance for 49 CFR or more miles over the speed limit) Guidance: No. Section 383.5 defines 383.33—Notification of Driver’s License violations in his/her personal passenger the term ‘‘Disqualification’’ for CDL Suspensions vehicle, would the driver be holders and limits the basis of out-of- Question 1: When a driver (a) receives disqualified? State disqualifications to those resulting an Administrative Order of Suspension Guidance: Yes, in both cases, if the from a conviction for a violation of State due to a blood alcohol reading in excess second offense was within 3 years of the or local law relating to motor vehicle of the legal limit with notice that the first. Whether the vehicle is a CMV is traffic control (other than parking, suspension is not to be effective until 45 irrelevant. vehicle weight or vehicle defect days after the notice or after an Question 2: If a State disqualifies a violations). administrative hearing, and (b) a hearing driver for two convictions for serious is subsequently held, in effect traffic violations under § 383.51 and that Question 7: May a State issue a suspending the license, what is the driver is then reinstated and commits a ‘‘conditional,’’ ‘‘occupational’’ or effective date of suspension for third serious violation, what additional ‘‘hardship’’ license that includes CDL purposes of notifying the employer period of disqualification must be driving privileges when a CDL holder under § 383.33? imposed on that driver? loses driving privileges to operate a Guidance: The effective date of the Guidance: If the third violation for a private passenger vehicle (non-CMV)? suspension is the date given the serious violation occurs within 3 years Guidance: No. Under 49 CFR 384.210, employee in the Administrative Order of the original violation and the driver a State may not knowingly issue a CLP, of Suspension. For the purpose of is convicted of the third violation, then CDL, or a commercial special license or notifying the employer, the employee the driver must be disqualified for an permit (including a provisional or must notify his or her employer by the additional 120 days. temporary license) permitting a person end of the next business day of Question 3: Section 383.51 of the to drive a CMV during a period in receiving the Administrative Order of FMCSRs disqualifies a driver if certain which the CLP or CDL holder’s Suspension. offenses were committed while noncommercial driving privilege has operating a CMV. Will the States be been disqualified. Regulatory Guidance for 49 CFR required to identify on the motor Question 8: Must the State use the 383.37—Employer Responsibilities vehicle driver’s record the class of date of conviction, rather than the Question 1: If an individual driver vehicle being operated when a violation offense date, to calculate the starting had two convictions for serious traffic occurs? and ending dates for the driver violations while driving a CMV, and Guidance: No, the State must only disqualification period specified in neither the FMCSA nor his/her State identify whether the violation occurred § 383.51? licensing agency took any in a CMV, not the specific class of CMV. Guidance: Yes, the State must use the disqualification action, does the motor The only other indication that is date of conviction or a later date, rather carrier have any obligation under required is if the vehicle was carrying than the offense date, as the basis for FMCSA regulations to refrain from HM as defined in § 383.5. calculating the starting and ending dates using the driver for 60 days? If so, when Question 4: What is meant by leaving for the driver disqualification period. does that time period begin? the scene of an accident involving a The use of the conviction date or a later Guidance: No. The motor carrier’s CMV? date ensures that the driver receives due responsibility under § 383.37(a) to Guidance: As used in part 383, the process of law but still serves the full refrain from using the driver begins only disqualifying offense of ‘‘leaving the disqualification required. when it learns of a disqualification scene of an accident involving a CMV’’ Question 9: Must the State use the action imposed by FMCSA or the State is all-inclusive and covers the entire offense date or the conviction date to agency and continues until the range of situations where the driver of determine if two or more serious traffic

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convictions occurred within a 3-year Question 2: May a State allow an administered by the State and not by a period? applicant to keep his/her current valid third party. Guidance: The State must use the State license when issued a FRSI- Question 2: Do third party skills test offense dates to determine if two or restricted CDL? examiners have to meet all the more serious traffic convictions fall Guidance: No. That would violate the requirements of State-employed within the 3-year period specified in single-license requirement. examiners—i.e., all the State’s § 383.51, Table 2. Question 3: Does the word ‘‘issuing’’ qualification and training standards? Regulatory Guidance for 49 CFR as used in § 383.73(b) include both Guidance: Yes. Section 384.228 383.51—Disqualification of Drivers— temporary 60-day CDLs and permanent requires third party skills examiners to Alcohol Questions CDLs? meet the same qualification and training Guidance: Yes, the word ‘‘issuing’’ standards as State examiners to conduct Question 1: Is a driver disqualified for applies to all CLPs/CDLs whether they skills tests. driving a CMV while off-duty with a are temporary or permanent. Question 3: Do third party skills test blood alcohol concentration over 0.04 Question 4: May States accept examiners have to be qualified to percent? applications for a CLP from individuals administer skills tests in all types of Guidance: Yes. Any person driving a who are not domiciled in the State but CMVs? CMV, as defined in § 383.5, regardless of who receive CDL training within the Guidance: No, but they may the person’s duty status, must be State, and administer the knowledge test administer skills tests only in those disqualified if convicted of driving with to these individuals? types of CMVs for which they are a blood alcohol concentration over 0.04 Guidance: Yes. Section 383.73 does qualified. percent. not prohibit States from accepting and Question 2: Regulatory Guidance for 49 CFR processing CLP applications from Out- a. Does a receipt to drive issued 383.91—Commercial Motor Vehicle of-State applicants (e.g., individuals pursuant to the administrative license Groups who are not domiciled in the State but revocation (ALR) procedure authorize who receive training there) and Question 1: May a State expand a the continued operation of a CMV when administering the knowledge test to vehicle group to include vehicles that the license surrendered is a CDL? do not meet the Federal definition of the b. Does the acceptance of a receipt to such applicants, provided there is agreement between the testing State and group? drive place the CDL holder in violation Guidance: Yes, if (a) A person who of the one driver’s license requirement? the applicant’s State of domicile. In particular: (1) The testing State must tests in a vehicle that does not meet the Guidance: Federal standard for the Group(s) for a. Yes. The ALR procedure of taking administer the general knowledge test in which the issued CDL would otherwise possession of the driver’s CDL and accordance with part 383, subparts F, G, be valid, is restricted to vehicles not issuing a receipt to drive or other and H; (2) transmission of general meeting the Federal definition of such ‘‘temporary license’’ is valid under part knowledge test results and any other Group(s); and (b) The restriction is fully 383. The CDL that is being held by the supporting documentation shall occur explained on the license. State is still valid until the ALR period by a direct, secure, electronic means to Question 2: Is a driver of a begins. the State of domicile; and (3) in combination vehicle with a GCWR of b. The driver violates no CDL accordance with § 383.73(h), only the less than 26,001 pounds required to requirements for accepting the receipt State of domicile may create the CDLIS obtain a CDL, if the trailer’s GVWR is which may be used to the extent record and issue the physical CLP. more than 10,000 pounds? authorized. Ultimately, the responsibility for compliance with all requirements of Guidance: No, because the GCWR is Regulatory Guidance for 49 CFR §§ 383.71 and 383.73 remains with the less than 26,001 pounds. However, the 383.71—Driver Application Procedures State of domicile. Under § 383.79, States driver would need a CDL if the vehicle Question 1: May a CDL skills test of domicile are already required to is transporting HM, as defined in examiner conduct a driving skills test accept skills test results from other § 383.5, or if it is designed to transport administered in accordance with part States; this guidance clarifies that States 16 or more people, including the driver. 383 before a person subject to 49 CFR of domicile may (but are not required to) Question 3: Can a State which part 382 is tested for alcohol and accept knowledge test results from other expands the vehicle group descriptions controlled substances? States in the same manner. This in § 383.91 enforce those expansions on Guidance: Yes. A CDL skills test guidance shall not be construed to allow out-of-State CMV drivers by requiring examiner, including a third party a State to issue a CLP or CDL to an them to have a CDL? examiner, may administer a driving individual who is not domiciled in that Guidance: No. They must recognize skills test to a person subject to 49 CFR State. Both the CLP and the CDL must out-of-State licenses that have been part 382 without first testing him/her for be issued by the State of domicile, as validly issued in accordance with the alcohol and controlled substances. The required by 49 U.S.C. 31311(a)(12)(A). Federal standards and operative sole purpose of the CDL driving skills licensing compacts. Regulatory Guidance for 49 CFR Question 4: What CMV group is a test is to assess a person’s ability to 383.75—Third Party Testing operate a CMV. driver of an articulated motorcoach Question 1: May the CDL knowledge (bus) with a GVWR of 26,001 pounds or Regulatory Guidance for 49 CFR test be administered by a third party? more required to possess? 383.73—State Procedures Guidance: No. The third party testing Guidance: A driver of an articulated Question 1: Must a new State of provision found in § 383.75 applies only bus with a GVWR of 26,001 pounds or record accept the out-of-State driving to the skills portion of the testing more is required to possess a Class B record on CDL transfer applications and procedure. However, if an employee of CDL with the proper endorsement(s). include this record as a permanent part the State who is authorized to supervise Question 5: Do tow truck operators of the new State’s file? knowledge testing is present during the need CDLs? If so, in what vehicle Guidance: Yes. testing, then FMCSA regards it as being group(s)?

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Guidance: For CDL purposes, the tow Question 4: Do persons transporting dolly) need a doubles/triples truck and its towed vehicle are treated battery-powered forklifts need to obtain endorsement on his or her CDL? the same as any other powered unit an HM endorsement? Guidance: No. This combination is a towing a non-powered unit. Guidance: No, battery powered truck towing a single trailer. This • If the GCWR of the tow truck is vehicles and equipment are not required configuration does not require a driver 26,001 pounds or more and the towed to be placarded for transportation. to have a doubles/triples endorsement vehicle alone exceeds 10,000 pounds Question 5: Are drivers of double and on a CDL. GVWR, then the driver needs a Class A triple saddle mount combinations Question 10: Are drivers required to CDL. required to have the double/triple have both the ‘‘P’’ passenger and ‘‘S’’ • If the GVWR of the tow truck alone trailers endorsement on their CDLs? school bus endorsement if they are not is 26,001 pounds or more, and the Guidance: Yes, if the following transporting students when operating a driver either (a) drives the tow truck conditions apply: ‘‘school bus,’’ as defined in § 383.5? without a vehicle in tow, or (b) drives • There is more than one point of Guidance: No. Only drivers actually the tow truck with a towed vehicle of articulation in the combination; transporting pre-primary, primary, or 10,000 pounds or less GVWR, then the • The GCWR is 26,001 pounds or secondary school students from home to driver needs a Class B CDL. more; and school, from school to home, or to and • A driver of a tow truck or towing • The combined GVWR of the from school sponsored events in a configuration that does not fit either vehicle(s) being towed is in excess of school bus are required to have both the configuration description above requires 10,000 pounds. ‘‘P’’ and ‘‘S’’ endorsements. Only a ‘‘P’’ a Class C CDL only if he or she tows a Question 6: Does an unattached tote endorsement is required by drivers vehicle required to be placarded for HM or portable tank with a cargo capacity of delivering school buses from the on a ‘‘subsequent move,’’ i.e., after the 1,000 gallons or more meet the manufacturer, by mechanics and other initial movement of the disabled vehicle to the nearest storage or repair facility. definition of ‘‘portable tank’’ requiring a drivers operating empty school buses, Question 6: May a truck tractor (as tank vehicle endorsement on the and by drivers transporting students defined in 49 CFR 390.5) be driven on driver’s CDL? and/or adults to and from events that public roads by a driver with a Class B Guidance: Yes. are not sponsored by the school. CDL? Question 7: Is a driver who operates Question 11: Is a person who operates Guidance: Yes, but only if the truck a truck tractor pulling a heavy-haul a custom motorcoach in commerce with tractor is not pulling a towed unit trailer attached to the tractor by means a GVWR or GVW greater than 26,001 (trailer) that is in excess of 10,000 of a ‘‘jeep,’’ that meets the definition of pounds required to have a passenger pounds. a CMV under part 383 required to have endorsement for his or her CDL if the a CDL with a double/triple trailer vehicle is designed or used to transport Regulatory Guidance for 49 CFR endorsement? fewer than 16 passengers, including the 383.93—Endorsements Guidance: Yes. The ‘‘jeep,’’ also driver? Question 1: Are employees of a referred to as a load divider, is a short Guidance: Yes. The motorcoach is a governmental agency who drive frame-type trailer complete with upper Heavy Straight Vehicle (Group B) under emergency response vehicles that coupler, fifth wheel and undercarriage § 383.91 that is designed to transport transport HM in quantities requiring assembly and designed in such a passengers in commerce. The driver is, placarding subject to the CDL manner that when coupled to a therefore, required by § 383.93(b)(2) to regulations? semitrailer and tractor it carries a have a passenger endorsement. Guidance: No, if the vehicle is being portion of the trailer kingpin load while Question 12: Must the driver of an operated under the provisions of transferring the remainder to the empty tank vehicle that is being § 383.3(d)(2). tractor’s fifth wheel. transported from the manufacturer to a Question 2: Would the driver in the Question 8: Do tow truck operators local distributor or purchaser have a following scenarios be required to have who hold a CDL require endorsements tank endorsement on his or her CDL? a CDL with an HM endorsement? to tow ‘‘endorsable’’ vehicles? Guidance: The vehicle described a. A driver transports 1,001 or more Guidance: For CDL endorsement meets the definition of a tank vehicle pounds of Division 1.4 (Class C purposes, the nature of the tow truck and, therefore, the driver would need a explosive) materials in a vehicle with a operations determines the need for tank endorsement, unless the driver is GVWR of less than 26,001 pounds? endorsements: (1) transporting an empty tank and has b. A driver transports less than 1,001 • If the driver’s towing operations are in his or her possession a manifest that pounds of Division 1.4 materials in a restricted to emergency ‘‘first moves’’ states that the tank is empty or contains vehicle with a GVWR of less than from the site of a breakdown or crash to only a residue, or (2) the driver is 26,001 pounds? the nearest appropriate repair facility, c. The driver transports any quantity transporting empty storage tanks that then no CDL endorsement of any kind of Division 1.1, 1.2 or 1.3 (Class A or B are not designed for transportation and is required. have a rated capacity of 1,000 gallons or explosive) materials in any vehicle? • Guidance: If the driver’s towing operations more, that are temporarily attached to a a. Yes; unless the explosive is a 1.4S include any ‘‘subsequent moves’’ from flatbed vehicle. The driver does not explosive, which never requires one repair or disposal facility to need a manifest stating that the storage placarding. another, then endorsements requisite to tanks are empty or contain only residue. b. No. the vehicles being towed are required. Exception: Tow truck operators need Regulatory Guidance for 49 CFR c. Yes. 383.95—Air Brake Restrictions Question 3: Must all drivers of not obtain a passenger or school bus vehicles required to be placarded have endorsement. Question 1: May a driver with an air CDLs containing the HM endorsement? Question 9: Does a driver who brake restriction on his or her CDL Guidance: Yes, unless waived by the operates a straight truck equipped with operate a CMV equipped with a State, as allowed by the provisions of a pintle hook towing a full trailer (a hydraulic braking system that has an § 383.3. semitrailer equipped with a converter air-assisted parking brake release?

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Guidance: Yes. The air brake PART 384—STATE COMPLIANCE DEPARTMENT OF COMMERCE restriction applies only to the principal WITH COMMERCIAL DRIVER’S braking system used to stop the vehicle. LICENSE PROGRAM National Oceanic and Atmospheric Section 383.95(a) is not applicable to an Administration air-assisted mechanism to release the Regulatory Guidance for 49 CFR parking brake. 384.209 Notification of Traffic 50 CFR Part 679 Violations Regulatory Guidance for 49 CFR [Docket No. 170816769–8162–02] 383.113—Required Skills Question 1: Must the licensing agency RIN 0648–XG869 Question 1: May a driver use a truck establish a commercial driver record, tractor (as defined in 49 CFR 390.5) as including a CDLIS pointer record, for a Fisheries of the Exclusive Economic a representative vehicle for purposes of person holding a non-commercial Zone Off Alaska; Pacific Cod by Hook- completing the skills tests for a Class B license issued by that jurisdiction upon and-Line Catcher/Processors in the CDL? receiving notification of a conviction of Central Regulatory Area of the Gulf of Guidance: Yes, but only if the truck any offense committed while (illegally) Alaska operating a CMV? tractor has a GVWR of 26,001 pounds or AGENCY: National Marine Fisheries more. Guidance: Yes. Service (NMFS), National Oceanic and Regulatory Guidance for 49 CFR Regulatory Guidance for 49 CFR Atmospheric Administration (NOAA), 383.153—Information on the Document 384.231 Satisfaction of State Commerce. and Application Disqualification Requirement ACTION: Temporary rule; closure. Question 1: May a State issue a CDL Question 1: When accepting an SUMMARY: NMFS is prohibiting directed without a color photograph? applicant transferring from another fishing for Pacific cod by hook-and-line Guidance: Yes, if requiring a State whose record reveals a catcher/processors in the Central photograph (whether in color or black disqualifying conviction for which the Regulatory Area of the Gulf of Alaska and white) would violate a driver’s originating State did not take a (GOA). This action is necessary to religious beliefs. The issuing State must disqualifying action, is the transferee prevent exceeding the A season allowance of the 2019 Pacific cod total determine whether a driver’s objection State required to take the disqualifying allowable catch apportioned to hook- to a photograph has a genuine religious action? basis. and-line catcher/processors in the Guidance: Yes. Section 384.206(b)(1) Central Regulatory Area of the GOA. Regulatory Guidance for 49 CFR 383 requires a State, including a transferee Special Topics CDL Requirements DATES: Effective 1200 hours, Alaska State, to check the applicant’s driving local time (A.l.t.), March 5, 2019, Question 1: What skills test and record for the past 10 years in every through 1200 hours, A.l.t., June 10, restrictions are required for a CDL State where he/she was licensed. If 2019. holder seeking to add a passenger adverse information is discovered, FOR FURTHER INFORMATION CONTACT: Josh endorsement? § 384.206(b)(3) requires a State, Keaton, 907–586–7228. Guidance: The adding of an including a transferee State, to SUPPLEMENTARY INFORMATION: NMFS endorsement is considered a license ‘‘promptly implement the manages the groundfish fishery in the upgrade and is regulated by §§ 383.71(e) disqualifications . . . that are called for GOA exclusive economic zone and 383.73(e). The additional in any applicable section(s) of this according to the Fishery Management knowledge and skills testing subpart.’’ Section 384.231(a) makes the Plan for Groundfish of the Gulf of requirements for passenger requirements of § 384.206(b) applicable Alaska (FMP) prepared by the North endorsements are found at § 383.117. to the ‘‘State of licensure’’—which Pacific Fishery Management Council Three scenarios may arise when a CDL includes a transferee State under under authority of the Magnuson- holder applies for a passenger §§ 384.206(b)(1) and 384.231(b) then Stevens Fishery Conservation and endorsement: requires disqualifying action against a Management Act. Regulations governing a. The skills test is taken in a CDL holder who has been convicted of fishing by U.S. vessels in accordance passenger vehicle that is in the same a disqualifying offense committed after with the FMP appear at subpart H of 50 vehicle Class as the current CDL. In this the Federal compliance date for CFR part 600 and 50 CFR part 679. scenario, the CDL holder retains the disqualification for that offense, but has Regulations governing sideboard preexisting class of CDL and the not yet served the disqualification. protections for GOA groundfish passenger endorsement is added. Issued on: March 1, 2019. fisheries appear at subpart B of 50 CFR b. The skills test is taken in a part 680. Raymond P Martinez, passenger vehicle that is in a higher The A season allowance of the 2019 vehicle Class than that of the current Administrator. Pacific cod total allowable catch (TAC) CDL. In this scenario, the CDL holder is [FR Doc. 2019–04180 Filed 3–7–19; 8:45 am] apportioned to hook-and-line catcher/ issued a higher class CDL with the BILLING CODE 4910–EX–P processors in the Central Regulatory passenger endorsement. Area of the GOA is 234 metric tons (mt), c. The skills test is taken in a as established by the final 2018 and passenger vehicle that is in a lower 2019 harvest specifications for vehicle class than the current CDL. In groundfish of the GOA (83 FR 8786, this scenario, the CDL holder retains the March 1, 2018). vehicle class of the current CDL, but is In accordance with § 679.20(d)(1)(i), restricted to driving passenger vehicles the Administrator, Alaska Region, in the class in which the passenger NMFS (Regional Administrator) has skills test was taken, or any lower class. determined that the A season allowance

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