Federal Register - July 7, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations 0.361, 1.3, the petition for reconsideration filed by Sorenson Communications, LLC, is granted in part and dismissed in part.
DEPARTMENT OF TRANSPORTATION
List of Subjects in 47 CFR Part 64
49 CFR Parts 381, 382, 383, 384, 385, 390, and 391
Federal Motor Carrier Safety Administration
Incorporation by reference, Individuals with disabilities, Telecommunications, Telecommunications relay services.
Docket No. FMCSA20200135
RIN 2126AC33
Federal Communications Commission.
Gregory Haledjian, Legal Advisor, Consumer and Governmental Affairs Bureau.
For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 64 as follows:
PART 64MISCELLANEOUS RULES
RELATING TO COMMON CARRIERS
1. The authority citation for part 64
continues to read as follows:
Authority: 47 U.S.C. 151, 152, 154, 201, 202, 217, 218, 220, 222, 225, 226, 227, 227b, 228, 251a, 251e, 254k, 262, 276, 403b2B, c, 616, 620, 14011473, unless otherwise noted; Pub. L. 115141, Div. P, sec.
503, 132 Stat. 348, 1091.
2. Amend 64.621 by a. Revising paragraph a3; and b. Removing and reserving c2ii.
The revision reads as follows:
64.621
Interoperability and portability.
a
3 All VRS providers must ensure that their VRS access technologies and their video communication service platforms are interoperable with the VRS Access Technology Reference Platform, including for point-to-point calls. No VRS provider shall be compensated for minutes of use involving their VRS access technologies or video communication service platforms that are not interoperable with the VRS Access Technology Reference Platform.
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Federal Motor Carrier Safety Administration FMCSA, Department of Transportation DOT.
ACTION: Final rule.
AGENCY:
Final Rules
General Technical, Organizational, Conforming, and Correcting Amendments to the Federal Motor Carrier Safety Regulations
15:58 Jul 06, 2021
Jkt 253001
FMCSA amends its regulations by making technical corrections throughout the Federal Motor Carrier Safety Regulations FMCSRs. The Agency makes minor changes to correct inadvertent errors and omissions, remove or update obsolete references, and improve the clarity and consistency of certain regulatory provisions. The Agency also makes nondiscretionary, ministerial changes that are statutorily mandated and changes that merely align regulatory requirements with the underlying statutory authority. Finally, this rule contains two minor changes to FMCSAs rules of agency procedure or practice that relate to separation of functions and allowing FMCSA and State personnel to conduct off-site compliance reviews of motor carriers following the same safety fitness determination criteria used in on-site compliance reviews.
DATES: This final rule is effective July 7, 2021, except for amendatory instruction 31 which is effective September 7, 2021.
FOR FURTHER INFORMATION CONTACT: Mr.
Nicholas Warren, Regulatory Development Division, Office of Policy, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590
0001; 202 3666124; nicholas.warren@
dot.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Legal Basis for the Rulemaking Congress delegated certain powers to regulate interstate commerce to the United States Department of Transportation DOT or Department in numerous pieces of legislation, most notably in section 6 of the Department of Transportation Act DOT Act Pub.
L. 89670, 80 Stat. 931, 937, Oct. 15, 1966. Section 6 of the DOT Act transferred to the Department the authority of the former Interstate
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Commerce Commission ICC to regulate the qualifications and maximum hours of service of employees, the safety of operations, and the equipment of motor carriers in interstate commerce 80 Stat.
939. This authority, first granted to the ICC in the Motor Carrier Act of 1935
Pub. L. 74255, 49 Stat. 543, Aug. 9, 1935, now appears in 49 U.S.C. chapter 315. The regulations issued under this and subsequently enacted authority became known as the FMCSRs, codified at 49 CFR parts 350399. The administrative powers to enforce chapter 315 codified in 49 U.S.C.
chapter 5 were also transferred from the ICC to the DOT in 1966, and assigned first to the Federal Highway Administration FHWA and then to FMCSA. The FMCSA Administrator has been delegated authority under 49 CFR
1.87 to carry out the motor carrier functions vested in the Secretary of Transportation.
Between 1984 and 1999, several statutes added to FHWAs authority.
Various statutes authorize the enforcement of the FMCSRs, the Hazardous Materials Regulations, and the Commercial Regulations, and provide both civil and criminal penalties for violations of these requirements. These statutes include the Motor Carrier Safety Act of 1984 Pub.
L. 98554, Title II, 98 Stat. 2832, Oct.
30, 1984, codified at 49 U.S.C. chapter 311, subchapter III; the Commercial Motor Vehicle Safety Act of 1986 Pub.
L. 99570, Title XII, 100 Stat. 3207170, Oct. 27, 1986, codified at 49 U.S.C.
chapter 313; the Hazardous Materials Transportation Uniform Safety Act of 1990, as amended Pub. L. 101615, 104
Stat. 3244, Nov. 16, 1990, codified at 49
U.S.C. chapter 51; the Omnibus Transportation Employee Testing Act of 1991 Pub. L. 102143, Title V, 105 Stat.
917, 952, Oct. 28, 1991, codified at 49
U.S.C. 31306; and the ICC Termination Act of 1995 Pub. L. 10488, 109 Stat.
803, Dec. 29, 1995, codified at 49
U.S.C. chapters 131149.
The Motor Carrier Safety Improvement Act of 1999 Pub. L. 106
159, 113 Stat. 1748, Dec. 9, 1999
established FMCSA as a new operating administration within DOT, effective January 1, 2000. The motor carrier safety responsibilities previously assigned to both the ICC and FHWA are now assigned to FMCSA.
Congress expanded, modified, and amended FMCSAs authority in the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 Pub. L. 10756, 115 Stat. 272, Oct. 26, 2001; the Safe, Accountable, Flexible, Efficient Transportation Equity
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