[Federal Register Volume 59, Number 225 (Wednesday, November 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28534]


[[Page Unknown]]

[Federal Register: November 23, 1994]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Chapter III and Parts 382, 390, 391, 392, 395, and 396

[FHWA Docket No. MC-93-32]
RIN 2125-AD28

 

Removal of Obsolete and Redundant Regulations and Appendices

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule.

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SUMMARY: The FHWA is removing regulations and appendices from the 
Federal Motor Carrier Safety Regulations which are obsolete, redundant, 
or more appropriately regulated by State and local authorities. This 
action is in response to the FHWA's Zero Base Regulatory Review.

EFFECTIVE DATE: December 23, 1994; except for revisions to Secs. 391.68 
and 391.73 which will become effective on January 2, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Peter C. Chandler, Office of Motor 
Carrier Standards, (202) 366-5763, or Mr. Charles E. Medalen, Office of 
Chief Counsel, (202) 366-1354, Federal Highway Administration, 
Department of Transportation, 400 Seventh Street, SW, Washington, DC 
20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday 
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    The first Federal Motor Carrier Safety Regulations (FMCSRs) were 
promulgated in 1937. The FMCSRs have been amended many times during the 
past 57 years. In September 1992, the FHWA began a comprehensive multi-
year project to develop modern, uniform safety regulations that are up 
to date, clear, concise, easier to understand, and more performance 
oriented. This project has been named the ``Zero Base Regulatory 
Review.''
    Upon the announcement of the first four ``Zero Base'' public 
outreach sessions in the Federal Register (57 FR 37392) on August 18, 
1992, the FHWA opened a public docket, MC-92-33, to allow interested 
parties who were unable to attend an outreach session the opportunity 
to submit comments and recommendations for improvement of the FMCSRs. 
After the comment period closed on April 1, 1993, and the comments were 
analyzed, the FHWA published a notice of proposed rulemaking (NPRM) in 
the Federal Register (59 FR 1366) on January 10, 1994, proposing to 
remove specific regulations and appendices from the FMCSRs. Some 
designated sections of the FMCSRs and all designated appendices were 
identified as obsolete or redundant of other sections of the FMCSRs. 
Other designated sections of the FMCSRs were identified as duplicative 
of State or local regulations and were considered to be more 
appropriately regulated by State and local authorities. Technical 
amendments to part 391 of the FMCSRs were also proposed in the NPRM.
    The FHWA received twenty comments to the docket. Ten were from 
associations, six from motor carriers, two from consulting companies, 
and one each from a State agency and an individual. Eight of the 
commenters supported all of the proposed changes; however, the 
Advocates for Highway and Auto Safety opposed all of the proposed 
changes. Other commenters supported some proposed changes and opposed 
others, or made recommendations or commented on matters not related to 
this rulemaking. The following is a discussion of the comments to the 
docket, along with the FHWA's response, arranged by part and section of 
the FMCSRs.

PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

    Paragraph (6) of the definition of On duty time in Sec. 395.2 is 
being removed which is explained below in part 395. This removal 
necessitates a technical amendment to the definition of Safety-
sensitive function in Sec. 382.107 because the definition references 
paragraphs (1) through (7) of the definition of On duty time. The 
definition of Safety-sensitive function is being amended to reference 
paragraphs (1) through (6) of the definition of On duty time.

PART 391--QUALIFICATIONS OF DRIVERS

    The FHWA proposed to remove all requirements pertaining to the 
written examination and record of violations. The FHWA also proposed to 
remove a paragraph from the limited exemption for drivers operating in 
the State of Hawaii.

Written Examination

    Ten commenters supported and six commenters opposed the removal of 
the requirements related to the written examination. Four commenters 
expressed concern that the removal of the written examination 
requirements would result in a lack of instruction for drivers not 
subject to the commercial driver's license (CDL) requirements. Two 
commenters recommended that the written examination requirements be 
strengthened, such as, by establishing a passing grade. The American 
Trucking Associations, Inc. (ATA), argued that a driver-applicant could 
file suit for discrimination if denied employment for refusing to take 
a written examination administered as a company policy, rather than as 
a Federal requirement.
    FHWA Response: The removal of the requirements related to the 
written examination would have very little effect on highway safety 
while reducing the paperwork burden imposed upon motor carriers. The 
objective of the written examination is to instruct prospective drivers 
in the FMCSRs. There is no passing score and even a poor performance 
does not prohibit a motor carrier from hiring the driver. The removal 
of the written examination would not affect the motor carrier's 
obligation under 49 CFR 390.3(e)(2) to instruct drivers and employees 
about the FMCSRs.
    The programs of the FHWA have made commercial motor vehicle (CMV) 
drivers more familiar with the FMCSRs than was the case in previous 
decades. Motor carriers are now in a better position than the FHWA to 
decide whether the written examination remains a useful instructional 
tool. On the other hand, drivers are required to pass a knowledge test 
to obtain a CDL. Although the material covered by the written 
examination and the CDL knowledge test is not exactly the same, there 
is some overlap. In consideration of these circumstances, the benefits 
of the written examination are outweighed by the paperwork burden it 
imposes on motor carriers. Motor carriers may continue to administer 
the written examination as a part of their training program, but the 
FHWA will no longer require them to do so.
    Retaining and strengthening the written examination by establishing 
a passing grade would impose a prescriptive method upon motor carriers 
to instruct their drivers and employees about the FMCSRs. One thrust of 
the Zero Base Regulatory Review is to make the FMCSRs more performance 
oriented to provide motor carriers with increased flexibility in 
achieving compliance. The removal of the written examination is a good 
example of this intention.
    The FMCSRs are not intended to reinforce or support every action a 
motor carrier might take in hiring or qualifying its drivers. Motor 
carriers have long been allowed to require or enforce more stringent 
safety or health standards than those required by the FMCSRs [49 CFR 
390.3(d)]. Motor carriers that continue to administer the written 
examination or similar test under company policy should face no 
increased potential liability as long as all applicants are treated in 
the same manner. Such a policy would only rarely be affected by the 
Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 355, as amended) 
or the Americans with Disabilities Act of 1990 (Pub. L. 101-336, 104 
Stat. 327, as amended).
    The written examination (contained in appendix C) and all related 
qualification and recordkeeping requirements are removed. The sections 
affected by this removal include Secs. 391.11(b)(11); 391.35; 391.37; 
391.51(c)(5); 391.51(d)(3); 391.61; 391.67(a); 391.67(c); 391.68; 
391.69(b); 391.71(a); 391.73 and appendix C to subchapter B.

Record of Violations

    Nine commenters supported and eight opposed the removal of all 
requirements related to the record of violations. American Insurance 
Service Group, Inc., Engineering and Safety Service had no objection to 
the removal of the record of violations provided motor carriers were 
required to make an inquiry annually into their drivers' driving 
records to the license issuing State agency. Carrier Compliance 
Services opposed the removal of the record of violations and 
recommended that motor carriers also be required to make an annual 
inquiry into their drivers' driving records. Tandem Transport, Inc., 
recommended that a motor carrier be allowed the option of making an 
annual inquiry into a drivers' driving record or requiring the driver 
to furnish it with a record of violations annually. Three commenters 
argued that, although CDL holders must notify their employers within 30 
days of any conviction for a non-parking violation in any type of motor 
vehicle, the record of violations provision is the only notification 
requirement applicable to drivers of smaller motor vehicles, and that 
its removal would therefore eliminate an important source of 
information.
    FHWA Response: The FHWA has decided not to remove the requirements 
related to the record of violations at this time. The FHWA will further 
evaluate the submitted recommendations and determine whether a 
rulemaking action to amend the current requirements is warranted.

Drivers Operating in Hawaii

    No commenters expressed specific opposition to the removal of 
Sec. 391.69(a).
    FHWA Response: Section 391.69(a) states that ``drivers who will 
reach the age of 21 no later than April 1, 1976, may continue to drive 
within the State of Hawaii.'' Since this date has passed, this 
paragraph is obsolete. This rule removes Sec. 391.69(a).

Miscellaneous

    No commenters expressed specific opposition to the proposed 
technical amendments to Sec. 391.51(b)(2) and Sec. 391.51(g), by which 
various titles for the position of Regional Director would be replaced 
by the proper title, ``Regional Director of Motor Carriers.''
    FHWA Response: There are numerous other places within chapter III 
of title 49 where the position of Regional Director is mentioned by an 
obsolete title, such as, Regional Director, Motor Carrier Safety; 
Regional Director, Office of Motor Carrier Safety; Director, Regional 
Motor Carrier Safety Office; etc. Rather than making technical 
amendments to Sec. 391.51(b)(2) and Sec. 391.51(g) only, the FHWA has 
decided to make a nomenclature change to correct all obsolete 
references to the position of Regional Director in chapter III of title 
49 to identify the position by its correct title, Regional Director of 
Motor Carriers, and to make a slight modification to its definition in 
Sec. 390.5.

PART 392--DRIVING OF MOTOR VEHICLES

    The FHWA proposed to remove several sections of the FMCSRs which 
were identified as being redundant of State and local regulations and 
more appropriately regulated by State and local authorities.

Corrective Lenses To Be Worn

    Eleven commenters supported and five commenters opposed the removal 
of Sec. 392.9a, Corrective lenses to be worn. Four of the five opposing 
commenters were primarily concerned about removing the requirement that 
a driver who wears contact lenses have a spare lens or set of lenses on 
his/her person while driving. These commenters wanted to ensure that a 
driver whose contact lenses become lost or damaged be able to continue 
to drive with corrected vision.
    FHWA Response: The requirements of Sec. 392.9a are duplicative of 
other sections of the FMCSRs and State regulations. If a driver meets 
the vision standards only when wearing corrective lenses, Sec. 391.43 
requires the medical examiner to check the box, ``Qualified only when 
wearing corrective lenses'' on the medical examiner's certificate. 
Therefore, a driver who meets the vision standards only when wearing 
corrective lenses is not medically qualified to drive a CMV in 
interstate commerce when not wearing corrective lenses. A driver who is 
subject to and does not meet the medical qualification standards is 
prohibited from driving a CMV in interstate commerce.
    Section 392.9a is also duplicative of State driver licensing laws. 
Most, if not all, States place a restriction on driver's licenses 
requiring persons who need glasses or contact lenses to wear them while 
driving.
    Other than spare power sources for hearing aids and spare fuses, 
the FMCSRs do not require extra equipment in any other section. For 
example, the FMCSRs do not require CMV drivers to carry a spare 
headlight or other lamp in case a required lamp fails to operate. The 
carriage of extra equipment, including spare contact lenses, to ensure 
against possible contingencies is best addressed by company policy.
    The removal of Sec. 392.9a does not affect the requirement that a 
driver comply with the vision standards when operating a CMV in 
interstate commerce. This rule removes Sec. 392.9a.

Section 392.12  Drawbridges; Stopping of Buses

Section 392.18  Slow Moving Vehicles; Hazard Warning Signal Flashers

Section 392.21  Stopped Vehicles Not To Interfere With Other Traffic

    Only one commenter expressed specific opposition to the removal of 
any of these sections. The Chemical Waste Transportation Institute 
opposed the removal of Sec. 392.21 on the ground that interstate motor 
carriers would have to modify their training programs depending upon 
the jurisdictions in which they travel.
    FHWA Response: These sections are duplicative of and more 
appropriately addressed by State and local regulations. All States and 
localities require compliance with traffic laws. State and local law 
enforcement officers are responsible for maintaining proper traffic 
flow and handling slow moving and stopped vehicles.
    A CMV must be operated in accordance with the laws and regulations 
of the jurisdiction in which it is being operated. Section 392.2 of the 
FMCSRs emphasizes this requirement. Even if Sec. 392.21 were retained, 
motor carriers and drivers would still be required to comply with the 
State and local regulations pertaining to stopped motor vehicles. The 
removal of Sec. 392.21 would not change this obligation. In addition, 
the regulatory requirements imposed by Federal, State, and local 
authorities change over time. Therefore, motor carrier training 
programs will eventually have to be modified to reflect regulatory 
changes. This rule removes Secs. 392.12, 392.18, and 392.21.

Section 392.30  Lighted Lamps; Moving Vehicles

    The Chemical Waste Transportation Institute was the only commenter 
that expressed specific opposition to the removal of this section. The 
Institute did so for the same reason it opposed the removal of 
Sec. 392.21.
    FHWA Response: This section is duplicative of State laws and can 
only be enforced by State and local authorities. The retention of a 
Federal rule which is redundant of State or local regulations and more 
appropriately monitored and enforced by these authorities is not 
justifiable solely because driver training programs may have to be 
modified.

Section 392.31  Lighted Lamps; Stopped or Parked Vehicles

    Twelve commenters supported and three commenters opposed the 
removal of this section. The Chemical Waste Transportation Institute's 
objection was based on the same reasoning discussed above. The 
Advocates for Highway and Auto Safety commented that the removal of 
this section is premature until the FHWA concludes its conspicuity 
rulemaking. The ATA argued that this section should be retained to 
inhibit localities from promulgating and enforcing non-uniform and 
potentially burdensome regulations.
    FHWA Response: Section 392.22, Emergency signals; stopped vehicles, 
requires hazard warning signal flashers to be activated whenever a 
motor vehicle is stopped upon the traveled portion or shoulder of a 
highway until warning devices are placed. Section 392.22(b) specifies 
how and when warning devices must be placed, both in business or 
residential districts and on the public highway. The FHWA has 
determined that Sec. 392.31 is unnecessary in light of the requirements 
of Sec. 392.22. All of the situations covered by Sec. 392.31 are more 
thoroughly addressed by Sec. 392.22.
    On January 19, 1994, the FHWA published an advance notice of 
proposed rulemaking (ANPRM) in the Federal Register (59 FR 2811) which 
announced that the agency is considering issuing a proposal to require 
the use of retroreflective sheeting or reflex reflectors on certain 
trailers manufactured prior to December 1, 1993, the effective date of 
the National Highway Traffic Safety Administration's final rule on 
conspicuity for newly manufactured trailers. This ANPRM did not address 
the display or lighting of lamps. The requirements of Sec. 392.22 
provide sufficient warning to other motor vehicle traffic that a CMV is 
stopped or parked on the traveled portion or shoulder of a highway. 
Therefore, the removal of Sec. 392.31 is not premature.
    The lighting requirements for stopped or parked vehicles are better 
monitored and enforced by State and local authorities. Section 392.31 
contains a provision that no lamps need be lighted if there is 
sufficient highway lighting to make persons and vehicles discernible at 
a distance of 500 feet, unless lighted lamps are required by local 
regulations. Since Sec. 392.31 is contingent upon local regulations, 
its removal would not free or encourage localities to promulgate and 
enforce different lighting requirements for stopped or parked vehicles. 
This rule removes Sec. 392.31.

Section 392.40  All Accidents

    Eleven commenters supported and four commenters opposed the removal 
of Sec. 392.40, which requires a CMV driver involved in an accident 
resulting in death, injury, or property damage to: Stop; prevent 
further accident; assist injured persons; provide driver, motor 
carrier, and CMV identification information; and report the accident to 
his/her employer. The Chemical Waste Transportation Institute raised 
the same training argument discussed above. Pinnacle Transportation 
Services claimed that the removal of this section would likely lead to 
a medley of inconsistent State regulations about the responsibilities 
of a driver involved in an accident. The ATA claimed that the position 
of a motor carrier in litigation is strengthened if it shows that 
Sec. 392.40 was complied with rather than a State accident reporting 
requirement.
    FHWA Response: All States already have requirements for a driver of 
a CMV involved in an accident. Compliance with Sec. 392.40 does not 
exempt a motor carrier or driver from such State or local regulations, 
nor does it supplement them. The requirement in paragraph (e) of 
Sec. 392.40 that drivers report all details of an accident to the motor 
carrier as soon as practicable is best handled by company policy rather 
than by the FMCSRs. The accident reporting requirements for motor 
carriers which were formerly contained in part 394 of the FMCSRs were 
removed effective March 4, 1993 (58 FR 6726, February 2, 1993), and 
with them the need to require CMV drivers to report accidents to their 
employing motor carriers. This rule removes Sec. 392.40.

Section 392.41  Striking Unattended Vehicle

    Twelve commenters supported and three commenters opposed the 
removal of this section. The Chemical Waste Transportation Institute 
repeated the same training argument discussed above. The ATA 
recommended that this section be retained in order to preempt a variety 
of State regulations which are slightly different.
    FHWA Response: As previously stated, compliance with the FMCSRs 
does not exempt a motor carrier or driver from complying with a similar 
State or local regulation. The requirements for a driver of a CMV that 
strikes an unattended motor vehicle upon the highway are appropriately 
monitored and enforced by State and local authorities. The requirements 
in Sec. 392.41 are duplicative and cause confusion. This rule removes 
Sec. 392.41.

Title to Subpart E

    The removal of Secs. 392.40 and 392.41 eliminates, for the purposes 
of the FMCSRs, the duties of a driver involved in an accident. 
Therefore, this rule changes the title to subpart E of part 392 from 
``Accidents and License Revocation; Duties of Driver'' to ``License 
Revocation; Duties of Driver.''

Section 392.61  Driving by Unauthorized Person

    Ten commenters supported and four commenters opposed the removal of 
this section. Pinnacle Transportation Services declared that its 
removal would require thousands of policy manuals to be rewritten. The 
Advocates for Highway and Auto Safety commented that an action that may 
lead to an out-of-service violation should continue to be prohibited by 
the FMCSRs. The ATA commented that the backing of a Federal regulation 
strengthens the position of motor carrier management in dealing with a 
driver who permits an unauthorized person to drive the motor carrier's 
CMV.
    FHWA Response: The FMCSRs change over time, sometimes 
significantly, and policy manuals have to change with them. It is not 
justifiable to retain Sec. 392.61 merely to avoid having to revise a 
page in a policy manual. The removal of Sec. 392.61 would not affect 
any enforcement action taken after the discovery of an unqualified 
driver during a roadside inspection performed in compliance with the 
North American Uniform Out-of-Service Criteria. Any person who drives a 
CMV must meet the qualification standards in part 391 and the CDL 
standards in part 383. Motor carriers still have the backing of the 
FMCSRs in prohibiting an unqualified person to drive their CMVs. A 
Federal prohibition on the use of a qualified driver intrudes in an 
area which is best handled by company policy or labor-management 
agreement. This rule removes Sec. 392.61.

Section 392.62  Bus driver; Distraction

    No commenter expressed specific opposition to the removal of this 
section.
    FHWA Response: Section 392.62, which prohibits a bus driver from 
engaging in any unnecessary conversation or other distracting activity, 
duplicates State and local regulations. This rule removes Sec. 392.62.

Section 392.65  Sleeper Berth; Transfer To or From

    No commenter expressed specific opposition to the removal of this 
section.
    FHWA Response: Section 392.65 is obsolete. There are very few 
truck-tractors currently in use that require entry into the sleeper 
berth from outside the motor vehicle. This rule removes Sec. 392.65.

Section 392.69  Sleeper Berth, Occupation

    Only Pinnacle Transportation Services expressed specific opposition 
to the removal of this section, on the ground that thousands of policy 
manuals would have to be rewritten.
    FHWA Response: As stated in a previous response, the retention of a 
section of the FMCSRs is not justifiable merely to avoid the revision 
of motor carriers' policy manuals. The number of persons occupying a 
sleeper berth when the vehicle is in motion is best addressed by 
company policy or labor-management agreement. This rule removes 
Sec. 392.69.

PART 395--HOURS OF SERVICE OF DRIVERS

    The driver requirements of Secs. 392.40 and 392.41 relating to 
accidents are mentioned in paragraph (6) of the definition of On duty 
time in Sec. 395.2. Since Secs. 392.40 and 392.41 are being removed, 
paragraph (6) of the definition of On duty time is also being removed.

PART 396--INSPECTION, REPAIR, AND MAINTENANCE

    The FHWA proposed to remove the lubrication record required by 
Sec. 396.3(b)(4).

Lubrication Record

    No commenter expressed specific opposition to the removal of this 
requirement.
    FHWA Response: Section 396.3(b)(3) already requires motor carriers 
to maintain, for vehicles controlled for 30 consecutive days or more, a 
record of inspection, repairs, and maintenance indicating their date 
and nature. Since the lubrication record required by Sec. 396.3(b)(4) 
is a maintenance record, the requirement is redundant. This rule 
removes Sec. 396.3(b)(4).

Appendix A to Subchapter B

    The FHWA proposed to remove appendix A to subchapter B of chapter 
III, 49 CFR, which includes all published interpretations that were 
issued by the FHWA before the publication of interpretations on 
November 23, 1977 (42 FR 60078). The Advocates for Highway and Auto 
Safety was the only commenter that opposed the removal of this 
appendix. The Advocates claimed the interpretations in the appendix are 
still valid to the extent they are not inconsistent with the Regulatory 
Guidance for the FMCSRs published in the Federal Register (58 FR 60734) 
on November 17, 1993. The Advocates recommended that appendix A become 
a complete compilation of the FHWA's official interpretations and 
guidance regarding the FMCSRs.
    FHWA Response: Although the interpretations in appendix A, like 
others issued by the FHWA, remain valid if consistent with the 1993 
publication referred to above, many interpretations are outmoded and of 
little value. The interpretations which were determined by the FHWA to 
be relevant to current motor carrier operations were included in the 
1993 publication. The printing of all previously issued interpretations 
in an appendix would not be useful because some interpretations depend 
on factual premises which are not fully explained in the 
interpretation. The FHWA is presently considering a rulemaking action 
to codify certain longstanding interpretations which are not based on 
unique circumstances. This rule removes appendix A since it is 
obsolete.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    This rule removes obsolete and redundant regulations from the 
FMCSRs. The FHWA has determined that this regulatory action is not 
significant under Executive Order 12866 or the regulatory policies and 
procedures of the DOT. It is anticipated that the economic impact of 
this regulatory action will be minimal. Therefore, a full regulatory 
evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this regulatory action on 
small entities. This action would lessen the regulatory burden on small 
and large entities subject to the FMCSRs by, among other things, 
removing the recordkeeping requirements associated with the written 
examination. The FHWA hereby certifies that this action will not have a 
significant economic impact on a substantial number of small entities.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rule does not have sufficient federalism implications to 
warrant the preparation of a full Federalism Assessment.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal programs and 
activities apply to this program.

Paperwork Reduction Act

    This rulemaking action does not contain a collection of information 
requirement for purposes of the Paperwork Reduction Act of 1980, 44 
U.S.C. 3501 et seq.

National Environmental Policy Act

    The agency has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 and has determined that it would have 
no effect on the quality of the environment.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

List of Subjects in 49 CFR Parts 382, 390, 391, 392, 395, and 396

    Highway safety, Highways and roads, Motor carriers, and Motor 
vehicle safety.

    Issued on: November 10, 1994.
Rodney E. Slater,
Federal Highway Administrator.
    In consideration of the foregoing and under the authority of 42 
U.S.C. 4917 and 49 U.S.C. 104, 501 et seq., 521 et seq., 5101 et seq., 
5113, 5901 et seq., 31101-31104, 31108, 31131 et seq., 31161, 31301 et 
seq., 31501 et seq.; and 49 CFR 1.48, the FHWA amends title 49, Code of 
Federal Regulations, Chapter III, as follows:

CHAPTER III--[AMENDED]

    1. Chapter III is amended by substituting the phrase ``Regional 
Director of Motor Carriers'' for any of the following phrases for each 
appearance in the chapter: ``Director, Regional Motor Carrier Safety 
Office of the Bureau of Motor Carrier Safety'', ``Director, Regional 
Motor Carrier Safety Offices'', ``Regional Director, Office of Motor 
Carriers'', ``Regional Directors of Motor Carrier Safety'', ``Regional 
Director, Motor Carrier Safety'', ``Regional Director, Office of Motor 
Carrier Safety'', ``Directors of Regional Motor Carrier Safety 
Offices'', and ``Regional Director''.

PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

    2. The authority citation for part 382 is revised to read as 
follows:

    Authority: 49 U.S.C. 31136, 31301 et seq., 31502; and 49 CFR 
1.48.


Sec. 382.107  [Amended]

    3. Section 382.107 is amended by revising the definition for 
Safety-sensitive function to read as follows:


Sec. 382.107  Definitions.

* * * * *
    Safety-sensitive function means any of those on-duty functions set 
forth in Sec. 395.2 On duty time, paragraphs (1) through (6) of this 
chapter.
* * * * *

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

    4. The authority citation for part 390 is revised to read as 
follows:

    Authority: 49 U.S.C. 31132, 31136, 31502, and 31504; and 49 CFR 
1.48.
    5. Section 390.5 is amended by revising the definition for Regional 
Director to read as follows:


Sec. 390.5  Definitions.

* * * * *
    Regional Director of Motor Carriers means the Director of the 
Office of Motor Carriers, Federal Highway Administration, for a given 
geographical region of the United States.
* * * * *

PART 391--QUALIFICATIONS OF DRIVERS

    6. The authority citation for part 391 is revised to read as 
follows:

    Authority: 49 U.S.C. 504, 31136, and 31502; and 49 CFR 1.48.


Sec. 391.11  [Amended].

    7. Section 391.11 is amended by removing paragraph (b)(11), and 
redesignating paragraph (b)(12) as paragraph (b)(11).


Secs. 391.35 and 391.37  [Removed]

    8. The revision to Sec. 391.35(a) published at 59 FR 8752, Feb. 23, 
1994, which is to become effective on January 1, 1995, and Sections 
391.35 and 391.37 are removed.


Sec. 391.51  [Amended]

    9. Section 391.51 is amended as follows:
    a. In paragraph (b)(2), by removing the words ``The Regional 
Federal Highway Administrator's letter'' and adding in lieu thereof the 
words ``The letter from the Regional Director of Motor Carriers'';
    b. In paragraph (c)(3), by adding ``and'' at the end of paragraph;
    c. In paragraph (c)(4), by removing ``; and'' and adding in lieu 
thereof a period;
    d. By removing paragraph (c)(5); and
    e. By removing paragraph (d)(3), and redesignating paragraph (d)(4) 
as paragraph (d)(3), and by adding the word ``and'' at the end of 
paragraph (d)(2).
    10. Section 391.61 is revised to read as follows:


Sec. 391.61  Drivers who were regularly employed before January 1, 
1971.

    The provisions of Sec. 391.21 (relating to applications for 
employment), Sec. 391.23
(relating to investigations and inquiries), and Sec. 391.31 (relating 
to road tests) do not apply to a driver who has been a regularly 
employed driver (as defined in Sec. 390.5 of this subchapter) of a 
motor carrier for a continuous period which began before January 1, 
1971, as long as he/she continues to be a regularly employed driver of 
that motor carrier. Such a driver is qualified to drive a motor vehicle 
if he/she fulfills the requirements of paragraphs (b)(1) through (b)(9) 
of Sec. 391.11 (relating to qualifications of drivers).
    11. Section 391.67 is revised to read as follows:


Sec. 391.67  Drivers of articulated (combination) farm vehicles.

    The following rules in this part do not apply to a farm vehicle 
driver (as defined in Sec. 390.5) who is 18 years of age or older and 
who drives an articulated motor vehicle:
    (a) Section 391.11(b)(1), (b)(8), (b)(10), and (b)(11) (relating to 
driver qualifications in general);
    (b) Subpart C (relating to disclosure of, investigation into, and 
inquiries about the background, character, and driving record of, 
drivers);
    (c) Subpart D (relating to road tests);
    (d) So much of Secs. 391.41 and 391.45 as require a driver to be 
medically examined and to have a medical examiner's certificate on his 
person before January 1, 1973; and
    (e) Subpart F (relating to maintenance of files and records).
    12. Section 391.68 is revised to read as follows:


Sec. 391.68  Private motor carrier of passengers (nonbusiness).

    (a) The following rules in this part do not apply to a private 
motor carrier of passengers (nonbusiness) and their drivers:
    (1) Section 391.11(b)(8), (b)(10), (b)(11), and (b)(12), (relating 
to driver qualifications in general).
    (2) Subpart C (relating to disclosure of, investigation into, and 
inquiries about the background, character, and driving record of, 
drivers).
    (3) Subpart D (relating to road tests).
    (4) So much of Secs. 391.41 and 391.45 as require a driver to be 
medically examined and to have a medical examiner's certificate on his/
her person.
    (5) Subpart F (relating to maintenance of files and records).
    (6) Subpart H (relating to controlled substances testing).
    (b) The following rules in this part do not apply to a private 
motor carrier of passengers (business) driver: Subpart D (relating to 
road tests).
    13. Section 391.69 is revised to read as follows:


Sec. 391.69  Drivers operating in Hawaii.

    The provisions of Sec. 391.21 (relating to application for 
employment), Sec. 391.23 (relating to investigations and inquiries), 
and Sec. 391.31 (relating to road tests) do not apply to a driver who 
has been a regularly employed driver (as defined in Sec. 390.5 of this 
subchapter) of a motor carrier operating in the State of Hawaii for a 
continuous period which began before April 1, 1975, as long as he/she 
continues to be a regularly employed driver of that motor carrier. Such 
a driver is qualified to drive a motor vehicle if he/she fulfills the 
requirements of paragraphs (b)(1) through (b)(9) of Sec. 391.11 
(relating to qualifications of drivers).


Sec. 391.71  [Amended]

    14. In Sec. 391.71, paragraph (a) is amended by removing the words 
``and Sec. 391.35 (relating to written examination)'' and adding the 
word ``and'' before the reference to ``Sec. 391.31.''
    15. Section 391.73 is revised to read as follows:


Sec. 391.73  Private motor carrier of passengers (business).

    The provisions of Sec. 391.21 (relating to applications for 
employment), Sec. 391.23 (relating to investigations and inquiries), 
and Sec. 391.31 (relating to road tests) do not apply to a driver who 
has been a regularly employed driver (as defined in Sec. 390.5 of this 
subchapter) of a private motor carrier of passengers (business) as of 
July 1, 1994, so long as the driver continues to be a regularly 
employed driver of that motor carrier. Such a driver is qualified to 
drive a motor vehicle if that driver fulfills the requirements of 
paragraphs (b)(1) through (b)(9) of Sec. 391.11 (relating to 
qualifications of drivers).

PART 392--DRIVING OF MOTOR VEHICLES

    16. The authority citation for part 392 is revised to read as 
follows:

    Authority: 49 U.S.C. 31136 and 31502; and 49 CFR 1.48.


Secs. 392.9a, 392.12, 392.18, 392.21, 392.30, 392.31, 392.32, 392.40, 
392.41, 392.61, 392.62, 392.65, and 392.69  [Removed and Reserved]

    17. Sections 392.9a, 392.12, 392.18, 392.21, 392.30, 392.31, 
392.32, 392.40, 392.41, 392.61, 392.62, 392.65, and 392.69 are removed 
and reserved.
    18. The heading of subpart E is revised to read, ``Subpart E--
License Revocation; Duties of Driver''.

PART 395--HOURS OF SERVICE OF DRIVERS

    19. The authority citation for part 395 is revised to read as 
follows:

    Authority: 49 U.S.C. 31136 and 31502; and 49 CFR 1.48.


Sec. 395.2  [Amended]

    20. The definition of On duty time is amended by removing paragraph 
(6) and redesignating paragraphs (7) through (9) as paragraphs (6) 
through (8), respectively.

PART 396--INSPECTION, REPAIR, AND MAINTENANCE

    21. The authority citation for part 396 is revised to read as 
follows:

    Authority: 49 U.S.C. 31136 and 31502; and 49 CFR 1.48.


Sec. 396.3  [Amended]

    22. Section 396.3 is amended by removing paragraph (b)(4) and 
redesignating paragraph (b)(5) as paragraph (b)(4), and by adding the 
word ``and'' at the end of paragraph (b)(3).

Appendices A and C to Subchapter B [Removed and Reserved]

    23. In chapter III, subchapter B, appendices A and C are removed 
and reserved.

[FR Doc. 94-28534 Filed 11-22-94; 8:45 am]
BILLING CODE 4910-22-P