[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