[Federal Register Volume 62, Number 17 (Monday, January 27, 1997)]
[Proposed Rules]
[Pages 3855-3870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1501]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Parts 387, 390, 391, 392, 395, 396, and 397

[FHWA Docket No. MC-97-3]
RIN 2125-AD72


Review of the Federal Motor Carrier Safety Regulations; 
Regulatory Removals and Substantive Amendments

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); request for comments.

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SUMMARY: This document requests comments on the intent of the FHWA to 
remove, amend, and redesignate certain regulations concerning financial 
responsibility; general applicability and definitions; accident 
recordkeeping requirements; qualifications of drivers; driving of 
commercial motor vehicles; hours of service of drivers; inspection, 
repair, and maintenance; and the transportation of hazardous materials. 
These regulations are obsolete, redundant, unnecessary, ineffective, 
burdensome, more appropriately regulated by State and local 
authorities, better addressed by company policy, in need of 
clarification, or more appropriately contained in another section. This 
action is consistent with the FHWA's Zero Base Regulatory Review and 
the President's Regulatory Reinvention Initiative.

DATES: Comments must be received no later than March 28, 1997.

ADDRESSES: All signed, written comments should refer to the docket 
number that appears at the top of this document and must be submitted 
to HCC-10, room 4232, Office of the Chief Counsel, Federal Highway 
Administration, 400 Seventh Street, SW., Washington, DC 20590. All 
comments received will be available for examination at the above 
address from 8:30 a.m. to 3:30 p.m., e.t., Monday through Friday, 
except Federal holidays. Those desiring notification of receipt of 
comments must include a self-addressed, stamped postcard/envelope.

FOR FURTHER INFORMATION CONTACT: Mr. Peter C. Chandler, Office of Motor 
Carrier Research and Standards, (202) 366-5763, or Mr. Charles E. 
Medalen, Office of the 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 59 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 public outreach sessions in 
the Federal Register on August 18, 1992 [57 FR 37392], 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 on January 10, 1994 [59 FR 1366], and a final rule on November 
23, 1994 [59 FR 60319], to remove obsolete or redundant regulations and 
appendices from the FMCSRs. On July 28, 1995 [60 FR 38739], the FHWA 
published a final rule which made technical corrections to keep the 
FMCSRs accurate and up to date. These actions were in response to the 
Zero Base Regulatory Review.
    This rulemaking would remove, amend, and redesignate other 
regulations and would amend the single regulation which was proposed to 
be removed in the January 10, 1994, NPRM and was not removed in the 
November 23, 1994, final rule. The FHWA requests comments on these 
proposed regulatory changes and recommendations from all interested 
persons on additional regulatory changes to improve the FMCSRs. The 
following is a discussion of the proposed amendments to and deletions 
from the FMCSRs arranged by part and section of the FMCSRs except for 
divided record authority which is discussed first because the provision 
is mentioned in two parts of the FMCSRs.

Divided Record Authority

    A motor carrier may maintain driver qualification files, records of 
duty status, and receipts for instructions and documents for drivers of 
motor vehicles transporting Division 1.1, 1.2, or 1.3 (explosive) 
materials at a regional or terminal office if the motor carrier has 
requested and been approved by the Regional Director of Motor Carriers 
to do so in accordance with Secs. 391.51(g) and 395.1(g). Upon approval 
by the Regional Director of Motor Carriers, the current policy of the 
FHWA is, generally, to allow a motor carrier to maintain records and 
documents at only one location per State. Otherwise, records required 
by subchapter B of title 49, Code of Federal Regulations, must be 
maintained at a motor carrier's principal place of business except for 
inspection, repair, and maintenance records which must be maintained 
where the motor vehicle is either housed or maintained, and the records 
of a motor carrier's alcohol and controlled substances use and testing 
program which must be made available for inspection at the principal 
place of business within two business days after a request has been 
made by an authorized representative of the FHWA. On November 17, 1993 
[58 FR 60734], the FHWA issued regulatory guidance that allows 
inspection, repair, and maintenance records to be maintained at a 
location of the motor carrier's choice if a motor vehicle is not housed 
or maintained at a single location, but these records must be made 
available within two business days upon request of the FHWA in all 
cases (Sec. 396.3, question 5). At the same time, the

[[Page 3856]]

FHWA issued regulatory guidance that allows supporting documents for 
records of duty status and time records for 100 air-mile radius drivers 
to be maintained at locations other than the principal place of 
business provided these documents and records can be forwarded to the 
principal place of business within two business days upon request by a 
special agent or authorized representative of the FHWA (Sec. 395.8, 
question 10 and Sec. 395.1, question 8, respectively). Thus, the FMCSRs 
and the regulatory guidance establish dissimilar recordkeeping 
requirements related to the location of required records. The FHWA 
proposes to establish uniform recordkeeping requirements related to the 
location of required records.
    Specifically, the FHWA proposes to allow motor carriers with 
multiple terminals or offices to maintain all records required by 
subchapter B at regional offices or driver work-reporting locations 
provided records can be produced at the principal place of business or 
other specified locations within 48 hours upon request by a special 
agent or authorized representative of the FHWA. Saturdays, Sundays, and 
Federal holidays would be excluded from the computation of the 48-hour 
period of time. The FHWA believes that 48 hours is a reasonable period 
of time to produce records at the principal place of business in 
consideration of the availability of overnight mail service and 
facsimile and other electronic transmission equipment. Motor carriers 
with a single place of business would not be allowed 48 hours to 
produce records when requested. A motor carrier with multiple terminals 
or offices would be required to make its records maintained at a given 
location available for inspection immediately upon request by an FHWA 
representative who is present at that location. For motor carriers with 
multiple terminals or offices, a request to forward files, documents, 
and records maintained at driver work-reporting locations to the 
principal place of business or other specified location would generally 
be limited to a specific sample or selection chosen by the FHWA 
representative. However, all files, documents, and records maintained 
at regional or terminal offices or driver work-reporting locations may 
be requested to be forwarded to the principal place of business or 
other specified location in some cases.
    In an effort towards uniformity, the FHWA proposes to make the 
allowances and limitations for all recordkeeping requirements in 
subchapter B similar. The FHWA believes there is no sound reason to 
allow some, but not all, required records to be maintained at locations 
other than the principal place of business. 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 proposed removal of divided record authority is a good 
example of this goal. The FHWA proposes to eliminate divided record 
authority by removing Secs. 391.51(g) and 395.1(g), amending 
Secs. 391.51(f), 395.8(k)(1), and 397.19(b), and by codifying a 
flexible rule on record retention for motor carriers with multiple 
terminals or offices in Sec. 390.29. The FHWA also proposes to amend 
the definition of principal place of business in Sec. 390.5 to mean a 
single location where records required by parts 382, 387, 390, 391, 
395, 396, and 397 of this subchapter will be made available for 
inspection within 48 hours after a request has been made by a special 
agent or authorized representative of the FHWA.

Part 387--Minimum Levels of Financial Responsibility for Motor Carriers

    Part 387 prescribes the minimum levels of financial responsibility 
required to be maintained by motor carriers of property and passengers. 
The purpose of these regulations is to ensure that motor carriers 
maintain an appropriate level of financial responsibility for motor 
vehicles operated on public highways.

Subpart A--Motor Carriers of Property

Definitions
For-Hire Carriage
    There has been confusion within the motor carrier and insurance 
industries about whether a for-hire motor carrier of a commodity which 
is exempt from the economic regulations of the Interstate Commerce 
Commission (ICC), whose remaining functions have now been divided 
between the Surface Transportation Board of the Department of 
Transportation and the FHWA, is subject to the requirements in part 
387. Under the statutory authority provided by 49 U.S.C. 31139, the 
Secretary of Transportation is required to prescribe regulations to 
require minimum levels of financial responsibility for the 
transportation of property for compensation by motor vehicles in 
interstate commerce. An exempt commodity motor carrier of property is 
subject to part 387 when operating a motor vehicle with a gross vehicle 
weight rating of 10,000 pounds or more in interstate or foreign 
commerce. The FHWA, therefore, proposes to amend the definitions in 
Sec. 387.5 to specify that For-hire carriage means transportation of 
property by a common, contract, or exempt commodity motor carrier of 
property.
Motor Carrier
    The FHWA proposes to amend the definition of motor carrier to a 
for-hire or private motor carrier of property in order to make it clear 
that the term includes an exempt commodity motor carrier of property.

Subpart B--Motor Carriers of Passengers

Applicability
    On November 17, 1993 [58 FR 60734], the FHWA issued regulatory 
guidance that addressed the applicability of the financial 
responsibility requirements to school bus transportation (Sec. 387.27, 
question 4). Specifically, for-hire contractors providing 
transportation of preprimary, primary, and secondary students for 
extracurricular trips organized, sponsored, and paid for by the school 
district are not subject to the financial responsibility requirements. 
The FHWA proposes to codify this regulatory guidance in 
Sec. 387.27(b)(4).
Definitions
For-Hire Carriage
    On November 17, 1993 [58 FR 60734], the FHWA issued regulatory 
guidance which clarified the meaning of for-hire passenger 
transportation (Sec. 390.5, question 8). To codify this interpretative 
guidance, the FHWA proposes to amend the definition of For-hire 
carriage in Sec. 387.29. The definition will make it clear that the 
term means passenger transportation which is generally available to the 
public at large and is performed for a commercial purpose by a motor 
carrier which is directly or indirectly compensated, monetarily or 
otherwise, for the transportation service provided.
Motor Carrier
    The FHWA proposes to amend the definition of motor carrier to make 
it clear that the term includes a for-hire motor carrier of passengers 
which was not subject to economic regulation by the ICC. Motor carrier 
would be amended to mean a person providing for-hire carriage.
Motor Common Carrier
Motor Contract Carrier
    The FHWA proposes to remove the terms motor common carrier and 
motor contract carrier because the terms would not be used in part 387 
after the

[[Page 3857]]

amendment of the definition of motor carrier proposed here.

Part 390--Federal Motor Carrier Safety Regulations; General

    Part 390 establishes general applicability, definitions, general 
requirements, and information pertaining to motor carriers and drivers 
subject to the FMCSRs.
Definitions
Accident
    The FHWA proposes to clarify the meaning of the term ``public 
road'' in the definition of accident by the addition of a parenthetical 
phrase. The term ``public road'' is inclusive of privately owned roads 
or way which are accessible to the general public such as those within 
and around stadiums, arenas, shopping malls, residential developments, 
private schools, parking garages and lots, etc. Therefore, 
accessibility to the public, not the identity of the owner, is the 
major factor which determines whether a road or way is public. The FHWA 
proposes to add the phrase ``(inclusive of privately owned way which 
are accessible to the general public)'' after the term ``public road'' 
in the definition of accident in Sec. 390.5.
    The current definition of the term accident would be amended by 
deleting paragraph (2)(iii), an occurrence in the course of the 
operation of a passenger car or a multipurpose passenger vehicle (as 
defined in 49 CFR 571.3) by a motor carrier that is not transporting 
passengers for hire or hazardous materials of a type and quantity that 
require the motor vehicle to be marked or placarded in accordance with 
49 CFR 177.823. A passenger car or a multipurpose passenger vehicle is 
limited by the definitions in Sec. 571.3 to a motor vehicle designed 
for carrying 10 persons or less. The term accident is limited by 
definition to an occurrence involving a commercial motor vehicle. 
``Commercial motor vehicle'' is limited by the definition in Sec. 390.5 
to a motor vehicle with a gross vehicle weight rating or gross 
combination weight rating of 10,001 or more pounds, a motor vehicle 
designed to transport more than 15 passengers including the driver, or 
a motor vehicle used to transport hazardous materials in a quantity 
requiring placarding. Therefore, paragraph (2)(iii) would only apply to 
two types of motor vehicles involved in an accident: (1) A motor 
vehicle which has a gross vehicle weight rating or a gross combination 
weight rating of 10,001 or more pounds, is designed to carry 10 persons 
or less, and is involved in the private transportation of passengers; 
and (2) a passenger car or a multipurpose passenger vehicle operated by 
a motor carrier that is subject to the accident recordkeeping 
requirements in Sec. 390.15. The exclusion of these types of motor 
vehicles from the definition of the term accident is unnecessary. The 
FHWA proposes to remove paragraph (2)(iii) from the definition of the 
term accident.
Commercial Motor Vehicle
    The definitions for CMV in Secs. 383.5 and 390.5 are written 
differently in terms of designed passenger capacity and the 
transportation of hazardous materials, but they have the same meaning. 
There is no reason for two definitions that have no functional 
difference. The FHWA, therefore, proposes to amend paragraphs (b) and 
(c) of the definition of CMV in Sec. 390.5 to read the same as 
paragraphs (c) and (d), respectively, of the definition of CMV in 
Sec. 383.5.
Interstate Commerce
    The FHWA proposes to add language to the definition of the term 
interstate commerce to clarify that transportation within a single 
State constitutes interstate commerce if such transportation is the 
continuation of a through movement which has originated from outside 
the State or is destined to go outside the State. Whether 
transportation of property qualifies as interstate commerce depends on 
the essential character of the movement which is determined by the 
shipper's fixed and persisting intent at the time of shipment. This 
intent is ascertained by examining all of the facts and circumstances 
surrounding the transportation. Consequently, the motor carrier that 
performs an intrastate portion of an interstate movement is engaged in 
interstate commerce.
Regularly Employed Driver
    The FHWA proposes to replace the term regularly employed driver in 
Sec. 390.5 with the term single-employer driver because the FHWA 
believes that the latter term is more consistent with the intended 
meaning. In addition, the FHWA proposes to clarify that this proposed 
term includes a driver who drives a CMV for only one motor carrier on 
an intermittent, casual, or occasional basis.
Accident Recordkeeping Requirements
    Section 390.3(f) provides general exemptions from the FMCSRs for 
certain types of operations and transportation. Section 390.3(f)(2) 
exempts from the FMCSRs, unless otherwise specifically provided, 
transportation performed by the Federal government, a State, any 
political subdivision of a State, or an agency established under a 
compact between States that has been approved by the Congress of the 
United States. However, Sec. 390.3(f)(2) does specifically make the 
recordkeeping requirements of Sec. 390.15(b) applicable to these 
governmental entities when engaged in the interstate charter 
transportation of passengers. The information required to be maintained 
by Sec. 390.15(b) comprises the accident register. The only other 
regulations in subchapter B of title 49 which may be applicable to a 
government entity engaged in the interstate charter transportation of 
passengers are the Controlled Substances and Alcohol Use and Testing 
standards in part 382 and the CDL standards in part 383. It makes 
little sense to require government entities engaged in the interstate 
charter transportation of passengers to maintain an accident register 
because these entities are not subject to FHWA compliance reviews and 
do not receive accident countermeasure assistance. Therefore, the FHWA 
proposes to remove this recordkeeping requirement from 
Sec. 390.3(f)(2).

Part 391--Qualifications of Drivers

    The primary purpose of part 391 is to ensure that operators of CMVs 
meet minimum physical qualifications and possess the necessary 
knowledge, skills, and abilities to operate CMVs safely.
Qualification of Drivers
    Driver qualification standards are contained in Sec. 391.11 of the 
FMCSRs. These standards are minimum requirements that a person must 
meet to be qualified to drive a CMV in interstate commerce. The driver 
qualification standards are designed to protect the safety of the 
motoring public by not permitting a person to drive a CMV who lacks the 
essential abilities to perform his/her duties safely.
    Paragraphs (4) and (5) in Sec. 391.11(b) require a driver to be 
able to determine whether the cargo he/she transports has been properly 
distributed and secured and to be familiar with methods and procedures 
for securing cargo in or on the CMV that he/she drives. Section 
383.111(d) requires CMV operators to have knowledge of the principles 
and procedures for the proper handling of cargo in order to obtain a 
CDL. Section 392.9(a) prohibits a person from driving a CMV and 
prohibits a motor carrier from requiring or permitting a person to 
drive a CMV unless the CMV's cargo is properly distributed and 
adequately

[[Page 3858]]

secured. The FHWA, therefore, proposes to remove Secs. 391.11(b)(4) and 
(5) because these paragraphs are redundant.
    The FHWA proposes to remove the completion and furnishing of an 
application for employment as a CMV driver as driver qualification 
standards. The FHWA believes that the completion and furnishing of an 
employment application are not driver qualification standards, but 
rather necessary and important actions which enable motor carriers to 
evaluate the competence of applicants for CMV driver positions. The 
FHWA believes that the failure of a CMV driver to complete and furnish 
an application to his/her employing motor carrier should not result in 
the CMV driver being unqualified. The FHWA, therefore, proposes to 
remove Sec. 391.11(b)(11). This is not intended to affect the 
responsibility of CMV drivers to complete and furnish the motor 
carriers that employ them with employment applications containing 
certain information as required by Sec. 391.21.
Record of Violations
    In 1994, the FHWA proposed to remove the requirements related to 
the record of violations in 49 CFR 391.27 and 391.51(b)(4) [59 FR 1366, 
January 10, 1994]. In comments to this proposal, a recommendation was 
made to replace these requirements with similar ones involving an 
annual inquiry addressed to the State licensing agency regarding 
drivers' driving records. The FHWA took no action on the record of 
violations provisions when the final rule was adopted (59 FR 60319, 
November 23, 1994), but promised further evaluation of the comments.
    In December 1994, the National Transportation Safety Board 
recommended (H-94-12) that the FHWA ``immediately revise the Federal 
Motor Carrier Safety Regulations to require that motor carriers check a 
driver's record, both initially and at least annually, with State 
licensing agencies where the driver works and is licensed.'' The 
initial inquiry into a driver's driving record to the State licensing 
agency is already required by Sec. 391.23.
    The FHWA now proposes to replace the requirements related to the 
record of violations with similar requirements involving an annual 
inquiry to the State licensing agency regarding drivers' driving 
records. Interested persons are invited to send comments concerning the 
paperwork burden of this proposal to the Office of Management and 
Budget (OMB). See the Paperwork Reduction Act section below under 
Rulemaking Analyses and Notices for further information.
    The sections to be removed or amended by this proposal include 
Secs. 391.11(b)(8); 391.25; 391.27; 391.51(b)(3) and (b)(4); 
391.51(h)(2) and (h)(3); 391.63(a)(3) and (a)(4); 391.67(a); and 
391.68(a). This replacement would create a more effective means for the 
motor carrier to obtain information about its drivers' moving 
violations during the previous 12 months because it does not rely upon 
the memory or honesty of the driver. This amendment would further 
highway safety by requiring the motor carrier to better verify that its 
drivers have not lost their driving privileges and have not been 
otherwise disqualified to drive a CMV. It would also provide a way for 
a motor carrier to check whether its drivers who are subject to the CDL 
standards have reported their convictions, disqualifications, and 
license suspensions, revocations, and cancellations as required by 
Secs. 383.31(a) and 383.33. Many motor carriers or their insurance 
providers already make such inquiries at least once per year, which is 
good evidence that the technique is useful in a safety program.
Road Test
    Section 391.31 prohibits a driver from driving a CMV unless he/she 
has successfully completed a road test which is administered by the 
prospective employing motor carrier. A motor carrier may accept a 
driver's license as equivalent to a road test if such driver-applicant 
completed a road test in the type of CMV that the motor carrier intends 
to assign to him or her, as part of the licensing process. A motor 
carrier may also accept a certification of road test issued to the 
driver-applicant within the preceding three years. In any event, a 
driver-applicant must demonstrate the ability to safely operate the 
type of CMV to which he/she will be assigned.
    In order to obtain a CDL, a driver must pass a driving skills test 
in a CMV which is comparable to the CMV that the driver expects to 
operate. At the discretion of a State, either a driving record and 
previous passage of an acceptable driving skills test or a driving 
record in combination with certain driving experience may be 
substituted for the driving skills test (49 CFR 383.77). In all cases, 
a driver must demonstrate the ability to operate a certain type of CMV 
safely.
    The road test requirements in part 391 are redundant for those 
driver-applicants who are required to possess a commercial driver's 
license or who successfully completed a road test, as part of the 
process of obtaining some other type of license or as required by an 
employer, in a CMV comparable to the vehicle they own or will drive. 
Motor carriers are in a better position than the FHWA to decide whether 
a road test remains an effective method for determining whether driver-
applicants who are subject to the driver qualification standards in 
part 391, but who are not required to possess a commercial driver's 
license, can safely operate their CMVs. The choice should be made by 
the prospective employer based on the available information, such as 
the nature and extent of a driver-applicant's driving experience; the 
type of driver's license that the driver-applicant possesses; the 
requirements that the driver-applicant had to meet for such license to 
be issued; the number and severity of convictions for violations of 
motor vehicle laws; any denial, revocation, or suspension of any 
driver's license; and information provided by previous employers. Such 
information must be obtained by the new employer [49 CFR 391.21 and 
391.23]. The removal of the road test would not affect the requirement 
under 49 CFR 391.11(b)(3) that a driver be able to operate the type of 
CMV safely that he or she drives by reason of experience, training, or 
both.
    The removal of the requirements related to the road test would 
reduce the paperwork burden upon motor carriers and make the driver 
qualification requirements more performance oriented. One thrust of the 
Zero Base Regulatory Review is to allow motor carriers more flexibility 
in making their operations safe and achieving compliance.
    Motor carriers that want to continue giving road tests to their 
driver-applicants might prefer the retention of a regulatory 
requirement. This is not sufficient reason to retain the road test 
provisions. 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)].
    The FHWA proposes to remove the requirements related to the road 
test. The sections affected by this proposed removal include 
Secs. 391.11(b)(10), 391.31, 391.33, 391.49(d)(5), 391.51(c)(4), 
391.51(d)(2), 391.61, 391.67(c), 391.68(c), 391.69, and 391.73. The 
FHWA, however, proposes to retain the requirement in Sec. 391.49(d)(5) 
that a road test be administered to a driver who applies for a waiver 
of physical disqualification. The FHWA believes that the agency should 
consider only those driver applicants who have successfully completed a 
road test

[[Page 3859]]

administered by the motor carrier co-applicant or other appropriate 
person, for a waiver of physical disqualification.
Driver Qualification Files
    A driver qualification file contains all required documentation 
that a driver is qualified to drive a CMV in interstate commerce. These 
recordkeeping requirements facilitate enforcement of the driver 
qualification standards by enabling FHWA officials to check compliance 
quickly. Section 391.51(b)(5) also requires a driver qualification file 
to include any other matter which relates to the driver's 
qualifications or ability to drive a CMV safely. The FMCSRs offer no 
examples or further clarification of what these additional records or 
documents might include. A recordkeeping requirement for a nonspecific 
record is not necessary. Furthermore, the rules in part 391 establish 
minimum qualifications for CMV drivers, and motor carriers are not 
prohibited from establishing more stringent driver qualification 
standards. In any case, a motor carrier is permitted to maintain any 
document in a driver qualification file regardless of the document's 
relation to driver qualifications. The FHWA proposes to remove 
Sec. 391.51(b)(5) because it is unclear and unnecessary.
    Section 391.51 includes exemptions for several types of drivers who 
are covered more broadly in Subpart G--Limited Exemptions. The driver 
qualification file requirements would be easier to understand if 
Sec. 391.51 contained only the general requirements. A motor carrier 
could easily determine the driver qualification requirements for a 
specific driver by comparing Sec. 391.51 with subpart G. The FHWA 
proposes to amend Sec. 391.51 to exclude all but the general 
requirements for driver qualification files. This proposal integrates 
Sec. 391.51(c) into Sec. 391.51(b) and removes paragraphs (d) and (e) 
of Sec. 391.51.
Intermittent, Casual, or Occasional Drivers
    Section 391.63 contains a limited exemption from certain driver 
qualification requirements for a motor carrier which employs an 
intermittent, casual, or occasional driver. That term is defined in 
Sec. 390.5 as a driver who in any period of seven consecutive days is 
employed or used by more than a single motor carrier. A driver who is 
employed by a single motor carrier meets the definition of a regularly 
employed driver in Sec. 390.5 even though he or she might work only 
intermittently or occasionally. In an effort to promote clarity, the 
FHWA proposes to replace the confusing term intermittent, casual, or 
occasional driver in Sec. 390.5 and part 391 with the term multiple-
employer driver.
Drivers Furnished by Other Motor Carriers
    Section 391.65 contains a limited exemption from the generally 
applicable driver qualification requirements for a motor carrier that 
employs a driver who was furnished by another motor carrier if the 
furnishing motor carrier certifies in writing that the driver is fully 
qualified to drive a CMV. This written statement, commonly called a 
qualification certificate, must be substantially in accordance with the 
form in Sec. 391.65(a)(2). A motor carrier which certifies a driver's 
qualification is required under Sec. 391.65(c)(2) to recall the 
unexpired certificate carried by the driver immediately upon learning 
that the driver is no longer qualified under the regulations in part 
391. It is unreasonable to require a motor carrier to recall a 
qualification certificate because the carrier's only option is to 
request the driver to return the certificate. If the driver is 
uncooperative or no longer employed by the motor carrier, there is no 
obvious means of securing the return of a certificate of qualification.
    The FHWA, therefore, proposes to remove Sec. 391.65(c)(2). Instead, 
a new version of Sec. 391.65(c) would declare that the qualification 
certificate is no longer valid when the driver leaves the employment of 
the motor carrier that issued it or is no longer qualified under part 
391. The FHWA also proposes to require that a motor carrier which 
employs a driver furnished by another motor carrier contact the motor 
carrier which issued the qualification certificate to verify its 
validity. This would prevent a driver from obtaining employment through 
use of an invalid or false qualification certificate. The FHWA does not 
propose to require a motor carrier to make a written record of this 
contact. This is in not intended to lessen the motor carrier's 
responsibility to ensure that the driver is fully qualified under the 
regulations in part 391. Interested persons are invited to send 
comments concerning the burden of this proposed requirement to obtain 
information, to the OMB. See the Paperwork Reduction Act section below 
under Rulemaking Analyses and Notices for further information.
Drivers Operating in Hawaii
    Section 391.69 provides a limited exemption from certain driver 
qualification requirements for drivers who have been regularly employed 
by motor carriers operating in the State of Hawaii continuously since 
before April 1, 1975. Section 391.61 provides a limited exemption from 
the same requirements for drivers who have been regularly employed by 
motor carriers continuously since before January 1, 1971. For a motor 
carrier operating in the State of Hawaii, there is considerable overlap 
between these exemptions. The only difference is that drivers in Hawaii 
need 4\1/4\ fewer years of continuous employment to qualify for the 
exemption. Since very few, if any, Hawaiian drivers fall into this 
category, Sec. 391.69 is largely redundant and the FHWA proposes to 
remove it. The FHWA requests comments from motor carriers operating in 
the State of Hawaii as to whether they employ a substantial number of 
drivers who have been regularly employed for a continuous period which 
began before April 1, 1975, but on or after January 1, 1971.
Intrastate Drivers of Vehicles Transporting Class 3 Combustible Liquids
    Section 391.71 contains a limited exemption from certain driver 
qualification requirements for drivers who have been regularly employed 
by motor carriers continuously since July 1, 1975, and who drive a CMV 
transporting Class 3 combustible liquids in intrastate commerce. On 
January 24, 1974 [39 FR 2768], Hazardous Materials Docket No. HM-102 
established the term combustible liquids which resulted in drivers and 
motor vehicles engaged in intrastate operations performed by interstate 
motor carriers becoming subject to the FMCSRs for the first time. 
Several commenters requested that a permanent exemption be granted from 
the requirements of part 391, but provided no data in support thereof. 
Nonetheless, a limited exemption was provided to address the 
commenters' concerns and minimize the paperwork burden upon the 
affected intrastate operations of interstate motor carriers, which 
generally include the local delivery of fuel oil and heating oil.
    Section 397.2, adopted in 1971, requires that a motor carrier or 
other person to whom part 397 applies comply with the FMCSRs (49 CFR 
parts 390 through 397) when the person is transporting hazardous 
materials requiring the motor vehicle to be marked or placarded. 
Section 397.2 was issued jointly under the Explosives and Other 
Dangerous Articles Act (EODAA) [formerly 18 U.S.C. 831-835] and the 
Interstate Commerce Act (ICA) [now 49 U.S.C. 31502]. The scope of the 
EODAA was considered to be broader than that of the ICA and to reach 
the intrastate

[[Page 3860]]

operations of an interstate motor carrier. The EODAA was repealed by 
the Hazardous Liquid Pipeline Safety Act of 1979 (HLPSA) [49 U.S.C. 
60101-60125]. The provisions of the EODAA which were in part the 
authority for Sec. 397.2 were not continued in the HLPSA.
    Section 177.804 of the Hazardous Materials Regulations (HMRs) 
requires motor carriers and other persons subject to 49 CFR part 177 to 
comply with the FMCSRs (49 CFR parts 390 through 397) to the extent 
those regulations apply. Section 177.804 was issued under the authority 
of the Hazardous Materials Transportation Act (HMTA) [49 U.S.C. 5101 et 
seq.] as a final rule without notice or opportunity for comment. The 
purpose of the issuance of Sec. 177.804 was to make civil penalties and 
other enforcement tools of the HMTA applicable to hazardous materials 
carriers already subject to the FMCSRs. The issuance of Sec. 177.804 
merely reissued, under new authority, regulations already in effect. 
Section 177.804 incorporated the FMCSRs by reference; therefore, the 
applicability and preemptive effects of the FMCSRs, as reissued under 
the HMTA, were not changed.
    Consequently, no authority exists to support application of parts 
390 through 399 of the FMCSRs to a motor carrier or driver who operates 
a CMV transporting hazardous materials in intrastate commerce whether 
or not the motor carrier has an interstate operation. Therefore, the 
FHWA proposes to remove Sec. 391.71. However, the Controlled Substances 
and Alcohol Use and Testing standards in part 382 and the CDL standards 
in part 383 apply to drivers and their employers who operate CMVs 
transporting hazardous materials in a quantity requiring placarding, in 
intrastate commerce. The financial responsibility standards in part 387 
continue to apply to motor carriers operating motor vehicles 
transporting certain types of hazardous materials, hazardous 
substances, and hazardous waste in certain types of containment 
systems, in intrastate commerce.
Private Motor Carrier of Passengers (Business)
    Section 391.73 contains a limited exemption from certain driver 
qualification requirements for a driver who has been a regularly 
employed driver of a private motor carrier of passengers (business) 
since July 1, 1994, and continues to be so employed by that motor 
carrier. With the proposed removal of Secs. 391.69 and 391.71, the 
limited exemptions in subpart G of part 391 would appear in a logical 
sequence if the limited exemption for drivers of private motor carriers 
of passengers (business) immediately followed the limited exemption for 
drivers of private motor carriers of passengers (nonbusiness) in 
Sec. 391.68. The FHWA proposes to move Sec. 391.73 to Sec. 391.69.

Part 392--Driving of Motor Vehicles

    The primary purpose of part 392 is to ensure that CMVs are driven 
in a safe manner.
Equipment, Inspection and Use
    Section 392.7 prohibits a CMV from being driven unless the driver 
is satisfied that nine specified parts and accessories are in good 
working order. Section 396.13(a) requires a driver to be satisfied that 
the CMV is in safe operating condition before driving the CMV. One of 
these duplicative sections should be removed. The FHWA believes that 
this requirement is more appropriately contained in Sec. 396.13(a) 
because it addresses equipment condition more than safe driving.
    Section 392.7 also requires a driver to use or make use of the same 
nine specified parts and accessories when and as needed. All of these 
parts and accessories including the service brakes, tires, horn, 
windshield wipers, etc. are essential vehicular components which 
drivers necessarily use. It is redundant for the FMCSRs to require 
their use by a driver when and as needed. Therefore, the FHWA proposes 
to remove Sec. 392.7.
Emergency Equipment; Inspection and Use
    Part 393 prohibits the operation of a CMV that is not equipped in 
accordance with the requirements and specifications therein. Section 
393.95 requires all power units to be equipped with specific emergency 
equipment. Section 392.8 prohibits a CMV from being driven unless the 
driver is satisfied that the emergency equipment required by 
Sec. 393.95 is in place and ready for use. Section 396.11 requires a 
driver to prepare a driver vehicle inspection report (DVIR), which 
covers emergency equipment, at the completion of each day's work on 
each motor vehicle operated. If the emergency equipment is found to be 
defective or missing, this must be shown on the DVIR. Section 396.13 
requires the next driver to review the last DVIR and sign it, if 
defects or deficiencies were noted by the previous driver, to 
acknowledge that the DVIR was reviewed and that there is a 
certification that the required repairs have been completed.
    Section 392.8 also requires a driver to use or make use of the 
emergency equipment required by Sec. 393.95 when and as needed. Section 
393.95 requires all power units to be equipped with a fire extinguisher 
(except a driven unit in a driveaway-towaway operation), a spare fuse 
or other overload protection device if the devices used cannot be 
reset, for each kind and size used, and one of several combinations of 
warning devices depending on the date the power unit was equipped with 
the warning devices. Section 392.22(b) stipulates how warning devices 
must be placed when a CMV is stopped upon the traveled portion or 
shoulder of a highway and, therefore, covers how warning devices must 
be used when needed. It is readily evident to a driver when the use of 
a fire extinguisher or spare fuse would be necessary in an emergency. 
It is unnecessary for the FMCSRs to impose a general requirement upon 
drivers to use or make use of a fire extinguisher or spare fuse when 
and as needed. The FHWA proposes to remove Sec. 392.8 because the 
requirement that emergency equipment be in place, ready for use, and 
used when and as needed is adequately addressed by other sections of 
the FMCSRs.
Drivers of Trucks and Truck Tractors
    Section 392.9(b) requires a driver of a truck or truck tractor to 
assure himself/herself that the motor vehicle's cargo is properly 
loaded and secured before driving, inspect the motor vehicle's cargo 
and its securement within the first 25 miles of driving, reexamine the 
cargo and its securement at a change of duty status or after 3 hours or 
150 miles of driving, and make any necessary adjustments to the cargo 
or load securing devices. These requirements are highly prescriptive 
and enforcement of them is laborious and burdensome. The regulations 
for protection against shifting or falling cargo are contained in 
subpart I of part 393. Section 392.9(a) prohibits a CMV from being 
driven unless the CMV's cargo is properly distributed and adequately 
secured in accordance with subpart I of part 393. Section 392.9(b) is 
therefore unnecessary. The FHWA proposes to remove Sec. 392.9(b) to 
provide motor carriers the flexibility to develop their own policies 
and methods to ascertain that a CMV's cargo is properly distributed and 
adequately secured in accordance with subpart I of part 393. The 
proposed removal of Sec. 392.9(b) would not lessen the responsibility 
of a motor carrier or driver to ensure a CMV's cargo is distributed and 
secured in a suitable manner to prevent shifting and falling.
    Section 392.9(c)(1) prohibits a person from driving a bus unless 
all standees

[[Page 3861]]

are rearward of the standee line. This prohibition would be more 
appropriately located in subpart G, Prohibited Practices, of part 392 
because it addresses unsafe driving more than safe loading. The FHWA 
proposes to move Sec. 392.9(c)(1) to Sec. 392.62 and entitle the 
section ``Driving of buses, standee line or bar.''
    Section 392.9(c)(2) prohibits a person from driving a bus unless 
all aisle seats in a bus conform to the requirements of Sec. 393.91. 
Section 393.91 requires aisle seats in a bus to be securely fastened to 
the motor vehicle and to automatically fold and leave a clear aisle 
when unoccupied. Section 393.1 prohibits a CMV from being operated 
unless it is equipped in accordance with the requirements and 
specifications contained therein. The FHWA proposes to remove 
Sec. 392.9(c)(2) because it is redundant.
    Section 392.9(c)(3) prohibits a person from driving a bus unless 
the baggage, freight, and express on the bus is stowed and secured in a 
safe manner. The FHWA proposes to move Sec. 392.9(c)(3) to 
Sec. 392.9(b).
Hearing Aid To Be Worn
    Section 392.9b requires a driver whose hearing meets the minimum 
standards in Sec. 391.41(b)(11) only when wearing a hearing aid to wear 
an operating hearing aid while driving and possess a spare power 
source. However, if a driver meets the hearing standards only when 
wearing a hearing aid, Sec. 391.43(g)(1) requires the medical examiner 
to mark the appropriate place, or to write in the statement ``Qualified 
only when wearing a hearing aid,'' on the medical examiner's 
certificate. Therefore, a driver who meets the hearing standards only 
when wearing a hearing aid is not medically qualified to drive a CMV in 
interstate commerce when not wearing a hearing aid. A driver who is 
subject to and does not meet the medical qualification standards is 
prohibited from driving a CMV in interstate commerce.
    Section 392.9b is duplicative of the driver qualification 
requirements in part 391. The FHWA wants to avoid repetition in the 
FMCSRs. In addition, the carriage of extra equipment, including spare 
power sources for hearing aids, to ensure against possible 
contingencies is best addressed by company policy. The removal of 
Sec. 392.9b would not affect the requirement that a driver comply with 
the hearing standards when operating a CMV in interstate commerce. The 
FHWA proposes to remove Sec. 392.9b.
Railroad Grade Crossing; Stopping Required
    Section 392.10 requires the driver of a cargo tank motor vehicle or 
a CMV transporting passengers, chlorine, or hazardous materials 
requiring placarding or marking to stop the CMV and ascertain that no 
train is approaching before crossing a railroad grade. Section 392.10 
also prohibits a driver of these types of CMVs from shifting gears when 
crossing the tracks. The National Transportation Safety Board (NTSB) 
recommended that the FHWA amend Sec. 392.10 to require CMVs 
transporting hazardous materials requiring placarding to stop prior to 
crossing a railroad grade with a warning device only when the device is 
activated to warn drivers of an approaching train. A warning device 
includes a functioning highway traffic signal, gate, or a device that 
uses sound or light(s) to warn drivers of an approaching train. This 
recommendation would make Sec. 392.10 consistent with the Uniform 
Vehicle Code. It is not necessary for CMVs to stop immediately prior to 
crossing a railroad grade when a warning device is present and not 
activated. The FHWA, therefore, proposes to amend Sec. 392.10 to 
implement the NTSB's recommendation.
Drawbridges; Slowing Down of Commercial Motor Vehicles
    Section 392.13 requires a CMV that is approaching a drawbridge to 
be driven at a rate of speed which will permit the CMV to be stopped 
before reaching the lip of the draw and to proceed only when the draw 
is completely closed. State and local law enforcement officers are 
responsible for enforcing regulations regarding stopping and slowing of 
CMVs approaching drawbridges. Section 392.13 is not easily enforced by 
special agents of the FHWA and is more appropriately addressed by State 
and local traffic laws. The FHWA proposes to remove Sec. 392.13.
Hazardous Conditions; Extreme Caution
    Section 392.14 requires a CMV driver to exercise extreme caution 
and reduce speed when hazardous conditions adversely affect visibility 
and traction. If driving conditions become sufficiently dangerous, a 
CMV driver must discontinue operation of the CMV until driving 
conditions improve to the point in which the CMV can be safely 
operated. Whenever compliance with these requirements increases hazard 
to passengers, however, the CMV may be operated to the nearest point 
where the safety of the passengers is assured.
    These requirements are fundamental safe driving practices and are 
likely incorporated into the policy manuals of most motor carriers. In 
addition, most, if not all, State and local authorities prohibit the 
driving of a motor vehicle at a speed during adverse driving conditions 
which endangers the safety of the motoring public, even though such 
speed is at or below the posted speed limit. These requirements are 
already and more appropriately monitored and enforced by State and 
local authorities. The FHWA proposes to remove Sec. 392.14.
Required and Prohibited Use of Turn Signals
    Section 392.15 contains requirements and prohibitions regarding the 
use of turn signals which are already and more appropriately monitored 
and enforced by State and local authorities. The FHWA proposes to 
remove Sec. 392.15.
Unattended Vehicles; Precautions
    Section 392.20 prohibits a CMV from being left unattended until the 
parking brake has been securely set and all reasonable precautions have 
been taken to prevent movement. The parking and attendance of a CMV 
containing no hazardous materials are more appropriately monitored and 
enforced by State and local authorities. The FHWA proposes to remove 
Sec. 392.20.
Emergency Signals; Stopped Vehicles
    Section 392.22(b) stipulates how warning devices must be placed 
when a CMV is stopped on the traveled portion or shoulder of a highway. 
The general rule requires that three warning devices be placed in 
various directions and at various approximate distances from the 
stopped CMV. One warning device must be placed at the traffic side of 
the stopped CMV within 10 feet of the front or rear of the CMV. Another 
warning device must be placed approximately 100 feet from the stopped 
CMV in the center of the occupied traffic lane or shoulder in the 
direction of approaching traffic. A third warning device must be placed 
approximately 100 feet from the stopped CMV in the center of the 
occupied lane or shoulder in the opposite direction from the other two 
warning devices.
    The warning devices are often not placed at the correct locations. 
All three warning devices are often incorrectly placed behind the 
stopped CMV in the direction toward approaching traffic. The FHWA 
proposes to amend the regulatory language to promote better 
understanding of the requirements.
    The warning devices are often not placed at the correct distances 
from the

[[Page 3862]]

stopped CMV, in part because of the inability of drivers to determine 
approximate distances correctly by eye. To address this problem, the 
FHWA proposes to include the number of paces within parentheses next to 
the required distances; the proposed rule treats one pace as 2.5 feet. 
This will aid compliance by providing more guidance on the placement of 
emergency warning devices.
Emergency Signals; Dangerous Cargoes
    Section 392.25 prohibits the use of any flame-producing emergency 
signal for protecting any CMV transporting Division 1.1, 1.2, and 1.3 
explosives; any cargo tank motor vehicle used for the transportation of 
any flammable liquid or flammable compressed gas, whether loaded or 
empty; or any CMV using compressed gas as a motor fuel. Section 
393.95(g) prohibits any signal produced by a flame, including liquid 
burning emergency flares, fusees, and oil lanterns, to be carried on 
the same types of CMVs. It is unnecessary to prohibit the use of such 
signals when it is already illegal to have them in the CMV. The FHWA 
proposes to remove Sec. 392.25.
Notification of License Revocation
    Section 392.42 requires a driver who receives a notice that his/her 
license, permit, or privilege to operate a CMV has been revoked, 
suspended, or withdrawn to notify his/her employing motor carrier of 
such action before the end of the business day following the day of 
notification. This notification requirement would be more appropriately 
included in Sec. 391.15, entitled ``Disqualification of drivers,'' 
because it addresses the disqualification of drivers more than safe 
driving. The FHWA proposes to move the notification requirement in 
Sec. 392.42 to Sec. 391.15(b)(2), and entitle paragraph (b) ``Loss of 
driving privileges.''
    The FHWA requests comments from State driver licensing agencies 
regarding whether such agencies send a written notification to the 
employing motor carrier of a driver who has had his/her license, 
permit, or privilege to operate a CMV revoked, suspended, or withdrawn. 
For those agencies that do, the FHWA requests information about whether 
the driver receives a written notification from the agency stating that 
the agency has sent written notification of the revocation, suspension, 
or withdrawal to his/her employing motor carrier. Upon consideration of 
comments in response to this request, the FHWA may add additional 
language to Sec. 391.15(b) which would exempt a driver of his/her 
notification requirement if the State licensing agency sends written 
notification to the driver's employing motor carrier of the revocation, 
suspension, or withdrawal and also sends written notification to the 
driver that his/her employing motor carrier was sent such written 
notification.
Reserve Fuel
    Section 392.51 prohibits the supply of fuel for the propulsion of a 
CMV or the operation of its accessories from being carried on the CMV 
except in a properly mounted fuel tank or tanks. Section 392.51 is 
intended to address the carriage of small packages containing fuel when 
the fuel is intended for consumption by the CMV or its accessories. 
This practice, however, is not prohibited when the fuel is intended for 
other purposes such as consumption by machinery being transported. The 
FHWA believes there is no sound reason to prohibit the carriage of 
small packages containing fuel in some but not all circumstances. The 
FHWA proposes to remove Sec. 392.51.
Buses; Fueling
    Section 392.52 prohibits the fueling of a bus in a closed building 
with passengers aboard and limits the number of times a bus may be 
fueled with passengers aboard to the minimum number of times necessary. 
The fueling of a bus in a closed building with passengers aboard is an 
extremely rare occurrence which does not warrant a Federal prohibition. 
The number of times a bus is fueled with passengers aboard has little 
effect upon highway safety and is not an issue which is properly 
addressed by the FMCSRs. The FHWA proposes to remove Sec. 392.52.
Motive Power Not To Be Disengaged
    Section 392.68 prohibits a CMV from being driven with the source of 
motive power disengaged from the driving wheels except when such 
disengagement is necessary to stop or to shift gears. Such a 
prohibition is more appropriately monitored and enforced by State and 
local authorities. The FHWA proposes to remove Sec. 392.68.

Part 395--Hours of Service of Drivers

    The primary purpose of part 395 is to prevent a CMV driver from 
driving while fatigued by establishing hours of service limitations and 
recordkeeping requirements.
Definitions
On Duty Time
    The driver requirements of Secs. 392.7 and 392.8 relating to 
inspection and use of parts, accessories, and emergency equipment is 
mentioned in paragraph (2) of the definition of on duty time in 
Sec. 395.2. As previously explained, the FHWA proposes to remove 
Secs. 392.7 and 392.8, thereby necessitating a revision of paragraph 
(2).

Part 396--Inspection, Repair, and Maintenance

    The primary purpose of part 396 is to ensure that CMVs are in safe 
operating condition by requiring motor carriers to systematically 
inspect, repair, and maintain, or cause to be systematically inspected, 
repaired, and maintained, all motor vehicles subject to their control.
Driver Vehicle Inspection Reports
    Section 396.11(c)(3) requires a legible copy of the last DVIR to be 
carried on the power unit. The reason for this retention requirement is 
to enable roadside inspectors to determine whether a DVIR was prepared 
at the completion of the previous day's work. However, the decision to 
conduct a roadside inspection of the CMV is not influenced by the 
presence or absence of a DVIR. Furthermore, failure to have a copy of 
the last DVIR in the power unit is not an out-of-service violation 
under the North American Out-of-Service Criteria. The FHWA proposes to 
remove Sec. 396.11(c)(3) because its benefit is outweighed by the 
burden imposed. This proposed removal is in no way intended to affect 
the accessibility of the last DVIR which a driver must review before 
driving a CMV. The FHWA proposes to amend Sec. 396.13(b) by removing 
the language that the last DVIR is required to be carried on the power 
unit.
    For ease of reference, a distribution table is provided for the 
current sections and the proposed sections as follows:

----------------------------------------------------------------------------------------------------------------
                Current section                                         Proposed section                        
----------------------------------------------------------------------------------------------------------------
387.5.........................................  387.5 definitions revised.                                      
    For-hire carriage.........................  Revised.                                                        
    Motor carrier.............................  Revised.                                                        
387.27........................................  387.27(b)(4) added.                                             

[[Page 3863]]

                                                                                                                
387.29........................................  387.29 definitions revised.                                     
    For-hire carriage.........................  Revised.                                                        
    Motor carrier.............................  Revised.                                                        
    Motor common carrier......................  Removed.                                                        
    Motor contract carrier....................  Removed.                                                        
390.3(f)(2)...................................  Revised.                                                        
390.5.........................................  390.5 definitions revised.                                      
    Accident..................................  Revised.                                                        
    Commercial motor vehicle..................  Revised.                                                        
    Interstate commerce.......................  Revised.                                                        
    Intermittent, casual, or occasional driver  Renamed: Multiple-employer driver.                              
    Principal place of business...............  Revised.                                                        
    Regularly employed driver.................  Renamed: Single-employer driver.                                
                                                390.29 added.                                                   
391.11(b)(4)..................................  Removed.                                                        
391.11(b)(5)..................................  Removed.                                                        
391.11(b)(6)..................................  391.11(b)(4).                                                   
391.11(b)(7)..................................  391.11(b)(5).                                                   
391.11(b)(8)..................................  Removed.                                                        
391.11(b)(9)..................................  391.11(b)(6).                                                   
391.11(b)(10).................................  Removed.                                                        
391.11(b)(11).................................  Removed.                                                        
391.15(b).....................................  391.15(b) (1) and (2).                                          
391.25........................................  Revised.                                                        
391.27........................................  Removed and reserved.                                           
391.31........................................  Removed and reserved.                                           
391.33........................................  Removed and reserved.                                           
391.49(d)(5)..................................  Revised.                                                        
391.51(a).....................................  Revised.                                                        
391.51(b).....................................  Revised.                                                        
391.51(c).....................................  Removed.                                                        
391.51(d).....................................  Removed.                                                        
391.51(e).....................................  Removed.                                                        
391.51(f).....................................  391.51(c) and revised.                                          
391.51(g).....................................  Removed.                                                        
391.51(h).....................................  391.51(d) and revised.                                          
391.61........................................  Revised.                                                        
391.63........................................  Revised.                                                        
391.65(b).....................................  Revised.                                                        
391.65(c).....................................  Revised.                                                        
391.67........................................  Revised.                                                        
391.68........................................  Revised.                                                        
391.69........................................  Removed.                                                        
391.71........................................  Removed and reserved.                                           
391.73........................................  391.69 and revised.                                             
392.7.........................................  Removed and reserved.                                           
392.8.........................................  Removed and reserved.                                           
392.9(b)......................................  Removed.                                                        
392.9(c)(1)...................................  392.62.                                                         
392.9(c)(2)...................................  Removed.                                                        
392.9(c)(3)...................................  392.9(b).                                                       
392.9b........................................  Removed and reserved.                                           
392.10(b)(1)..................................  392.10(b)(3).                                                   
392.10(b)(3)..................................  391.10(b)(1) and revised.                                       
392.13........................................  Removed and reserved.                                           
392.14........................................  Removed and reserved.                                           
392.15........................................  Removed and reserved.                                           
392.20........................................  Removed and reserved.                                           
392.22(b)(1)..................................  Revised.                                                        
392.25........................................  Removed and reserved.                                           
392.42........................................  Removed and reserved.                                           
392.51........................................  Removed and reserved.                                           
392.52........................................  Removed and reserved.                                           
392.62........................................  Added.                                                          
392.68........................................  Removed and reserved.                                           
395.1(g)......................................  Removed.                                                        
395.1(h)......................................  395.1(g).                                                       
395.1(i)......................................  395.1(h).                                                       
395.1(j)......................................  395.1(i).                                                       
395.1(k)......................................  395.1(j).                                                       
395.2.........................................  395.2 definitions revised.                                      
On-duty time..................................  Revised.                                                        
395.8(k)(1)...................................  Revised.                                                        
396.11(b).....................................  Revised.                                                        

[[Page 3864]]

                                                                                                                
396.11(c).....................................  Revised.                                                        
396.11(c)(1)..................................  Revised.                                                        
396.11(c)(2)..................................  Revised.                                                        
396.11(c)(3)..................................  Removed.                                                        
396.11(d).....................................  Revised.                                                        
396.13(b).....................................  Revised.                                                        
397.19(b).....................................  Revised.                                                        
----------------------------------------------------------------------------------------------------------------

Rulemaking Analyses and Notices

    All comments received before the close of business on the comment 
closing date indicated above will be considered and will be available 
for examination in the docket at the above address. Comments received 
after the comment closing date will be filed in the docket and will be 
considered to the extent practicable, but the FHWA may issue a final 
rule at any time after the close of the comment period. In addition to 
late comments, the FHWA will also continue to file relevant information 
in the docket as it becomes available after the comment closing date, 
and interested persons should continue to examine the docket for new 
material.

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

    The FHWA has determined that this regulatory action is not 
significant under Executive Order 12866 or regulatory policies and 
procedures of the DOT. It is anticipated that the economic impact of 
this rulemaking will be minimal. In addition, this regulatory action is 
not expected to cause an adverse effect on any sector of the economy. 
The regulations which are the subject of this proposed rule are 
obsolete, redundant, unnecessary, ineffective, burdensome, more 
appropriately regulated by State and local authorities, better 
addressed by company policy, in need of clarification, or more 
appropriately contained in another section. Thus, this rulemaking will 
actually lessen the burden imposed by these regulations which will be 
removed, amended, or redesignated as a result. No serious inconsistency 
or interference with another agency's actions or plans will result 
because this rulemaking deals exclusively with the FMCSRs. In addition, 
the rights and obligations of recipients of Federal grants will not be 
materially affected by this regulatory action. In light of this 
analysis, the FHWA finds that 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 proposed rule on small 
entities. The FHWA believes that this proposed rule would not have a 
significant economic impact on a substantial number of small entities. 
The FHWA intends to further evaluate the economic consequences of this 
proposal on small entities in light of the comments received in 
response to this notice.
    For the most part, this rulemaking would merely lessen the burden 
of complying with the FMCSRs by making these regulations clearer and 
less redundant. As a result, all entities which are subject to these 
regulations would benefit, regardless of the size of the entity. This 
regulatory action will also facilitate compliance with the FMCSRs by 
removing regulations on certain areas that are more appropriately 
addressed by company policy. This action would thus provide motor 
carriers with more flexibility to pursue their own attempts at 
furthering the safety of their operations.

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 proposed rule does not have sufficient federalism impacts to 
warrant the preparation of a Federalism Assessment.
    These proposed changes to the FMCSRs will not preempt any State law 
or State regulation and no additional costs or burdens will be imposed 
on the States thereby. In fact, regulatory burdens will be lessened as 
a result of this rulemaking. In addition, this rule will not have a 
significant effect on the States' ability to execute traditional State 
governmental functions.

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 do not apply to this program.

Paperwork Reduction Act

    The information collection requirements that would be imposed as a 
result of this rulemaking are being submitted to the OMB for approval 
in accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-
3520. This rulemaking proposes two new required collections of 
information. The first is a recordkeeping requirement, an annual 
inquiry into drivers' driving records, which would be included in the 
following information collection:
    Title: Driver Qualification Files.
    Affected Public: Approximately 373,000 motor carriers.
    Abstract: Motor carriers are required to maintain a driver 
qualification file for each CMV driver to document that the driver 
meets the qualification standards to drive in interstate commerce.
    Need: To ensure that motor carriers employ only qualified 
interstate CMV drivers.
    Requested Time Period of Approval: Three years.
    Estimated Annual Burden: Based on an estimate of 5,500,000 
interstate CMV drivers, annual inquiries into drivers' driving records 
would impose an estimated annual burden of 398,750 hours. The 
recordkeeping requirements related to the record of violations impose 
an estimated annual burden of 159,500 hours. The replacement of these 
requirements with the proposed recordkeeping requirements related to 
annual inquiries into drivers' driving records, would increase the 
total estimated annual burden of driver qualification files (approved 
by the OMB under control number 2125-0065) by 239,250 hours, from total 
836,916 hours to total 1,076,166 hours.
    The second proposed information collection is a requirement for 
motor carriers that use a driver who is furnished by another motor 
carrier, to obtain information regarding the validity of the driver's 
qualification certificate. This requirement would be included in the 
following information collection:
    Title: Qualification Certificate.
    Affected Public: Approximately 373,000 motor carriers.

[[Page 3865]]

    Abstract: A motor carrier that employs a driver who is furnished by 
another motor carrier, is exempt from maintaining a driver 
qualification file for such driver, provided a qualification 
certificate is obtained from the furnishing motor carrier.
    Need: To ensure that motor carriers employ only qualified 
interstate CMV drivers.
    Requested Time Period of Approval: Three years.
    Estimated Annual Burden: The proposed information collection 
involving contacts to verify the validity of qualification certificates 
would increase the total estimated annual burden of qualification 
certificates (approved by the OMB under control number 2125-0081) by 
13,750 hours, from 13,750 total hours to 27,500 total hours.
    Comments on these proposed collections of information may be 
submitted to the OMB. Interested parties should send comments to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, 725--17th Street, NW., Washington, DC 20503, Attention: Desk 
Officer for Federal Highway Administration. The OMB is required to make 
a decision concerning the proposed recordkeeping requirement between 30 
and 60 days after publication of this action. A comment to the OMB will 
be most effective if the OMB receives it within 30 days of publication.
    Comments are invited on any aspect of the proposed collections of 
information including, but not limited to: (1) The necessity and 
utility of the information collection for the proper performance of the 
functions of the FHWA; (2) the accuracy of the estimated burden; (3) 
ways to enhance the quality, utility, and clarity of the collected 
information; and (4) ways to minimize the collection burden without 
reducing the quality of the collected information.

National Environmental Policy Act

    The agency has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has 
determined that this action would not have any 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

49 CFR Part 387

    Hazardous materials transportation, Highways and roads, insurance, 
Motor carriers, Penalties, Reporting and recordkeeping requirements, 
Surety bonds.

49 CFR Part 390

    Highways and roads, Intermodal transportation, Motor carriers, 
Motor vehicle safety, Reporting and recordkeeping requirements.

49 CFR Part 391

    Highways and roads, Motor carriers--driver qualifications, Motor 
vehicle safety, Reporting and recordkeeping requirements.

49 CFR Part 392

    Highways and roads, Highway safety, Motor carriers--driving 
practices, Motor vehicle safety.

49 CFR Part 395

    Global positioning systems, Highways and roads, Intelligent 
transportation systems, Motor carriers--driver hours of service, Motor 
vehicle safety, Reporting and recordkeeping requirements.

49 CFR Part 396

    Highway safety, Highways and roads, Motor carriers, Motor vehicle 
maintenance, Motor vehicle safety, Reporting and recordkeeping 
requirements.

49 CFR Part 397

    Hazardous materials transportation, Highways and roads, Motor 
carriers, Motor vehicle safety.

    Issued on: January 7, 1997.
Rodney E. Slater,
Federal Highway Administrator.

    In consideration of the foregoing, the FHWA proposes to amend title 
49, Code of Federal Regulations, chapter III, subchapter B, parts 387, 
390, 391, 392, 395, 396, and 397 as set forth below:

PART 387--MINIMUM LEVELS OF FINANCIAL RESPONSIBILITY FOR MOTOR 
CARRIERS

    1. The authority citation for part 387 continues to read as 
follows:

    Authority: 49 U.S.C. 31138 and 31139; and 49 CFR 1.48.

    2. In Sec. 387.5, the definitions for-hire carriage and motor 
carrier are revised to read as follows:


Sec. 387.5  Definitions.

* * * * *
    For-hire carriage means transportation of property by a common, 
contract, or exempt commodity motor carrier of property.
* * * * *
    Motor carrier means a for-hire or private motor carrier of 
property.
* * * * *
    3. Section 387.27 is amended by adding paragraph (b)(4) to read as 
follows:


Sec. 387.27  Applicability.

* * * * *
    (b) * * *
    (4) A motor vehicle operated by a contract motor carrier providing 
transportation of preprimary, primary, and secondary students for 
extracurricular trips organized, sponsored, and paid by a school 
district.
    4. In Sec. 387.29, the definitions of the terms motor common 
carrier and motor contract carrier are removed; and the definitions of 
for-hire carriage and motor carrier are revised to read as follows:


Sec. 387.29  Definitions.

* * * * *
    For-hire carriage means transportation of passengers which is 
generally available to the public at large and is performed for a 
commercial purpose by a motor carrier which is directly or indirectly 
compensated, monetarily or otherwise, for the transportation service 
provided.
* * * * *
    Motor carrier means a person providing for-hire carriage.
* * * * *

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

    5. The authority citation for part 390 continues to read as 
follows:

    Authority: 49 U.S.C. 5901-5907, 31132, 31133, 31136, 31502, and 
31504; and 49 CFR 1.48.

    6. Section 390.3 is amended by revising paragraph (f)(2) to read as 
follows:


Sec. 390.3  General applicability.

* * * * *
    (f) * * *
    (2) Transportation performed by the Federal government, a State, or 
any political subdivision of a State, or an agency established under a 
compact between States that has been approved by the Congress of the 
United States.
* * * * *
    7. In Sec. 390.5, the definition of the term accident is revised; 
the terms

[[Page 3866]]

intermittent, casual, or occasional driver and  regularly employed 
driver are removed; the terms multiple-employer driver and single-
employer driver are added; and the terms commercial motor vehicle, 
interstate commerce, and principal place of business are revised. All 
are placed in alphabetical order and read as follows:


Sec. 390.5  Definitions.

* * * * *
    Accident means:
    (1) Except as provided in paragraph (2) of this definition, an 
occurrence involving a commercial motor vehicle operating on a public 
road (inclusive of privately owned roads which are accessible to the 
public) in interstate or intrastate commerce which results in:
    (i) A fatality;
    (ii) Bodily injury to a person who, as a result of the injury, 
immediately receives medical treatment away from the scene of the 
accident; or
    (iii) One or more motor vehicles incurring disabling damage as a 
result of the accident, requiring the motor vehicle(s) to be 
transported away from the scene by a tow truck or other motor vehicle.
    (2) The term accident does not include:
    (i) An occurrence involving only boarding and alighting from a 
stationary motor vehicle; or
    (ii) An occurrence involving only the loading or unloading of 
cargo.
* * * * *
    Commercial motor vehicle means any self-propelled or towed vehicle 
used on public highways in interstate commerce to transport passengers 
or property if the vehicle:
    (1) Has a gross vehicle weight rating or gross combination weight 
rating of 10,001 or more pounds; or
    (2) Is designed to transport 16 or more passengers, including the 
driver; or
    (3) Is of any size and is used in the transportation of materials 
found to be hazardous for the purposes of the Hazardous Materials 
Transportation Act (49 U.S.C. 5101 et seq.) and which require the motor 
vehicle to be placarded under the Hazardous Materials Regulations (49 
CFR Part 172, Subpart F).
* * * * *
    Interstate commerce means trade, traffic, or transportation in the 
United States--
    (1) Between a place in a State and a place outside of such State 
(including a place outside of the United States);
    (2) Between two places in a State through another State or a place 
outside of the United States; or
    (3) Between two places in a State as part of trade, traffic, or 
transportation described in paragraphs (1) or (2) of this definition.
* * * * *
    Multiple-employer driver means a driver, who in any period of 7 
consecutive days, is employed or used as a driver by more than one 
motor carrier. The qualification of such a driver shall be determined 
and recorded in accordance with the provisions of Secs. 391.63 or 
391.65 of this subchapter, as applicable.
* * * * *
    Principal place of business means:
    (1) For a motor carrier with a single place of business, the single 
location where records required by parts 387, 390, 391, and 395 of this 
subchapter must be maintained and where records required by parts 382 
and 396 of this subchapter must be made available for inspection within 
48 hours (Saturdays, Sundays, and Federal holidays excluded) after a 
request has been made by a special agent or authorized representative 
of the Federal Highway Administration.
    (2) For a motor carrier with multiple offices or terminals, the 
single location designated by the motor carrier, normally its 
headquarters, where records required by parts 382, 387, 390, 391, 395, 
and 396 must be made available for inspection within 48 hours 
(Saturdays, Sundays, and Federal holidays excluded) after a request has 
been made by a special agent or authorized representative of the 
Federal Highway Administration.
* * * * *
    Single-employer driver means a driver who, in any period of 7 
consecutive days, is employed or used as a driver solely by a single 
motor carrier. Such term includes a driver who operates a commercial 
motor vehicle on an intermittent, casual, or occasional basis.
* * * * *
     8. Section 390.29 is added to read as follows:


Sec. 390.29  Location of records or documents.

    (a) A motor carrier with multiple offices or terminals may maintain 
the records and documents required by this subchapter at a regional 
office or driver work-reporting location unless otherwise specified in 
this subchapter.
    (b) All records and documents required by this subchapter which are 
maintained at a regional office or driver work-reporting location shall 
be made available for inspection upon request by a special agent or 
authorized representative of the Federal Highway Administration at the 
motor carrier's principal place of business or other location specified 
by the agent or representative within 48 hours after a request is made. 
Saturdays, Sundays, and Federal holidays are excluded from the 
computation of the 48-hour period of time.

PART 391--QUALIFICATIONS OF DRIVERS

    9. The authority citation for part 391 continues to read as 
follows:

    Authority: 49 U.S.C. 504, 31133, 31136, and 31502; and 49 CFR 
1.48.


Sec. 391.11  [Amended]

    10. Section 391.11 is amended by revising paragraph (b) to read as 
follows:


Sec. 391.11  Qualifications of drivers.

* * * * *
    (b) Except as provided in subpart G of this part, a person is 
qualified to drive a motor vehicle if he/she--
    (1) Is at least 21 years old;
    (2) Can read and speak the English language sufficiently to 
converse with the general public, to understand highway traffic signs 
and signals in the English language, to respond to official inquiries, 
and to make entries on reports and records;
    (3) Can, by reason of experience, training, or both, safely operate 
the type of commercial motor vehicle he/she drives;
    (4) Is physically qualified to drive a commercial motor vehicle in 
accordance with subpart E--Physical Qualifications and Examinations of 
part 391;
    (5) Has a currently valid commercial motor vehicle operator's 
license issued only from one State or jurisdiction; and
    (6) Is not disqualified to drive a commercial motor vehicle under 
the rules in Sec. 391.15.
    11. Section 391.15 is amended by revising paragraph (b) to read as 
follows:


Sec. 391.15  Disqualification of drivers.

* * * * *
    (b) Loss of driving privileges.
    (1) A driver is disqualified for the duration of the driver's loss 
of his/her privilege to operate a commercial motor vehicle on public 
highways, either temporarily or permanently, by reason of the 
revocation, suspension, withdrawal, or denial of an operator's license, 
permit, or privilege, until that operator's license, permit, or 
privilege is restored by the authority that revoked, suspended, 
withdrew, or denied it.
    (2) A driver who receives a notice that his/her license, permit, or 
privilege to operate a commercial motor vehicle has been revoked, 
suspended, or withdrawn shall notify the motor carrier that

[[Page 3867]]

employs him/her of the contents of the notice before the end of the 
business day following the day the driver received it.
* * * * *
    12. Section 391.25 is revised to read as follows:


Sec. 391.25  Annual inquiry and review of driving record.

    (a) Except as provided in subpart G of this part, each motor 
carrier shall, at least once every 12 months, make an inquiry into the 
driving record of each driver it employs, covering at least the 
preceding 12 months, to the appropriate agency of every State in which 
the driver held a commercial motor vehicle operator's license or permit 
during the time period.
    (b) Except as provided in subpart G of this part, each motor 
carrier shall, at least once every 12 months, review the driving record 
of each driver it employs to determine whether that driver meets 
minimum requirements for safe driving or is disqualified to drive a 
commercial motor vehicle pursuant to Sec. 391.15.
    (1) The motor carrier must consider any evidence that the driver 
has violated any applicable Federal Motor Carrier Safety Regulations or 
Hazardous Materials Regulations.
    (2) The motor carrier must consider the driver's accident record 
and any evidence that the driver has violated laws governing the 
operation of motor vehicles, and must give great weight to violations, 
such as speeding, reckless driving, and operating while under the 
influence of alcohol or drugs, that indicate that the driver has 
exhibited a disregard for the safety of the public.
    (c) Recordkeeping.
    (1) A copy of the response by each State agency to the inquiry 
required by paragraph (a) of this section, showing the driver's driving 
record or certifying that no driving record exists for the driver, 
shall be maintained in the driver's qualification file.
    (2) A note, including the name of the person who performed the 
review of the driving record required by paragraph (b) of this section 
and the date of such review, shall be maintained in the driver's 
qualification file.


Sec. 391.27  [Removed and Reserved]

    13. Section 391.27 is removed and reserved.

Subpart D of Part 391--[Removed and Reserved]

    14. Subpart D of part 391 (Secs. 391.31 and 391.33) is removed and 
reserved.
    15. Section 391.49 is amended by revising paragraph (d)(5) to read 
as follows:


Sec. 391.49  Waiver of certain physical defects.

* * * * *
    (d) * * *
    (5) Road test:
    (i) A motor carrier coapplicant shall ensure that a driver 
applicant has successfully completed a road test. The road test shall 
be given by the motor carrier or a person designated by it. The test 
shall be given by a person who is competent to evaluate the driver 
applicant's performance and determine whether he/she can operate the 
type of commercial motor vehicle, and associated equipment, the motor 
carrier intends to assign him/her.
    (ii) A unilateral driver applicant shall be responsible for having 
a road test administered by a person who is competent to evaluate the 
driver applicant's performance and determine whether he/she can operate 
the type of commercial motor vehicle, and associated equipment, he/she 
proposes to operate.
    (iii) At a minimum, the person who takes the road test must be 
evaluated on his/her skill at performing each of the following:
    (A) Coupling and uncoupling of combination units, if applicable;
    (B) Placing the commercial motor vehicle in operation;
    (C) Use of the commercial motor vehicle's controls and emergency 
equipment;
    (D) Operating the commercial motor vehicle in traffic including 
passing other motor vehicles;
    (E) Turning the commercial motor vehicle;
    (F) Braking and slowing the commercial motor vehicle by means other 
than braking; and
    (G) Backing and parking the commercial motor vehicle.
    (iv) If the road test is successfully completed, the person who 
gave it shall certify in writing that the person tested possesses 
sufficient driving skill to operate safely the type of commercial motor 
vehicle in which the test was given. The written certification shall 
include the date of the road test, the name of person tested; the type 
of power unit and trailer(s), or type of bus used for the test; and 
name, signature, occupation, and address of the person who gave the 
test.
* * * * *
    16. Section 391.51 is revised to read as follows:


Sec. 391.51  General requirements for driver qualification files.

    (a) Each motor carrier shall maintain a driver qualification file 
for each driver it employs. A driver's qualification file may be 
combined with his/her personnel file.
    (b) The qualification file for a driver must include:
    (1) The driver's application for employment completed in accordance 
with Sec. 391.21;
    (2) The written record with respect to each past employer who was 
contacted and a copy of the response by each State agency, pursuant to 
Sec. 391.23 involving investigation and inquiries;
    (3) The response of each State agency to the annual driver record 
inquiry required by Sec. 391.25(a);
    (4) The note relating to the annual review of the driver's driving 
record as required by Sec. 391.25(c)(2);
    (5) The medical examiner's certificate of his/her physical 
qualification to drive a commercial motor vehicle as required by 
Sec. 391.43(f) or a legible photographic copy of the certificate; and
    (6) The letter from the Regional Director of Motor Carriers 
granting a waiver of a physical disqualification, if a waiver was 
issued under Sec. 391.49.
    (c) Except as provided in paragraph (d) of this section, each 
driver's qualification file shall be retained for as long as a driver 
is employed by that motor carrier and for 3 years thereafter.
    (d) The following records may be removed from a driver's 
qualification file 3 years after the date of execution:
    (1) The response of each State agency to the annual driver record 
inquiry required by Sec. 391.25(a);
    (2) The note relating to the annual review of the driver's driving 
record as required by Sec. 391.25(c)(2);
    (3) The medical examiner's certificate of the driver's physical 
qualification to drive a commercial motor vehicle or the photographic 
copy of the certificate as required by Sec. 391.43(f); and
    (4) The letter issued under Sec. 391.49 granting a waiver of a 
physical disqualification.

(Approved by the Office of Management and Budget under control 
number 2125-0065)

    17. 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) and Sec. 391.23 (relating to investigations and inquiries) 
do not apply to a driver who has been a single-employer 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 single-employer driver of that motor carrier.
    18. Section 391.63 is revised to read as follows:

[[Page 3868]]

Sec. 391.63  Multiple-employer drivers.

    (a) If a motor carrier employs a person as a multiple-employer 
driver (as defined in Sec. 390.5 of this subchapter), the motor carrier 
shall comply with all requirements of this part, except that the motor 
carrier need not--
    (1) Require the person to furnish an application for employment in 
accordance with Sec. 391.21;
    (2) Make the investigations and inquiries specified in Sec. 391.23 
with respect to that person;
    (3) Perform the annual driving record inquiry required by 
Sec. 391.25(a); or
    (4) Perform the annual review of the person's driving record 
required by Sec. 391.25(b).
    (b) Before a motor carrier permits a multiple-employer driver to 
drive a commercial motor vehicle, the motor carrier must obtain his/her 
name, his/her social security number, and the identification number, 
type and issuing State of his/her commercial motor vehicle operator's 
license. The motor carrier must maintain this information for three 
years after employment of the multiple-employer driver ceases.
    19. Section 391.65 is amended by revising paragraphs (b) and (c) to 
read as follows:


Sec. 391.65  Drivers furnished by other motor carriers.

* * * * *
    (b) A motor carrier that obtains a certificate in accordance with 
paragraph (a)(2) of this section shall:
    (1) Contact the motor carrier which certified the driver's 
qualifications under this section to verify the validity of the 
certificate. This contact may be made in person, by telephone, or by 
letter.
    (2) Retain a copy of that certificate in its files for 3 years.
    (c) A motor carrier which certifies a driver's qualifications under 
this section shall be responsible for the accuracy of the certificate. 
The certificate is no longer valid if the driver leaves the employment 
of the motor carrier which issued the certificate or is no longer 
qualified under the rules in this part.
    20. Section 391.67 is revised to read as follows:


Sec. 391.67  Farm vehicle drivers of articulated commercial motor 
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 commercial motor vehicle:
    (a) Section 391.11(b)(1) (relating to age);
    (b) Subpart C (relating to disclosure of, investigation into, and 
inquiries about the background, character, and driving record of, 
drivers); and
    (c) Subpart F (relating to maintenance of files and records).
    21. Section 391.68 is revised to read as follows:


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

    The following rules in this part do not apply to a private motor 
carrier of passengers (nonbusiness) and its drivers:
    (a) Section 391.21 (relating to application for employment);
    (b) Subpart C (relating to disclosure of, investigation into, and 
inquiries about the background, character, and driving record of, 
drivers);
    (c) So much of Secs. 391.41 and 391.45 require a driver to be 
medically examined and to have a medical examiner's certificate on his/
her person;
    (d) Subpart F (relating to maintenance of files and records); and
    (e) Subpart H (relating to controlled substances testing).
    22. Section 391.69 is revised to read as follows:


Sec. 391.69  Private motor carrier of passengers (business).

    The provisions of Sec. 391.21 (relating to applications for 
employment) and Sec. 391.23 (relating to investigations and inquiries) 
do not apply to a driver who was a single-employer 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 single-employer driver of that motor carrier.


Sec. 391.71  [Removed and Reserved]

    23. Section 391.71 is removed and reserved.


Sec. 391.73  [Removed and Reserved]

    24. Section 391.73 is removed and reserved.

PART 392--DRIVING OF MOTOR VEHICLES

    25. The authority citation for part 392 continues to read as 
follows:

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


Sec. 392.7  [Removed and Reserved]

    26. Section 392.7, Equipment, inspection and use, is removed and 
reserved.


Sec. 392.8  [Removed and Reserved]

    27. Section 392.8, Emergency equipment, inspection, and use, is 
removed and reserved.
    28. Section 392.9 is revised to read as follows:


Sec. 392.9  Safe loading.

    (a) General. No person shall drive a commercial motor vehicle and a 
motor carrier shall not require or permit a person to drive a 
commercial motor vehicle unless--
    (1) The commercial motor vehicle's cargo is properly distributed 
and adequately secured as specified in Secs. 393.100--393.106 of this 
subchapter;
    (2) The commercial motor vehicle's tailgate, tailboard, doors, 
tarpaulins, its spare tire and other equipment used in its operation, 
and the means of fastening the commercial motor vehicle's cargo are 
secured; and
    (3) The commercial motor vehicle's cargo or any other object does 
not obscure the driver's view ahead or to the right or left sides, 
interfere with the free movement of his arms or legs, prevent his free 
and ready access to accessories required for emergencies, or prevent 
the free and ready exit of any person from the commercial motor 
vehicle's cab or driver's compartment.
    (b) Buses. No person shall drive a bus and a motor carrier shall 
not require or permit a person to drive a bus unless the baggage, 
freight, or express on the bus is stowed and secured in a manner which 
assures--
    (1) Unrestricted freedom of movement to the driver and his proper 
operation of the bus;
    (2) Unobstructed access to all exits by any occupant of the bus; 
and
    (3) Protection of occupants of the bus against injury resulting 
from the falling or displacement of articles transported in the bus.


Sec. 392.9b  [Removed and Reserved]

    29. Section 392.9b, Hearing aid to be worn, is removed and 
reserved.
    30. Section 392.10, Railroad grade crossings; stopping required, is 
amended by revising paragraph (b) to read as follows:


Sec. 392.10  Railroad grade crossings; stopping required.

* * * * *
    (b) A stop need not be made at:
    (1) A railroad grade crossing with an active warning device. For 
the purposes of this section, an active warning device includes a 
functioning highway traffic signal, gate, or a device that uses sound 
or light(s) to warn drivers of an approaching train;
    (2) A railroad grade crossing when a police officer or crossing 
flagman directs traffic to proceed;
    (3) A streetcar crossing, or railroad tracks used exclusively for 
industrial switching purposes, within a business district as defined in 
Sec. 390.5 of this chapter;

[[Page 3869]]

    (4) An abandoned railroad grade crossing which is marked with a 
sign indicating that the rail line is abandoned;
    (5) An industrial or spur line railroad grade crossing marked with 
a sign reading ``Exempt.'' Such ``Exempt'' signs shall be erected only 
by or with the consent of the appropriate State or local authority.


Sec. 392.13  [Removed and Reserved]

    31. Section 392.13, Drawbridges; slowing down of commercial motor 
vehicles, is removed and reserved.


Sec. 392.14  [Removed and Reserved]

    32. Section 392.14, Hazardous conditions; extreme caution, is 
removed and reserved.


Sec. 392.15  [Removed and Reserved]

    33. Section 392.15, Required and prohibited use of turn signals, is 
removed and reserved.


Sec. 392.20  [Removed and Reserved]

    34. Section 392.20, Unattended commercial motor vehicles; 
precautions, is removed and reserved.
    35. Section 392.22 is amended by revising paragraph (b)(1) to read 
as follows:


Sec. 392.22  Emergency signals; stopped commercial motor vehicles.

* * * * *
    (b) Placement of warning devices--
    (1) General rule. Except as provided in paragraph (b)(2) of this 
section, whenever a commercial motor vehicle is stopped upon the 
traveled portion or the shoulder of a highway for any cause other than 
necessary traffic stops, the driver shall as soon as possible, but in 
any event within 10 minutes, place the warning devices required by 
Sec. 393.95 of this subchapter, in the following manner:
    (i) One on the traffic side of and approximately 3 meters (10 feet 
or 4 paces) from the stopped commercial motor vehicle in the direction 
of approaching traffic;
    (ii) One at approximately 30 meters (100 feet or 40 paces) from the 
stopped commercial motor vehicle in the center of the traffic lane or 
shoulder occupied by the commercial motor vehicle and in the direction 
of approaching traffic; and
    (iii) One at approximately 30 meters (100 feet or 40 paces) from 
the stopped commercial motor vehicle in the center of the traffic lane 
or shoulder occupied by the commercial motor vehicle and in the 
direction away from approaching traffic.
* * * * *


Sec. 392.25  [Removed and Reserved]

    36. Section 392.25, Emergency signals; dangerous cargoes, is 
removed and reserved.


Sec. 392.42  [Removed and Reserved]

    37. Section 392.42, Notification of license revocation, is removed 
and reserved.


Sec. 392.51  [Removed and Reserved]

    38. Section 392.51, Reserve fuel, is removed and reserved.


Sec. 392.52  [Removed and Reserved]

    39. Section 392.52, Buses; fueling, is removed and reserved.
    40. Section 392.62 is added to read as follows:


Sec. 392.62  Driving of buses, standee line or bar.

    No person shall drive a bus and a motor carrier shall not require 
or permit a person to drive a bus unless all standees on the bus are 
rearward of the standee line or other means prescribed in Sec. 393.90 
of this subchapter.


Sec. 392.68  [Removed and Reserved]

    41. Section 392.68, Motive power not to be disengaged, is removed 
and reserved.

PART 395--HOURS OF SERVICE OF DRIVERS

    42. The authority citation for part 395 continues to read as 
follows:

    Authority: 49 U.S.C. 31133, 31136, and 31502; sec. 345, Pub.L. 
104-59, 109 Stat. 568, 613; and 49 CFR 1.48.


Sec. 395.1  [Amended]

    43. Section 395.1 is amended by removing paragraph (g) and 
redesignating paragraphs (h) through (k) to read as (g) through (j), 
respectively.


Sec. 395.2  [Amended]

    44. In Sec. 395.2, the definition of on duty time is revised to 
read as follows:


Sec. 395.2  Definitions.

* * * * *
    On duty time means all time from the time a driver begins to work 
or is required to be in readiness to work until the time he/she is 
relieved from work and all responsibility for performing work. On duty 
time shall include:
    (1) All time at a plant, terminal, facility, or other property of a 
motor carrier or shipper, or on any public property, waiting to be 
dispatched, unless the driver has been relieved from duty by the motor 
carrier;
    (2) All time inspecting, servicing, or conditioning any commercial 
motor vehicle at any time;
    (3) All driving time as defined in the term driving time;
    (4) All time, other than driving time, in or upon any commercial 
motor vehicle except time spent resting in a sleeper berth;
    (5) All time loading or unloading a commercial motor vehicle, 
supervising, or assisting in the loading or unloading, attending a 
commercial motor vehicle being loaded or unloaded, remaining in 
readiness to operate the commercial motor vehicle, or in giving or 
receiving receipts for shipments loaded or unloaded;
    (6) All time repairing, obtaining assistance, or remaining in 
attendance upon a disabled commercial motor vehicle;
    (7) All time spent providing a breath sample or urine specimen, 
including travel time to and from the collection site, in order to 
comply with the random, reasonable suspicion, post-crash, or follow-up 
testing required by part 382 or part 391, subpart H, of this 
subchapter, whichever is applicable, when directed by a motor carrier;
    (8) Performing any other work in the capacity of, or in the employ 
or service of, a motor carrier; and
    (9) Performing any compensated work for person who is not a motor 
carrier.
* * * * *
    45. Section 395.8 is amended by revising paragraph (k)(1) to read 
as follows:


Sec. 395.8  Driver's record of duty status.

* * * * *
    (k) Retention of driver's record of duty status. (1) Each motor 
carrier shall maintain records of duty status and all supporting 
documents for each driver it employs for a period of six months from 
the date of receipt.
* * * * *

PART 396--INSPECTION, REPAIR, AND MAINTENANCE

    46. The authority citation for part 396 continues to read as 
follows:

    Authority: 49 U.S.C. 31133, 31136, and 31502; and 49 CFR 1.48.

    47. Section 396.11 is amended by revising paragraphs (b), (c), and 
(d) to read as follows:


Sec. 396.11  Driver vehicle inspection report(s).

* * * * *
    (b) Report content. The report shall identify the vehicle and list 
any defect or deficiency discovered by or reported to the driver which 
would affect the safety of operation of the vehicle or result in its 
mechanical breakdown. If no defect or deficiency is discovered by or 
reported to the driver, the report shall so indicate. In all instances, 
the driver

[[Page 3870]]

shall sign the report. On two-driver operations, only one driver needs 
to sign the driver vehicle inspection report, provided both drivers 
agree as to the defects or deficiencies identified. If a driver 
operates more than one vehicle during the day, a report shall be 
prepared for each vehicle operated.
    (c) Corrective action. Prior to requiring or permitting a driver to 
operate a vehicle, every motor carrier or its agent shall repair any 
defect or deficiency listed on the driver vehicle inspection report 
which would be likely to affect the safety of operation of the vehicle.
    (1) Every motor carrier or its agent shall certify on a driver 
vehicle inspection report which lists any defect or deficiency that the 
defect or deficiency has been repaired or that repair is unnecessary 
before the vehicle is operated again.
    (2) Every motor carrier shall maintain the driver vehicle 
inspection report and the certification of repairs for three months 
from the date the written report was prepared.
    (d) Exceptions. The rules in this section shall not apply to a 
private motor carrier of passengers (nonbusiness), a driveaway-towaway 
operation, or any motor carrier operating only one commercial motor 
vehicle.
    48. Section 396.13 is amended by revising paragraph (b) to read as 
follows:


Sec. 396.13  Driver inspection.

* * * * *
    (b) Review the last driver vehicle inspection report; and
* * * * *

PART 397--TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND 
PARKING RULES

    49. The authority citation for part 397 continues to read as 
follows:

    Authority: 49 U.S.C. 322; 49 CFR 1.48. Subpart A also issued 
under 49 U.S.C. 31136, 31502. Subparts C, D, and E also issued under 
49 U.S.C. 5112, 5125.

    50. Section 397.19 is amended by revising paragraph (b) to read as 
follows:


Sec. 397.19  Instructions and documents.

* * * * *
    (b) A driver who receives documents in accordance with paragraph 
(a) of this section must sign a receipt for them. The motor carrier 
shall maintain the receipt for a period of one year from the date of 
signature.
* * * * *
[FR Doc. 97-1501 Filed 1-24-97; 8:45 am]
BILLING CODE 4910-22-P