[Federal Register Volume 65, Number 45 (Tuesday, March 7, 2000)]
[Rules and Regulations]
[Pages 11904-11909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5471]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 385

[Docket No. FMCSA-6789 (Formerly FHWA 97-2252)]
RIN 2126-AA43


Safety Fitness Procedures; Safety Fitness Rating Methodology

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule.

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SUMMARY: This document amends the Safety Fitness Rating Methodology 
(SFRM) in appendix B to 49 CFR part 385 by updating the list of acute 
and critical regulations to conform to several regulatory removals and 
substantive

[[Page 11905]]

amendments. As a result of earlier rulemaking, several of the citations 
in the list must be changed to reflect the amendments and revisions to 
the Federal Motor Carrier Safety Regulations (FMCSRs). The SFRM is used 
to measure the safety fitness of motor carriers against the safety 
fitness standard in 49 CFR part 385.

EFFECTIVE DATE: March 7, 2000.

FOR FURTHER INFORMATION CONTACT: Mr. William C. Hill, Regulatory 
Development Division, Office of Policy and Program Development, FMCSA, 
(202) 366-4009, or Mr. Charles E. Medalen, Office of the Chief Counsel, 
(202) 366-1354, Federal Highway Administration (FHWA), 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:

Electronic Access

    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Government Printing 
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet 
users may reach the Office of the Federal Register's home page at: 
http://www.nara.gov/fedreg and the Government Printing Office's 
database at: http://www.access.gpo.gov/nara.

Background

    In October 1999, the Secretary of Transportation rescinded the 
authority previously delegated to the Federal Highway Administrator to 
perform motor carrier functions and operations. That authority was 
redelegated to the Director of the Office of Motor Carrier Safety 
(OMCS), a new office within the Department of Transportation (DOT) (64 
FR 56270, October 19, 1999 and 64 FR 58356, October 29, 1999). Shortly 
thereafter, however, the Motor Carrier Safety Improvement Act of 1999 
(Pub. L. 106-159, 113 Stat. 1748, December 9, 1999) created the Federal 
Motor Carrier Safety Administration (FMCSA) as a new operating 
administration of the DOT, effective January 1, 2000. The Secretary 
therefore rescinded the authority so recently delegated to the Director 
of the OMCS and redelegated that authority to the Administrator of the 
FMCSA (65 FR 220, January 4, 2000). This explains the docket transfer.
    The new FMCSA assumes the motor carrier functions previously 
exercised by the OMCS and, before that, by the FHWA's Office of Motor 
Carriers. Ongoing rulemaking, enforcement, and other activities 
initiated by the OMCS or the FHWA will be continued by the FMCSA. The 
motor carrier functions performed by the FHWA's Division (i.e., State) 
offices and Resource Centers have been assumed by the FMCSA Division 
offices and FMCSA Resource Centers. All phone numbers remain unchanged 
for the time being.
    On November 6, 1997, the FHWA published a final rule incorporating 
the agency's SFRM as an appendix to 49 CFR part 385, Safety Fitness 
Procedures (62 FR 60035). The SFRM is used to measure the safety 
fitness of motor carriers against the standard contained in 49 CFR part 
385. On November 10, 1998 (63 FR 62957) the FHWA published amendments 
to the rule which corrected several minor errors. Other changes are 
also necessary, however.
    The FHWA published a final rule on June 18, 1998 (63 FR 33254) 
which removed, amended, and redesignated certain provisions of the 
FMCSRs. Furthermore, a technical amendment was published on July 11, 
1997 (62 FR 37150) which removed subpart H (Controlled Substances 
Testing) of 49 CFR part 391; the alcohol and controlled substances 
regulations are now codified at 49 CFR part 382. Another technical 
amendment was published on December 12, 1994 (59 FR 63921) which 
revised existing hazardous material classifications and descriptions to 
conform with the United Nations' Recommendations on the Transportation 
of Dangerous Goods.
    As a result of these rulemakings, several of the citations in the 
list of acute and critical regulations must be changed to reflect the 
appropriate sections of the FMCSRs. This document amends the List of 
Acute and Critical Regulations to conform to these regulatory removals 
and substantive amendments. The List of Acute and Critical Regulations 
in appendix B to part 385, Section VII, is being reprinted in its 
entirety for ease of reference.

List of Acute and Critical Regulations

    The following section is being removed from the List of Acute and 
Critical Regulations, as indicated by the table printed below: 
Sec. 391.11(a)/391.95 Using an unqualified driver, a driver who has 
tested positive for controlled substances, or refused to be tested as 
required (acute). This removal is necessary to conform to the above 
July 11, 1997 technical amendment (62 FR 37150), which also removed 
subpart H (Controlled Substances Testing) of 49 CFR part 391; the 
alcohol and controlled substances regulations are now codified at 49 
CFR part 382. The following sections are also being removed: 
Sec. 391.51(c)(1) Failing to maintain medical examiner's certificate in 
driver's qualification file (critical); and Sec. 391.51(d)(1) Failing 
to maintain medical examiner's certificate in driver's qualification 
file (critical). These removals are necessary to conform to a final 
rule published on June 18, 1998 (63 FR 33254), which removed, amended, 
and redesignated certain regulations which the FHWA considered 
obsolete, redundant, unnecessary, ineffective, burdensome, or that 
could better be addressed by State or local authorities or company 
policy.
    The following sections are being redesignated: Sec. 391.11(b)(6) 
Using a physically unqualified driver (acute); Sec. 391.51(b)(1) 
Failing to maintain medical examiner's certificate in driver's 
qualification file (critical); and Sec. 391.51(c)(3) Failing to 
maintain inquiries into driver's driving record in driver's 
qualification file (critical). Sections 395.1(i)(1)(i), 
395.1(i)(1)(ii), 395.1(i)(1)(iii), and 395.1(i)(1)(iv), are 
redesignated as Secs. 395.1(h)(1)(i), 395.1(h)(1)(ii), 395.(h)(1)(iii), 
and 395.1(h)(1)(iv) (critical) regulations, respectively. These 
redesignations are necessary to conform the final rule published on 
June 18, 1998 (63 FR 33254). Section 382.115(c) Failing to implement an 
alcohol and/or controlled substance testing program (acute) is being 
redesignated as Sec. 382.115(a). This redesignation is necessary to 
correct an error introduced by technical amendments published on July 
11, 1997 (62 FR 37150) which redesignated Sec. 382.115(c) to specify 
the starting dates for testing programs for small foreign employers. 
However, Sec. 382.115(c), as originally adopted in 1994, applied only 
to U.S. domestic carriers, which are now referred to in 
Sec. 382.115(a); the reference to paragraph (c) is therefore being 
replaced with paragraph (a). Section 395.3(b) Requiring or permitting 
driver to drive after having been on duty more than 60 hours in 7 
consecutive days (critical) and Sec. 395.3(b) Requiring or permitting 
driver to drive after having been on duty more than 70 hours in 8 
consecutive days (critical), are being redesignated as Sec. 395.3(b)(1) 
and Sec. 395.3(b)(2), respectively, to more accurately reflect the 
paragraphs in Sec. 395.3(b). The table below shows the new section 
numbers.
    The sections listed here are revised to read as follows: 
Sec. 382.213(b) Using a driver known to have used a controlled 
substance (acute); Sec. 382.215 Using a driver known to have tested 
positive for a controlled substance (acute); Sec. 382.305(b)(1) Failing 
to conduct random alcohol testing at an annual rate of not less than 
the applicable annual rate of the average number of driver positions 
(critical); Sec. 382.305(b)(2) Failing to conduct random controlled

[[Page 11906]]

substances testing at an annual rate of not less than the applicable 
annual rate of the average number of driver positions (critical); 
Sec. 382.503 Allowing a driver to perform safety sensitive function, 
after engaging in conduct prohibited by subpart B, without being 
evaluated by substance abuse professional, as required by Sec. 382.605 
(critical); Sec. 383.37(a) Knowingly allowing, requiring, permitting, 
or authorizing an employee with a commercial driver's license which is 
suspended, revoked, or canceled by a state or who is disqualified to 
operate a commercial motor vehicle (acute); Sec. 383.37(b) Knowingly 
allowing, requiring, permitting, or authorizing an employee with more 
than one commercial driver's license to operate a commercial motor 
vehicle (acute); Sec. 391.45(b) Using a driver not medically examined 
and certified during the preceding 24 months (critical); and 
Sec. 392.5(b)(2) Requiring or permitting a driver who shows evidence of 
having consumed an intoxicating beverage within 4 hours to operate a 
motor vehicle (acute). These revisions are necessary to make it clear 
that the testing rates for alcohol and controlled substances are 
dependent on the violation rates for the industry, or to have the 
revised descriptions more closely match the regulatory language in each 
section.
    The following revisions are necessary to conform to the December 
12, 1994, technical amendments which revised existing hazardous 
materials classifications and descriptions: Section 397.5(a) Failing to 
ensure a motor vehicle containing Division 1.1, 1.2, or 1.3 (explosive) 
material is attended at all times by its driver or a qualified 
representative (acute); Sec. 397.7(a)(1) Parking a motor vehicle 
containing Division 1.1, 1.2, or 1.3 materials within 5 feet of 
traveled portion of highway or street (critical); Sec. 397.7(b) Parking 
a motor vehicle containing hazardous material(s) other than Division 
1.1, 1.2, or 1.3 materials within 5 feet of traveled portion of highway 
or street (critical); Sec. 397.13(a) Permitting a person to smoke or 
carry a lighted cigarette, cigar or pipe within 25 feet of a motor 
vehicle containing Class 1 materials, Class 5 materials, or flammable 
materials classified as Division 2.1, Class 3, Divisions 4.1 and 4.2 
(critical); and Sec. 397.19(a) Failing to furnish driver of motor 
vehicle transporting Division 1.1, 1.2, or 1.3 (explosive) materials 
with a copy of the rules of part 397 and/or emergency response 
instructions (critical); and Sec. 397.67(d) Requiring or permitting the 
operation of a motor vehicle containing explosives in Class 1, 
Divisions 1.1, 1.2, or 1.3 that is not accompanied by a written route 
plan (critical).
    The following sections are revised to more closely match the 
regulatory language: Section 382.201 Using a driver known to have an 
alcohol concentration of 0.04 or greater (acute); 
Sec. 382.605(c)(2)(ii) Failing to subject a driver who has been 
identified as needing assistance to at least six unannounced follow-up 
alcohol and/or controlled substances tests in the first 12 months 
following the driver's return to duty (critical); Sec. 383.51(a) 
Knowingly allowing, requiring, permitting, or authorizing a driver to 
drive who is disqualified to drive a commercial motor vehicle (acute); 
Sec. 387.31(d) Failing to maintain at principal place of business 
required proof of financial responsibility for passenger carrying 
vehicles (critical); Sec. 396.11(c) Failing to correct Out-of-Service 
defects listed by driver in a driver vehicle inspection report before 
the vehicle is operated again (acute); and Sec. 177.841(e) Transporting 
a package bearing a poison label in the same transport vehicle with 
material marked or known to be foodstuff, feed, or any edible material 
intended for consumption by humans or animals unless an exception in 
Sec. 177.841(e)(i) or (ii) is met (acute).
    For ease of reference the following distribution table is provided. 
Acute or critical regulations not listed in the left-hand column have 
not been changed.

------------------------------------------------------------------------
                                             Corrected acute or critical
   Current acute or  critical regulation             regulation
------------------------------------------------------------------------
382.115(c)................................  382.115(a).
382.201...................................  Revised.
382.213(b)................................  Revised.
382.215...................................  Revised.
382.305(b)(1).............................  Revised.
382.305(b)(2).............................  Revised.
382.503...................................  Revised.
382.605(c)(2)(ii).........................  Revised.
383.37(a).................................  Revised.
383.37(b).................................  Revised.
383.51(a).................................  Revised.
387.31(d).................................  Revised.
391.11(a)/391.95..........................  Removed.
391.11(b)(6)..............................  391.11(b)(4).
391.45(b).................................  391.45(b)(1).
391.51(b)(1)..............................  391.51(b)(7).
391.51(c)(1)..............................  Removed.
391.51(c)(3)..............................  391.51(b)(2).
391.51(d)(1)..............................  Removed.
392.5(b)(2)...............................  Revised.
395.3(b)..................................  395.3(b)(1).
395.3(b)..................................  395.3(b)(2).
395.51(i)(1)(i)...........................  395.51(h)(1)(i).
395.51(i)(1)(ii)..........................  395.51(h)(1)(ii).
395.51(i)(1)(iii).........................  395.51(h)(1)(iii).
395.51(i)(1)(iv)..........................  395.51(h)(1)(iv).
396.11(c).................................  Revised.
397.5(a)..................................  Revised.
397.7(a)(1)...............................  Revised.
397.7(b)..................................  Revised.
397.13(a).................................  Revised.
397.19(a).................................  Revised.
397.67(d).................................  Revised.
177.841(e)................................  Revised.
------------------------------------------------------------------------

Rulemaking Analyses and Notices

    This final rule makes corrections to the List of Acute and Critical 
Regulations under section VII of appendix B to part 385. Because these 
amendments simply update the rule to conform to several regulatory 
removals or substantive amendments adopted in other notices and entail 
no further substantive revisions, the FMCSA finds good cause pursuant 
to 5 U.S.C. 553(b)(3)(B) to promulgate this final rule without notice 
and comment and to make it effective on the date of publication in the 
Federal Register pursuant to 5 U.S.C. 553(d)(3).

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

    The FMCSA has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866. The 
agency has also determined that this action is not a significant 
regulatory action under the DOT's regulatory policies and procedures. 
This final rule is clerical in nature and does not include substantive 
changes to 49 CFR part 385, appendix B.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FMCSA has evaluated the effects of this rule on small 
entities and has determined that it will not have a significant 
economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This rule does not impose a Federal mandate resulting in the 
expenditure by State, local and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more in any one year (2 
U.S.C. 1532).

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b) of 
Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

[[Page 11907]]

Executive Order 13045 (Protection of Children)

    We have analyzed this action under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and does not 
concern an environmental risk to health or safety that may 
disproportionately affect children.

Executive Order 12630 (Taking of Private Property)

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Executive Order 13132 (Federalism)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 dated August 4, 1999, and 
it has been determined this action does not have a substantial direct 
effect or sufficient federalism implications on States that would limit 
the policymaking discretion of the States. Nothing in this document 
directly preempts any State law or regulation.

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

    This action does not contain a collection of information 
requirement for the purposes of the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501-3520.

National Environmental Policy Act

    The agency has analyzed this rulemaking 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 in 49 CFR Part 385

    Highway safety, Motor carriers, and Safety fitness procedures.

    Issued on: February 22, 2000.
Julie Anna Cirillo,
Acting Deputy Administrator.

    In consideration of the foregoing, Title 49, Code of Federal 
Regulations, Chapter III, part 385 is amended as set forth below:

PART 385--SAFETY FITNESS PROCEDURES

    1. Revise the authority citation for part 385 to read as follows:


    Authority: 49 U.S.C. 104, 504, 521(b)(5)(A), 5113, 31136, 31144, 
31502; and 49 CFR 1.73.

    2. Revise Section VII, List of Acute and Critical Regulations, of 
appendix B to part 385 to read as follows:

Appendix B to Part 385  Explanation of Safety Rating Process

* * * * *

VII. List of Acute and Critical Regulations.

Sec. 382.115(a)
    Failing to implement an alcohol and/or controlled substances 
testing program (domestic motor carrier) (acute).
Sec. 382.201
    Using a driver known to have an alcohol concentration of 0.04 or 
greater (acute).
Sec. 382.211
    Using a driver who has refused to submit to an alcohol or 
controlled substances test required under part 382 (acute).
Sec. 382.213(b)
    Using a driver known to have used a controlled substance 
(acute).
Sec. 382.215
    Using a driver known to have tested positive for a controlled 
substance (acute).
Sec. 382.301(a)
    Using a driver before the motor carrier has received a negative 
pre-employment controlled substance test result (critical).
Sec. 382.303(a)
    Failing to conduct post accident testing on driver for alcohol 
and/or controlled substances (critical).
Sec. 382.305
    Failing to implement a random controlled substances and/or an 
alcohol testing program (acute).
Sec. 382.305(b)(1)
    Failing to conduct random alcohol testing at an annual rate of 
not less than the applicable annual rate of the average number of 
driver positions (critical).
Sec. 382.305(b)(2)
    Failing to conduct random controlled substances testing at an 
annual rate of not less than the applicable annual rate of the 
average number of driver positions (critical).
Sec. 382.309(a)
    Using a driver who has not undergone a return-to-duty alcohol 
test with a result indicating an alcohol concentration of less than 
0.02 (acute).
Sec. 382.309(b)
    Using a driver who has not undergone a return-to-duty controlled 
substances test with a result indicating a verified negative result 
for controlled substances (acute).
Sec. 382.503
    Allowing a driver to perform safety sensitive function, after 
engaging in conduct prohibited by subpart B, without being evaluated 
by substance abuse professional, as required by Sec. 382.605 
(critical).
Sec. 382.505(a)
    Using a driver within 24 hours after being found to have an 
alcohol concentration of 0.02 or greater but less than 0.04 (acute).
Sec. 382.605(c)(1)
    Using a driver who has not undergone a return-to-duty alcohol 
test with a result indicating an alcohol concentration of less than 
.02 or with verified negative test result, after engaging in conduct 
prohibited by part 382 subpart B (acute).
Sec. 382.605(c)(2)(ii)
    Failing to subject a driver who has been identified as needing 
assistance to at least six unannounced follow-up alcohol and/or 
controlled substance tests in the first 12 months following the 
driver's return to duty (critical).
Sec. 383.23(a)
    Operating a commercial motor vehicle without a valid commercial 
driver's license (critical).
Sec. 383.37(a)
    Knowingly allowing, requiring, permitting, or authorizing an 
employee with a commercial driver's license which is suspended, 
revoked, or canceled by a state or who is disqualified to operate a 
commercial motor vehicle (acute).
Sec. 383.37(b)
    Knowingly allowing, requiring, permitting, or authorizing an 
employee with more than one commercial driver's license to operate a 
commercial motor vehicle (acute).
Sec. 383.51(a)
    Knowingly allowing, requiring, permitting, or authorizing a 
driver to drive who is disqualified to drive a commercial motor 
vehicle (acute).
Sec. 387.7(a)
    Operating a motor vehicle without having in effect the required 
minimum levels of financial responsibility coverage (acute).
Sec. 387.7(d)
    Failing to maintain at principal place of business required 
proof of financial responsibility (critical).
Sec. 387.31(a)
    Operating a passenger carrying vehicle without having in effect 
the required minimum levels of financial responsibility (acute).
Sec. 387.31(d)
    Failing to maintain at principal place of business required 
proof of financial responsibility for passenger carrying vehicles 
(critical).

[[Page 11908]]

Sec. 390.15(b)(2)
    Failing to maintain copies of all accident reports required by 
State or other governmental entities or insurers (critical).
Sec. 390.35
    Making, or causing to make fraudulent or intentionally false 
statements or records and/or reproducing fraudulent records (acute).
Sec. 391.11(b)(4)
    Using a physically unqualified driver (acute).
Sec. 391.15(a)
    Using a disqualified driver (acute).
Sec. 391.45(a)
    Using a driver not medically examined and certified (critical).
Sec. 391.45(b)(1)
    Using a driver not medically examined and certified during the 
preceding 24 months (critical).
Sec. 391.51(a)
    Failing to maintain driver qualification file on each driver 
employed (critical).
Sec. 391.51(b)(2)
    Failing to maintain inquiries into driver's driving record in 
driver's qualification file (critical).
Sec. 391.51(b)(7)
    Failing to maintain medical examiner's certificate in driver's 
qualification file (critical).
Sec. 392.2
    Operating a motor vehicle not in accordance with the laws, 
ordinances, and regulations of the jurisdiction in which it is being 
operated (critical).
Sec. 392.4(b)
    Requiring or permitting a driver to drive while under the 
influence of, or in possession of, a narcotic drug, amphetamine, or 
any other substance capable of rendering the driver incapable of 
safely operating a motor vehicle (acute).
Sec. 392.5(b)(1)
    Requiring or permitting a driver to drive a motor vehicle while 
under the influence of, or in possession of, an intoxicating 
beverage (acute).
Sec. 392.5(b)(2)
    Requiring or permitting a driver who shows evidence of having 
consumed an intoxicating beverage within 4 hours to operate a motor 
vehicle (acute).
Sec. 392.6
    Scheduling a run which would necessitate the vehicle being 
operated at speeds in excess of those prescribed (critical).
Sec. 392.9(a)(1)
    Requiring or permitting a driver to drive without the vehicle's 
cargo being properly distributed and adequately secured (critical).
Sec. 395.1(h)(1)(i)
    Requiring or permitting a driver to drive more than 15 hours 
(Driving in Alaska) (critical).
Sec. 395.1(h)(1)(ii)
    Requiring or permitting a driver to drive after having been on 
duty 20 hours (Driving in Alaska) (critical).
Sec. 395.1(h)(1)(iii)
    Requiring or permitting driver to drive after having been on 
duty more than 70 hours in 7 consecutive days (Driving in Alaska) 
(critical).
Sec. 395.1(h)(1)(iv)
    Requiring or permitting driver to drive after having been on 
duty more than 80 hours in 8 consecutive days (Driving in Alaska) 
(critical).
Sec. 395.3(a)(1)
    Requiring or permitting driver to drive more than 10 hours 
(critical).
Sec. 395.3(a)(2)
    Requiring or permitting driver to drive after having been on 
duty 15 hours (critical).
Sec. 395.3(b)(1)
    Requiring or permitting driver to drive after having been on 
duty more than 60 hours in 7 consecutive days (critical).
Sec. 395.3(b)(2)
    Requiring or permitting driver to drive after having been on 
duty more than 70 hours in 8 consecutive days (critical).
Sec. 395.8(a)
    Failing to require driver to make a record of duty status 
(critical).
Sec. 395.8(e)
    False reports of records of duty status (critical).
Sec. 395.8(i)
    Failing to require driver to forward within 13 days of 
completion, the original of the record of duty status (critical).
Sec. 395.8(k)(1)
    Failing to preserve driver's record of duty status for 6 months 
(critical).
Sec. 395.8(k)(1)
    Failing to preserve driver's records of duty status supporting 
documents for 6 months (critical).
Sec. 396.3(b)
    Failing to keep minimum records of inspection and vehicle 
maintenance (critical).
Sec. 396.9(c)(2)
    Requiring or permitting the operation of a motor vehicle 
declared ``out-of-service'' before repairs were made (acute).
Sec. 396.11(a)
    Failing to require driver to prepare driver vehicle inspection 
report (critical).
Sec. 396.11(c)
    Failing to correct Out-of-Service defects listed by driver in a 
driver vehicle inspection report before the vehicle is operated 
again (acute).
Sec. 396.17(a)
    Using a commercial motor vehicle not periodically inspected 
(critical).
Sec. 396.17(g)
    Failing to promptly repair parts and accessories not meeting 
minimum periodic inspection standards (acute).
Sec. 397.5(a)
    Failing to ensure a motor vehicle containing Division 1.1, 1.2, 
or 1.3 (explosive) material is attended at all times by its driver 
or a qualified representative (acute).
Sec. 397.7(a)(1)
    Parking a motor vehicle containing Division 1.1, 1.2, or 1.3 
materials within 5 feet of traveled portion of highway or street 
(critical).
Sec. 397.7(b)
    Parking a motor vehicle containing hazardous material(s) other 
than Division 1.1, 1.2, or 1.3 materials within 5 feet of traveled 
portion of highway or street (critical).
Sec. 397.13(a)
    Permitting a person to smoke or carry a lighted cigarette, cigar 
or pipe within 25 feet of a motor vehicle containing Class 1 
materials, Class 5 materials, or flammable materials classified as 
Division 2.1, Class 3, Divisions 4.1 and 4.2 (critical).
Sec. 397.19(a)
    Failing to furnish driver of motor vehicle transporting Division 
1.1, 1.2, or 1.3 (explosive) materials with a copy of the rules of 
part 397 and/or emergency response instructions (critical).
Sec. 397.67(d)
    Requiring or permitting the operation of a motor vehicle 
containing explosives in Class 1, Divisions 1.1, 1.2, or 1.3 that is 
not accompanied by a written route plan (critical).
Sec. 171.15
    Carrier failing to give immediate telephone notice of an 
incident involving hazardous materials (critical).
Sec. 171.16
    Carrier failing to make a written report of an incident 
involving hazardous materials (critical).
Sec. 177.800(c)
    Failing to instruct a category of employees in hazardous 
materials regulations (critical).
Sec. 177.817(a)
    Transporting a shipment of hazardous materials not accompanied 
by a properly prepared shipping paper (critical).
Sec. 177.817(e)
    Failing to maintain proper accessibility of shipping papers 
(critical).
Sec. 177.823(a)
    Moving a transport vehicle containing hazardous material that is 
not properly marked or placarded (critical).
Sec. 177.841(e)
    Transporting a package bearing a poison label in the same 
transport vehicle with material marked or known to be foodstuff, 
feed, or any edible material intended for consumption by humans or 
animals unless an exception in Sec. 177.841(e)(i) or (ii) is met 
(acute).
Sec. 180.407(a)
    Transporting a shipment of hazardous material in cargo tank that 
has not been inspected or retested in accordance with Sec. 180.407 
(critical).
Sec. 180.407(c)
    Failing to periodically test and inspect a cargo tank 
(critical).
Sec. 180.415
    Failing to mark a cargo tank which passed an inspection or test 
required by Sec. 180.407 (critical).
Sec. 180.417(a)(1)
    Failing to retain cargo tank manufacturer's data report 
certificate and related papers, as required (critical).
Sec. 180.417(a)(2)
    Failing to retain copies of cargo tank manufacturer's 
certificate and related

[[Page 11909]]

papers (or alternative report) as required (critical).

[FR Doc. 00-5471 Filed 3-6-00; 8:45 am]
BILLING CODE 4910-22-P