[Federal Register Volume 65, Number 84 (Monday, May 1, 2000)]
[Rules and Regulations]
[Pages 25285-25290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10700]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 391

RIN 2126-AA45


Federal Motor Carrier Safety Regulations; Technical Amendments

AGENCY: Federal Motor Carrier Safety Administration (FMCSA).

ACTION: Final rule; technical amendment.

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SUMMARY: This document makes technical amendments to the Federal Motor 
Carrier Safety Regulations (FMCSRs) to update the rules concerning 
qualifications of drivers who have loss or impairment of limbs by 
changing the designated official who authorizes and signs the skill 
performance evaluation (SPE) certificate for such drivers, and to 
remove the reference to ``waiver.'' These amendments are necessitated 
by an agency organizational restructuring and by changes in the 
statute. The effect of these amendments is to update the regulations 
regarding the standards for evaluating requests for SPE certificates.

DATES: The effective date of this rule is May 1, 2000.

FOR FURTHER INFORMATION CONTACT: For information about the amendments 
contained in this rule, Ms. Teresa Doggett, Office of Bus and Truck 
Standards and Operations, HMCS-20, (202) 366-2990; for information 
about legal issues related to this rule, Ms. Judith Rutledge, Office of 
the Chief Counsel, (202) 366-1353, FMCSA, 400 Seventh Street, SW., 
Washington, DC 20590-0001. 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

[[Page 25286]]

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

    The Secretary has rescinded the authority previously delegated to 
the Office of Motor Carrier Safety (OMCS) to perform motor carrier 
functions and operations. This authority has been redelegated to the 
Administrator, FMCSA, a new agency within the Department of 
Transportation [65 FR 220, January 4, 2000]. The new FMCSA assumes the 
motor carrier functions previously performed by the Federal Highway 
Administration's (FHWA's) Office of Motor Carrier and Highway Safety 
(OMCHS) before October 19, 1999, and the OMCS before January 1, 2000. 
Ongoing rulemaking, enforcement, and other activities of the FMCSA, 
initiated while part of the FHWA or OMCS, will be continued by the 
FMCSA. The redelegation will cause no changes in the motor carrier 
functions and operations of the offices or field service centers 
(formerly resource centers).
    The authority to require medical certification of CMV driver 
qualification was originally granted to the Interstate Commerce 
Commission (ICC) in the Motor Carrier Act of 1935 (Public Law 74-255, 
49 Stat. 543). The authority was transferred to the DOT in 1966 and is 
currently codified at 49 U.S.C. 31502(b).
    The importance of physical qualification of commercial drivers was 
recognized in 1939 when the first regulatory medical standard was 
established by the ICC. Those regulations, published at 4 FR 2294 on 
June 7, 1939, required a driver to possess the following minimum 
qualifications:
    Good physical and mental health; good eyesight; adequate hearing; 
no addiction to narcotic drugs; and no excessive use of alcoholic 
beverages or liquors.
    The first change to this standard was initiated in 1952 and went 
into effect on January 1, 1954. The certificate of physical examination 
required under the 1954 rule was slightly more specific than the 1939 
regulation, and also required a physical examination form and a 
doctor's certificate. A second revision made in 1964 (29 FR 14495, 
October 22, 1964) amended the standard to allow limb-amputee and limb-
impaired drivers, who are otherwise eligible, to become medically 
qualified through a waiver program. On April 22, 1970 (35 FR 6458) in 
light of discussions with the FHWA medical advisors, the existing 
physical qualification requirements were substantially tightened by 
including guidelines for evaluation of persons in high-risk medical 
categories. This rule also provided that the examining physician be 
given full information about the responsibilities of and the exacting 
demands made on commercial drivers.
    In 1984, the Congress provided the Department of Transportation 
with alternative regulatory authority with the enactment of the Motor 
Carrier Safety Act of 1984 (Public Law 98-554, 98 Stat. 2832). This Act 
directed the Secretary to establish minimum safety standards to ensure 
that ``the physical condition of operators of commercial motor vehicles 
is adequate to enable them to operate such vehicles safely * * *.'' 49 
U.S.C. 31136(a)(3).
    On June 9, 1998, the FHWA's waiver authority changed with enactment 
of the Transportation Equity Act for the 21st Century (TEA-21), Public 
Law 105-178, 112 Stat. 107. Section 4007 of TEA-21 amended the waiver 
provisions of 49 U.S.C. 31136(e) and 31315 to change the standard for 
evaluating waiver requests, to distinguish between a waiver and an 
exemption, and to establish term limits for both. Under revised section 
31136(e), the FMCSA may grant a waiver for a period of up to 3 months 
or an exemption for a renewable 2-year period.
    The amendments to 49 U.S.C. 31136(e) also changed the criteria for 
exempting a person from application of a regulation. Previously an 
exemption was appropriate if it was consistent with the public interest 
and the safe operation of CMVs. Now the FMCSA may grant an exemption if 
it finds ``such exemption would likely achieve a level of safety that 
is equivalent to, or greater than, the level that would be achieved 
absent such exemption.'' According to the legislative history, the 
Congress changed the statutory standard to give the agency greater 
discretion to consider exemptions. The previous standard was judicially 
construed as requiring an advance determination that absolutely no 
reduction in safety would result from an exemption. The Congress 
revised the standard to require that an ``equivalent'' level of safety 
be achieved by the exemption, which would allow for more equitable 
resolution of such matters, while ensuring safety standards are 
maintained.
    Section 391.41(b)(1) of 49 CFR states that a person is physically 
qualified to drive a motor vehicle if that person:
    (1) Has no loss of a foot, a leg, a hand, or an arm, or has been 
granted a waiver pursuant to Sec. 391.49;
    (2) Has no impairment of:
    (i) A hand or finger which interferes with prehension or power 
grasping; or
    (ii) An arm, foot, or leg which interferes with the ability to 
perform normal tasks associated with operating a motor vehicle; or any 
other significant limb defect or limitation which interferes with the 
ability to perform normal tasks associated with operating a commercial 
motor vehicle; or has been granted a waiver pursuant to Sec. 391.49.
    The Handicapped Driver Waiver Program, established in 1964 under 49 
CFR 391.49 (waiver of physical defects), provides an opportunity for 
physically challenged drivers, who do not meet the physical 
qualification requirements under Secs. 391.41(b)(1) or (b)(2), but who 
are otherwise qualified, to become medically qualified to operate 
commercial motor vehicles in interstate commerce.
    This rule amends Sec. 391.49 by revising the title of the section 
and removing all references to ``Regional Director of motor carriers, 
regional offices(s),'' ``waiver,'' and ``region'' and replacing them 
with ``State Director, FMCSA,'' ``Skill performance evaluation 
certificate,'' and ``State of legal residence,'' respectively.

Rulemaking Analyses and Notices

    The Administrative Procedure Act (APA), 5 U.S.C. 551 et seq., 
allows agencies engaged in rulemaking to dispense with prior notice and 
opportunity for comment when the agency for good cause finds that such 
procedures are impracticable, unnecessary, or contrary to the public 
interest. This amendment merely reflects a change in the name of the 
Handicapped Driver Waiver Program, a change in the title of the 
designated official authorized to sign the SPE certificate, and the 
merging of the SPE certificate form into current regulations. As a 
result, the FMCSA has determined that prior notice and opportunity for 
public comment on this action are unnecessary.
    Furthermore, due to the technical nature of this amendment, the 
FMCSA has determined that prior notice and opportunity for public 
comment are not required under the Department's regulatory policies and 
procedures, as it is not anticipated that such action will result in 
the receipt of useful information. The APA, under 5 U.S.C. 553(d)(3), 
also allows agencies, upon a finding of good cause, to make a rule 
effective immediately and avoid the otherwise applicable 30-day delayed 
effective date requirement. The FMCSA finds that good cause exists to 
dispense with the 30-day delay in the effective

[[Page 25287]]

date in this instance due to the minor and technical nature of these 
amendments. Thus, the FMCSA is proceeding directly with a final rule 
which will be effective on its date of publication.

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

    The FMCSA has determined this action is not major within the 
meaning of Executive Order 12866 or significant within the meaning of 
Department of Transportation regulatory policies and procedures. Since 
this final rule makes only those technical changes to current 
regulatory language discussed above, the FMCSA hereby certifies that 
this action will not have a significant economic impact on a 
substantial number of small entities.

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 
entitles. Based on the evaluation, and particularly because this final 
rule makes only those technical changes to current regulatory language 
discussed above, the FMCSA hereby certifies that this action will not 
have a significant economic impact on a substantial number of small 
entities.

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.

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. 432 et seq.) and 
has determined that this action would not have any effect on the 
quality of the environment.

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. 1531 et seq.).

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-
3520), Federal agencies must obtain approval from the Office of 
Management and Budget (OMB) for each collection of information they 
conduct, sponsor or require through regulations. An analysis of this 
rule has been made by the FMCSA, and it has been determined that the 
actions outlined in these technical amendments are covered under a 
currently-approved information collection, OMB Control No. 2126-0006, 
Medical Qualifications Requirements, (which is approved through 
September 30, 2000). No revisions to this current clearance are 
necessary due to this action.

Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

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.

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 391

    Driver qualifications-physical examinations, Highway safety, Motor 
carriers, Motor vehicle safety.

    Issued on: April 24, 2000.
Julie Anna Cirillo,
Acting Deputy Administrator.

    In consideration of the foregoing, the FMCSA amends title 49, Code 
of Federal Regulations, chapter III, part 391 as set forth below:

PART 391--QUALIFICATIONS OF DRIVERS

    1. Revise the authority citation for part 391 to read as follows:

    Authority: 49 U.S.C. 322, 504, 31133, 31136, and 31502; and 49 
CFR 1.73.

    2. Revise Sec. 391.49 to read as follows:


Sec. 391.49  Alternative physical qualification standards for the loss 
or impairment of limbs.

    (a) A person who is not physically qualified to drive under 
Sec. 391.41(b)(1) or (b)(2) and who is otherwise qualified to drive a 
commercial motor vehicle, may drive a commercial motor vehicle, if the 
State Director, FMCSA, has granted a Skill Performance Evaluation (SPE) 
Certificate to that person.
    (b) SPE certificate.--(1) Application. A letter of application for 
an SPE certificate may be submitted jointly by the person (driver 
applicant) who seeks an SPE certificate and by the motor carrier that 
will employ the driver applicant, if the application is accepted.
    (2) Application address. The application must be addressed to the 
applicable field service center, FMCSA, for the State in which the co-
applicant motor carrier's principal place of business is located. The 
address of each, and the States serviced, are listed in Sec. 390.27 of 
this chapter.
    (3) Exception. A letter of application for an SPE certificate may 
be submitted unilaterally by a driver applicant. The application must 
be addressed to the field service center, FMCSA, for the State in which 
the driver has legal residence. The driver applicant must comply with 
all the requirements of paragraph (c) of this section except those in 
(c)(1)(i) and (iii). The driver applicant shall respond to the 
requirements of paragraphs (c)(2)(i) to (v) of this section, if the 
information is known.
    (c) A letter of application for an SPE certificate shall contain:
    (1) Identification of the applicant(s):
    (i) Name and complete address of the motor carrier coapplicant;
    (ii) Name and complete address of the driver applicant;

[[Page 25288]]

    (iii) The U.S. DOT Motor Carrier Identification Number, if known; 
and
    (iv) A description of the driver applicant's limb impairment for 
which SPE certificate is requested.
    (2) Description of the type of operation the driver will be 
employed to perform:
    (i) State(s) in which the driver will operate for the motor carrier 
coapplicant (if more than 10 States, designate general geographic area 
only);
    (ii) Average period of time the driver will be driving and/or on 
duty, per day;
    (iii) Type of commodities or cargo to be transported;
    (iv) Type of driver operation (i.e., sleeper team, relay, owner 
operator, etc.); and
    (v) Number of years experience operating the type of commercial 
motor vehicle(s) requested in the letter of application and total years 
of experience operating all types of commercial motor vehicles.
    (3) Description of the commercial motor vehicle(s) the driver 
applicant intends to drive:
    (i) Truck, truck tractor, or bus make, model, and year (if known);
    (ii) Drive train;
    (A) Transmission type (automatic or manual--if manual, designate 
number of forward speeds);
    (B) Auxiliary transmission (if any) and number of forward speeds; 
and
    (C) Rear axle (designate single speed, 2 speed, or 3 speed).
    (iii) Type of brake system;
    (iv) Steering, manual or power assisted;
    (v) Description of type of trailer(s) (i.e., van, flatbed, cargo 
tank, drop frame, lowboy, or pole);
    (vi) Number of semitrailers or full trailers to be towed at one 
time;
    (vii) For commercial motor vehicles designed to transport 
passengers, indicate the seating capacity of commercial motor vehicle; 
and
    (viii) Description of any modification(s) made to the commercial 
motor vehicle for the driver applicant; attach photograph(s) where 
applicable.
    (4) Otherwise qualified:
    (i) The coapplicant motor carrier must certify that the driver 
applicant is otherwise qualified under the regulations of this part;
    (ii) In the case of a unilateral application, the driver applicant 
must certify that he/she is otherwise qualified under the regulations 
of this part.
    (5) Signature of applicant(s):
    (i) Driver applicant's signature and date signed;
    (ii) Motor carrier official's signature (if application has a 
coapplicant), title, and date signed. Depending upon the motor 
carrier's organizational structure (corporation, partnership, or 
proprietorship), the signer of the application shall be an officer, 
partner, or the proprietor.
    (d) The letter of application for an SPE certificate shall be 
accompanied by:
    (1) A copy of the results of the medical examination performed 
pursuant to Sec. 391.43;
    (2) A copy of the medical certificate completed pursuant to 
Sec. 391.43(e);
    (3) A medical evaluation summary completed by either a board 
qualified or board certified physiatrist (doctor of physical medicine) 
or orthopedic surgeon. The coapplicant motor carrier or the driver 
applicant shall provide the physiatrist or orthopedic surgeon with a 
description of the job-related tasks the driver applicant will be 
required to perform;
    (i) The medical evaluation summary for a driver applicant 
disqualified under Sec. 391.41(b)(1) shall include:
    (A) An assessment of the functional capabilities of the driver as 
they relate to the ability of the driver to perform normal tasks 
associated with operating a commercial motor vehicle; and
    (B) A statement by the examiner that the applicant is capable of 
demonstrating precision prehension (e.g., manipulating knobs and 
switches) and power grasp prehension (e.g., holding and maneuvering the 
steering wheel) with each upper limb separately. This requirement does 
not apply to an individual who was granted a waiver, absent a 
prosthetic device, prior to the publication of this amendment.
    (ii) The medical evaluation summary for a driver applicant 
disqualified under Sec. 391.41(b)(2) shall include:
    (A) An explanation as to how and why the impairment interferes with 
the ability of the applicant to perform normal tasks associated with 
operating a commercial motor vehicle;
    (B) An assessment and medical opinion of whether the condition will 
likely remain medically stable over the lifetime of the driver 
applicant; and
    (C) A statement by the examiner that the applicant is capable of 
demonstrating precision prehension (e.g., manipulating knobs and 
switches) and power grasp prehension (e.g., holding and maneuvering the 
steering wheel) with each upper limb separately. This requirement does 
not apply to an individual who was granted an SPE certificate, absent 
an orthotic device, prior to the publication of this amendment.
    (4) A description of the driver applicant's prosthetic or orthotic 
device worn, if any;
    (5) Road test:
    (i) A copy of the driver applicant's road test administered by the 
motor carrier coapplicant and the certificate issued pursuant to 
Sec. 391.31(b) through (g); or
    (ii) A unilateral applicant shall be responsible for having a road 
test administered by a motor carrier or a person who is competent to 
administer the test and evaluate its results.
    (6) Application for employment:
    (i) A copy of the driver applicant's application for employment 
completed pursuant to Sec. 391.21; or
    (ii) A unilateral applicant shall be responsible for submitting a 
copy of the last commercial driving position's employment application 
he/she held. If not previously employed as a commercial driver, so 
state.
    (7) A copy of the driver applicant's SPE certificate of certain 
physical defects issued by the individual State(s), where applicable; 
and
    (8) A copy of the driver applicant's State Motor Vehicle Driving 
Record for the past 3 years from each State in which a motor vehicle 
driver's license or permit has been obtained.
    (e) Agreement. A motor carrier that employs a driver with an SPE 
certificate agrees to:
    (1) File promptly (within 30 days of the involved incident) with 
the Medical Program Specialist, FMCSA service center, such documents 
and information as may be required about driving activities, accidents, 
arrests, license suspensions, revocations, or withdrawals, and 
convictions which involve the driver applicant. This applies whether 
the driver's SPE certificate is a unilateral one or has a coapplicant 
motor carrier;
    (i) A motor carrier who is a coapplicant must file the required 
documents with the Medical Program Specialist, FMCSA for the State in 
which the carrier's principal place of business is located; or
    (ii) A motor carrier who employs a driver who has been issued a 
unilateral SPE certificate must file the required documents with the 
Medical Program Specialist, FMCSA service center, for the State in 
which the driver has legal residence.
    (2) Evaluate the driver with a road test using the trailer the 
motor carrier intends the driver to transport or, in lieu of, accept a 
certificate of a trailer road test from another motor carrier if the 
trailer type(s) is similar, or accept the trailer road test done during 
the Skill Performance Evaluation if it is a similar trailer type(s) to 
that of the prospective motor carrier. Job tasks, as stated in 
paragraph (e)(3) of this section, are not

[[Page 25289]]

evaluated in the Skill Performance Evaluation;
    (3) Evaluate the driver for those nondriving safety related job 
tasks associated with whatever type of trailer(s) will be used and any 
other nondriving safety related or job related tasks unique to the 
operations of the employing motor carrier; and
    (4) Use the driver to operate the type of commercial motor vehicle 
defined in the SPE certificate only when the driver is in compliance 
with the conditions and limitations of the SPE certificate.
    (f) The driver shall supply each employing motor carrier with a 
copy of the SPE certificate.
    (g) The State Director, FMCSA, may require the driver applicant to 
demonstrate his or her ability to safely operate the commercial motor 
vehicle(s) the driver intends to drive to an agent of the State 
Director, FMCSA. The SPE certificate form will identify the power unit 
(bus, truck, truck tractor) for which the SPE certificate has been 
granted. The SPE certificate forms will also identify the trailer type 
used in the Skill Performance Evaluation; however, the SPE certificate 
is not limited to that specific trailer type. A driver may use the SPE 
certificate with other trailer types if a successful trailer road test 
is completed in accordance with paragraph (e)(2) of this section. Job 
tasks, as stated in paragraph (e)(3) of this section, are not evaluated 
during the Skill Performance Evaluation.
    (h) The State Director, FMCSA, may deny the application for SPE 
certificate or may grant it totally or in part and issue the SPE 
certificate subject to such terms, conditions, and limitations as 
deemed consistent with the public interest. The SPE certificate is 
valid for a period not to exceed 2 years from date of issue, and may be 
renewed 30 days prior to the expiration date.
    (i) The SPE certificate renewal application shall be submitted to 
the Medical Program Specialist, FMCSA service center, for the State in 
which the driver has legal residence, if the SPE certificate was issued 
unilaterally. If the SPE certificate has a coapplicant, then the 
renewal application is submitted to the Medical Program Specialist, 
FMCSA field service center, for the State in which the coapplicant 
motor carrier's principal place of business is located. The SPE 
certificate renewal application shall contain the following:
    (1) Name and complete address of motor carrier currently employing 
the applicant;
    (2) Name and complete address of the driver;
    (3) Effective date of the current SPE certificate;
    (4) Expiration date of the current SPE certificate;
    (5) Total miles driven under the current SPE certificate;
    (6) Number of accidents incurred while driving under the current 
SPE certificate, including date of the accident(s), number of 
fatalities, number of injuries, and the estimated dollar amount of 
property damage;
    (7) A current medical examination report;
    (8) A medical evaluation summary pursuant to paragraph (d)(3) of 
this section, if an unstable medical condition exists. All handicapped 
conditions classified under Sec. 391.41(b)(1) are considered unstable. 
Refer to paragraph (d)(3)(ii) of this section for the condition under 
Sec. 391.41(b)(2) which may be considered medically stable.
    (9) A copy of driver's current State motor vehicle driving record 
for the period of time the current SPE certificate has been in effect;
    (10) Notification of any change in the type of tractor the driver 
will operate;
    (11) Driver's signature and date signed; and
    (12) Motor carrier coapplicant's signature and date signed.
    (j)(1) Upon granting an SPE certificate, the State Director, FMCSA, 
will notify the driver applicant and co-applicant motor carrier (if 
applicable) by letter. The terms, conditions, and limitations of the 
SPE certificate will be set forth. A motor carrier shall maintain a 
copy of the SPE certificate in its driver qualification file. A copy of 
the SPE certificate shall be retained in the motor carrier's file for a 
period of 3 years after the driver's employment is terminated. The 
driver applicant shall have the SPE certificate (or a legible copy) in 
his/her possession whenever on duty.
    (2) Upon successful completion of the skill performance evaluation, 
the State Director, FMCSA, for the State where the driver applicant has 
legal residence, must notify the driver by letter and enclose an SPE 
certificate substantially in the following form:

Skill Performance Evaluation Certificate

Name of Issuing Agency:------------------------------------------------
Agency Address:--------------------------------------------------------
Telephone Number: (  )-------------------------------------------------

Issued Under 49 CFR 391.49, subchapter B of the Federal Motor Carrier 
Safety Regulations

Driver's Name:---------------------------------------------------------
Effective Date:--------------------------------------------------------
SSN:-------------------------------------------------------------------
DOB:-------------------------------------------------------------------
Expiration Date:-------------------------------------------------------
Address:---------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
Driver Disability:-----------------------------------------------------
Check One:__New__Renewal
Driver's License:__________--------------------------------------------
                (State)        (Number)
    In accordance with 49 CFR 391.49, subchapter B of the Federal 
Motor Carrier Safety Regulations (FMCSRs), the driver application 
for a skill performance evaluation (SPE) certificate is hereby 
granted authorizing the above-named driver to operate in interstate 
or foreign commerce under the provisions set forth below. This 
certificate is granted for the period shown above, not to exceed 2 
years, subject to periodic review as may be found necessary. This 
certificate may be renewed upon submission of a renewal application. 
Continuation of this certificate is dependent upon strict adherence 
by the above-named driver to the provisions set forth below and 
compliance with the FMCSRs. Any failure to comply with provisions 
herein may be cause for cancellation.
    CONDITIONS: As a condition of this certificate, reports of all 
accidents, arrests, suspensions, revocations, withdrawals of driver 
licenses or permits, and convictions involving the above-named 
driver shall be reported in writing to the Issuing Agency by the 
EMPLOYING MOTOR CARRIER within 30 days after occurrence.
    LIMITATIONS:
1. Vehicle Type (power unit):*-----------------------------------------
2. Vehicle modification(s):--------------------------------------------
----------------------------------------------------------------------
3. Prosthetic or Orthotic device(s) (Required to be Worn While 
Driving):--------------------------------------------------------------

----------------------------------------------------------------------
4. Additional Provision(s):--------------------------------------------

----------------------------------------------------------------------
    NOTICE: To all MOTOR CARRIERS employing a driver with an SPE 
certificate. This certificate is granted for the operation of the 
power unit only. It is the responsibility of the employing motor 
carrier to evaluate the driver with a road test using the trailer 
type(s) the motor carrier intends the driver to transport, or in 
lieu of, accept the trailer road test done during the SPE if it is a 
similar trailer type(s) to that of the prospective motor carrier. 
Also, it is the responsibility of the employing motor carrier to 
evaluate the driver for those non-driving safety-related job tasks 
associated with the type of trailer(s) utilized, as well as, any 
other non-driving safety-related or job-related tasks unique to the 
operations of the employing motor carrier.
    The SPE of the above named driver was given by a Skill 
Performance Evaluation Program Specialist. It was successfully 
completed utilizing the above named power unit and ________(trailer, 
if applicable)
    The tractor or truck had a ________ transmission.
    Please read the NOTICE paragraph above.
Name:------------------------------------------------------------------
Signature:-------------------------------------------------------------
Title:-----------------------------------------------------------------
Date:------------------------------------------------------------------

    (k) The State Director, FMCSA, may revoke an SPE certificate after 
the person to whom it was issued is given notice of the proposed 
revocation and has been allowed a reasonable opportunity to appeal.

[[Page 25290]]

    (l) Falsifying information in the letter of application, the 
renewal application, or falsifying information required by this section 
by either the applicant or motor carrier is prohibited.
[FR Doc. 00-10700 Filed 4-28-00; 8:45 am]
BILLING CODE 4910-22-P