[Federal Register Volume 59, Number 6 (Monday, January 10, 1994)]
[Proposed Rules]
[Pages 1366-1369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-444]
[[Page Unknown]]
[Federal Register: January 10, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Parts 391, 392, and 396
[FHWA Docket No. MC-93-32]
RIN 2125-AD28
Removal of Obsolete and Redundant Regulations and Appendices
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: The FHWA is proposing to remove obsolete and redundant
regulations and appendices from the Federal Motor Carrier Safety
Regulations (FMCSRs). In addition, the FHWA is proposing minor
technical changes in an effort to keep the FMCSRs current. The removal
of obsolete and redundant regulations and appendices is one of the
first actions taken by the FHWA following the Agency's Zero Base
Regulatory Review public outreach sessions. The deletion of these
regulations should result in the reduction of the paperwork burden on
the industry without any reduction in safety benefits.
DATES: Comments must be received on or before March 11, 1994.
ADDRESSES: Submit written, signed comments to FHWA Docket No. MC-93-32,
room 4232, HCC-10, 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 legal Federal holidays. Those desiring notification of receipt
of comments must include a self-addressed, stamped postcard.
FOR FURTHER INFORMATION CONTACT:
Mr. William Blount, Office of Motor Carrier Standards, (202) 366-4009,
or Mr. Charles E. Medalen, Office of Chief Counsel, (202) 366-1354,
Federal Highway Administration, Department of Transportation, 400
Seventh Street SW., Washington, DC 20590. Office hours are from 7:45
a.m. to 4:15 p.m., e.t., Monday through Friday, except legal Federal
holidays.
SUPPLEMENTARY INFORMATION:
Background
The primary focus of the FHWA's Motor Carrier Safety Program is to
reduce commercial motor vehicle (CMV) accidents and the attendant
fatalities, injuries, and property losses. To remain effective,
regulations must reflect trends in State regulatory practices as well
as technical and operational changes in the motor carrier industry. The
motor carrier safety regulations were initially promulgated and
enforced by the Interstate Commerce Commission (ICC) in 1937. In 1967
the Department of Transportation (DOT) was created by the Department of
Transportation Act of 1966, (Pub. L. 89-670, 80 Stat. 931) and the
regulatory and enforcement authority for motor carrier safety was
transferred to the DOT. Today this authority is vested in the FHWA.
Over the years, the FMCSRs have been modified incrementally,
usually by addition of new provisions and often because of
congressional mandates. Some sections, however, no longer correspond to
current practices in the motor carrier industry, and others have been
superseded by State or local initiatives. In September 1992, the
Federal Highway Administration began a comprehensive multi-year effort
to re-create a body of safety rules and regulations that are (1)
understandable, (2) enforceable, (3) capable of being implemented by
industry, and above all, (4) consistent with highway safety. The effort
has been termed ``Zero Base Regulatory Review.'' The review will not
edit the current regulations, but will start with the basic questions
of who, what, and how do we regulate and what is essential to improve
motor carrier safety.
Concurrent with the Zero Base effort, the FHWA participated in a
governmentwide review of regulations designed to identify regulations
that were no longer required or unnecessarily hindered economic growth.
The FHWA's proposed deletions were incorporated into an NPRM published
by the Office of the Secretary of Transportation (OST) on May 20, 1992
(57 FR 21362). On December 22, 1992, the OST published a final rule but
declined to take final action on the FHWA proposals. 57 FR 60725.
Docket comments submitted in response to the May 20 NPRM, and other
comments received in conjunction with the FHWA's Zero Base review
effort, were evaluated by the FHWA in preparing the current NPRM. The
FHWA has identified several requirements that are obsolete or
redundant, i.e., which are repeated by State law or covered in another
part of the FMCSRs or which could be reissued as non-regulatory
guidance.
Discussion
Criteria Used for Regulation Review
The objectives of the FHWA's regulatory review were to (1)
eliminate requirements not needed to carry out the regulatory program;
(2) ensure that rules are clear and succinct; (3) reduce lengthy and
excessively detailed regulations whenever possible; (4) eliminate
redundancy; (5) eliminate excessive reporting requirements; and (6)
reduce or eliminate paperwork burdens wherever possible, without
compromising safety.
Section-by-Section Analysis
Part 391--Qualifications of Drivers
The primary function of part 391 is to ensure that operators of
CMVs meet minimum physical standards and possess the knowledge, skills,
and abilities to operate CMVs safely. The FHWA has reviewed the
regulations in part 391 and has determined that all requirements
pertaining to the written examination and record of violations are
unnecessary, for the reasons set forth below.
Written examination. The written examination tests prospective
drivers on the rules and requirements established by the FMCSRs.
However, the examination is an instructional tool only and a person's
qualification is not affected by his or her performance on the
examination. Carriers are not obligated to take applicants' scores into
consideration when making hiring decisions, so the Federal requirement
is of only marginal usefulness. Carriers may continue to give the test,
but the FHWA will no longer require them to do so. Moreover, drivers
who are subject to the Commercial Driver's License (CDL) requirements
must pass a knowledge test to obtain a CDL, so for CDL holders the
written exam is both redundant and ineffectual. Therefore, the written
examination (contained in appendix C) and all related qualification and
recordkeeping requirements would be removed. The sections to be removed
or amended by this proposal include Secs. 391.11(b)(11); 391.35;
391.37; 391.51(c)(5); 391.51(d)(3); 391.61; 391.67(a); 391.67(c);
391.69(b); 391.71(a) and appendix C to subchapter B.
List of violations. The objective of the record of violations is to
notify the employing motor carrier of all of a driver's moving
violations of motor vehicle traffic laws. This information is to be
used by the carrier to ensure that its drivers have not been
disqualified to drive a CMV.
The CDL regulations require CMV drivers to notify their current
employers within 30 days of any conviction for a non-parking violation
in any kind of vehicle (not only a CMV). If the conviction occurred in
a jurisdiction other than the one that issued the CDL, the driver must
also report it to the issuing jurisdiction within 30 days (49 CFR
383.31). Therefore, the provisions in Sec. 391.27 for motor carriers to
require their drivers to prepare and furnish a list of all traffic
violations during the preceding 12 months at least once every year, and
to maintain the record of violations in driver qualification files for
three years, are unnecessary and redundant. Furthermore, it is a common
practice for motor carriers or their insurance providers to obtain from
the State licensing agency the motor vehicle records on each of their
drivers once or more per year, although this is not required. The FHWA
is therefore proposing to delete Sec. 391.27 and all related
qualification and recordkeeping requirements. The sections to be
removed or amended by this proposal include Secs. 391.11(b)(8); 391.27;
391.51(b)(4); 391.51(h)(3); 391.63(a)(4); 391.67(a).
Miscellaneous. The FHWA is also proposing minor technical
corrections to Sec. 391.51(b)(2) and Sec. 391.51(g). These corrections
will bring the regulation into conformance with organizational changes
of the regional offices of the Federal Highway Administration, and will
correctly identify the new title of the Regional Director of Motor
Carriers.
Drivers operating in Hawaii. The limited exemption in
Sec. 391.69(a) for drivers operating in the State of Hawaii is
obsolete. Section 391.69(a) states that ``drivers who will reach the
age of 21 no later than April 1, 1976, may continue to drive within the
State of Hawaii.'' Since this date has passed, the provision should be
removed.
Part 392--Driving of Motor Vehicles
The FHWA has identified regulations within part 392, Driving of
Motor Vehicles, that are redundant of State and local laws. The
regulations in part 392 are designed to reduce Commercial Motor Vehicle
accidents by requiring that every motor vehicle be operated in
accordance with State and local laws and ordinances, or FHWA
regulations, whichever imposes the higher standard of care. The driving
regulations and rules of the road in part 392 resemble traffic laws and
ordinances. Basic rules of the road for trucks and buses are more
appropriately monitored and enforced by State and local authorities
under their own laws than by Federal regulators. In order to reduce
duplication of enforcement requirements, many of the rules contained in
part 392 should be removed. The FHWA is proposing to remove the
sections discussed below:
Section 392.9a Corrective lenses to be worn.
The FHWA is proposing to remove this section because it is
duplicated by State driver licensing laws. State laws routinely require
drivers who need glasses or contact lenses to wear them while driving.
In addition, the requirement that wearers of contact lenses carry an
extra set of them while driving does nothing to improve safety since a
spare lens could not be inserted before bringing the vehicle to a stop.
Section 392.12 Drawbridges; stopping of buses.
Section 392.18 slow moving vehicles; hazard warning signal flashers.
Section 392.21 Stopped vehicles not to interfere with other traffic.
The FHWA is proposing to remove these sections because they are
unenforceable by FHWA field staff and are more appropriately addressed
by State and local ordinances. In most, if not all, cases, State and
local laws provide that drivers are required to observe traffic signs.
State and local enforcement officers are responsible for maintaining
proper traffic flow and handling slow moving and stepped vehicles.
Section 392.30 Lighted lamps; moving vehicles.
Section 392.31 Lighted lamps; stopped or parked vehicles.
Section 392.32 Upper and lower head-lamp beams.
The FHWA is proposing to remove these sections because they are
duplicated by State laws and can only be enforced by State or local
agencies. In addition, the requirements for lighting devices are
addressed in part 393 of the FMCSRs.
Section 392.40 All accidents.
Section 392.41 Striking unattended vehicle.
The FHWA is proposing to remove these two sections because they
duplicate State ordinances.
Section 392.61 Driving by unauthorized person.
Section 392.62 Bus driver; distraction.
Section 392.65 Sleeper berth; transfer to or from.
Section 392.69 Sleeper berth, occupation.
The FHWA is proposing to remove Secs. 392.61 and 392.69 because the
FHWA believes that these situations should be governed by company
policy or a labor management agreement. Section 392.62 duplicates State
and local regulations and should be removed. Section 392.65 is proposed
to be removed because it is obsolete. There are very few truck tractors
still in use that require entry into the sleeper berth from outside the
vehicle.
Part 396--Inspection, Repair, and Maintenance
Part 396 places the responsibility upon the motor carrier to insure
that its vehicles are properly maintained. The FHWA is proposing to
remove Sec. 396.3(b)(4) because it is redundant. Section 396.3(b)(3)
already requires motor carriers to maintain for vehicles controlled for
30 consecutive days or more a record of inspection, repairs and
maintenance indicating their date and nature. Since the lubrication
record required by Sec. 396.3(b)(4) is a maintenance record, the
requirement is duplicative and should be removed.
Appendix A to Subchapter B
Appendix A to subchapter B includes all interpretations that were
issued by the FHWA up to the publication of a collection of
interpretations on November 23, 1977 (42 FR 60078). A new compilation
of interpretations was recently published in the Federal Register on
November 17, 1993 (58 FR 60734). Therefore, appendix A is redundant and
obsolete, and the FHWA is proposing it be removed.
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
This proposed rule would remove obsolete and redundant regulations
from the FMCSRs. The FHWA has determined that this document is not a
significant regulatory action under Executive Order 12866 or a
significant regulation under the regulatory policies and procedures of
the DOT. It is anticipated that the economic impact of this rulemaking
will be minimal. Therefore, a full regulatory evaluation is not
required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this proposal on small
entities. This action would lessen the regulatory burden on small and
large entities subject to the FMCSRs by removing recordkeeping
requirements associated with the written examination and record of
violations. Based on the evaluation of this proposal, the FHWA
certifies that this action will not have a significant economic impact
on a substantial number of small entities.
Executive Order 12612 (Federalism Assessment)
This action has been analyzed in accordance with the principles and
criteria contained in Executive Order 12612, and it has been determined
that this proposed rule does not have sufficient federalism
implications to warrant the preparation of a full Federalism
Assessment.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.217, Motor
Carrier Safety. The regulations implementing Executive Order 12372
regarding intergovernmental consultation on Federal programs and
activities apply to this program.
Paperwork Reduction Act
This rulemaking action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act of 1980, 44
U.S.C. 3501 et seq.
National Environmental Policy Act
The agency has analyzed this action for the purpose of the National
Environmental Policy Act of 1969 and has determined that 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 Parts 391, 392, and 396
Highway safety, Highways and roads, Motor carriers, and Motor
vehicle safety.
Issued on: January 3, 1994.
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 391,
392, 396, and appendices A and C to subchapter B as set forth below:
PART 391--QUALIFICATIONS OF DRIVERS [AMENDED]
1. The authority citation for part 391 continues to read as
follows:
Authority: 49 U.S.C. app. 2505; 49 U.S.C. 504 and 3102; 49 CFR
1.48.
Sec. 391.11 [Amended]
2. Section 391.11 is amended by removing paragraphs (b)(8) and
(b)(11), and redesignating paragraphs (b)(9), (10) and (12) as
paragraphs (b)(8), (9) and (10).
Secs. 391.27, 391.35, and 391.37 [Removed and Reserved]
3. Sections 391.27, 391.35, and 391.37 are removed and reserved.
Sec. 391.51 [Amended]
4. Section 391.51 is amended as follows:
a. In paragraph (b)(2), by removing ``The Regional Federal Highway
Administrator's letter'' and inserting in lieu thereof the words ``The
letter from the Regional Director of Motor Carriers'';
b. By removing paragraph (b)(4) and redesignating paragraph (b)(5)
as paragraph (b)(4), and by adding the word ``and'' at the end of
paragraph (b)(3);
c. In paragraph (c)(4), by removing ``; and'' and inserting in lieu
thereof a period, and by removing paragraph (c)(5);
d. By removing paragraph (d)(3) and redesignating paragraph (d)(4)
as paragraph (d)(3), and by adding the word ``and'' at the end of
paragraph (d)(2);
e. In paragraph (g), by removing the words ``Director, Regional
Motor Carrier Safety Office'' and ``Directors of Regional Motor Carrier
Safety Offices'' and inserting in lieu thereof ``Regional Director of
Motor Carriers'' and ``Regional Directors of Motor Carriers'',
respectively; and
f. By removing paragraph (h)(3) and redesignating paragraph (h)(4)
as paragraph (h)(3).
5. Section 391.61 is revised to read as follows:
Sec. 391.61 Drivers who were regularly employed before January 1,
1971.
The provisions of Sec. 391.21 (relating to applications for
employment), Sec. 391.23 (relating to investigations and inquiries),
and Sec. 391.31 (relating to road tests) do not apply to a driver who
has been a regularly employed driver (as defined in Sec. 390.5 of this
subchapter) of a motor carrier for a continuous period which began
before January 1, 1971, as long as he/she continues to be a regularly
employed driver of that motor carrier. Such a driver is qualified to
drive a motor vehicle if he/she fulfills the requirements of paragraphs
(b)(1) through (b)(8) of Sec. 391.11 (relating to qualifications of
drivers).
Sec. 391.63 [Amended]
6. Section 391.63 is amended by removing paragraph (a)(4), and
paragraph (a)(3) is amended by removing ``; or'' and inserting in lieu
thereof a period.
7. Section 391.67 is revised to read as follows:
Sec. 391.67 Drivers of articulated (combination) farm vehicles.
The following rules in this part do not apply to a farm vehicle
driver (as defined in Sec. 390.5) who is 18 years of age or older and
who drives an articulated motor vehicle:
(a) Paragraphs (b)(1), (b)(9), and (b)(10) of Sec. 391.11 (relating
to driver qualifications in general).
(b) Subpart C (relating to disclosure of, investigation into, and
inquiries about the background, character, and driving record of,
drivers).
(c) Subpart D (relating to road tests).
(d) So much of Secs. 391.41 and 391.45 as require a driver to be
medically examined and to have a medical examiner's certificate on his
person before January 1, 1973.
(e) Subpart F (relating to maintenance of files and records).
8. Section 391.69 is revised to read as follows:
Sec. 391.69 Drivers operating in Hawaii.
The provisions of Sec. 391.21 (relating to applications for
employment), Sec. 391.23 (relating to investigations and inquiries),
and Sec. 391.31 (relating to road tests) do not apply to a driver who
has been a regularly employed driver (as defined in Sec. 390.5 of this
subchapter) of a motor carrier for a continuous period which began
before January 1, 1971, as long as he/she continues to be a regularly
employed driver of that motor carrier. Such a driver is qualified to
drive a motor vehicle if he/she fulfills the requirements of paragraphs
(b)(1) through (b)(8) of Sec. 391.11 (relating to qualifications of
drivers).
Sec. 391.71 [Amended]
9. In Sec. 391.71 paragraph (a) introductory text is amended by
removing the words ``and Sec. 391.35 (relating to written
examination)'' and inserting the word ``and'' before the reference to
``Sec. 391.31.''
PART 392--DRIVING OF MOTOR VEHICLES
10. The authority citation for part 392 is revised to read as
follows:
Authority: 49 U.S.C. app. 2505; 49 U.S.C. 3102; 49 CFR 1.48.
Secs. 392.9a, 392.12, 392.18, 392.21, 392.30, 392.31, 392.32, 392.40,
392.41, 392.61, 392.62, 392.65, and 392.69 [Removed and Reserved]
11. Sections 392.9a, 392.12, 392.18, 392.21, 392.30, 392.31,
392.32, 392.40, 392.41, 392.61, 392.62, 392.65, and 392.69 are removed
and reserved.
PART 396--INSPECTION, REPAIR, AND MAINTENANCE
12. The authority citation for part 396 continues to read as
follows:
Authority: 49 U.S.C. app. 2509; 49 U.S.C. 3102; 49 CFR 1.48.
Sec. 396.3 [Amended]
13. Section 396.3 is amended by removing paragraph (b)(4) and
redesignating paragraph (b)(5) as paragraph (b)(4), and by adding the
word ``and'' at the end of paragraph (b)(3).
Appendices A and C [Removed and Reserved]
14. In chapter III, suchapter B, appendices A and C are removed and
reserved.
[FR Doc. 94-444 Filed 1-7-94; 8:45 am]
BILLING CODE 4910-22-M
