[Federal Register Volume 62, Number 111 (Tuesday, June 10, 1997)]
[Notices]
[Pages 31655-31661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15073]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[FHWA Docket No. Motor Carrier-96-40]
Motor Carrier Regulatory Relief and Safety Demonstration Project
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of final determination.
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SUMMARY: The FHWA announces its final determination establishing the
Motor Carrier Regulatory Relief and Safety Demonstration Project
(``Project''). The Project will allow qualified motor carriers
operating light to medium weight commercial motor vehicles (CMVs) in
interstate commerce to qualify for exemption from certain Federal Motor
Carrier Safety Regulations (FMCSRs) for a three year period.
EFFECTIVE DATE: June 10, 1997.
FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, Jr., Office of
Motor Carrier Research and Standards, (202) 366-4009, or Ms. Grace
Reidy, Office of the Chief Counsel, (202) 366-0834, Federal Highway
Administration, DOT, 400 Seventh Street, SW., Washington, 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: On November 28, 1995, the President signed
the National Highway System Designation Act of 1995 [Pub. L. 104-59,
109 Stat. 568 (NHS Act)]. Section 344 of the NHS Act, now codified at
49 U.S.C. 31136, mandates that the FHWA implement a pilot program for
motor carriers operating CMVs with a gross vehicle weight rating (GVWR)
between 10,001 and 26,000 pounds, inclusive, in interstate commerce, to
qualify for exemption from certain of the FMCSRs (49 CFR Part 350 et
seq.). Notice of the Project (notice) was published in the Federal
Register on August 28, 1996 (61 FR 44385). The comment period closed on
September 27, 1996. In response to docket comments which raised the
issue of the relation between this Project and the existing motor
carrier regulations of the States, a supplemental notice was published
on October 29, 1996 (61 FR 55835), seeking comment on the appropriate
use of Federal preemption to resolve any conflicts between the Federal
and State provisions. The comment period for that notice expired
November 29, 1996.
Comments
The FHWA received 27 comments in response to the Notice. The
commenters included 9 motor carriers, 12 trade associations, 3 safety
consultants or safety interest groups, 2 States and a trade union. The
vast majority of the comments endorsed the ``New Era'' which the FHWA
outlined in the Notice. In particular, the use of performance-based
standards received strong support.
However, many commenters believed that the design of the proposed
Project would discourage participation in the Project by motor
carriers. The explanation most frequently offered for this conclusion
was that the ``paperwork'' requirements of the Project, both at the
time of application and during the Project, were too burdensome, and
outweighed the regulatory relief which the Project motor carrier would
enjoy. The Project as proposed required each applicant motor carrier to
provide the FHWA, at the time of application, with a signed
certification of certain facts, a Safety Control Plan, a roster of
eligible drivers, and a calculation of its accident rate over the
preceding three years. The motor carrier would also have to verify that
the driving record of each driver whom it proposed for the Project did
not contain any convictions of certain prohibited offenses. In
addition, the motor carrier would have to have vehicle maintenance
records on hand for the three years preceding the Project. During the
Project, the FHWA proposal required a Project participant to agree to
provide the FHWA with certain information concerning any accidents in
which the motor carrier was involved, and, in that event, a re-
calculation of the motor carrier's accident rate for the preceding
three years. The FHWA also proposed that Project motor carriers provide
the names of new drivers which the motor carrier wished included in the
Project, as well as names of drivers who drop out of the Project or who
cease to exclusively operate motor vehicles with
[[Page 31656]]
a GVWR between 10,001 and 26,000 pounds, inclusive. Vehicle maintenance
records were also to be maintained and submitted during the Project. In
some cases, such as supplying accident information, the reporting was
to be within 10 days; in other cases, a quarterly basis was proposed.
The commenters most strenuously objected to the totality of these
``paperwork'' requirements. The driver information requirements were
singled out by a significant segment of the commenters. They believed
that the high turnover rate of drivers which many motor carriers
experience would make the driver roster requirement overly burdensome.
It was suggested that detailed driver information should be provided
only with regard to those drivers who are convicted of certain moving
violations, or who are involved in an accident.
Continuing exemption of motor carriers after the three year period
of this Project also drew comment. Commenters believed that the Project
would be more attractive if a commitment was made to extend the Project
beyond three years. They also believed that participants should be able
to expect that the safety management systems which they put in place
for the Project would not become obsolete when the Project terminates.
Some of the Project exemptions were given little value by the
commenters. For instance, it was suggested that most motor carriers
would continue to require a pre-employment road test for new hires even
if they were exempt from the rule requiring one. It was also stated
that insurance carriers would continue to require motor carriers to
obtain an application for employment for each new employee, even if the
Federal requirement is waived. Some commenters also felt that the
creation of an exemption from the regulation requiring newly-hired
drivers to furnish a list of motor vehicle violations was offset by the
Project requirement that Project motor carriers examine the driving
history of their Project drivers to verify that each driver is free of
any disqualifying violations.
The Project as proposed created various exemptions from the record
of duty status provisions, but did not remove the actual hours-of-
service limitations. The failure to take this final step drew
criticism, particularly from those who believe that the spirit, if not
the letter, of the NHS Act mandated such relief. On the other hand,
criticism also came from those who believed that neither the records of
duty status, nor the hours-of-service limitations, should be lifted,
because the FHWA would be unable to detect, or prosecute, violations of
the hours-of-service rules.
Many commenters believed that relief from another provision of the
FMCSRs should have been proposed: The requirement that drivers undergo
a periodic examination by a licensed medical practitioner. The
commenters appeared to be saying that because of the differences
between the typical day-to-day activity of drivers of Project vehicles,
and drivers of vehicles with a GVWR in excess of 26,000 pounds, medical
examination was less critical for the former. These commenters focused
upon the fact that drivers operating CMVs of the class eligible for
this Project normally engage in short-haul operations. Such operations,
the commenters contend, are distinguished from long-haul operations by
the fact that (1) The short-haul driver is on duty during more normal
work hours, and thus is less inclined to experience the fatigue of
evening or graveyard shifts, and, (2) the short-haul driver experiences
more frequent breaks, spends less time actually behind the wheel, and
drives fewer miles on an annual basis. These commenters felt that it
was the intent of Congress that this Project provide an opportunity for
relief from the medical examination requirement.
The Project as proposed also outlined certain eligibility criteria.
Some commenters believed that the requirement that the police-reported
accident rate of Project motor carriers not exceed 1.6 per million
vehicle miles traveled (for the most recent 36 month period) would
unfairly disqualify some motor carriers. The inequity would occur, they
averred, because the proposal does not take accident culpability into
account, and thus an accident in which a motor carrier's driver is
totally free of negligence could nonetheless result in the removal of
that motor carrier from the Project. Other commenters were concerned
that a motor carrier that had not accumulated 1 million vehicle miles
traveled would not be eligible, or would become ineligible when a
single accident occurred.
The requirement that Project drivers not operate CMVs other than
those which have a GVWR between 10,001 and 26,000 pounds, drew
criticism, primarily from the utility industry, which is characterized
by a high percentage of drivers who ``cross over'' to operate CMVs in
excess of 26,000 pounds GVWR. The FHWA also proposed that Project
drivers would not be eligible if they had been convicted in the past
three years of certain violations of law. Some commenters expressed the
belief that all moving violations should be taken into account in
determining the eligibility of drivers.
The FHWA also proposed that Project motor carriers be required to
maintain and submit CMV maintenance records. Commenters expressed
concern that this requirement was particularly burdensome and
eliminated the benefit afforded by the Project exemptions addressing
vehicle maintenance records.
FHWA Response
After careful review, the FHWA has decided to make two changes in
the Project to alleviate the recordkeeping requirements proposed in the
original notice. The first is the elimination of the requirement that
motor carriers maintain and submit vehicle maintenance records. The
benefit to be derived from this information is not sufficiently crucial
to the monitoring, or the evaluation, of the Project to require its
inclusion. The second change is to alter the frequency of the periodic
calculation of the accident rate, and its submission to the FHWA. The
calculation of accidents per million vehicle miles traveled will now be
required on a semi-annual basis, rather than quarterly as proposed. The
calculation will also, as proposed, be required in the event of an
accident involving the motor carrier.
The FHWA is aware that this Project imposes special recordkeeping
and reporting requirements upon participating motor carriers. The FHWA
believes that the remaining paperwork requirements of the Project are
absolutely necessary to conduct this Project and ensure the safety of
the public on the highways. For instance, in the absence of a roster of
the drivers participating in the Project, the Agency would be unable to
assist enforcement personnel at roadside inspection locations.
Confronted with a driver who has no Record of Duty Status, as required
by 49 CFR 395.8(k), but who professes to be a Project driver and thus
exempt from that section, safety inspectors or other enforcement
officials would be unable to verify the exempt status of that driver.
The Agency also believes that most of the remaining records which are
required by this Project are routinely maintained by most motor
carriers in the course of their day-to-day operations.
The FHWA is also relaxing the proposed exclusion from the Project
of CMV drivers who ``crossover'' and operate CMVs with a GVWR greater
than 26,000 pounds. The FHWA believes that such activity can be
permitted, so long as its occurrence for any particular driver is
frequent, and
[[Page 31657]]
measurable; that is, the FHWA will permit a Project motor carrier to
direct Project drivers to operate vehicles outside of the Project
weight class if: (a) the driver operates Project vehicles at least 25%
of the time, and (b) the motor carrier can provide the FHWA with the
total number of vehicle miles driven outside the Project, and the total
number of miles driven within the Project, for each such driver. The
FHWA can take such information into account in conducting its
evaluation of the Project, and thus preserve the integrity of that
process. Motor carriers and their drivers are advised to be alert to
the fact that when activity is conducted outside the Project, it is
subject to all provisions of the FMCSRs. For instance, a driver who
operates a CMV over 26,000 pounds GVWR must, in accordance with 49 CFR
395.8, be able to account for his or her hours of service for an
earlier period of up to 8 days. A ``crossover'' Project driver will
immediately be required to account for his/her hours of service over
the preceding 8 days, even though the driver during this earlier period
was exempt from the requirements of 395.8 by virtue of being engaged in
Project activity.
The FHWA is cognizant of the economic realities which underlie the
suggestion that it should assure motor carriers that the exemptions of
this Project will continue beyond the three-year life of this pilot. It
is possible that the exemptions will continue in some form; however,
the case for permanent regulatory change must be made by appropriate
supporting data. The Agency realizes that strong participation in this
pilot may generate data which show the way to meaningful, performance-
based improvements of the current regulatory scheme. The agency cannot
now predict what the Project data will show, or what the overall
regulatory landscape will look like down the road. After the first two
years of the Project, the FHWA intends to analyze the Project data.
Permanent rules resembling the guidelines of this Project may be
indicated at that time.
The provisions of the FMCSRs governing maximum driving time provide
the best available standard for assuring that fatigued drivers are kept
off the public highways. In order for the FHWA to exempt Project motor
carriers and their drivers from these provisions, the agency must
ensure that safety management controls are available which will achieve
a level of operational safety equal to or greater than that resulting
from compliance with these provisions. Despite the invitation to
comment in the original Notice, no commenter has proposed that
alternate safety controls exist. On September 7, 1995, the FHWA sought
public input (60 FR 46682) with regard to advanced driver and vehicle
technologies, but none addressing maximum driving time were produced.
However, the FHWA also believes that the elimination of the
requirement for records of duty status (log books), time cards or
interactive on-board recording devices for qualified Project motor
carriers, does not place the motoring public in danger. Safety
investigators will rely more heavily upon other evidence, such as, fuel
and toll receipts, bills of lading, and trip reports, to determine if
on-duty or driving time violations are present. Such evidence is
currently employed to corroborate hours-of-service violations,
particularly when logbooks appear to be falsified.
The FHWA does not believe that the requirement for a periodic
medical examination should be susceptible to relief under the Project.
It may be true that the typical operator of a CMV of the weight class
eligible for this Project engages in short-haul operations, i.e. works
normal daytime hours, experiences frequent breaks from driving, spends
less time behind the wheel, and drives fewer total miles than many
long-haul operators. But accidents involving this class of drivers
occur more frequently than accidents involving long-haul drivers. The
biennial medical examination provides a minimal check of the physical
condition of the individuals operating these vehicles, which, though
often referred to as ``light- to medium-sized trucks,'' are nonetheless
capable of causing serious personal injury and property damage. For
this reason, and because the FHWA is reviewing medical standards for
all CMV operators outside of this Project, the agency believes that
relief from this provision is not appropriate under this Project.
The FHWA believes that participation in this Project should be
limited to those motor carriers which have exemplary safety histories.
The Agency further believes that the best measure of a exemplary
history would be an accident rate equal to or better than that of the
top 25% of all motor carriers. The FHWA estimates this accident rate to
be 1.6, or fewer, crashes per 1 million vehicle miles of travel, based
on analysis of the nationwide police-reported crash experience of the
types of vehicles that are expected to participate in this Project, and
the FHWA's estimates of the miles traveled annually by such vehicles.
This crash rate is derived from the most recent three years of
information for straight trucks included in the General Estimates
System (GES) of the National Highway Traffic Safety Administration, and
from mileage statistics found in the FHWA's ``1994 Highway
Statistics,'' Publication No. FHWA-PL-95-042. The FHWA employed data on
straight trucks from the GES to ensure that all types of police-
reported crashes are taken into consideration. The FHWA believes that
in order to definitively pinpoint those motor carriers with exemplary
safety histories, all types of crashes, not just those which may be
defined as preventable or recordable, must be taken into account. While
some commenters were opposed to the rate and considered it an obstacle
to participation in the Project, no commenter submitted data that would
support a different rate.
The FHWA believes that many of the motor carriers which will
volunteer for the Project will have operations in urban areas and may
not accumulate vehicle miles of travel in excess of 1 million. The
eligibility criterion for participation in the Project concerning the
police-reported accident rate has been amended to clarify that motor
carriers with less than a million miles over the past 36 months are
eligible if they have less than 2 police-reported accidents in that
period. The same standard applies to those motor carriers with which
have been in business less than 36 months. When combined with the
exclusion of those motor carriers with an ``Unsatisfactory'' Safety
Rating, participation in the Project is effectively limited to motor
carriers with exemplary safety histories.
Preemption
As mentioned earlier, in response to docket comments raising the
issue of the relation between the requirements of this Project and the
existing motor carrier regulations of the States, a supplemental notice
was published on October 29, 1996 (61 FR 55835) seeking comment on the
appropriate use of Federal preemption in this Project. Eight Comments
to the supplemental notice were received. Five comments were from trade
groups, one from a motor carrier, one from a union, and one from a
safety advocacy group. Four were in favor of the exercise of Federal
preemption, two were opposed to it, and two offered no opinion. No
comments were received from States.
After review of the comments, the FHWA remains convinced that it
has the authority to preempt the provisions of State laws which
conflict with this Project. However, the FHWA also
[[Page 31658]]
remains convinced that it will be unnecessary to invoke this authority.
For some time, through various Federal initiatives, foremost of which
is the program of grants to States known as the Motor Carrier Safety
Assistance Program (MCSAP), the States and the Federal government have
been working together to achieve a high degree of uniformity between
State and Federal enforcement of motor carrier regulatory compliance.
At the same time, the high degree of communication between these
parties has resulted in greater familiarity with the operations of one
another. Thus a new Federal program, though it may necessitate
corresponding changes in State activity, is more readily understood by
State officials. The FHWA also believes that the Federal-State
partnership is capable of absorbing the changes which this Project
imposes upon the enforcement community.
Changes From Notice of August 28, 1996 (61 FR 44385)
The following are the significant changes to the proposal for the
Project outlined in the notice and request for comments dated August
28, 1996:
1. Motor carriers participating in the Project will not be required
to collect, or submit, vehicle maintenance records, as a condition of
participation in the project.
2. Calculation and submission of the accident rate by each
participating motor carrier will be required on a semi-annual basis, as
opposed to quarterly. The requirement to submit a re-calculation of the
revised rate following each accident has been retained.
3. The eligibility criterion for participation in the Project
concerning the police-reported accident rate has been amended to
clarify that motor carriers with less than a million miles over the
past 36 months are eligible if they have less than 2 police-reported
accidents in that period. The same standard applies to those motor
carriers which have been in business less than 36 months.
4. An occasional use of a Project driver ``crossing over'' to
operate CMVs with a GVWR in excess of 26,000 pounds is permissible;
however, only his or her activities while operating CMVs having a GVWR
between 10,001 and 26,000 pounds, inclusive, will be considered as part
of the project data.
For the reasons set forth in the preamble, the FHWA hereby presents
the following as the final determination of the design of the Motor
Carrier Regulatory Relief and Safety Demonstration Project. The FHWA
will grant to eligible motor carriers, for the term of the Project
only, exemption from those requirements of the FMCSRs outlined under
the caption ``Project Exemptions.'' The exemptions will only apply to
the eligible drivers identified by the motor carrier. In order to
participate in the Project, a motor carrier will have to meet the
requirements outlined under the caption ``Criteria for Admission To The
Project,'' and also must submit the appropriate documentation outlined
under the caption ``Applying For The Project.'' Once admitted to the
Project, each participating motor carrier agrees to honor the reporting
and submission requirements outlined under the caption ``The
Agreement.''
The FHWA will evaluate the Project data throughout the Project,
with particular focus upon FHWA's regulatory reinvention and zero-base
initiatives. In addition, at the conclusion of the Project, the FHWA,
in accordance with the NHS Act, will use this data to conduct a zero-
base review of the need for, and the costs and benefits of, all of the
FMCSRs.
Project Exemptions
Qualified motor carriers will be exempt from certain requirements
of the FMCSRs while participating in the Project. All motor carriers
participating in the Project will be exempt from the same regulations;
motor carriers may not pick and choose the regulations from which they
wish to be exempt.
The FHWA, while granting these exemptions to qualified, exemplary
motor carriers, has established certain mechanisms to assist the agency
in monitoring the level of safety of these motor carriers. These
mechanisms are more fully explained later in this notice. Briefly, they
are:
(1) Each project motor carrier must establish, and submit to the
agency, a Safety Control Plan which details the steps it intends to
take during the Project to ensure that it maintains or improves the
level of operating safety which it experienced prior to the Project,
(2) Project motor carriers must advise the FHWA within ten business
days of the occurrence of any police-reported accidents involving
Project drivers. At the same time the Project motor carrier must submit
a re-calculation of its ratio of accidents to vehicle miles, and if it
is greater than the Project standard (1.6), the motor carrier will be
subject to removal from the Project, and
(3) the FHWA will monitor the safety performance of Project motor
carriers, including random checks of various state and Federal
databases.
Project motor carriers, and their eligible drivers, will, with
regard to the operation in interstate commerce of CMVs with a gross
vehicle weight rating (GVWR) between 10,001 and 26,000 pounds,
inclusive, be exempt from the following requirements of the FMCSRs:
Driver Qualifications
Newly-hired drivers are not required to prepare, or furnish to the
employing motor carrier, a list of violations of motor vehicle laws, or
a certificate in lieu thereof, in accordance with 49 CFR 391.11(b)(8).
(However, motor carriers are still required to obtain an official state
driving record as required by 49 CFR 391.23). Drivers are also not
required to successfully complete a Driver's Road Test, or furnish an
Application For Employment, in accordance with 49 CFR 391.11(b)(10) and
391.11(b)(11). In addition, motor carriers do not have to maintain
complete Driver Qualification Files on each driver in accordance with
49 CFR 391.51.
Driver Hours-Of-Service
Project drivers are not required to comply with record of duty
status regulations, whether this entails maintenance of a logbook in
accordance with 49 CFR 395.8, use of a timecard in accordance with 49
CFR 395.1(e), or the use of an interactive automatic on-board recording
device in accordance with 49 CFR 395.15. However, Project motor
carriers and drivers must observe the provisions governing maximum
driving time, and the use of ill or fatigued operators in accordance
with 49 CFR 395.3 and 392.3. Additionally, project motor carriers and
their drivers do not forfeit any other exemptions available under FHWA
regulations.
CMV Inspections
While participating in the Project, motor carriers are exempt from
those requirements pertaining to CMV inspection records, and their
retention in accordance with 49 CFR 396.3 (b) and (c). Exemption is
also granted from the regulations pertaining to driver vehicle
inspection reports and the driver vehicle inspection, 49 CFR 396.11 and
396.13 (b) and (c). In addition, driveaway-towaway inspections are not
required of Project motor carriers or their drivers, nor are periodic
inspections and periodic inspection reports, 49 CFR 396.15, 396.17 and
396.21. However, motor carriers are not relieved of their
responsibility to inspect, repair and maintain their motor vehicles in
accordance with 49 CFR 396.3(a). Furthermore, the Project driver and
CMVs are subject to safety inspection at roadside locations.
[[Page 31659]]
Accident Information
Project motor carriers are exempt from the requirement that they
maintain an accident register in accordance with 49 CFR 390.15 (b)(1)
and (b)(2).
Criteria for Admission to the Project
Each motor carrier applying for admission to the Project must
satisfy the following criteria:
Criterion 1: The motor carrier operates in interstate commerce.
Criterion 2: The motor carrier operates CMVs having a GVWR between
10,001 and 26,000 pounds, inclusive. However, CMVs designed to
transport more than 15 passengers (including the driver), or used in
transporting hazardous materials in placardable quantities, as defined
in regulations issued by the Secretary of Transportation under the
Hazardous Materials Transportation Act (49 U.S.C. 5101, et seq.), are
not eligible to participate in this Project.
Criterion 3: The motor carrier does not currently have a Safety
Fitness Rating of ``Unsatisfactory'' issued by the FHWA. Motor carriers
who have not received a safety rating issued by the FHWA are eligible
for this Project.
Criterion 4: For CMVs eligible for this Project, the motor carrier
has an accident rate equal to or less than 1.6 police-reported
accidents per million vehicle miles traveled, averaged over the most
recent 36 months. For example, a motor carrier which has experienced 4
police-reported accidents, and 3 million vehicle miles traveled, by
eligible CMVs, over the most recent 36 months, would be eligible for
the Project, based upon the following calculation:
4 divided by 3 equals 1.33, which is less than 1.6. This
calculation is to be based solely on the accidents and mileage of those
CMVs which have a GVWR between 10,001 and 26,000 pounds, inclusive. In
addition, the term ``accident'' referenced in 390.5 is not applicable
to this calculation; a ``police-reported accident'' is any accident
which results in the filing of an official report by a Federal, State,
local or tribal law enforcement agency. Motor carriers with less than
one million vehicle miles traveled in the most recent 36 months, are
eligible for the Project if they have not more than 1 police-reported
accidents in that period of time. Two or more police-reported accidents
involving this type of motor carrier will result in ineligibility for
this Project.
Criterion 5: The motor carrier is active on a year-round basis.
``Seasonal'' motor carriers are not eligible for this Project.
Criterion 6: The drivers submitted by the motor carrier for
participation in the Project have not been convicted, in the past three
years, of:
1. An offense that ``directly arose out of'' a fatal traffic
accident;
2. Driving a CMV while under the influence of alcohol, including:
(a) Driving a CMV while the person's alcohol concentration is 0.04
percent or more,
(b) Driving under the influence of alcohol, as prescribed by State
law, and
(c) Refusal to undergo testing for alcohol or controlled substances
as required by any State or jurisdiction,
3. Driving a CMV while under the influence of a controlled
substance;
4. Leaving the scene of an accident involving a CMV; or
5. A felony involving the use of a CMV, including the use of a CMV
in the commission of a felony involving manufacturing, distributing, or
dispensing a controlled substance.
Criterion 7: The motor carrier has a written Safety Control Plan
for this Project. This plan must, in some form, clearly detail the
measures which the motor carrier will undertake to ensure that the
current level of safety is not compromised by the operation of the
Project exemptions. This document may entail no more than submitting
pertinent portions of a company's current Operating Plan or similar
document. An outline for the creation of this document is also
available from the FHWA upon request. In its application, the motor
carrier will agree to abide by its Safety Control Plan.
Applying for the Project
In order to be considered for the Project, motor carriers must,
within 180 days of the publication of this Notice of Final
Determination, submit, in writing, to the FHWA, the following:
(1) A completed Motor Carrier Identification Report (MCS-150),
which will provide updated information about the overall operation of
the motor carrier,
(2) The following certification, duly executed by the Chief
Operating Officer of the motor carrier:
I certify that (Name of motor carrier) operates CMVs having a GVWR
between 10,001 and 26,000 pounds, inclusive, in interstate commerce, on
a year-round basis, and is not rated ``Unsatisfactory'' by the FHWA. I
certify that the company has approved the attached Safety Control Plan
and will employ these controls throughout the Project. I certify that
the motor carrier EITHER:
has an accident rate equal to or less than 1.6 police-reported
accidents per million vehicle miles traveled (VMT), averaged over the
most recent 36 months, based upon ____________ police-report accidents
and ____________ vehicle miles traveled, by CMVs having a GVWR between
10,001 and 26,000 pounds, inclusive, OR has ________________ actual VMT
(less than one million) over the most recent 36 months and has
experienced ____________ (less than 2) police-reported accidents
involving subject vehicles over that period of time.
I hereby submit a roster of ________ company drivers for
participation in the Project. The roster includes driver names, license
numbers and State of licensure, and dates of employment. I certify that
each of these drivers is eligible to participate in the Project, that
each operates CMVs having a GVWR between 10,001 and 26,000 pounds,
inclusive, and that I have independently verified that the driving
record of each does not include any convictions within the past 3 years
of any of the disqualifying offenses enumerated in the Project
criteria. I have read and agree to be bound by the requirements for
notification and submission of information to the FHWA outlined in the
section entitled ``The Agreement'' in the notice of final determination
of this project.
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Signature
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Name
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Title
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Name of Motor Carrier
(3) A Safety Control Plan.
(4) A Driver Roster consisting of driver names, driver license
numbers and state of licensure, and dates of employment. This will
enable the FHWA to advise enforcement officers of the identity of
Project drivers and to monitor their driving performance.
Note: The motor carrier applicant must submit the names of ALL
eligible drivers for participation in the Project.
However, the FHWA is mindful of the fact that some motor carriers
with larger operations may desire to volunteer a particular terminal,
or a particular geographic region, or State, for this Project. The FHWA
anticipates no difficulty in affording motor carriers flexibility with
this form of selection for participation; however, the FHWA will
carefully scrutinize any suggested ``subunits'' to be certain that they
advance the congressional mandate, particularly the requirement that
this Project examine a broad cross-section of the motor carrier
industry. All of the items above should be assembled and submitted to:
Department of Transportation, Federal Highway
[[Page 31660]]
Administration, 10-26 Safety Demonstration Project, 400 Seventh Street
S.W., Washington, Washington, D.C. 20590-0001.
The Agreement
If the FHWA finds that a motor carrier applicant is qualified for
admission to the Project, it will by letter admit the motor carrier to
the Project. A copy of this letter should be made available by the
motor carrier to each Project driver to serve as the credential of his/
her participation in the Project.
By agreement, Project motor carriers promise to do the following at
the times indicated:
(1) Within 10 business days following the occurrence of a police-
reported accident involving a Project driver, the motor carrier must
submit details of that accident sufficient to enable the FHWA to locate
the corresponding police accident report. Normally it will be
sufficient to provide the date and physical location of the accident,
the vehicle number, and the driver name and license number. If the FHWA
needs nonconfidential insurance-related information, it will so advise
the motor carrier.
Note: This information must be accompanied by a revised
calculation of police-reported accidents per million vehicle miles
traveled, indicating the figures employed to make the calculation.
The motor carrier will be subject to removal from the Project (see
below) should this rate exceed 1.6 police-reported accidents per
million VMT for the most recent 36 month period (or, in the case of
Project motor carriers with less than a million vehicle miles traveled
in the most recent 36 months, if this is the second or greater accident
in the most recent 36 months).
(2) Immediately following the addition of a new driver eligible for
the Project, the motor carrier must submit to the FHWA an update to the
roster of Project drivers, including the name, driver's license number,
and date of employment of all drivers.
(3) Immediately, when a Project driver ceases to be employed by the
motor carrier, the motor carrier must submit the driver's name and
license number to the FHWA.
(4) Within 10 business days, the motor carrier must notify the FHWA
when the motor carrier is sold, goes out of business, changes its name,
ceases to operate, ceases to operate in interstate commerce, ceases to
operate CMVs with GVWRs between 10,001 and 26,000 pounds, or ceases to
conduct operations on a year-round basis.
(5) Within 10 business days, the motor carrier must notify the FHWA
when the motor carrier chooses to amend its Safety Control Plan, or is
unable, for any reason, to carry out the terms of the Safety Control
Plan which it developed for this Project.
(6) Semi-annually, Project motor carriers must provide the FHWA
with a current calculation of police-reported accidents per million
vehicle miles traveled for the preceding 36 months, and indicate the
figures employed to arrive at the calculation of this rate. The first
calculation must be submitted upon the sixth-month anniversary of the
date of admission to the Project. Subsequent calculations will be due
in intervals of six months thereafter.
Removal From the Project
The FHWA does not anticipate that any motor carrier which has
satisfied the stringent admission criteria of this Project will
experience any deterioration of its safety record. However, should this
occur, the FHWA will, consistent with its duty under the NHS Act, take
all steps necessary to protect the public interest, as well as the
integrity of the Project. Participation in this Project is voluntary,
and the FHWA retains the right to revoke a motor carrier's
participation in the Project if its safety performance poses a threat
to highway safety. Participating motor carriers are not exempt from
roadside inspections, compliance reviews or enforcement actions
pertaining to the remaining regulations from which they are not exempt,
or on those portions of their operations (such as those involving CMVs
with a GVWR in excess of 26,000 pounds) which are not a part of the
Project. Also, Project drivers who pose a threat to highway safety
will, at a minimum, be subject to immediate revocation of their
privilege to participate in the Project.
If the FHWA finds that the highway operations of a Project motor
carrier have placed the safety of the public in jeopardy, the agency
will remove the motor carrier from the Project. In addition, at such
time as the three-year police-reported accident rate of a Project motor
carrier exceeds 1.6 per million VMT for the most recent 36 month
period, the motor carrier will be subject to disqualification.
Additionally, in the case of Project motor carriers with less than a
million vehicle miles traveled in the most recent 36 months, the agency
will disqualify the Project motor carrier if this is the second, or
greater, accident in the most recent 36 (or less) months.
The FHWA will also immediately remove from the Project any driver
convicted of any of the offenses enumerated under Criterion 6,
Admission To the Project. Such convictions will not necessarily result
in the removal from the Project of the motor carrier which employs the
driver, but may result in more intensive scrutiny of the operations of
that Project motor carrier.
The Final Evaluation
At the conclusion of the Project, the FHWA will conduct an
evaluation of the Project. The principal objective of the evaluation is
to provide input to the Agency's ongoing zero-base review of the need
for, and the cost and benefits of, the FMCSRs as they apply to
interstate motor carriers operating CMVs in the 10,001 to 26,000 pound
GVWR class.
The evaluation will focus upon operational safety by comparing the
collective experience of Project motor carriers and drivers during the
Project with that prior to the Project. The evaluation will also
compare the collective experience of Project motor carriers with the
experience of motor carriers not participating in the Project. These
comparisons will be accomplished through the use of motor carrier
performance data obtained from Federal and State information systems as
well as project data reported to the FHWA by participating motor
carriers.
Paperwork Reduction Act of 1995
The voluntary participants in this program must comply with
information collection requirements which are subject to review by the
Office of Management and Budget (OMB) under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501-3520). Persons are not required to respond to a
collection of information unless it displays a valid OMB control
number. The information collections requirements related to this
program have been approved through emergency processing by the OMB
until August 31, 1997, and assigned OMB No. 2125-0575.
The August 28, 1996, notice provided a 60-day comment period for
the information collections requirements related to this program.
Discussion of these comments including the FHWA's response is included
in the preamble under the heading ``Changes from Notice of August 28,
1996.'' Prior to the expiration date of the information collection, the
FHWA intends to follow the normal clearance procedures to request the
OMB to extend its approval for three years. The comments will be
considered by the FHWA in its request to the OMB for an extension.
(49 U.S.C. 31136 and 31141; 49 CFR 1.48)
[[Page 31661]]
Issued on: June 2, 1997.
Jane F. Garvey,
Acting Administrator.
[FR Doc. 97-15073 Filed 6-9-97; 8:45 am]
BILLING CODE 4910-22-P
