Zero Base Review of the Federal Motor Carrier Safety Regulations (FMCSRs); Critical Regulatory Issues Being Researched

SUMMARY: The FHWA is providing a listing of critical regulatory issues

to be researched under the second phase of its zero base regulatory

review. These regulatory issues, framed as questions, resulted from a

series of public hearings held throughout the country during late 1992

and early 1993. The hearings were held to obtain information, views,

opinions, and recommendations on the Federal Motor Carrier Safety

Regulations (FMCSRs) from representatives of the motor carrier

industry, the insurance industry, enforcement personnel, universities,

and other interested parties. The FHWA will be conducting a

comprehensive literature search to identify completed or existing

research studies that will provide insight on these critical issues.

The FHWA is seeking information from individuals and organizations who

may have conducted research that addresses the issues provided in this

notice, who know about research that has been conducted, or who can

identify others who have completed or are in the process of completing

research.

DATES: Information on the identification of relevant research studies

will be collected until further notification in the Federal Register.

ADDRESSES: Please submit the name of the research organization(s), the

title and date of the relevant study or studies, the name of the

principal researcher(s), etc., to FHWA Docket MC-92-33, Room 4232, HCC-

10, Office of the Chief Counsel, FHWA, 400 Seventh Street, SW.,

Washington, DC 20590. All information received will be available for

examination at the above address from 8:30 a.m. to 3:30 p.m., e.t.,

Monday through Friday, except Federal holidays. Those desiring

notification of receipt of information must include a self-addressed,

stamped postcard.

FOR FURTHER INFORMATION CONTACT: Mr. David J. Osiecki, Office of Motor

Carrier Standards, (202) 366-4340, 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 Federal holidays.

SUPPLEMENTARY INFORMATION: The concept of the zero base review is to

take a completely fresh look at the safety regulations governing the

interstate motor carrier industry. The objective of this project is to

improve the regulations so they: (1) Have a more dramatic positive

effect on safety and the reduction of accidents, (2) are more easily

understood by the industry, (3) have a greater performance orientation,

and (4) are easier to interpret and enforce.

The first phase of this project was initiated in 1992 when FHWA

opened a public docket and notified all interested parties through the

Federal Register on August 18, 1992 (57 FR 37392) that it would be

holding a series of public hearings to obtain comments and

recommendations for improvement of the FMCSRs. Pursuant to the August,

1992, notice, and two subsequent notices in the Federal Register (57 FR

53089 and 57 FR 60784), 11 public hearings and 14 focus-group sessions

were held throughout the country. In addition, the public docket which

opened on August 18, 1992, was subsequently closed effective April 1,

1993, pursuant to 57 FR 60784. This initial phase of the zero base

project was completed in September 1993, with the development of a

final report, completed in three volumes, summarizing the

recommendations received at the public hearings, the focus-group

sessions, and through letters to the public docket. Many of the

critical issues provided later in this notice are a direct result of

information and recommendations received during Phase I. The final

report, Zerobase Review of the FMCSRs, for Phase I is available to the

industry and the general public through the National Technical

Information Service in Springfield, Virginia (1-800-553-6847 or local

703-487-4650), for a nominal fee. The access and report numbers are as

follows for each volume: Volume I, Executive Summary PB94-100294,

Report No. FHWA-MC-94-002; Volume II, Data Analysis PB94-100302, Report

No. FHWA-MC-94-003; Volume III, Data Summary PB94-100310, Report No.

FHWA-MC-94-004.

The second phase of this project is currently underway and involves

a literature search for existing research studies that may shed light

on the critical regulatory issues provided later in this notice. The

FHWA will also develop a new format and structure for the rulebook of

the future during this phase. The second phase is scheduled for

completion in calendar year 1996.

The third phase of zero base, which will begin in calender year

1996, will involve the actual writing of the new regulations. As the

new regulations for the rulebook of the future are finalized, the FHWA

will initiate the fourth and final phase of the project, which will

involve drafting and disseminating non-regulatory, user-friendly guides

for specific industries or segments of the regulated population.

The FHWA is seeking information from the public on these critical

regulatory issues to supplement its planned literature search effort to

locate research data. Following are the critical regulatory issues on

which the FHWA is seeking information:

Applicability, Administrative, and Other Requirements

1. Applicability

a. In the definition of a commercial motor vehicle (CMV)

established by the Motor Carrier Safety Act of 1984, should FHWA ask

Congress to substitute for the term ``gross vehicle weight rating,''

which now defines the agency's jurisdiction, the term ``gross vehicle

weight rating or gross vehicle weight''? [see Sec. 390.5]

b. At what GVW or gross vehicle weight rating (GVWR) should the

commercial driver's license (CDL) regulations, alcohol and drug testing

regulations, and the FMCSRs apply? [see Secs. 382.103, 383.3, 383.5,

390.3 and 390.5]

2. Exemptions and Waivers

a. Should there be exemptions?

b. What are the minimum documented grounds to justify exemptions or

waivers for unique operating circumstances (e.g., logging, farming,

utilities, etc.) or localized circumstances (e.g., emergencies, etc.)?

[see Sec. 390.3]

3. Reading Level and English Requirement

a. At what comprehension level are the current FMCSRs written?

b. At what comprehension level should the new regulations be

written for better customer understanding?

c. Is there justification to require drivers to be able to read and

speak the English language? [see Sec. 391.11(b)(2)]

4. Aid and Abet

a. Should FHWA ask Congress for jurisdiction over non-hazardous

materials (HM) shippers?

b. Should FHWA ask Congress for jurisdiction over entities such as

non-HM shippers, insurance companies, health care professionals, etc.

who may aid and abet violations of the FMCSRs? [see Sec. 390.13]

5. Financial Responsibility

a. Are the current levels of financial responsibility sufficient?

[see Secs. 387.9 and 387.33]

b. Should additional types of motor carriage (i.e., private motor

carriers of passengers) be required to meet the minimum levels?

6. Part 397

Could part 397 be included in part 177? What would be the result of

such a change?

7. Part 398

Could it be deleted? What arguments could be made to maintain the

requirements? What would be the result of deleting the part? [see part

398]

8. Part 399

Could it be deleted? What arguments could be made to maintain the

requirements? What would be the result of deleting the part? [see part

399]

Driver Requirements

1. Driver Fatigue

a. What are the effects of loading and unloading on driver fatigue?

b. What is the validity and predictive power of pre-drive fitness-

for-duty devices?

c. What is the state-of-the-art and state-of-the-practice for

fatigue testing/monitoring devices?

d. What should be the preferred method to track driver fatigue that

may ease the paperwork burden on industry, but also facilitate

enforcement? [see Secs. 395.8 and 395.15]

2. Drug & Alcohol Testing

Should Medical Review Officers be certified? If so, Federal, State,

or local certification process? What should be the minimum standards?

[see Secs. 391.85 and 391.87]

3. Medical Requirements

a. Should health care professionals performing medical exams be

certified to do so? If so, Federal, State, or local certification

process? [see Sec. 391.43]

b. Could Medical Review Boards be established to resolve conflicts

of medical evaluations? If so, at what level, Federal, State? [see

Sec. 391.47]

c. Is there a need for a minimum driving age for interstate

drivers? By industry, i.e., farmers, off-road, seasonal, etc.?

d. In light of age discrimination laws, should there be, as a

matter of public policy, a maximum age requirement for CMV drivers?

[see Sec. 391.11(b)]

e. Is it possible to establish objective minimum requirements which

must be met for medical waivers (which can be used by non-medical

personnel to make a determination)?

4. CDL

a. Should there be periodic skills and knowledge retesting of

drivers for CDL purposes? [see Sec. 383.71]

b. What are the merits of using simulation in CDL skills testing?

[see Sec. 383.133]

c. Could the CDL be merged with the medical certification process

in part 391, including the issuance of medical waivers? If so, what

needs to be done to do it?

d. How often should medical examinations be required? [Annually,

every 2 years, etc.]

5. Training

a. What level of training is necessary for a driver to be a safe

driver in three specific areas: geographic, weather, and cargo

(including the transportation of hazardous materials)?

b. Is the CDL HM endorsement requirement necessary in light of the

Research and Special Programs Administration's HM training requirement?

[see 49 CFR 172.700]

6. Documentation

What driver documentation should be maintained in the vehicle to

provide adequate safety oversight by enforcement personnel?

Vehicle Requirements

1. Vehicle Performance

a. What defective mechanical items are most frequently cited during

accidents? Do the cited violations have a direct correlation to

accidents? What are the best means to identify them? [see appendix G to

the FMCSRs]

b. Should the out-of-service criteria be placed in regulation?

2. Mechanic Training

a. Is training for CMV mechanics/inspectors currently adequate?

b. What level of training is appropriate? Is it appropriate to have

required levels of mechanic training?

c. Should there be a requirement to be certificated as a CMV

mechanic? If so, could it be done through a knowledge and skills

demonstration?

3. Inspection Documentation

a. What are the benefits of using on-board computers?

b. Should FHWA require on-board computers to record safety and

performance data?

c. What data should be required?

d. What is the most appropriate method of ensuring the vehicle is

safe both prior to use and just after use? [see Secs. 392.7 and 396.11]

4. Equipment Standards

What is the feasibility of a safety self-diagnostic system for

CMVs? Is prevention cost-beneficial?

5. Documentation

What vehicle safety documentation should be maintained on the

vehicle to provide adequate safety oversight by enforcement personnel?

Motor Carrier Requirements

1. Safety Fitness

a. What is safety fitness? Should there be various levels?

b. Is there a minimal acceptable level of safety fitness? [see

Secs. 385.3, 385.5, and 385.7]

c. Do size and weight violations have a correlation to accidents?

Should size and weight violations be considered in the safety fitness

determination?

d. Should CDL violations, and other traffic violations, be

considered in the safety fitness determination?

2. Driver and Vehicle Information

Because there are privacy implications to information gathering on

drivers, is there a network potential for carrier exchange of driver

information? Could motor carriers access State motor vehicle databases

to check driver information?

3. Documentation

a. What documentation must be maintained by a carrier that

indicates satisfactory safety performance?

b. What minimum documentation must a carrier maintain to ensure

that a driver and a vehicle is safe?

(23 U.S.C. 315; 49 CFR 1.48)

Issued on: September 1, 1994.

Rodney E. Slater,

Federal Highway Administrator.

[FR Doc. 94-22394 Filed 9-9-94; 8:45 am]

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