Removal of Obsolete and Redundant Regulations and Appendices

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Chapter III and Parts 382, 390, 391, 392, 395, 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: Final rule.

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SUMMARY: The FHWA is removing regulations and appendices from the

Federal Motor Carrier Safety Regulations which are obsolete, redundant,

or more appropriately regulated by State and local authorities. This

action is in response to the FHWA's Zero Base Regulatory Review.

EFFECTIVE DATE: December 23, 1994; except for revisions to Secs. 391.68

and 391.73 which will become effective on January 2, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Peter C. Chandler, Office of Motor

Carrier Standards, (202) 366-5763, 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:

Background

The first Federal Motor Carrier Safety Regulations (FMCSRs) were

promulgated in 1937. The FMCSRs have been amended many times during the

past 57 years. In September 1992, the FHWA began a comprehensive multi-

year project to develop modern, uniform safety regulations that are up

to date, clear, concise, easier to understand, and more performance

oriented. This project has been named the ``Zero Base Regulatory

Review.''

Upon the announcement of the first four ``Zero Base'' public

outreach sessions in the Federal Register (57 FR 37392) on August 18,

1992, the FHWA opened a public docket, MC-92-33, to allow interested

parties who were unable to attend an outreach session the opportunity

to submit comments and recommendations for improvement of the FMCSRs.

After the comment period closed on April 1, 1993, and the comments were

analyzed, the FHWA published a notice of proposed rulemaking (NPRM) in

the Federal Register (59 FR 1366) on January 10, 1994, proposing to

remove specific regulations and appendices from the FMCSRs. Some

designated sections of the FMCSRs and all designated appendices were

identified as obsolete or redundant of other sections of the FMCSRs.

Other designated sections of the FMCSRs were identified as duplicative

of State or local regulations and were considered to be more

appropriately regulated by State and local authorities. Technical

amendments to part 391 of the FMCSRs were also proposed in the NPRM.

The FHWA received twenty comments to the docket. Ten were from

associations, six from motor carriers, two from consulting companies,

and one each from a State agency and an individual. Eight of the

commenters supported all of the proposed changes; however, the

Advocates for Highway and Auto Safety opposed all of the proposed

changes. Other commenters supported some proposed changes and opposed

others, or made recommendations or commented on matters not related to

this rulemaking. The following is a discussion of the comments to the

docket, along with the FHWA's response, arranged by part and section of

the FMCSRs.

PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

Paragraph (6) of the definition of On duty time in Sec. 395.2 is

being removed which is explained below in part 395. This removal

necessitates a technical amendment to the definition of Safety-

sensitive function in Sec. 382.107 because the definition references

paragraphs (1) through (7) of the definition of On duty time. The

definition of Safety-sensitive function is being amended to reference

paragraphs (1) through (6) of the definition of On duty time.

PART 391--QUALIFICATIONS OF DRIVERS

The FHWA proposed to remove all requirements pertaining to the

written examination and record of violations. The FHWA also proposed to

remove a paragraph from the limited exemption for drivers operating in

the State of Hawaii.

Written Examination

Ten commenters supported and six commenters opposed the removal of

the requirements related to the written examination. Four commenters

expressed concern that the removal of the written examination

requirements would result in a lack of instruction for drivers not

subject to the commercial driver's license (CDL) requirements. Two

commenters recommended that the written examination requirements be

strengthened, such as, by establishing a passing grade. The American

Trucking Associations, Inc. (ATA), argued that a driver-applicant could

file suit for discrimination if denied employment for refusing to take

a written examination administered as a company policy, rather than as

a Federal requirement.

FHWA Response: The removal of the requirements related to the

written examination would have very little effect on highway safety

while reducing the paperwork burden imposed upon motor carriers. The

objective of the written examination is to instruct prospective drivers

in the FMCSRs. There is no passing score and even a poor performance

does not prohibit a motor carrier from hiring the driver. The removal

of the written examination would not affect the motor carrier's

obligation under 49 CFR 390.3(e)(2) to instruct drivers and employees

about the FMCSRs.

The programs of the FHWA have made commercial motor vehicle (CMV)

drivers more familiar with the FMCSRs than was the case in previous

decades. Motor carriers are now in a better position than the FHWA to

decide whether the written examination remains a useful instructional

tool. On the other hand, drivers are required to pass a knowledge test

to obtain a CDL. Although the material covered by the written

examination and the CDL knowledge test is not exactly the same, there

is some overlap. In consideration of these circumstances, the benefits

of the written examination are outweighed by the paperwork burden it

imposes on motor carriers. Motor carriers may continue to administer

the written examination as a part of their training program, but the

FHWA will no longer require them to do so.

Retaining and strengthening the written examination by establishing

a passing grade would impose a prescriptive method upon motor carriers

to instruct their drivers and employees about the FMCSRs. One thrust of

the Zero Base Regulatory Review is to make the FMCSRs more performance

oriented to provide motor carriers with increased flexibility in

achieving compliance. The removal of the written examination is a good

example of this intention.

The FMCSRs are not intended to reinforce or support every action a

motor carrier might take in hiring or qualifying its drivers. Motor

carriers have long been allowed to require or enforce more stringent

safety or health standards than those required by the FMCSRs [49 CFR

390.3(d)]. Motor carriers that continue to administer the written

examination or similar test under company policy should face no

increased potential liability as long as all applicants are treated in

the same manner. Such a policy would only rarely be affected by the

Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 355, as amended)

or the Americans with Disabilities Act of 1990 (Pub. L. 101-336, 104

Stat. 327, as amended).

The written examination (contained in appendix C) and all related

qualification and recordkeeping requirements are removed. The sections

affected by this removal 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); 391.68;

391.69(b); 391.71(a); 391.73 and appendix C to subchapter B.

Record of Violations

Nine commenters supported and eight opposed the removal of all

requirements related to the record of violations. American Insurance

Service Group, Inc., Engineering and Safety Service had no objection to

the removal of the record of violations provided motor carriers were

required to make an inquiry annually into their drivers' driving

records to the license issuing State agency. Carrier Compliance

Services opposed the removal of the record of violations and

recommended that motor carriers also be required to make an annual

inquiry into their drivers' driving records. Tandem Transport, Inc.,

recommended that a motor carrier be allowed the option of making an

annual inquiry into a drivers' driving record or requiring the driver

to furnish it with a record of violations annually. Three commenters

argued that, although CDL holders must notify their employers within 30

days of any conviction for a non-parking violation in any type of motor

vehicle, the record of violations provision is the only notification

requirement applicable to drivers of smaller motor vehicles, and that

its removal would therefore eliminate an important source of

information.

FHWA Response: The FHWA has decided not to remove the requirements

related to the record of violations at this time. The FHWA will further

evaluate the submitted recommendations and determine whether a

rulemaking action to amend the current requirements is warranted.

Drivers Operating in Hawaii

No commenters expressed specific opposition to the removal of

Sec. 391.69(a).

FHWA Response: 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, this

paragraph is obsolete. This rule removes Sec. 391.69(a).

Miscellaneous

No commenters expressed specific opposition to the proposed

technical amendments to Sec. 391.51(b)(2) and Sec. 391.51(g), by which

various titles for the position of Regional Director would be replaced

by the proper title, ``Regional Director of Motor Carriers.''

FHWA Response: There are numerous other places within chapter III

of title 49 where the position of Regional Director is mentioned by an

obsolete title, such as, Regional Director, Motor Carrier Safety;

Regional Director, Office of Motor Carrier Safety; Director, Regional

Motor Carrier Safety Office; etc. Rather than making technical

amendments to Sec. 391.51(b)(2) and Sec. 391.51(g) only, the FHWA has

decided to make a nomenclature change to correct all obsolete

references to the position of Regional Director in chapter III of title

49 to identify the position by its correct title, Regional Director of

Motor Carriers, and to make a slight modification to its definition in

Sec. 390.5.

PART 392--DRIVING OF MOTOR VEHICLES

The FHWA proposed to remove several sections of the FMCSRs which

were identified as being redundant of State and local regulations and

more appropriately regulated by State and local authorities.

Corrective Lenses To Be Worn

Eleven commenters supported and five commenters opposed the removal

of Sec. 392.9a, Corrective lenses to be worn. Four of the five opposing

commenters were primarily concerned about removing the requirement that

a driver who wears contact lenses have a spare lens or set of lenses on

his/her person while driving. These commenters wanted to ensure that a

driver whose contact lenses become lost or damaged be able to continue

to drive with corrected vision.

FHWA Response: The requirements of Sec. 392.9a are duplicative of

other sections of the FMCSRs and State regulations. If a driver meets

the vision standards only when wearing corrective lenses, Sec. 391.43

requires the medical examiner to check the box, ``Qualified only when

wearing corrective lenses'' on the medical examiner's certificate.

Therefore, a driver who meets the vision standards only when wearing

corrective lenses is not medically qualified to drive a CMV in

interstate commerce when not wearing corrective lenses. A driver who is

subject to and does not meet the medical qualification standards is

prohibited from driving a CMV in interstate commerce.

Section 392.9a is also duplicative of State driver licensing laws.

Most, if not all, States place a restriction on driver's licenses

requiring persons who need glasses or contact lenses to wear them while

driving.

Other than spare power sources for hearing aids and spare fuses,

the FMCSRs do not require extra equipment in any other section. For

example, the FMCSRs do not require CMV drivers to carry a spare

headlight or other lamp in case a required lamp fails to operate. The

carriage of extra equipment, including spare contact lenses, to ensure

against possible contingencies is best addressed by company policy.

The removal of Sec. 392.9a does not affect the requirement that a

driver comply with the vision standards when operating a CMV in

interstate commerce. This rule removes Sec. 392.9a.

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

Only one commenter expressed specific opposition to the removal of

any of these sections. The Chemical Waste Transportation Institute

opposed the removal of Sec. 392.21 on the ground that interstate motor

carriers would have to modify their training programs depending upon

the jurisdictions in which they travel.

FHWA Response: These sections are duplicative of and more

appropriately addressed by State and local regulations. All States and

localities require compliance with traffic laws. State and local law

enforcement officers are responsible for maintaining proper traffic

flow and handling slow moving and stopped vehicles.

A CMV must be operated in accordance with the laws and regulations

of the jurisdiction in which it is being operated. Section 392.2 of the

FMCSRs emphasizes this requirement. Even if Sec. 392.21 were retained,

motor carriers and drivers would still be required to comply with the

State and local regulations pertaining to stopped motor vehicles. The

removal of Sec. 392.21 would not change this obligation. In addition,

the regulatory requirements imposed by Federal, State, and local

authorities change over time. Therefore, motor carrier training

programs will eventually have to be modified to reflect regulatory

changes. This rule removes Secs. 392.12, 392.18, and 392.21.

Section 392.30 Lighted Lamps; Moving Vehicles

The Chemical Waste Transportation Institute was the only commenter

that expressed specific opposition to the removal of this section. The

Institute did so for the same reason it opposed the removal of

Sec. 392.21.

FHWA Response: This section is duplicative of State laws and can

only be enforced by State and local authorities. The retention of a

Federal rule which is redundant of State or local regulations and more

appropriately monitored and enforced by these authorities is not

justifiable solely because driver training programs may have to be

modified.

Section 392.31 Lighted Lamps; Stopped or Parked Vehicles

Twelve commenters supported and three commenters opposed the

removal of this section. The Chemical Waste Transportation Institute's

objection was based on the same reasoning discussed above. The

Advocates for Highway and Auto Safety commented that the removal of

this section is premature until the FHWA concludes its conspicuity

rulemaking. The ATA argued that this section should be retained to

inhibit localities from promulgating and enforcing non-uniform and

potentially burdensome regulations.

FHWA Response: Section 392.22, Emergency signals; stopped vehicles,

requires hazard warning signal flashers to be activated whenever a

motor vehicle is stopped upon the traveled portion or shoulder of a

highway until warning devices are placed. Section 392.22(b) specifies

how and when warning devices must be placed, both in business or

residential districts and on the public highway. The FHWA has

determined that Sec. 392.31 is unnecessary in light of the requirements

of Sec. 392.22. All of the situations covered by Sec. 392.31 are more

thoroughly addressed by Sec. 392.22.

On January 19, 1994, the FHWA published an advance notice of

proposed rulemaking (ANPRM) in the Federal Register (59 FR 2811) which

announced that the agency is considering issuing a proposal to require

the use of retroreflective sheeting or reflex reflectors on certain

trailers manufactured prior to December 1, 1993, the effective date of

the National Highway Traffic Safety Administration's final rule on

conspicuity for newly manufactured trailers. This ANPRM did not address

the display or lighting of lamps. The requirements of Sec. 392.22

provide sufficient warning to other motor vehicle traffic that a CMV is

stopped or parked on the traveled portion or shoulder of a highway.

Therefore, the removal of Sec. 392.31 is not premature.

The lighting requirements for stopped or parked vehicles are better

monitored and enforced by State and local authorities. Section 392.31

contains a provision that no lamps need be lighted if there is

sufficient highway lighting to make persons and vehicles discernible at

a distance of 500 feet, unless lighted lamps are required by local

regulations. Since Sec. 392.31 is contingent upon local regulations,

its removal would not free or encourage localities to promulgate and

enforce different lighting requirements for stopped or parked vehicles.

This rule removes Sec. 392.31.

Section 392.40 All Accidents

Eleven commenters supported and four commenters opposed the removal

of Sec. 392.40, which requires a CMV driver involved in an accident

resulting in death, injury, or property damage to: Stop; prevent

further accident; assist injured persons; provide driver, motor

carrier, and CMV identification information; and report the accident to

his/her employer. The Chemical Waste Transportation Institute raised

the same training argument discussed above. Pinnacle Transportation

Services claimed that the removal of this section would likely lead to

a medley of inconsistent State regulations about the responsibilities

of a driver involved in an accident. The ATA claimed that the position

of a motor carrier in litigation is strengthened if it shows that

Sec. 392.40 was complied with rather than a State accident reporting

requirement.

FHWA Response: All States already have requirements for a driver of

a CMV involved in an accident. Compliance with Sec. 392.40 does not

exempt a motor carrier or driver from such State or local regulations,

nor does it supplement them. The requirement in paragraph (e) of

Sec. 392.40 that drivers report all details of an accident to the motor

carrier as soon as practicable is best handled by company policy rather

than by the FMCSRs. The accident reporting requirements for motor

carriers which were formerly contained in part 394 of the FMCSRs were

removed effective March 4, 1993 (58 FR 6726, February 2, 1993), and

with them the need to require CMV drivers to report accidents to their

employing motor carriers. This rule removes Sec. 392.40.

Section 392.41 Striking Unattended Vehicle

Twelve commenters supported and three commenters opposed the

removal of this section. The Chemical Waste Transportation Institute

repeated the same training argument discussed above. The ATA

recommended that this section be retained in order to preempt a variety

of State regulations which are slightly different.

FHWA Response: As previously stated, compliance with the FMCSRs

does not exempt a motor carrier or driver from complying with a similar

State or local regulation. The requirements for a driver of a CMV that

strikes an unattended motor vehicle upon the highway are appropriately

monitored and enforced by State and local authorities. The requirements

in Sec. 392.41 are duplicative and cause confusion. This rule removes

Sec. 392.41.

Title to Subpart E

The removal of Secs. 392.40 and 392.41 eliminates, for the purposes

of the FMCSRs, the duties of a driver involved in an accident.

Therefore, this rule changes the title to subpart E of part 392 from

``Accidents and License Revocation; Duties of Driver'' to ``License

Revocation; Duties of Driver.''

Section 392.61 Driving by Unauthorized Person

Ten commenters supported and four commenters opposed the removal of

this section. Pinnacle Transportation Services declared that its

removal would require thousands of policy manuals to be rewritten. The

Advocates for Highway and Auto Safety commented that an action that may

lead to an out-of-service violation should continue to be prohibited by

the FMCSRs. The ATA commented that the backing of a Federal regulation

strengthens the position of motor carrier management in dealing with a

driver who permits an unauthorized person to drive the motor carrier's

CMV.

FHWA Response: The FMCSRs change over time, sometimes

significantly, and policy manuals have to change with them. It is not

justifiable to retain Sec. 392.61 merely to avoid having to revise a

page in a policy manual. The removal of Sec. 392.61 would not affect

any enforcement action taken after the discovery of an unqualified

driver during a roadside inspection performed in compliance with the

North American Uniform Out-of-Service Criteria. Any person who drives a

CMV must meet the qualification standards in part 391 and the CDL

standards in part 383. Motor carriers still have the backing of the

FMCSRs in prohibiting an unqualified person to drive their CMVs. A

Federal prohibition on the use of a qualified driver intrudes in an

area which is best handled by company policy or labor-management

agreement. This rule removes Sec. 392.61.

Section 392.62 Bus driver; Distraction

No commenter expressed specific opposition to the removal of this

section.

FHWA Response: Section 392.62, which prohibits a bus driver from

engaging in any unnecessary conversation or other distracting activity,

duplicates State and local regulations. This rule removes Sec. 392.62.

Section 392.65 Sleeper Berth; Transfer To or From

No commenter expressed specific opposition to the removal of this

section.

FHWA Response: Section 392.65 is obsolete. There are very few

truck-tractors currently in use that require entry into the sleeper

berth from outside the motor vehicle. This rule removes Sec. 392.65.

Section 392.69 Sleeper Berth, Occupation

Only Pinnacle Transportation Services expressed specific opposition

to the removal of this section, on the ground that thousands of policy

manuals would have to be rewritten.

FHWA Response: As stated in a previous response, the retention of a

section of the FMCSRs is not justifiable merely to avoid the revision

of motor carriers' policy manuals. The number of persons occupying a

sleeper berth when the vehicle is in motion is best addressed by

company policy or labor-management agreement. This rule removes

Sec. 392.69.

PART 395--HOURS OF SERVICE OF DRIVERS

The driver requirements of Secs. 392.40 and 392.41 relating to

accidents are mentioned in paragraph (6) of the definition of On duty

time in Sec. 395.2. Since Secs. 392.40 and 392.41 are being removed,

paragraph (6) of the definition of On duty time is also being removed.

PART 396--INSPECTION, REPAIR, AND MAINTENANCE

The FHWA proposed to remove the lubrication record required by

Sec. 396.3(b)(4).

Lubrication Record

No commenter expressed specific opposition to the removal of this

requirement.

FHWA Response: 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 redundant. This rule

removes Sec. 396.3(b)(4).

Appendix A to Subchapter B

The FHWA proposed to remove appendix A to subchapter B of chapter

III, 49 CFR, which includes all published interpretations that were

issued by the FHWA before the publication of interpretations on

November 23, 1977 (42 FR 60078). The Advocates for Highway and Auto

Safety was the only commenter that opposed the removal of this

appendix. The Advocates claimed the interpretations in the appendix are

still valid to the extent they are not inconsistent with the Regulatory

Guidance for the FMCSRs published in the Federal Register (58 FR 60734)

on November 17, 1993. The Advocates recommended that appendix A become

a complete compilation of the FHWA's official interpretations and

guidance regarding the FMCSRs.

FHWA Response: Although the interpretations in appendix A, like

others issued by the FHWA, remain valid if consistent with the 1993

publication referred to above, many interpretations are outmoded and of

little value. The interpretations which were determined by the FHWA to

be relevant to current motor carrier operations were included in the

1993 publication. The printing of all previously issued interpretations

in an appendix would not be useful because some interpretations depend

on factual premises which are not fully explained in the

interpretation. The FHWA is presently considering a rulemaking action

to codify certain longstanding interpretations which are not based on

unique circumstances. This rule removes appendix A since it is

obsolete.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

This rule removes obsolete and redundant regulations from the

FMCSRs. The FHWA has determined that this regulatory action is not

significant under Executive Order 12866 or the regulatory policies and

procedures of the DOT. It is anticipated that the economic impact of

this regulatory action 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 regulatory action on

small entities. This action would lessen the regulatory burden on small

and large entities subject to the FMCSRs by, among other things,

removing the recordkeeping requirements associated with the written

examination. The FHWA hereby 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 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 it would have

no 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 382, 390, 391, 392, 395, and 396

Highway safety, Highways and roads, Motor carriers, and Motor

vehicle safety.

Issued on: November 10, 1994.

Rodney E. Slater,

Federal Highway Administrator.

In consideration of the foregoing and under the authority of 42

U.S.C. 4917 and 49 U.S.C. 104, 501 et seq., 521 et seq., 5101 et seq.,

5113, 5901 et seq., 31101-31104, 31108, 31131 et seq., 31161, 31301 et

seq., 31501 et seq.; and 49 CFR 1.48, the FHWA amends title 49, Code of

Federal Regulations, Chapter III, as follows:

CHAPTER III--[AMENDED]

1. Chapter III is amended by substituting the phrase ``Regional

Director of Motor Carriers'' for any of the following phrases for each

appearance in the chapter: ``Director, Regional Motor Carrier Safety

Office of the Bureau of Motor Carrier Safety'', ``Director, Regional

Motor Carrier Safety Offices'', ``Regional Director, Office of Motor

Carriers'', ``Regional Directors of Motor Carrier Safety'', ``Regional

Director, Motor Carrier Safety'', ``Regional Director, Office of Motor

Carrier Safety'', ``Directors of Regional Motor Carrier Safety

Offices'', and ``Regional Director''.

PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

2. The authority citation for part 382 is revised to read as

follows:

Authority: 49 U.S.C. 31136, 31301 et seq., 31502; and 49 CFR

1.48.

Sec. 382.107 [Amended]

3. Section 382.107 is amended by revising the definition for

Safety-sensitive function to read as follows:

Sec. 382.107 Definitions.

* * * * *

Safety-sensitive function means any of those on-duty functions set

forth in Sec. 395.2 On duty time, paragraphs (1) through (6) of this

chapter.

* * * * *

PART 390--FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL

4. The authority citation for part 390 is revised to read as

follows:

Authority: 49 U.S.C. 31132, 31136, 31502, and 31504; and 49 CFR

1.48.

5. Section 390.5 is amended by revising the definition for Regional

Director to read as follows:

Sec. 390.5 Definitions.

* * * * *

Regional Director of Motor Carriers means the Director of the

Office of Motor Carriers, Federal Highway Administration, for a given

geographical region of the United States.

* * * * *

PART 391--QUALIFICATIONS OF DRIVERS

6. The authority citation for part 391 is revised to read as

follows:

Authority: 49 U.S.C. 504, 31136, and 31502; and 49 CFR 1.48.

Sec. 391.11 [Amended].

7. Section 391.11 is amended by removing paragraph (b)(11), and

redesignating paragraph (b)(12) as paragraph (b)(11).

Secs. 391.35 and 391.37 [Removed]

8. The revision to Sec. 391.35(a) published at 59 FR 8752, Feb. 23,

1994, which is to become effective on January 1, 1995, and Sections

391.35 and 391.37 are removed.

Sec. 391.51 [Amended]

9. Section 391.51 is amended as follows:

a. In paragraph (b)(2), by removing the words ``The Regional

Federal Highway Administrator's letter'' and adding in lieu thereof the

words ``The letter from the Regional Director of Motor Carriers'';

b. In paragraph (c)(3), by adding ``and'' at the end of paragraph;

c. In paragraph (c)(4), by removing ``; and'' and adding in lieu

thereof a period;

d. By removing paragraph (c)(5); and

e. 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).

10. 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)(9)

of Sec. 391.11 (relating to qualifications of drivers).

11. 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) Section 391.11(b)(1), (b)(8), (b)(10), and (b)(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; and

(e) Subpart F (relating to maintenance of files and records).

12. Section 391.68 is revised to read as follows:

Sec. 391.68 Private motor carrier of passengers (nonbusiness).

(a) The following rules in this part do not apply to a private

motor carrier of passengers (nonbusiness) and their drivers:

(1) Section 391.11(b)(8), (b)(10), (b)(11), and (b)(12), (relating

to driver qualifications in general).

(2) Subpart C (relating to disclosure of, investigation into, and

inquiries about the background, character, and driving record of,

drivers).

(3) Subpart D (relating to road tests).

(4) 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/

her person.

(5) Subpart F (relating to maintenance of files and records).

(6) Subpart H (relating to controlled substances testing).

(b) The following rules in this part do not apply to a private

motor carrier of passengers (business) driver: Subpart D (relating to

road tests).

13. Section 391.69 is revised to read as follows:

Sec. 391.69 Drivers operating in Hawaii.

The provisions of Sec. 391.21 (relating to application 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 operating in the State of Hawaii for a

continuous period which began before April 1, 1975, 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)(9) of Sec. 391.11

(relating to qualifications of drivers).

Sec. 391.71 [Amended]

14. In Sec. 391.71, paragraph (a) is amended by removing the words

``and Sec. 391.35 (relating to written examination)'' and adding the

word ``and'' before the reference to ``Sec. 391.31.''

15. Section 391.73 is revised to read as follows:

Sec. 391.73 Private motor carrier of passengers (business).

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 private motor carrier of passengers (business) as of

July 1, 1994, so long as the driver continues to be a regularly

employed driver of that motor carrier. Such a driver is qualified to

drive a motor vehicle if that driver fulfills the requirements of

paragraphs (b)(1) through (b)(9) of Sec. 391.11 (relating to

qualifications of drivers).

PART 392--DRIVING OF MOTOR VEHICLES

16. The authority citation for part 392 is revised to read as

follows:

Authority: 49 U.S.C. 31136 and 31502; and 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]

17. 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.

18. The heading of subpart E is revised to read, ``Subpart E--

License Revocation; Duties of Driver''.

PART 395--HOURS OF SERVICE OF DRIVERS

19. The authority citation for part 395 is revised to read as

follows:

Authority: 49 U.S.C. 31136 and 31502; and 49 CFR 1.48.

Sec. 395.2 [Amended]

20. The definition of On duty time is amended by removing paragraph

(6) and redesignating paragraphs (7) through (9) as paragraphs (6)

through (8), respectively.

PART 396--INSPECTION, REPAIR, AND MAINTENANCE

21. The authority citation for part 396 is revised to read as

follows:

Authority: 49 U.S.C. 31136 and 31502; and 49 CFR 1.48.

Sec. 396.3 [Amended]

22. 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 to Subchapter B [Removed and Reserved]

23. In chapter III, subchapter B, appendices A and C are removed

and reserved.

[FR Doc. 94-28534 Filed 11-22-94; 8:45 am]

BILLING CODE 4910-22-P