Removal of Obsolete and Redundant Regulations and Appendices |
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Topics: Federal Highway Administration
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Rodney E. Slater (Federal Register)
January 10, 1994
[Federal Register Volume 59, Number 6 (Monday, January 10, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 94-444] [[Page Unknown]] [Federal Register: January 10, 1994] ======================================================================= ----------------------------------------------------------------------- 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). ----------------------------------------------------------------------- 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