[Federal Register Volume 59, Number 237 (Monday, December 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30111]
[[Page Unknown]]
[Federal Register: December 12, 1994]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
49 CFR Parts 387, 391, 392, and 397
RIN 2125-AD39
Federal Motor Carrier Safety Regulations; Technical Amendments
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Final rule; technical amendments.
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SUMMARY: This document amends the Federal Motor Carrier Safety
Regulations (FMCSR) to provide nomenclature changes that will revise
and update certain regulatory references and terms. Additionally,
amendments are being made to revise existing hazardous materials
classifications and descriptions to conform with the United Nations'
Recommendations on the Transportation of Dangerous Goods. Finally, a
Schedule of Limits chart pertaining to motor carriers' financial
responsibility has been removed because the information it contained
was duplicative of that in another chart elsewhere in the regulations.
EFFECTIVE DATE: This rule is effective January 11, 1995.
FOR FURTHER INFORMATION CONTACT: Mr. Brad A. Trullinger, Office of
Motor Carrier Standards, (202) 366-5764, or Mr. Raymond Cuprill, Office
of the Chief Counsel, (202) 366-0834, 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 Research and Special Programs
Administration (RSPA), is the agency within the DOT that has been
delegated with the responsibility of developing and promulgating
regulatory requirements for the transportation of hazardous materials.
The RSPA has issued regulations which identify, define, describe and
classify hazardous materials. These requirements are codified,
generally, in the Hazardous Materials Regulations (HMR) at 49 CFR Parts
171 through 180. The responsibility for enforcement of certain aspects
of the HMR is delegated to the appropriate modal Administration, and
for highways, this responsibility rests with the FHWA. The FHWA
consistently incorporates hazardous materials terminology,
descriptions, and classifications that are promulgated by the RSPA into
the FMCSR, as appropriate, in order to maintain uniformity between the
requirements of the HMR and the requirements of the FMCSR.
The RSPA published a final rule on December 21, 1990 (55 FR 52402),
entitled Performance-Oriented Packaging Standards; Changes to
Classification, Hazard Communication, Packaging and Handling
Requirements, Based on United Nations' Standards and Agency Initiative.
This rule comprehensively amended the hazardous materials communication
requirements in the HMR, based upon the United Nations' Recommendations
on the Transportation of Dangerous Goods, which are codified at 49 CFR
Part 107 through 180. Descriptions of certain hazardous materials
currently found in Parts 387, 391, 392, and 397 are incompatible with
the RSPA's final rule which incorporated certain aspects of the United
Nations' Recommendations on the Transportation of Dangerous Goods, into
the HMR, now codified at 49 CFR Parts 171-180. Hazardous materials such
as explosives, poison gases, and radioactive materials heretofore have
been classified in the FMCSR using the descriptive language and
regulatory requirements of Parts 171 through 177 of the HMR, that were
in effect prior to the implementation of the United Nations'
Recommendations. Therefore, in order to effectively carry out its
responsibility for enforcement of certain parts of the HMR, the FHWA
has initiated these technical amendments to the FMCSR to provide for
regulatory consistency and uniformity.
Minimum Levels of Financial Responsibility for Motor Carriers, 49
CFR Part 387, was published in the Federal Register on June 11, 1981
(46 FR 30974-30987). This part set forth requirements for motor
carriers transporting non-hazardous property, and/or hazardous
materials or substances, to maintain minimum levels of financial
responsibility. The levels of financial responsibility vary, depending
upon whether the cargo being transported is a non-hazardous material,
or a hazardous material.
Qualifications of drivers, 49 CFR Part 391, was published in the
Federal Register on April 22, 1970 (35 FR 6460). The requirements in
this part establish minimum qualification standards for drivers who
drive motor vehicles as, or for a motor carrier engaged in interstate
commerce. This part includes limited exceptions for drivers who are
otherwise qualified and regularly employed, and were hired before July
1, 1975. A driver is not subject to the requirements of this part if
the driver continues regular employment, is transporting certain
material considered to be hazardous, and transports that hazardous
material in Intra-state commerce.
Driving of Motor Vehicles, 49 CFR Part 392, was published in the
Federal Register on December 25, 1968 (33 FR 19732). Among other
things, this part requires drivers who drive a motor vehicle to stop at
all railroad grade crossings, and to utilize, in lieu of flame
producing devices, emergency reflective triangles or other such
devices, when transporting certain types of hazardous materials.
Transportation of Hazardous Materials; Driving and Parking Rules,
49 CFR Part 397, was published in the Federal Register on March 13,
1971 (36 FR 4876). This part requires motor carriers to have in place
various procedures, policies, and documents during the transportation
of hazardous materials by motor vehicle. Part 397 classified hazardous
materials using the descriptive language and regulatory requirements of
the HMR. These classifications, in place since 1971, included
explosives, flammable liquids, oxidizing materials, and gases.
The FHWA is making appropriate conforming changes to 49 CFR Parts
387, 391, 392, and 397 of the FMCSR, that reference any hazardous
material classification or description, based upon the United Nations'
Recommendations, the RSPA's adoption of changes to the HMR reflective
of these recommendations, and the need for international uniformity of
these regulations. In addition, the FHWA is appropriately making
nomenclature changes in 49 CFR Part 387 of the FMCSR, to indicate that
all references made to the ``Bureau of Motor Carrier Safety'', will now
read, the ``Federal Highway Administration.'' All text references in
Part 387 referencing the ``Bureau'' will read the ``FHWA.''
The Schedule of Limits chart as it appears in section 387.9 is
being amended by removing the ``Note'' directly beneath the chart, and
replacing it with specific gross vehicle weight rating (GVWR)
references within the content of the chart itself. Since first
promulgated, the ``Note'' reference has been confusing. By inserting
specific weight limits into the text of the ``Type of Carriage''
column, the applicability of the financial responsibility requirements
is more understandable. This final rule also removes a second Schedule
of Limits chart, currently in section 387.15, because the information
it contains is duplicative of that in the chart found in Sec. 387.9.
Rulemaking Analyses and Notices
The Administrative Procedure Act (APA), 5 U.S.C. 551 et seq.,
allows agencies engaged in rulemaking to dispense with prior notice and
opportunity for comment when the agency for good cause finds that such
procedures are impracticable, unnecessary, or are contrary to the
public interest. 5 U.S.C. 553(b)(3)(B). As previously discussed, on
December 21, 1990 (55 FR 52402), the RSPA comprehensively revised the
regulatory requirements of the HMR with respect to hazard
communication, classification, and packaging requirements. The
revisions adopted the United Nations' Recommendations on the
Transportation of Dangerous Goods, and were intended to further
international regulatory uniformity. This FHWA final rule changes
terminology and descriptions used in the FMCSR to reflect the changes
made by the RSPA to the HMR. These amendments are technical in nature,
and do not alter any current requirements regarding hazardous
materials. Accordingly, the FHWA has determined that prior notice to
the public on this action is unnecessary.
Moreover, prior notice and opportunity for public comment on this
document are not required under the Department of Transportation's
Regulatory Policies and Procedures because it is not anticipated that
such action will result in the receipt of useful information. This
action promotes uniformity in the regulatory terminology and
descriptions contained in the HMR and the FMCSR.
Executive Order 12866 (Regulatory, Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined that this document does not contain a
significant regulatory action under Executive Order 12866, or a
significant regulation as defined under DOT regulatory policies and
procedures. These amendments are being made without substantive change
to the existing regulatory language of these parts, and are strictly
technical in nature. Provided in the amendments is a listing of the new
hazardous materials classifications and descriptions by their
respective classes and divisions as they pertain to minimum levels of
financial responsibility, qualifications of drivers, driving of motor
vehicles, and driving and parking requirements. 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 rule on small entities.
Based upon the evaluation, and the fact that the changes being made to
current regulatory requirements are merely technical in nature, the
FHWA hereby certifies that this action will not have a significant
economic impact on a substantial number of small entities.
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.
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 action does not have sufficient federalism implications to
warrant the preparation of a federalism assessment.
Paperwork Reduction Act
This 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 purposes of the National
Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., 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 Regulation 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 387, 391, 392, and 397
Hazardous materials transportation, Highways and roads, Financial
responsibility, Insurance, Motor carriers.
Issued on: November 30, 1994.
Rodney E. Slater,
Federal Highway Administrator.
In consideration of the foregoing, the FHWA is amending title 49,
Code of Federal Regulations, Chapter III, Subchapter B, parts 387, 391,
392, and 397 as follows:
PART 387--[AMENDED]
1. The authority citation for part 387 continues to read as
follows:
Authority: 49 U.S.C. 10927 note; 49 CFR 1.48.
2. Section 387.3 is amended by revising paragraph (c) to read as
follows:
Sec. 387.3 Applicability.
* * * * *
(c) Exception. (1) The rules in this part do not apply to a motor
vehicle that has a gross vehicle weight rating (GVWR) of less than
10,000 pounds. This exception does not apply if the vehicle is used to
transport any quantity of a Division 1.1, 1.2, or 1.3 material, any
quantity of a Division 2.3, Hazard Zone A, or Division 6.1, Packing
Group I, Hazard Zone A, or to a highway route controlled quantity of a
Class 7 material as it is defined in 49 CFR 173.403, in interstate or
foreign commerce.
(2) The rules in this part do not apply to the transportation of
non-bulk oil, non-bulk hazardous materials, substances, or wastes in
intrastate commerce, except that the rules in this part do apply to the
transportation of a highway route controlled quantity of a Class 7
material as defined in 49 CFR 173.403, in intrastate commerce.
3. In Sec. 387.5, the definition of In bulk is revised, the
definitions of In bulk (Class A and B explosives) and In bulk (poison
gas) are removed, and the definitions of In bulk (Division 1.1, 1.2,
and 1.3 explosives) and In bulk (Division 2.3, Hazard Zone A or
Division 6.1, Packing Group I, Hazard Zone A materials) are added in
alphabetical order to read as follows:
Sec. 387.5 Definitions.
* * * * *
In bulk--the transportation, as cargo, of property, except Division
1.1, 1.2, or 1.3 materials, and Division 2.3, Hazard Zone A gases, in
containment systems with capacities in excess of 3500 water gallons.
In bulk (Division 1.1, 1.2, and 1.3 explosives)--the
transportation, as cargo, of any Division 1.1, 1.2, or 1.3 materials in
any quantity.
In bulk (Division 2.3, Hazard Zone A or Division 6.1, Packing Group
I, Hazard Zone A materials)--the transportation, as cargo, of any
Division 2.3, Hazard Zone A, or Division 6.1, packing Group I, Hazard
Zone A material, in any quantity.
* * * * *
4. Paragraph (d)(3) of Sec. 387.7 is revised to read as follows:
Sec. 387.7 Financial responsibility required.
* * * * *
(d) * * *
(3) A written decision, order, or authorization of the Interstate
Commerce Commission authorizing a motor carrier to self-insure under
Sec. 1043.5 of this title, provided the motor carrier maintains a
satisfactory safety rating as determined by the Federal Highway
Administration under part 385 of this title.
* * * * *
5. Section 387.9 is revised to read as follows:
Sec. 387.9 Financial responsibility, minimum levels.
The minimum levels of financial responsibility referred to in
Sec. 387.7 of this subpart are hereby prescribed as follows:
Schedule of Limits--Public Liability
----------------------------------------------------------------------------------------------------------------
Type of carriage Commodity transported Jan. 1, 1985
----------------------------------------------------------------------------------------------------------------
(1) For-hire (In interstate or Property (nonhazardous).................................. $750,000
foreign commerce, with a gross
vehicle weight rating of 10,000 or
more pounds).
(2) For-hire and Private (In Hazardous substances, as defined in 49 CFR 171.8, 5,000,000
interstate, foreign, or intrastate transported in cargo tanks, portable tanks, or hopper-
commerce, with a gross vehicle type vehicles with capacities in excess of 3,500 water
weight rating of 10,000 or more gallons; or in bulk Division 1.1, 1.2, and 1.3
pounds). materials, Division 2.3, Hazard Zone A, or Division 6.1,
Packing Group I, Hazard Zone A material; in bulk
Division 2.1 or 2.2; or highway route controlled
quantities of a Class 7 material, as defined in 49 CFR
173.403.
(3) For-hire and Private (In Oil listed in 49 CFR 172.101; hazardous waste, hazardous 1,000,000
interstate or foreign commerce, in materials, and hazardous substances defined in 49 CFR
any quantity; or in intrastate 171.8 and listed in 49 CFR 172.101, but not mentioned in
commerce, in bulk only; with a gross (2) above or (4) below.
vehicle weight rating of 10,000 or
more pounds).
(4) For-hire and Private (In Any quantity of Division 1.1, 1.2, or 1.3 material; any 5,000,000
interstate or foreign commerce, with quantity of a Division 2.3, Hazard Zone A, or Division
a gross vehicle weight rating of 6.1, Packing Group I, Hazard Zone A material; or highway
less than 10,000 pounds). route controlled quantities of a Class 7 material as
defined in 49 CFR 173.403.
----------------------------------------------------------------------------------------------------------------
6. In Sec. 387.15, Illustration I, the second full paragraph under
the heading ``Authorized Company Representative'' and the first
paragraph following the definition of ``Public Liability'' are revised.
The paragraph beginning ``The Motor Carrier Act of 1980 * * *'', and
the paragraph beginning ``THE SCHEDULE OF LIMITS SHOWN * * *'', as well
as the Schedule chart itself are removed. In Illustration II, paragraph
(2) under the heading ``Governing Provisions'' and the fifth paragraph
under the heading ``Conditions'' are revised to read as follows:
Sec. 387.15 Forms.
* * * * *
Illustration I
* * * * *
Authorized Company Representative
* * * * *
Whenever required by the FHWA or the ICC the company agrees to
furnish the FHWA or the ICC a duplicate of said policy and all its
endorsements. The company also agrees, upon telephone request by an
authorized representative of the FHWA or the ICC, to verify that the
policy is in force as of a particular date. The telephone number to
call is: ____________
* * * * *
Definitions as Used in This Endorsement
* * * * *
The insurance policy to which this endorsement is attached
provides automobile liability insurance and is amended to assure
compliance by the insured, within the limits stated herein, as a
motor carrier of property, with sections 29 and 30 of the Motor
Carrier Act of 1980 and the rules and regulations of the Federal
Highway Administration and the Interstate Commerce Commission (ICC).
* * * * *
Illustration II
* * * * *
Governing Provisions
* * * * *
(2) Rules and regulations of the Federal Highway Administration.
* * * * *
Conditions
* * * * *
The surety agrees, upon telephone request by an authorized
representative of the FHWA or the ICC, to verify that the surety
bond is in force as of a particular date. The telephone number is:
____________
* * * * *
7. Section 387.17 is revised to read as follows:
Sec. 387.17 Violation and penalty.
Any person (except an employee who acts without knowledge) who
knowingly violates the rules of this subpart shall be liable to the
United States for civil penalty of no more than $10,000 for each
violation, and if any such violation is a continuing one, each day of
violation will constitute a separate offense. The amount of any such
penalty shall be assessed by the FHWA's Associate Administrator for the
Office of Motor Carriers, by written notice. In determining the amount
of such penalty, the Associate Administrator, or his/her authorized
delegate shall take into account the nature, circumstances, extent, the
gravity of the violation committed and, with respect to the person
found to have committed such violation, the degree of culpability, any
history of prior offenses, ability to pay, effect on ability to
continue to do business, and such other matters as justice may require.
PART 391--[AMENDED]
8. The authority 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.
9. The section heading and paragraphs (a)(1) and (b)(3) of
Sec. 391.71 are revised to read as follows:
Sec. 391.71 Intrastate drivers of vehicles transporting Class 3
combustible liquids.
(a) * * *
(1) Is transporting Class 3 combustible liquids (as defined in
Sec. 173.120 of this title), and
* * * * *
(b) * * *
(3) Is transporting a Class 3 combustible liquid (as defined in
Sec. 173.120 of this title), and
* * * * *
PART 392--[AMENDED]
10. The authority for Part 392 is revised to read as follows:
Authority: 49 U.S.C. 31136, 31502; 49 U.S.C. 1.48.
10a. In Sec. 392.10, paragraphs (a)(2) through (a)(5), and
paragraph (b)(1) are revised to read as follows:
Sec. 392.10 Railroad grade crossings; stopping required.
(a) * * *
(2) Every motor vehicle transporting any quantity of a Division 2.3
chlorine.
(3) Every motor vehicle which, in accordance with the regulations
of the Department of Transportation, is required to be marked or
placarded with one of the following classifications:
(i) Division 1.1
(ii) Division 1.2, or Division 1.3
(iii) Division 2.3 Poison gas
(iv) Division 4.3
(v) Class 7
(vi) Class 3 Flammable
(vii) Division 5.1
(viii) Division 2.2
(ix) Division 2.3 Chlorine
(x) Division 6.1 Poison
(xi) Division 2.2 Oxygen
(xii) Division 2.1
(xiii) Class 3 Combustible liquid
(xiv) Division 4.1
(xv) Division 5.1
(xvi) Division 5.2
(xvii) Class 8
(xviii) Division 1.4
(4) Every cargo tank motor vehicle, whether loaded or empty, used
for the transportation of any hazardous material as defined in the
Hazardous Materials Regulations of the Department of Transportation,
Parts 107 through 180 of this title.
(5) Every cargo tank motor vehicle transporting a commodity which
at the time of loading has a temperature above its flashpoint as
determined by Sec. 173.120 of this title.
* * * * *
(b) * * *
(1) A streetcar crossing, or railroad tracks used exclusively for
industrial switching purposes, within a business district, as defined
in Sec. 390.5 of this chapter.
* * * * *
11. Section 392.25 is revised to read as follows:
Sec. 392.25 Emergency signals; dangerous cargoes.
No driver shall use or permit the use of any flame-producing
emergency signal for protecting any motor vehicle transporting Division
1.1, Division 1.2, or Division 1.3 explosives; any cargo tank motor
vehicle used for the transportation of any Class 3 or Division 2.1,
whether loaded or empty; or any motor vehicle using compressed gas as a
motor fuel. In lieu thereof, emergency reflective triangles, red
electric lanterns, or red emergency reflectors shall be used, the
placement of which shall be in the same manner as prescribed in
Sec. 392.22(b).
PART 397--[AMENDED]
12. The authority citation for part 397 is revised to read as
follows:
Authority: 49 U.S.C. 5101 et seq.; 49 CFR 1.48.
13. Section 397.5 is revised to read as follows:
Sec. 397.5 Attendance and surveillance of motor vehicles.
(a) Except as provided in paragraph (b) of this section, a motor
vehicle which contains a Division 1.1, 1.2, or 1.3 (explosive) material
must be attended at all times by its driver or a qualified
representative of the motor carrier that operates it.
(b) The rules in paragraph (a) of this section do not apply to a
motor vehicle which contains Division 1.1, 1.2, or 1.3 material if all
the following conditions exist--
(1) The vehicle is located on the property of a motor carrier, on
the property of a shipper or consignee of the explosives, in a safe
haven, or, in the case of a vehicle containing 50 pounds or less of a
Division 1.1, 1.2, or 1.3 material, on a construction or survey site;
and
(2) The lawful bailee of the explosives is aware of the nature of
the explosives the vehicle contains and has been instructed in the
procedures which must be followed in emergencies; and
(3) The vehicle is within the bailee's unobstructed field of view
or is located in a safe haven.
(c) A motor vehicle which contains hazardous materials other than
Division 1.1, 1.2, or 1.3, materials, and which is located on a public
street or highway, or the shoulder of a public highway, must be
attended by its driver. However, the vehicle need not be attended while
its driver is performing duties which are incident and necessary to the
driver's duties as the operator of the vehicle.
(d) For purposes of this section--
(1) A motor vehicle is attended when the person in charge of the
vehicle is on the vehicle, awake, and not in a sleeper berth, or is
within 100 feet of the vehicle and has it within his/her unobstructed
field of view.
(2) A qualified representative of a motor carrier is a person who--
(i) Has been designated by the carrier to attend the vehicle;
(ii) Is aware of the nature of the hazardous materials contained in
the vehicle he/she attends;
(iii) Has been instructed in the procedures he/she must follow in
emergencies; and
(iv) Is authorized to move the vehicle and has the means and
ability to do so.
(3) A safe haven in an area specifically approved in writing by
local, State, or Federal governmental authorities for the parking of
unattended vehicles containing Division 1.1, 1.2, or 1.3 materials.
(e) The rules in this section do not relieve the driver from any
obligation imposed by law relating to the placing of warning devices
when a motor vehicle is stopped on a public street or highway.
14. Section 397.7 is revised to read as follows:
Sec. 397.7 Parking.
(a) A motor vehicle which contains Division 1.1, 1.2, or 1.3
materials must not be parked under any of the following circumstances--
(1) On or within 5 feet of the traveled portion of a public street
or highway;
(2) On private property (including premises of fueling or eating
facility) without the knowledge and consent of the person who is in
charge of the property and who is aware of the nature of the hazardous
materials the vehicle contains; or
(3) Within 300 feet of a bridge, tunnel, dwelling, or place where
people work, congregate, or assemble, except for brief periods when the
necessities of operation require the vehicle to be parked and make it
impracticable to park the vehicle in any other place.
(b) A motor vehicle which contains hazardous materials other than
Division 1.1, 1.2, or 1.3 materials must not be parked on or within
five feet of the traveled portion of public street or highway except
for brief periods when the necessities of operation require the vehicle
to be parked and make it impracticable to park the vehicle in any other
place.
15. Section 397.13 is revised to read as follows:
Sec. 397.13 Smoking.
No person may smoke or carry a lighted cigarette, cigar, or pipe on
or within 25 feet of--
(a) A motor vehicle which contains Class 1 materials, Class 5
materials, or flammable materials classified as Division 2.1, Class 3,
Divisions 4.1 and 4.2; or
(b) An empty tank motor vehicle which has been used to transport
Class 3, flammable materials, or Division 2.1 flammable gases, which
when so used, was required to be marked or placarded in accordance with
the rules in Sec. 177.823 of this title.
16. Section 397.19 is revised to read as follows:
Sec. 397.19 Instructions and documents.
(a) A motor carrier that transports Division 1.1, 1.2, or 1.3
(explosive) materials must furnish the driver of each motor vehicle in
which the explosives are transported with the following documents:
(1) A copy of the rules in this part;
(2) [Reserved]
(3) A document containing instructions on procedures to be followed
in the event of accident or delay. The documents must include the names
and telephone numbers of persons (including representatives of carriers
or shippers) to be contracted, the nature of the explosives being
transported, and the precautions to be taken in emergencies such as
fires, accidents, or leakages.
(b) A driver who receives documents in accordance with paragraph
(a) of this section must sign a receipt for them. The carrier shall
retain the receipt in its files for 1 year at its principal place of
business.
(c) A driver of a motor vehicle which contains Division 1.1, 1.2,
or 1.3 materials must be in possession of, be familiar with, and be in
compliance with
(1) The documents specified in paragraph (a) of this section;
(2) The documents specified in Sec. 177.817 of this title; and
(3) The written route plan specified in Sec. 397.67.
[FR Doc. 94-30111 Filed 12-9-94; 8:45 am]
BILLING CODE 4910-22-P