[Federal Register Volume 61, Number 168 (Wednesday, August 28, 1996)]
[Notices]
[Pages 44385-44391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21928]
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DEPARTMENT OF TRANSPORTATION
[Docket Number MC-96-40]
Motor Carrier Regulatory Relief and Safety Demonstration Project
AGENCY: Federal Highway Administration, DOT.
ACTION: Notice; request for comments.
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SUMMARY: With this notice, the Federal Highway Administration (FHWA) is
proposing to implement a motor carrier regulatory relief and safety
demonstration project, as mandated by Congress in section 344 of the
National Highway System Designation Act of 1995 (NHS Act). The FHWA is
utilizing this project as a means of furthering the objectives of the
President's Regulatory Reinvention Initiative. Through this project,
motor carriers operating commercial motor vehicles (CMVs) with a gross
vehicle weight rating (GVWR) between 10,001 and 26,000 pounds in
interstate commerce may qualify for exemptions from the Federal Motor
Carrier Safety Regulations (FMCSRs) if they exhibit exemplary safety
records. Motor carriers participating in this Project would have the
opportunity to demonstrate that they can maintain or improve their
safety records when they are given greater latitude to select the means
by which their safety performance is attained. The FHWA seeks the
comments of all interested parties, especially comments aimed at
[[Page 44386]]
aiding the FHWA in designing this project so that it advances safety to
the highest degree possible. A Notice of Final Determination will be
published as soon as the comments on this Project which are received in
a timely manner can be reviewed and carefully considered.
DATES: Written comments on this Project must be received on or before
September 27, 1996. Written comments on the information collection
requirements of this Project must be received on or before October 28,
1996.
ADDRESSES: Submit written, signed comments to FHWA Docket No. MC-96-40,
Room 4232, HCC-10, Office of the Chief Counsel, Federal Highway
Administration, 400 Seventh Street, SW., Washington, D.C. 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 Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, Jr., Office of
Motor Carrier Research and Standards, (202) 366-4009, or Ms. Grace
Reidy, Office of the Chief Counsel, (202) 366-0834, Federal Highway
Administration, DOT, 400 Seventh Street, SW., Washington, D.C. 20590.
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION: On November 28, 1995, the President signed
the NHS Act (Pub. L. 104-59, 109 Stat. 568 (1995)). Section 344 of the
NHS Act requires the FHWA to implement a pilot program under which
motor carriers operating CMVs with a GVWR between 10,001 and 26,000
pounds in interstate commerce could qualify for exemptions from the
FMCSRs (49 CFR Part 325 et seq.). In accordance with the NHS Act,
notice is hereby given that the FHWA is proposing the Motor Carrier
Regulatory Relief and Safety Demonstration Project. The purpose of the
comment period is to provide the public with the opportunity to assist
the FHWA in designing the Project. The details of the Project which
follow are proposed details; the FHWA is seeking all points of view
before defining the final parameters of the Project. The FHWA will
carefully scrutinize all timely suggestions and weigh carefully the
facts upon which they are based.
The FHWA proposes that in order to participate in the Project, a
motor carrier would have to meet the criteria for admission developed
by the Secretary and outlined later in this notice. Motor carriers
seeking to participate would also be required to develop a written
Safety Control Plan for the Project. This plan would outline the
measures which the motor carrier will undertake to ensure that the
current level of safety is not compromised by the operation of the
exemptions. The motor carrier would also enter into a written Agreement
of Participation with the Administrator of the FHWA in which it agrees
to abide by its Safety Control Plan and to work with the FHWA in
generating and monitoring certain Project data. The FHWA would grant,
for the term of the Project only, an exemption to the motor carrier
from certain requirements of the current FMCSRs, but such exemption
would apply only to the eligible CMVs and drivers designated in the
motor carrier's application. The FHWA would evaluate the Project data
throughout the Project, with particular focus upon the significance of
the data with regard to FHWA's regulatory reinvention and zero-base
initiatives. In addition, at the conclusion of the Project, the FHWA,
in accordance with the NHS Act, will use this data to conduct a zero-
base review of the need for, and the costs and benefits of, all the
FMCSRs.
The proposed requirements for participation in the Project would
include several information collection requirements which must be
approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Generally, OMB
has 60 days to review proposed collections of information. However,
since Congress mandated that this Project begin no later than August
23, 1996, the FHWA will request that OMB authorize emergency processing
of FHWA's submission of these information collection requirements as
provided for in OMB's regulations implementing the Paperwork Reduction
Act. The OMB regulation regarding emergency processing provides, in
part, that an agency may request expedited processing if use of normal
procedures is reasonably likely to cause a statutory deadline to be
missed. 5 CFR 1320.13(a)(2)(iii). The FHWA will request that OMB
approve this request within 20 days.
Analysis of Project data will occur throughout the Project, and
only at such time as that analysis is complete will the FHWA be in a
position to consider other performance-based initiatives in this area.
Given the Project parameters, the FHWA believes that three years of
continuous, sustained motor carrier operations is the minimum amount of
time necessary to draw conclusions about operational safety. In view of
the customary level of activity for a motor carrier, the FHWA, after
three years, should be able to assert, with reasonable certainty, that
the data accumulated with respect to the activity of the class of motor
carriers in this Project is representative of future behavior.
Table of Contents
I. The New Era at FHWA
II. Proposed Exemptions of the Project
III. Criteria For Admission to the Project
IV. The Agreement
V. Coordination with the States
VI. Disqualification
VII. The Final Evaluation
VIII. Paperwork Reduction Act of 1995
IX. Conclusion
I. The New Era at FHWA
The FHWA is entering a new era of highway safety. The President's
initiatives in reinventing government and regulatory reform have
challenged the FHWA to re-examine the way in which it operates.
Internally, the FHWA has begun to orient its systems more toward
performance-based standards and to reward its employees who set and
attain performance goals. Externally, the FHWA is approaching its duty
to advance the safety of the public, and particularly the motor carrier
industry, in a new manner. We are de-emphasizing prescriptive, ``red
tape'' requirements, and focusing upon allowing the motor carrier
industry a greater role in promoting highway safety. In particular, the
new era at FHWA is characterized by:
Greater FHWA Emphasis upon Safety Performance, and Less Emphasis
Upon the Specific Procedures Employed to Achieve Safety. In order to
improve highway safety, the FHWA is focusing more upon the results
of the operational controls of motor carriers, and less upon the
specific design of those controls. To monitor the safety of motor
carriers, the FHWA is increasingly utilizing ``performance-based''
systems; that is, systems which employ performance standards to
measure safety. This approach provides the motor carrier greater
flexibility to conduct its business in the manner which best meets
its organizational and operational needs. Rather than sacrificing
operational efficiency in order to conform its procedures to
specific regulatory requirements, the motor carrier is better able
to capitalize upon opportunities to exercise creativity in
developing those countermeasures which work best for it. In turn,
the economic vitality of the motor carrier industry is promoted.
Greater Reliance upon our Partners. In this environment, the
FHWA relies increasingly upon its partners in the motor carrier
industry to share the burden of promoting safety. The States are
assuming greater responsibility for ensuring compliance by
interstate motor carriers with the FMCSRs, and this Project will
provide the FHWA with further opportunities to work with State
enforcement officials in developing new approaches to improving
highway safety. In addition, motor carriers are recognizing that,
hand-in-hand with the increased opportunities presented by the
greater emphasis upon performance, comes an
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increased responsibility on their part for safety. As long as a
motor carrier demonstrates by its safety performance that it
recognizes this responsibility, it will experience less operational
oversight from the FHWA. This enables the FHWA to focus more of its
limited resources upon those carriers, and drivers, who adversely
affect highway safety.
Greater Reliance Upon Technology to Achieve Safety. The FHWA is
encouraging greater implementation of technology as a tool in the
effort to improve motor carrier safety. One benefit of the greater
flexibility of the new environment will be that motor carriers will
be better able to explore ``high tech'' solutions to operational
safety.
The FHWA recently sought information from the motor carrier
community with regard to advanced driver, vehicle, and inspection
technology in CMV operations (Notice and Request For Information, 60
FR 46682, Sep. 7, 1995). Eight responses were received to this
Notice--three from private industry, three from trade associations,
and two from state or local agencies. None of them brought to light
any significant developments on these topics. However, technology
progresses rapidly, and the FHWA wishes to capitalize on every
opportunity to explore new ways in which technology can ease the
burden on all parties. Is there a greater role which technology
could play in addressing the needs of this Project?
Greater Emphasis Upon Regulatory Reinvention and ``Zero-Base''
Reform. The FHWA is currently at the halfway point of the multi-year
``Zero-Base Regulatory Review Program.'' This program is redesigning
the FMCSRs into a performance-based ``Rulebook of the Future.'' The
new design is evolving from a close examination of each FMCSR from
the ground up, or ``zero-base.'' This examination will ensure that
each requirement of our regulations is either supported by sound
data, or represents the best professional judgment possible. The NHS
Act directs the FHWA to conduct a zero-base review at the conclusion
of the Project. This review, drawing upon the various zero-base
resources of the FHWA, will examine the need for, as well as the
cost and benefits of, each provision of the FMCSRs, as applied to
this class of motor carriers.
For purposes of this Project, the new era at the FHWA means that
participants in the Project will be able to exercise a high degree of
innovation, consistent with highway safety, in designing and
implementing their safety controls. Motor carriers will also be
challenged to demonstrate that they can fulfill their responsibility
for safety when regulatory relief is granted.
II. Proposed Exemptions of the Project
In accordance with the NHS Act, interstate motor carriers
participating in the Project will be exempt from certain sections of
the FMCSRs. The FHWA proposes the regulations described below as the
particular FMCSRs from which motor carriers participating in the
Project would be exempt. All motor carriers participating in the
Project would be exempt from the same regulations. Applicant motor
carriers would not be authorized to pick and choose the regulations
from which they would be exempt. In this way, all motor carriers in the
Project would be operating under the same conditions. The FHWA believes
that any weakening of this uniformity would compromise the Project data
and impair the evaluation phase of the Project.
In selecting specific FMCSRs to propose for exemption, the FHWA
believes that relief from those regulations related to the physical
requirements of drivers, the parts and accessories necessary for safe
operation, and the number of hours which drivers may operate CMVs would
not be in the public interest. The regulations which are proposed for
exemption are those whose purposes could easily be served by the safety
control plans to be developed by participating motor carriers and
monitored by the FHWA.
The FHWA proposes that Project motor carriers would be exempt from
the following regulations:
Driver Qualifications
The FHWA proposes that newly-hired drivers would not be required to
prepare, or furnish to the employing motor carrier, a list of
violations of motor vehicle laws, or a certificate in lieu thereof.
Drivers would also not be required to successfully complete a Driver's
Road Test, or furnish an Application For Employment. 49 CFR
391.11(b)(8), 391.11(b)(10), and 391.11(b)(11). In addition, motor
carriers would not have to maintain ``Driver Qualification Files'' on
each driver in accordance with 49 CFR Sec. 391.51. Driver Hours Of
Service
The FHWA proposes that Project drivers would not be required to
comply with record of duty status provisions, whether this entails
maintenance of a logbook in accordance with 49 CFR 395.8, use of a
timecard in accordance with 49 CFR 395.1(e), or the use of an automatic
on-board recording device in accordance with 49 CFR 395.15. However,
Project motor carriers and drivers would have to continue to observe
the provisions governing maximum driving time, and the use of ill or
fatigued operators. 49 CFR 395.3 and 392.3. Project motor carriers, and
their drivers, would not forfeit any other exemptions currently
available under FHWA regulations.
CMV Inspections
While participating in the Project, motor carriers would be exempt
from the requirements pertaining to CMV inspection records and their
retention. In addition, exemption would be granted from the
requirements pertaining to driver vehicle inspection reports and the
driver vehicle inspection. 49 CFR 396.3 (b) and (c), 396.11, and 396.13
(b) and (c). Finally, the FHWA proposes that driveaway-towaway
inspections would not be required, nor would the periodic inspection
and the periodic inspection report. 49 CFR 396.15, 396.17 and 396.21.
Accident Information
The FHWA proposes to exempt Project motor carriers from the
requirement that they maintain an accident register in accordance with
49 CFR 390.15 (b)(1) and (b)(2). This exemption would allow motor
carriers to maintain their records during the Project in the manner
which they deem best.
The FHWA seeks public comment on whether these exemptions are
appropriate and whether other regulations ought to be included. We ask
that you consider which of the current FMCSRs most readily lend
themselves to exemption. That is, which are most amenable to being
replaced by a standard or standards based upon performance? The NHS Act
requires the FHWA to ensure that the Project is designed to achieve a
level of operational safety ``equal to or greater than'' that under the
current requirements of the FMCSRs. In considering additional
exemptions under this Project, the FHWA will carefully weigh whether
adequate safety measures exist to ensure that the exemptions do not
cause a decline in motor carrier safety.
III. Criteria for Administration to the Project
In selecting the criteria which motor carriers must satisfy to be
admitted to this Project, the FHWA will be guided by the principles of
the new era at FHWA. The FHWA proposes the following criteria for
admission because the agency believes they will advance the development
of an environment which rewards results and fosters technology-based
applications. At the same time, this Project will generate data which
will assist the agency's zero-base initiatives.
The criteria for admission to the Project which the FHWA proposes
(numbered 1 through 7) follow:
1. A motor carrier would be eligible for the project if:
(a) It operates in interstate commerce, and
(b) Its operations include CMVs having a GVWR between 10,001 and
26,000 pounds.
Specifically excluded are CMVs designed to transport more than 15
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passengers (including the driver), and CMVs used in transporting
hazardous materials in placardable quantities, as defined in
regulations issued by the Secretary of Transportation under the
Hazardous Materials Transportation Act (49 U.S.C. 5101, et seq.). These
requirements are dictated by the NHS Act.
2. The FHWA intends that this Project include only motor
carriers and drivers with exemplary safety records. To serve that
end, the FHWA proposes that a motor carrier would be eligible for
the Project only if:
(a) It does not have a current Safety Rating of Unsatisfactory,
AND
(b) Its police reported accident rate is no more than 1.6 per
million vehicle miles traveled for the most recent 36 month period.
An applicant motor carrier would have to satisfy BOTH of these
criteria to be eligible to participate in the Project. The FHWA would
exclude those motor carriers which have a Safety Rating of
Unsatisfactory from participating in the program. Those which have a
rating of Satisfactory, or Conditional, or have no rating, would be
eligible for the Project only if they also satisfy the accident rate
criterion.
Although the FHWA is entering a new era of performance-based
regulation, it must continue to ensure that the motor carrier industry
is operating safely on our nation's highways. As proposed, this Project
would allow us to examine the question: Does the safety performance of
motor carriers with exemplary safety histories change when they are
permitted to operate exempt from certain FMCSRs? The exclusion of
interstate motor carriers with either Unsatisfactory Safety Ratings or
poor accident rates permits the FHWA to explore the role of such
exemptions while ensuring the safety of CMVs operations.
Participation would be limited to those motor carriers which have
exemplary safety histories. An example of an exemplary history would be
that of a motor carrier with an accident rate equal to or better than
that of the top 25% of all motor carriers. The FHWA estimates this
accident rate to be 1.6, or fewer, crashes per 1,000,000 miles of
travel, based on analysis of the nationwide police reported crash
experience of the types of vehicles that are expected to participate in
this Project, and the FHWA's estimates of the miles traveled annually
by such vehicles.
This suggested crash rate is more particularly derived from the
most recent three years of information for straight trucks included in
the General Estimates System (GES) of the National Highway Traffic
Safety Administration, and from mileage statistics found in the FHWA's
1994 Highway Statistics, Publication No. FHWA-PL-95-042. The FHWA
employed data on straight trucks from the GES to ensure that all types
of police reported crashes were taken into consideration. The FHWA
believes that in order to definitively pinpoint those motor carriers
with exemplary safety histories, all types of crashes, not just those
which may be defined as preventable or recordable, must be taken into
account. In addition, this approach nearly doubles the number of
crashes available for consideration.
The FHWA believes that many of the motor carriers which will
volunteer for the Project will have operations in urban areas. Using a
measure of 1.6 police reported crashes per million miles of travel is
consistent with the methods which the FHWA employs to determine the
Safety Rating of motor carriers with urban operations. When combined
with the exclusion of those motor carriers with an Unsatisfactory
Safety Rating, participation in the Project is effectively limited to
motor carriers with exemplary safety histories.
The FHWA seeks public comment on these proposed criteria. Is a
crash rate of no more than 1.6 crashes per 1,000,000 miles of travel a
prudent requirement in view of the need to limit participation to those
motor carriers with exemplary safety histories? Are there other tenable
approaches, and if so, what is the rationale behind them?
3. Project motor carriers will submit the name, driver's license
number, and date of employment for each of its drivers whom it
proposes for participation in the Project. The FHWA proposes that a
driver would not be eligible for the Project if:
(a) He or she operates, AT ANY TIME, CMVs other than those which
have a GVWR between 10,001 and 26,000 pounds, inclusive,
OR if
(b) He or she has been convicted, in the past three years, of:
(i) an offense that directly arose out of a fatal traffic
accident;
(ii) Driving a CMV while under the influence of alcohol. This
shall include:
(A) Driving a CMV while the person's alcohol concentration is
0.04 percent or more;
(B) Driving under the influence of alcohol, as prescribed by
State law;
(C) Refusal to undergo such testing for alcohol or controlled
substances required by any State or jurisdiction;
(iii) Driving a CMV while under the influence of a controlled
substance;
(iv) Leaving the scene of an accident involving a CMV; and
(v) A felony involving the use of a CMV, including use of a CMV
in the commission of a felony involving manufacturing, distributing,
or dispensing a controlled substance.
The FHWA proposes that a motor carrier applicant would certify that
its Project drivers operate eligible CMVs exclusively. We believe that
drivers who cross over, and operate, for example, CMVs in excess of
26,000 pounds GVWR (whether for the same employer or a different one),
create difficulties in analyzing the results of the Project. At the
conclusion of this Project, we wish to provide an analysis of the
Project's effect upon the operation of CMVs in the 10,001 to 26,000
pounds GVWR range. By excluding drivers who cross over to operate other
CMVs, we would ensure that the Project data would not be compromised by
the driving experience developed while operating other kinds of
vehicles.
In addition, the FHWA proposes that each motor carrier would submit
the names of the drivers whom it wishes to place in the Project. The
motor carrier would also provide the driver's license numbers, and the
dates on which each driver's employment with the motor carrier began.
Owner-operators would be eligible to volunteer to participate in the
Project if they satisfy all entrance criteria.
The FHWA believes that the exclusion of drivers who have these
types of convictions, in the past three years, is consistent with
Criterion 2 which confines the Project to the safest motor carriers.
The Project must be consistent in limiting its findings to a finite
class engaged in specific activities; unnecessary ambiguity in the
classifications employed in this Project will limit the reliability of
the findings and recommendations of the Project.
The FHWA would like to know if there are other means of limiting
this Project to exemplary drivers and would welcome any ideas which the
public may have on how these issues could be handled in a different
manner. In responding to this request, please explain the rationale
supporting your suggestions.
4. Project motor carriers would be required to submit ALL
eligible drivers and ALL eligible motor vehicles for participation
in the Project.
The FHWA was directed by Congress, in the NHS Act, to ensure that
the participants represent a broad cross-section of fleet size and
drivers. See Public Law No. 104-59, 344(2)(E)(i), 109 Stat. at 611
(codified at 49 U.S.C. 31136(e)(2)(E)(i)(1996)). The FHWA believes that
if motor carriers are permitted to submit less than all of their
eligible drivers, or vehicles, to the Project, the findings or
conclusions of the Project relative to their performance during the
Project will be subject to questions about why these particular
drivers, or vehicles, were selected. The proposed approach allows the
FHWA to
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analyze all of a motor carrier's Project vehicles and drivers instead
of a select portion of them.
The FHWA is mindful of the fact that some motor carriers with
larger operations may desire to volunteer a particular terminal, or a
particular geographic region, or state, for this Project. The FHWA
anticipates no difficulty in affording motor carriers flexibility with
this form of selection for participation; however, the FHWA will
carefully scrutinize any suggested subunits to be certain that they
advance the Congressional mandate, particularly the requirement that
this Project examine a broad cross-section of the motor carrier
industry. Any ideas which the public may have on how this issue could
be handled in a different manner would be welcome. The rationale which
supports such a suggestion should be explained.
5. Project motor carriers would have to be active on a year-
round basis.
The FHWA further proposes that each interstate motor carrier
applying for participation in the Project would have to certify that it
is actively engaged in interstate commerce at all times of the year.
Thus seasonal motor carriers would be excluded. The FHWA proposes
to collect Project data for a relatively short period of time (three
years). Consequently, we believe that a Project motor carrier must
generate a regular flow of Project data on a year-round basis in order
to provide the FHWA with a true picture of the effect of the Project
exemptions upon the motor carrier's operational safety. The FHWA
believes that it should avoid issues which cloud the evaluation of this
Project, such as what weight to give to the spotless accident record of
a motor carrier which only operates for three months of the year, vis-
a-vis the spotless record of a year-round motor carrier. The FHWA
believes that it must have a consistent pattern of motor carrier
activity in order to reach sound conclusions regarding the Project.
This pattern is customarily absent from the profile of the seasonal
motor carrier. The agency invites public comment on this proposed
criterion and on whether or not the misgivings of the FHWA are well-
founded. The FHWA would also appreciate suggestions regarding other
methods the agency could employ to deal with the problems which
seasonal motor carriers present.
6. Project motor carriers would be required to have vehicle
maintenance records which reflect the systematic inspection, repair,
and replacement of all Project CMVs.
The FHWA proposes this criterion as a means of monitoring and
selectively evaluating the performance of Project motor carriers in
maintaining their CMVs in safe operating condition. The FHWA believes
that these records are indicative of the importance which the motor
carrier assigns to its vehicle maintenance activities. Project motor
carriers would have to certify that they have maintained these records
for the 12 months immediately preceding entry into the Project. This
data would serve as the benchmark for comparison to data generated
during the Project. Consequently, the Project motor carrier would also
have to agree to maintain these records on a continuing basis
throughout the Project.
Please provide comments regarding this criterion. Are there better
methods of measuring the particulars of fleet maintenance? Please
explain the rationale underlying your suggestion.
7. Project motor carriers would be required to develop a safety
control plan (SCP).
The FHWA proposes that all Project participants would develop a
Safety Control Plan prior to admission to the Project. Under the NHS
Act, an applicant to the Project must agree to implement such safety
management controls as are necessary to carry out the objectives of the
Project, while at the same time achieving a level of operational safety
equal to or greater than that resulting from compliance with the
regulations. See Public Law 104-59, section 344(2) (A) and (B), 109
Stat. at 610-11 (codified at 49 U.S.C. 31136(e)(2) (A) and (B) (1996)).
After the FHWA reviews the timely comments to this Notice, it will
publish a Notice of Final Determination finalizing all aspects of this
Project. Only at that time will motor carriers be able to examine the
final Project admission criteria and the regulations from which the
FHWA proposes to grant exemption under this Project. From this
information, motor carriers will be able to develop their Safety
Control Plan (SCP) and application for admission to the Project.
Until the Notice of Final Determination is issued, specific
criteria for the SCP are unavailable. However, we propose that, in
general, the SCP would provide the answers to the following questions:
During the Project, how will the motor carrier applicant ensure:
That Project drivers are qualified to operate commercial motor
vehicles,
That Project vehicles are in safe operating condition,
That Project drivers are complying with the maximum hours of
service requirements of the FMCSRs, and
That it will receive a timely warning if Project drivers are
violating the FMCSRs or the Agreement?
The FHWA believes that the preparation of the SCP will be
straightforward for most motor carriers which have the exemplary safety
history required in order to qualify for this Project. Experience has
shown that the vast majority of motor carriers who have exemplary
safety histories also have a well-defined set of safety controls. For
this Project, the FHWA proposes that an existing set of company
operating instructions, whether currently included in a manual or set
of policy documents, could be used to satisfy the SCP requirement, if a
motor carrier directed the FHWA to the sections which satisfy the SCP
requirements. Where an initial SCP must be created, the FHWA believes
that simple explanations of the day-to-day safety practices and
controls which the motor carrier employs, or will employ, would
suffice. Upon review of a motor carrier, the FHWA would need to be able
to comprehend from the SCP what safety controls are in place, and be
able to evaluate them in terms of the level of compliance they could be
expected to produce. For those motor carriers which would like
assistance in developing their SCP, the FHWA proposes to develop and
make available a suggested outline for the document. Comments and
suggestions as to the substance and form this outline should take would
be welcome. The FHWA also welcomes the comments of the public on the
following question: Should the SCP be submitted to the FHWA? Why, or
why not?
IV. The Agreement
The FHWA proposes that an eligible interstate motor carrier would
volunteer for the Project by submitting an application for admission.
Thereafter, the FHWA would approve or deny the application within 120
days. If approved, a written agreement with the FHWA would be executed,
in which the FHWA would grant the motor carrier exemption from certain
requirements of the FMCSRs. The motor carrier would agree to be
responsible for maintaining its safety performance while participating
in the Project, and to make data on its operations available to the
FHWA. A Project motor carrier would also agree to abide by the
remaining FMCSRs, and all changes which may occur to the FMCSRs, as the
Project progresses.
The FHWA proposes that each Project motor carrier would, as a
condition of its Agreement with the FHWA, agree to provide the FHWA, on
a quarterly basis each year, with the following:
(a) Details of all police reported accidents involving Project
vehicles and/or drivers, including nonconfidential insurance-related
[[Page 44390]]
information, sufficient to enable the FHWA to locate the
corresponding State police accident report;
(b) The miles traveled by Project vehicles, and the calculation
of crashes per 1,000,000 vehicle miles traveled;
(c) Changes in the initial roster of Project drivers, including
the names of those no longer employed by the motor carrier, and the
names, driver's license numbers, and dates of employment of all new
hires proposed for the Project (this information would enable the
FHWA to monitor the driving records of Project drivers); and
(d) Vehicle maintenance records reflecting the frequency of
replacement or repair of safety-related parts. (This information
would enable the FHWA to compare this information to the records
which reflect the 12 months preceding the motor carrier's entrance
into the Project.)
The FHWA would like public comment upon this proposal. The FHWA
will require data in order to evaluate this Project. What is the best
method of providing this data to the FHWA? Is some form of periodic
reporting necessary? If periodic reports are necessary: (a) Does the
industry believe that they ought to be submitted quarterly, or at some
other interval; and (b) could such information be made available in
electronic format, or by means of on-line service? The FHWA is
interested in other suggestions of methods by which the Agency could
satisfy its duty to monitor and evaluate this Project while minimizing
the paperwork burden on the motor carrier.
In addition, the FHWA proposes that each motor carrier admitted to
the Project would agree to notify the FHWA immediately if any of the
following occur:
(1) The motor carrier is sold, goes out of business, changes its
name, ceases to operate in interstate commerce, or in any way alters
its operation in such a manner;
(2) The motor carrier ceases to conduct active operations on a
year-round basis;
(3) The motor carrier ceases to operate CMVs with GVWRs between
10,001 and 26,000 pounds;
(4) The motor carrier is rated ``Unsatisfactory;''
(5) The accident rate of the motor carrier exceeds 1.6 per
million vehicle miles traveled for the most recent thirty-six month
period;
(6) The motor carrier is unable, for any reason, to carry out
the terms of the Safety Control Plan which it developed for this
Project;
(7) The motor carrier is unable to maintain Vehicle Maintenance
Records which reflect the inspection, repair and maintenance
history; or
(8) A Project driver ceases to exclusively operate CMVs with
GVWRs between 10,001 and 26,000 pounds.
The FHWA also believes that some form of identification card or
form should be furnished by the FHWA to those selected to participate
in the Project. We propose that a single-page document executed by the
FHWA would serve this purpose. Any card or form furnished to drivers
would be surrendered upon termination of employment with the motor
carrier that nominated them for the Project. We invite public comment
on this proposal, and encourage the development of alternative methods
of providing appropriate identification of drivers and CMVs included in
the Project.
V. Coordination With the States
The Motor Carrier Safety Assistance Program (MCSAP) was established
by Congress in 1982, and has subsequently been amended several times.
The program provides grants to States which agree to adopt and enforce
minimum Federal safety standards for interstate and intrastate CMVs and
drivers. The MCSAP funds are used to support salaries, equipment, and
training of State enforcement officers. The data collected by the
States are shared on a national basis and used by the FHWA as the basis
for its safety rating, review, and enforcement programs. Through the
MCSAP, the FHWA and its State partners have developed a uniform program
of safety compliance and enforcement for CMVs.
The FHWA recognizes that this Project presents new challenges for
this partnership. We are asking our State partners to support this
program because of the long-term benefit which it can bestow upon the
regulatory environment. This Project will serve as a major step toward
a permanent performance-based revision of the FMCSRs. Through the
implementation of a demonstration project instead of the initiation of
a rulemaking, the FHWA will avoid burdening the States, and motor
carriers, with frequent amendments to the FMCSRs driven by the
preliminary results of performance-based regulation. Currently there
are 26 states and territories that automatically adopt any revisions to
the FMCSRs. This demonstration project would minimize the disruption to
the States and motor carriers and would preserve the existing standards
of highway safety, while permitting examination of the effect of
performance-based standards on a controlled group of motor carriers.
This Project should provide data which will serve as the foundation for
performance-based rules.
VI. Disqualification
The FHWA does not anticipate that any motor carrier which has
satisfied the stringent admission criteria of this Project will
experience any deterioration of its safety record. However, should this
occur, the FHWA would, consistent with its duty under the NHS Act, take
all steps necessary to protect the public interest, as well as the
integrity of the Project. Participation in this Project is voluntary,
and the FHWA retains the right to revoke a motor carrier's exemption
and participation in the Project if its safety performance poses a
threat to highway safety. Participating motor carriers will not be
exempt from compliance reviews or enforcement actions on the remaining
regulations from which they are not exempt, or on those portions of its
operations (such as those involving CMVs with a GVWR in excess of
26,000 pounds) which are not a part of the Project. Also, Project
drivers who pose a threat to highway safety would, at a minimum, be
subject to immediate revocation of their privilege to participate in
the Project.
The FHWA proposes that if it finds that the highway operations of a
Project motor carrier have placed the safety of the public in jeopardy,
it would, at a minimum, declare the motor carrier disqualified and
remove it from the Project. The FHWA also proposes that an increase in
the police reported accident rate of a Project motor carrier such that
it exceeds 1.6 per million vehicle miles traveled (see Criteria For
Admission, Item 2(b) above) would be grounds for immediate
disqualification of the motor carrier. In addition, the FHWA proposes
that any Project driver convicted of any of the offenses enumerated
under 3(b) of the Criteria for Admission above would be immediately
disqualified from further participation in the Project. We propose that
such a conviction would not necessarily result in the disqualification
of the motor carrier who placed the convicted driver in the Project.
VII. The Final Evaluation
The NHS Act requires the FHWA to conduct an evaluation at the
conclusion of the Project. The principal objective of the evaluation is
to provide input to a zero-base review of the need for, and the cost
and benefits of, the FMCSRs as they apply to interstate motor carriers
operating CMVs in the 10,001 to 26,000 pound GVWR class.
The FHWA proposes that the evaluation would focus upon operational
safety by comparing the collective experience of Project motor carriers
and drivers during the Project with that prior to the Project. The
evaluation would also compare the collective experience of Project
motor carriers and drivers with the collective experience of motor
carriers and drivers not participating in the Project.
[[Page 44391]]
VIII. Paperwork Reduction Act of 1995
As proposed, this voluntary program would impose information
collection requirements which are subject to review by OMB under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). Persons are not
required to respond to a collection of information unless it displays a
currently valid OMB control number. The FHWA has requested that OMB
authorize emergency processing of these proposed information
collections through an alternative procedure provided in OMB's
regulations for cases where, among other things, use of normal
procedures is reasonably likely to cause a statutory deadline to be
missed. 5 CFR Sec. 1320.13. The FHWA has asked OMB to approve this
request within 20 days. However, the FHWA anticipates that this
approval will be for a period of not more than 90 days, pursuant to OMB
regulations. Thus, the FHWA also intends to submit a request to OMB
through the usual procedures for approval under the Paperwork Reduction
Act of 1995 for a three year period.
In general, Federal agencies must provide 60 days of notice in the
Federal Register concerning each collection of information. Comments on
the information collections proposed in this Notice will be considered
by the FHWA in its request for long-term approval. With respect to the
collections of information described below, the FHWA invites comments
on: (1) Whether the proposed collections of information are necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility; (2) the accuracy
of the agency's estimate of the burden of the proposed collections of
information, including the validity of the methodology and assumptions
used; (3) ways to enhance the quality, utility, and clarity of the
information to be collected; (4) ways to minimize the burden of these
collections of information on those who are to respond, including
through the use of automated collection techniques, when appropriate,
and other forms of information technology.
The title used to identify the information collections proposed in
this notice and submitted for OMB's approval is--Motor Carrier
Regulatory Relief and Safety Demonstration Project.
This Federal Register notice proposes a voluntary pilot project. In
return for receiving exemption from certain Federal Motor Carrier
Safety Regulations, each Project motor carrier would be required to
develop and/or furnish certain information about its operations. It is
anticipated that the initial application will require about one-half
hour to complete on average. This document is necessary to identify
those motor carriers who believe they are eligible to participate in
the Project, and to indicate their desire to be included in the
Project. The Safety Control Plan, outlining the safety management
measures the motor carrier would have in place to ensure that it would
achieve the appropriate level of operational safety during the Project,
would require, on average, one and one-half hours to prepare. This
document would be subject to examination by the FHWA, and would be
necessary to assist the FHWA in ensuring that Project participants did
not neglect those aspects of motor carrier safety which are normally
addressed by the regulations from which they are temporarily exempt. In
addition, participating motor carriers would be required to submit to
the FHWA: (1) For each of its Project drivers, the name, driver's
license identification number, and date of employment and (2) for each
Project vehicle, the vehicle identification number. On a quarterly
basis, the motor carrier would have to advise the FHWA of any changes
in this information. In addition, during the Project, motor carriers
would be required to maintain, but not submit, a record of the
maintenance performed upon Project vehicles. These collections and
submissions of information are necessary in order to effectively grant
Project exemption to identifiable CMVs and operators of CMVs and to
permit the performance of each to be monitored and evaluated. It is
estimated that the reporting and recordkeeping burden for these items
would be one hour and fifteen minutes on the average.
In addition, it is proposed that each accident involving Project
drivers and/or Project vehicles would be reported to the FHWA on a
quarterly basis. Each Project motor carrier would also calculate its
accident rate per million vehicle miles traveled on a quarterly basis,
and advise the FHWA if that rate exceeds 1.6. This information is
necessary in order to detect those motor carriers whose safety
performance is declining during the Project and would also be used to
assist in comparing the performance of the exempt motor carriers with
the performance of those which remain subject to the FMCSRs. The annual
reporting and recordkeeping burden for this information is estimated to
be one-half hour on the average.
The most likely respondents to this information collection will be
motor carriers operating commercial motor vehicles (CMVs) with a gross
vehicle weight rating (GVWR) between 10,001 and 26,000 pounds in
interstate commerce, with a Safety Rating of satisfactory or unrated,
and with an accident rate of fewer than 1.6 per million miles traveled.
The approximate number of motor carriers currently eligible to
participate in the Project is 33,000. Therefore, it is estimated that
the total annual reporting and recordkeeping burden will be 2,214,250
hours. Comments on these proposed information collections may be
submitted either to OMB or the FHWA (Docket # MC-96-40).
IX. Conclusion
The FHWA welcomes comment on any and all aspects of this Project
from trade associations, public interest groups, the States, interstate
motor carriers, drivers, and all others.
Issued on: August 2, 1996.
Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 96-21928 Filed 8-27-96; 8:45 am]
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