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FINAL RULES

TITLE: Truck Size and Weight; Technical Corrections; Final rule; technical corrections; 23 CFR Part 658; published 12/22/98; Effective Date:  12/22/98; 63 FR 70650.

SUMMARY: This document amends truck size and weight regulations by changing the definition of automobile transporters to include those transporting towed vehicles and truck camper units and extending the Interstate System axle weight exemption for public transit buses to October 1, 2003, as provided by the Transportation Equity Act for the 21st Century (TEA-21), Pub. L. 105-178, 112 Stat. 107. Five additional technical corrections are also being made, to add Alligator Alley (I-75) to the National Network (NN) listing in Florida; clarify that a State's grandfathered weight limits for divisible vehicles or loads on the Interstate System are permanently vested; clarify that the length of cargo carrying units subject to the freeze in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Pub. L. 102-240, 105 Stat. 1914, are measured from the front of the first unit to the rear of the last; clarify that the prohibition against an overall length limit on truck tractor-semitrailers or truck tractor-semitrailer-trailer combinations is not affected by grandfathered semitrailer lengths or kingpin settings; and correct the routes available under the ISTEA freeze in Utah for truck-trailer-trailer combinations.

TITLE: Federal Motor Carrier Safety Regulations; Waivers, Exemptions, and Pilot Programs; Rules and Procedures; Interim final rule; request for comments, 49 CFR Parts 381 and 383; published 12/08/98; Effective Date: 12/08/98; Comment period ends: 2/08/99  [FHWA Docket No.  98-4145] 63 FR 67600.

SUMMARY: The FHWA is adopting regulations to implement section 4007 of the Transportation Equity Act for the 21st Century (TEA-21), concerning waivers and exemptions from the Federal Motor Carrier Safety Regulations (FMCSRs), and the administration of pilot programs to evaluate innovative alternatives to the regulations. The regulations establish the procedures persons must follow to request waivers and to apply for exemptions from the FMCSRs, and the procedures the FHWA will use to process the requests for waivers and applications for exemptions. The regulations also codify statutory requirements concerning the agency's administration of pilot programs. This rulemaking is intended to provide procedures to ensure the timely processing of requests for waivers and applications for exemptions, and public disclosure of the procedures the agency would use in initiating and managing pilot programs.

TITLE:  Amendments to Opiate Threshold Levels; Final Rule, 49 CFR Part 40; published 11/25/98; Effective Date: 12/1/98; [Docket No. OST-98-4777]; 63 FR 65128.

SUMMARY:  This final rule makes conforming changes to the Department's drug testing procedures to incorporate changes made by the Department of Health and Human Services (DHHS) in the threshold levels of opiates.  It is essential for the Department's drug testing procedures to remain consistent with the DHHS Guidelines, as Congress provided in the

TITLE:  Safety Fitness Procedures; Final Rule, corrections; 49 CFR Part 385; published 11/10/98; Effective Date:  11/10/98; [FHWA Docket Nos. MC-94-22 and MC-96-18; FHWA-97-2252] 63 FR 62957.

SUMMARY:  The FHWA is making corrections to the November 6, 1997, final rule on Safety Fitness Procedures. The final rule established a means of determining whether a motor carrier has complied with the fitness requirements of the Motor Carrier Safety Act of 1984. The final rule included several minor errors which this document corrects.

TITLE:  Reports of Motor Carriers; Redesignation of Regulations Pursuant to the ICC Termination Act of 1995; Final rule; redesignation; 49 CFR Chapter XI, Part 1420; published  09/30/98; Effective Date:  09/30/98; 63 FR 52192.

SUMMARY:  This document establishes a new chapter in the Code of Federal Regulations (CFR) for the BTS and transfers and redesignates regulations concerning reports of motor carriers, currently found in the STB's CFR chapter, to the BTS's new CFR chapter. The ICC Termination Act of 1995 (ICCTA), which was enacted on December 29, 1995, and took effect on January 1, 1996, abolished the Interstate Commerce Commission (ICC) and transferred certain of the ICC's functions and proceedings to either the STB or the Secretary of Transportation. As pertinent here, responsibility for the collection and dissemination of motor carrier financial information was transferred to the Secretary of Transportation, who has delegated that responsibility to the BTS. This action reflects that change.

TITLE:  Americans With Disabilities Act Accessibility Guidelines for Transportation Vehicles; Over-the-Road Buses; Joint Final Rule; Final rule, request for comments; 49 CFR Part 37; published 09/28/98; Effective Date: 10/28/98;  Comments on the information collection provisions of Sec. 37.213 are requested on or before [90 days from December 28, 1998], but late-filed comments will be considered to the extent practicable. Comments are not requested on
any other portion of the rule; [Docket OST-98-3648]; 63 FR 51669.

SUMMARY:  The Department is amending its Americans with Disabilities Act (ADA) regulations to require the accessibility of new over-the-road buses (OTRBs) and to require accessible OTRB service. The new rule applies both to intercity and other fixed-route bus operators and to demand-responsive (i.e., charter and tour) operators. The rules require operators to ensure that passengers with disabilities can use OTRBs. In connection with the forthcoming Office of Management and Budget (OMB) review of information collection requirements, the Department is requesting comment on the information collection requirements section of the final rule.

TITLE: Exemption of Commonly-Owned Motor Carriers From Equipment Identification and Receipt Requirements Applicable to Leased and Interchanged Vehicles; Final rule; 49 CFR Part 376; published 07/31/98; Effective Date: 08/31/98; [FHWA Docket No. FHWA-97-3050]; 63 FR 40837.

SUMMARY: The FHWA is modifying its regulations under 49 CFR part 376 governing the lease and interchange of motor vehicle equipment by exempting commonly-owned and controlled motor carriers from the vehicle identification and exchange of receipt requirements of Sec. 376.22 and the vehicle identification requirement of Sec. 376.31. This action eliminates the need for carriers to obtain individual waivers from these requirements from the FHWA.

TITLE: Review of the Federal Motor Carrier Safety Regulations; Regulatory Removals and Substantive Amendments; Final rule; 49 CFR Parts 387, 390, 391, 392, 395, 396, and 397; published 06/18/98; Effective Date: 07/20/98; [FHWA Docket No. FHWA-97-2328; MC-97-3]; 63 FR 33254.

SUMMARY: The FHWA is adopting a final rule to remove, amend, and redesignate certain provisions of the Federal Motor Carrier Safety Regulations concerning financial responsibility; general applicability and definitions; accident recordkeeping requirements; qualifications of drivers; driving of commercial motor vehicles; hours of service of drivers; inspection, repair, and maintenance; and the transportation of hazardous materials. The agency considers many of these regulations to be obsolete, redundant, unnecessary, ineffective, or burdensome. Others are more appropriately regulated by State and local authorities, better addressed by company policy, in need of clarification, or more appropriately contained in another section. This action is consistent with the FHWA's Zero Base Regulatory Review and the President's Regulatory Reinvention Initiative.

TITLE: Federal Motor Carrier Regulations; Authority Corrections; Final rule; technical corrections; 49 CFR Parts 365, 372, 373, 374, and 377; published 05/22/98; Effective Date: 05/22/98; 63 FR 28286.

SUMMARY: This document makes technical amendments to the authority statements for various FHWA motor carrier regulations in order to remove the obsolete authority citations provided in the subparts. This correction is necessary due to changes required by the ICC Termination Act of 1995 (ICCTA) and the transfer of certain regulatory functions to the FHWA from the former Interstate Commerce Commission (ICC). The effect of these amendments is to remove the outdated authority citations listed in the subparts.

TITLE: Parts and Accessories Necessary for Safe Operation; Antilock Brake Systems; Final rule; 49 CFR Part 393; published 05/04/98; Effective Date: 06/03/98; [FHWA Docket No. MC-94-31; FHWA-97-2318]; 63 FR 24454.

SUMMARY: The FHWA is amending the Federal Motor Carrier Safety Regulations (FMCSRs) to require that air-braked truck tractors manufactured on or after March 1, 1997, and air-braked single-unit trucks, buses, trailers, and converter dollies manufactured on or after March 1, 1998, be equipped with antilock brake systems (ABSs) that meet the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 121. The FHWA is also requiring hydraulic-braked trucks and buses manufactured on or after March 1, 1999, to be equipped with ABSs that meet the requirements of FMVSS No. 105. In addition, the agency is requiring motor carriers to maintain the ABSs on these vehicles. This rulemaking is intended to ensure that the in-service brake standards of the FMCSRs are consistent with the FMVSSs. The rulemaking would also improve the safety of operation of commercial motor vehicles by reducing the incidence of accidents caused by jackknifing and other losses of directional stability and control during braking. With regard to commercial motor vehicles manufactured prior to the dates previously mentioned, the FHWA is not requiring motor carriers to retrofit such vehicles with ABSs.

TITLE: Civil Penalties; Final rule; 49 CFR Part 386; published 03/13/98; Effective Date: 03/13/98; 63 FR 12413.

SUMMARY: This document specifies the civil penalties for violating the FHWA regulations, as adjusted for inflation in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. The inflation adjustments are reflected in this rulemaking. Technical amendments to the regulation are required by the statute which mandates that all civil penalties within the jurisdiction of a Federal agency be adjusted for inflation by regulation.

TITLE: Payment of Transportation Charges; Authority Correction; Final rule; technical correction; 49 CFR Part 377; published 03/10/98; Effective Date: 03/10/98; 63 FR 11624.

SUMMARY: This document makes a technical amendment to the authority statement for the regulation on payment of transportation charges in order to remove the obsolete authority citations provided in the subparts. This correction is necessitated by changes in the statute and the transfer of regulatory functions to the FHWA from the former Interstate Commerce Commission (ICC) as a result of the ICC Termination Act of 1995 (ICCTA). This amendment would remove the outdated ICC authority citations in 49 CFR part 377 of the Code of Federal Regulations.

TITLE: Manufactured Home Tires, Parts and Accessories Necessary for Safe Operation, and Manufactured Home Construction and Safety Standards; Final Rule; Final rule and HUD interpretive bulletin; 49 CFR 393 and 24 CFR 3280; published 02/18/98; Effective Date: 11/16/98; [FHWA Docket No. MC-95-1; FHWA-97-2341][Docket No. FR-3943-F-02]; 63 FR 8329.

SUMMARY: The FHWA and HUD are amending the Federal Motor Carrier Safety Regulations and an interpretation of the Manufactured Home Construction and Safety Standards concerning the transportation of manufactured homes. The FHWA and HUD are reducing the amount of tire overloading allowed (currently up to 50 percent above the tire manufacturer's load rating) on tires used to transport manufactured homes. As a result of this rulemaking the amount of the load on a manufactured home tire will be reduced so that it cannot exceed the tire manufacturer's load rating by more than 18 percent. Manufactured homes transported on tires overloaded by 9 percent or more may not be operated at speeds exceeding 80 km/hr (50 mph). Eighteen-percent tire overloading will be allowed for a two-year period. The two-year period will begin on November 16, 1998, effective date of this final rule. Because the agencies have sufficient data indicating that overloading is potentially unsafe, unless both agencies are persuaded that 18 percent overloading does not pose a risk to the traveling public, or have an adverse impact on safety or the ability of motor carriers to transport manufactured homes, any overloading of tires beyond their design capacity will be prohibited at the end of this two-year period.

TITLE: Motor Vehicle Safety Standards Rear Impact Guards; Rear Impact Protection; Final Rule; response to petitions for reconsideration; technical amendment; denial of petition to extend the effective date; 49 CFR Part 571; published 01/26/98; Effective Date: The amendments made by this rule will become effective on January 26, 1998. Petitions for reconsideration of this rule must be received no later than March 12, 1998; [Docket NHTSA-98-3342, Notice 1]; 63 FR 3654.

SUMMARY: On January 24, 1996, NHTSA published a final rule establishing an equipment standard for underride guards and a vehicle standard which requires the installation of guards meeting the equipment standard on the rear end of heavy trailers and semitrailers. In response to petitions for reconsideration, NHTSA is amending that final rule to: clarify the 100 mm (4 inch) height requirement for the horizontal member of an underride guard, explicitly exclude from having to meet the energy absorption requirements all cargo tank motor vehicles manufactured with rear end protection complying with the high strength requirements of 49 CFR part 178 (to protect hazardous material) that occupies the area specified for NHTSA's underride guard, and increase the acceptable range of force application rates during testing. The agency is also excluding pulpwood trailers from the application of the vehicle standard and denying a petition from the Truck Trailer Manufacturer's Association (TTMA) for an extension of the effective date of the final rule.

TITLE: Parts and Accessories Necessary for Safe Operation; Glazing in Specified Openings; Final Rule; 49 CFR Part 393; published 01/09/98; Effective Date: 02/09/98; [FHWA Docket No. MC–97–5; FHWA–97–2364]; 63 FR 1383.

SUMMARY: The FHWA is revising its requirements concerning glazing materials, windshield condition, coloring and tinting of windshields and windows, and obstructions to the driver’s field of view for commercial motor vehicles operated in interstate commerce. The revision is intended to remove obsolete regulatory language, establish requirements that are more performance-based than the previous requirements, and respond to requests for waivers to allow the use of windshield-mounted transponders. On April 14, 1997, the FHWA published a notice of proposed rulemaking (NPRM) in which the agency proposed general amendments to part 393 of the Federal Motor Carrier Safety Regulations (FMCSRs), Parts and Accessories Necessary for Safe Operation. The proposed amendments covered a wide range of topics, including the subjects of this rule. Upon review of the docket comments and recent requests for waivers, the agency has decided to issue a final rule on glazing materials, windshields and windows and to publish, at a later date, a final rule on the remaining issues covered in the April 14, 1997, NPRM. As a result of this rulemaking, motor carriers operating under the terms of the March 6, 1995, waiver granted for the ADVANTAGE I–75 and Heavy Vehicle Electronic License Plate, Inc. programs are no longer required to comply with the conditions prescribed by the waiver.

PROPOSED RULES

TITLE:  Revision to Reporting Requirements for Motor Carriers of Property; Notice of proposed rulemaking; 49 CFR Part 350; published 11/03/98; Comment period ends: 12/03/98; [Docket No. BTS-98-4659]; 63 FR 59268

SUMMARY:  The Bureau of Transportation Statistics (BTS) proposes to adopt new accounting and reporting provisions that would provide data for current needs while significantly reducing the annual compliance burden. This rulemaking is being conducted to implement portions of the ICC Termination Act of 1995, which transferred the motor carrier financial and operating data collection program to the Department of Transportation and made several changes to the motor carrier program.  Class I motor carriers would file much shortened quarterly reports and file a simplified annual report form based largely on the current Form M-2. Class II carriers would continue filing only annually and would use the same simplified form as class I carriers. In addition, the Bureau proposes a system for considering requests for exemptions from filing and from public release of data. With this document, BTS is also withdrawing its proposal to establish a negotiated rulemaking advisory committee to assist in developing the regulations. This rulemaking action is taken on the Bureau's initiative.

TITLE:  Out-of-Service Criteria; Extension of Comment Period; Re-opening of docket; request for comments; 49 CFR Parts 395 and 396; published 10/09/98; Comment period ends:  12/08/98; [FHWA Docket No. FHWA-98-3414]; 63 FR 54432.

SUMMARY: The FHWA is re-opening Docket No. FHWA-98-3414 for a period of sixty (60) days. On July 20, 1998, the FHWA published an advance notice of proposed rulemaking (ANPRM) in which the agency sought comment concerning use of the ``North American Uniform Out-of-Service Criteria'' (OOS Criteria) (63 FR 38791). This action today is taken in response to a written request from the Advocates for Highway and Auto Safety (AHAS). The FHWA has determined that re-opening the docket is appropriate given the complexity of the ANPRM and the need for informed public comment. The docket will be open for an additional period of 60 days.

TITLE:  Transportation of Household Goods; Consumer Protection Regulations; Extension and reopening of comment period; 49 CFR Parts 375 and 377; published 08/12/98; Comment period extended to:  10/13/98; [Docket No. FHWA-97-2979]; 63 FR 43128.

SUMMARY:  The FHWA is extending and reopening this rulemaking's comment period for an additional 60 day period of time. This is in response to one petition received by the FHWA requesting an extension of the comment period closing date. The petitioner based her request upon her belief that the FHWA provided too brief an opportunity to enable individual consumers, as opposed to industry lobbyists, to become aware of the rulemaking, to digest the NPRM's contents and to respond to the opportunity with comments. This NPRM is required, in part, by the Paperwork Reduction Act of 1995, because most of the information collection burdens formerly imposed by the Interstate Commerce Commission have never received Office of Management and Budget (OMB) approval.

TITLE:  Physical Qualification of Drivers; Medical Examination; Certificate; Notice of proposed rulemaking (NPRM); request for comments; 49 CFR Part 391; published  08/05/98; Comment period ends:  10/03/98; [FHWA Docket No. FHWA-98-3542]; 63 FR 41769.

SUMMARY: The FHWA is seeking comments on a proposal to amend its regulation governing the examination to determine the physical condition of drivers. The FHWA takes this action in response to numerous requests from medical examiners to update and simplify the medical examination form that is currently used. This proposed action is intended to reduce the incidence of errors on such forms and to provide more uniform medical examinations of commercial motor vehicle (CMV) drivers under the Federal Motor Carrier Safety Regulations (FMCSRs). The current Federal physical qualification standards tested by medical examiners and recorded on the form would not be revised in this rulemaking. The FHWA is seeking comments on the proposed form.

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TITLE:  Federal Motor Carrier Safety Regulations; Definition of Commercial Motor Vehicle; Advance notice of proposed rulemaking (ANPRM); request for comments; 49 CFR Parts 390, 391, 392, 393, 395, and 396; published  08/05/98; Comment period ends:  10/05/98; [FHWA Docket No. FHWA-97-2858]; 63 FR 41766.

SUMMARY:  The Federal Highway Administration is considering amending the Federal Motor Carrier Safety Regulations (FMCSRs) in response to the Transportation Equity Act for the 21st Century (hereinafter referred as ``TEA-21''). Section 4008(a) of TEA-21 amends the definition of the term ``commercial motor vehicle'' (CMV) in 49 U.S.C. 31132(1) to cover vehicles ``designed or used to transport more than 8 passengers (including the driver) for compensation.'' The change could make the FMCSRs applicable to a considerable number of entities, including operators of small commuter vans or airport shuttle buses, not now subject to them. This ANPRM requests comment and information to help the FHWA identify such operators and

TITLE: Out-of-Service Criteria; Advance notice of proposed rulemaking (ANPRM); request for comments; 49 CFR Parts 395 and 396; published: 07/20/98; Comment period ends: 09/18/98; [FHWA Docket No. FHWA-98-3414]; 63 FR 38791.

SUMMARY: The FHWA seeks public comment concerning use of the ``North American Uniform Out-of-Service Criteria'' (OOS Criteria). During roadside inspections, Federal, State and local safety inspectors use the OOS Criteria as a guide in determining whether to place commercial motor vehicles (CMVs) or drivers of CMVs out-of-service. The OOS Criteria is a list of those violations which are so unsafe that they must be corrected before operations can resume. Correction of other less severe violations can be deferred to a more convenient time and place. The FHWA is seeking public comment on the future scope and effect of the OOS Criteria, which are not part of the Federal Motor Carrier Safety Regulations (FMCSRs). The agency is also seeking comment on the need to formalize these guidelines.

TITLE: Safety Fitness Procedures; Advance notice of proposed rulemaking (ANPRM); request for comments; 49 CFR Part 385; published: 07/20/98; Comment period ends: 09/18/98; [FHWA Docket No. FHWA-98-3639]; 63 FR 38788.

SUMMARY: On November 6, 1997, the FHWA published a final rule incorporating the safety fitness rating methodology (SFRM) into 49 CFR 385 as appendix B. In that document the FHWA identified its ultimate goal as creating a more performance-based means of determining the fitness of carriers to conduct commercial motor vehicle (CMV) operations in interstate commerce. The final rule announced that the FHWA would publish an ANPRM shortly which would request comments on the future evolution of a rating system that could be used both in making safety fitness determinations and meeting the demands of shippers, insurers and other present and potential users interested in evaluating motor carrier performance. Since the final rule, legislation was enacted that substantially heightens the importance of unsatisfactory ratings. Accordingly, at this time the FHWA is seeking comments and supporting data on what issues should be considered in constructing a rating system for the future.

TITLE: Parts and Accessories Necessary for Safe Operation; Lighting Devices, Reflectors, and Electrical Equipment; Notice of proposed rulemaking (NPRM); request for comments; 49 CFR Part 393; published: 06/19/98; Comment period ends: 09/17/98; [FHWA Docket No. MC-94-1; FHWA-1997-2222]; 63 FR 33611.

SUMMARY: The FHWA is proposing to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to require that motor carriers engaged in interstate commerce install retroreflective tape or reflex reflectors on the sides and rear of trailers that were manufactured prior to December 1, 1993, have an overall width of 2,032 mm (80 inches) or more, and a gross vehicle weight rating (GVWR) of 4,536 kg (10,001 pounds) or more. The FHWA is proposing that motor carriers be required to install retroreflective tape or reflex reflectors within two years of the effective date of the final rule. Motor carriers would be allowed a certain amount of flexibility in terms of the colors or color combinations during a 10-year period beginning on the effective date of the final rule, but would be required to have all older trailers equipped with conspicuity treatments identical to those mandated for new trailers at the end of the 10-year period. The locations at which the retroreflective material would have to be applied to trailers during the phase-in period would be specified. This rulemaking is intended to help motorists detect trailers at night and under other conditions of reduced visibility, thereby reducing the incidence of passenger vehicles colliding with the sides or rear of trailers.

TITLE: Federal Motor Carrier Safety Regulations; General; Commercial Motor Vehicle Marking; Notice of proposed rulemaking (NPRM); request for comments; 49 CFR Parts 385 and 393; published: 06/16/98; Comment period ends: 08/17/98; [FHWA Docket No. FHWA-98-3947]; 63 FR 32801.

SUMMARY: The FHWA is proposing to amend its regulations concerning the marking of commercial motor vehicles (CMVs) and the submission of the Motor Carrier Identification Report (Form MCS-150) that new motor carriers must submit to the FHWA. The FHWA is proposing to eliminate the marking regulations of the former Interstate Commerce Commission (ICC), and require that motor carriers replace the vehicle markings specified by those requirements with markings that conform to the requirements of 49 CFR 390.21. The agency is proposing to amend its current marking requirements to require that CMVs be marked with the legal name of the business entity that owns or controls the motor carrier operation, or the ``doing business as'' (DBA) name, and the city and State for the principal place of business as they appear on the Form MCS-150. Motor carriers would be allowed two years to comply with the proposed marking requirement to affix the USDOT number to both sides of their CMVs and five years to comply with the additional requirements to add the address of the principal place of business, and the legal name or DBA name to their CMVs. The FHWA is also proposing to move the regulations that require motor carriers to submit the Form MCS-150 from 49 CFR part 385 to part 390, and to amend the regulations to require that all new interstate motor carriers submit a Form MCS-150 to the FHWA before (rather than within 90 days after) commencing operations. The FHWA solicits public comment from interested persons on this action, including responses to the information collection requirements set forth in this document.

TITLE: Transportation of Household Goods; Consumer Protection Regulations; Correction to 5/15/98 proposed rule; 49 CFR 375 and 377; published: 06/08/98; 63 FR 31266.

TITLE: Truck Size and Weight; National Network; North Dakota; Notice of proposed rulemaking; request for comments; 23 CFR 658; published: 05/18/98; Comment period ends: July 17, 1998; [FHWA Docket No. 98-3467]; 63 FR 27228.

SUMMARY: The FHWA proposes to modify the National Network for commercial motor vehicles by adding a route in North Dakota. The National Network was established by a final rule on truck size and weight published on June 5, 1984, as since modified. This rulemaking proposes to add one segment to the National Network as requested by the State of North Dakota.

TITLE: Transportation of Household Goods; Consumer Protection Regulations; Proposed Rule; Notice of proposed rulemaking (NPRM); request for comments; 49 CFR 375 and 377; published 05/15/98; Comment period ends: July 14, 1998; [Docket No. FHWA-97-2979]; 63 FR 27126.

SUMMARY: The FHWA is proposing to amend the regulations governing the transportation of household goods. These regulations protect consumers who ship household goods by motor vehicle. This action is necessary to implement the ICC Termination Act of 1995 (ICCTA) and to update the regulations. This proposal would make the regulations easier to read and understand, require household goods carriers to file an annual arbitration report in place of the outdated annual performance report, address hostage freight problems, modify a consumer protection publication, and make conforming and technical amendments.

TITLE: Parts and Accessories Necessary for Safe Operation; Rear Impact Guards and Rear Impact Protection; Notice of proposed rulemaking (NPRM); request for comments; 49 CFR 393; published 05/14/98; Comment period ends: July 13, 1998; [FHWA Docket No. FHWA-97-3201]; 63 FR 26759.

SUMMARY: The FHWA is proposing to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to require that certain trailers and semitrailers with a gross vehicle weight rating (GVWR) of 4,536 kilograms (kg) (10,000 pounds) or more, and manufactured on or after January 26, 1998, be equipped with rear impact guards that meet the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 223. The rear impact guards would be installed to ensure that the trailer or semitrailer meets the rear impact protection requirements of FMVSS No. 224. This rulemaking is intended to ensure that the rear impact protection requirements of the FMCSRs are consistent with the FMVSSs and to improve the safety of operation of commercial motor vehicles (CMVs) by reducing the incidence of passenger compartment intrusion during underride accidents in which the passenger vehicle strikes the rear of the trailer. With regard to trailers manufactured before January 26, 1998, the FHWA is not proposing that motor carriers be required to retrofit a rear impact guard that conforms to FMVSS No. 223. However, motor carriers operating these trailers would be required to continue complying with the FHWA's current requirements for rear impact guards and rear impact protection.

TITLE: Hours of Service of Drivers; Supporting Documents; Notice of proposed rulemaking (NPRM); request for comments; 49 CFR 390 and 395; published 04/20/98; Comment period ends: 06/19/98; [FHWA Docket No. FHWA-98-3706]; 63 FR 19457.

SUMMARY: The FHWA proposes to amend the hours-of-service (HOS) recordkeeping requirements of its regulations. The Hazardous Materials Transportation Authorization Act of 1994 mandated that amendments be made to these regulations. The FHWA, with this NPRM, proposes a supporting document auditing system that all motor carriers would use to support the accuracy of the drivers' Records of Duty Status (RODS) and Hours of Service (HOS). Additionally, this NPRM would specify that failure to have such a system would require the motor carrier to maintain various types of business documents and all drivers employed by that motor carrier to collect and submit such documents in order to support the accuracy of the drivers' RODS. The proposed auditing systems and document retention proposal would enable the motor carriers, Federal, State, and local enforcement officials to compare business documents with drivers' records of duty status to monitor drivers' compliance with the HOS and RODS requirements. This proposed rule would require drivers and motor carriers to make use of documents generated or received in the normal course of business to verify the accuracy of a driver's record of duty status. The use of electronic recordkeeping methods is proposed as a preferred alternative to paper supporting document records.

TITLE: Commercial Driver Disqualification Provision; Notice of proposed rulemaking; request for comments; 49 CFR Parts 383 and 384; published 03/02/98; Comment period ends: 05/01/98; [FHWA Docket No. FHWA-97-3103]; 63 FR 10180.

SUMMARY: The FHWA is proposing regulations specifying that commercial motor vehicle (CMV) drivers who are convicted of violating laws or regulations pertaining to railroad-highway grade crossings be disqualified from operating a CMV. This proposal also would assess penalties against employing motor carriers found to have knowingly allowed, permitted, authorized, or required a driver to operate a CMV in violation of laws or regulations pertaining to railroad-highway grade crossings. This action is in response to the requirements specified in section 403 of the ICC Termination Act (ICCTA) of 1995. The purpose of this proposal is to enhance the safety of CMV operations on our nation's highways.

TITLE: Registration of For-Hire Motor Carriers, Property Brokers, and Freight Forwarders; Notice of proposed rulemaking; request for comments; 49 CFR Parts 365, 385, and 387; published 02/13/98. Comment period ends 04/14/98; [FHWA Docket No. FHWA-97-2709]; 63 FR 6362.

SUMMARY: The FHWA proposes to adopt interim rules governing registration of for-hire motor property and passenger carriers, property brokers, and freight forwarders. The interim rules are required by 49 U.S.C. 13901-13905, provisions of the Interstate Commerce Commission Termination Act of 1995 (ICCTA), Pub. L. 104-88, 109 Stat. 803, that mandate a registration system to be administered by the Secretary of Transportation to replace the former Interstate Commerce Commission's licensing system for motor carriers, property brokers, and freight forwarders. It is anticipated that these interim rules would be used until the FHWA completes the rulemaking required by 49 U.S.C.13908 which is currently underway.

NOTICES - GENERAL

TITLE:  Global Positioning System (GPS) Technology; Extension of Application Date; Notice of extension of deadline for submission of applications to participate in the GPS technology pilot demonstration project.; 49 CFR Part 395; published 12/30/98; Applications must be received on or before:  6/30/99; 63 FR 71791.

SUMMARY:  The FHWA is extending the deadline for motor carriers to submit applications to participate in the agency's Global Positioning System (GPS) technology pilot demonstration project. This project allows qualified motor carriers that use GPS technology and related safety management computer systems to enter into an agreement with the FHWA to use such systems to record and monitor drivers' hours of service, in lieu of requiring them to prepare handwritten records of duty status. This project is intended to demonstrate that the motor carrier industry can use this technology to improve compliance with the hours-of-service requirements in a manner which promotes safety and operational efficiency while reducing paperwork.

TITLE:  Hours of Service of Drivers; Notice of intent to consider negotiated rulemaking process; 49 CFR 395; published 12/14/98; [FHWA Docket No. FHWA-97-2350; MC-96-28]; 63 FR 68729.

Summary:  The FHWA is announcing its intent to explore the feasibility of conducting a negotiated rulemaking to revise the drivers' hours-of-service rules and has hired two convenors for that purpose. Until that process is complete and a decision is made concerning negotiated rulemaking, the FHWA will continue to move forward with its traditional rulemaking process which began with the publication of an advance notice of proposed rulemaking in the Federal Register on November 5, 1996 (61 FR 57252).

TITLE:  Qualification of Drivers; Exemption Applications; Vision; Notice of petitions and intent to grant applications for exemption; request for comments; published:  12/01/98; Comment period ends:  12/31/98; [FHWA Docket No. FHWA-98-4334] 63 FR 66226.

SUMMARY:  This notice announces the FHWA's preliminary determination to grant the applications of 24 individuals for an exemption from the vision requirements in the Federal Motor Carrier Safety Regulations. Granting the exemptions will enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the vision standard prescribed in 49 CFR 391.41(b)(10).

TITLE:  Qualification of Drivers; Exemption Applications; Vision; Notice of final disposition; published:  10/09/98; Effective Date: 11/09/98; [FHWA Docket No. FHWA-98-3637]; 63 FR 54519.

SUMMARY: The FHWA announces its decision to exempt 12 individuals from the vision requirement in 49 CFR 391.41(b)(10).

TITLE:  Request for Comments on Implementation of the Transportation Efficiency Act for the 21st Century (TEA-21); Request for comments; published:  09/16/98; Comment period ends:  11/22/98; [Docket No. OST-98-4146] 63 FR 49630.

SUMMARY: The Department of Transportation will maintain a public docket for comments from its partners and customers on the implementation of the recently enacted Transportation Efficiency Act for the 21st Century (TEA-21). The docket is in conjunction with a series of TEA-21 outreach sessions. This Notice supplements the previous announcement of the docket in the Federal Register on July 28, 1998.

TITLE:  Public Meeting to Discuss the Development of the North American Standard for Protection Against Shifting or Falling Cargo; Notice of public meeting; 49 CFR Part 393; published:  08/27/98; [FHWA Docket No. MC-96-41; FHWA-97-2289]; 63 FR 45791; DATES: The meeting will be held on October 1, 1998. The meeting will begin at 9:00 a.m. and end at 5:00 p.m. ADDRESSES: The meeting will be held at the Hyatt Regency Rochester Hotel, 125 East Main Street in Rochester, New York.

SUMMARY:  The FHWA is announcing a public meeting concerning the development of the North American Standard for Protection Against Shifting or Falling Cargo. The meeting will include a review of the most recent version of the North American Standard for Protection Against Shifting or Falling Cargo and a discussion of issues related to the adoption of the guidelines by jurisdictions throughout North America.

TITLE:  Public Meeting to Discuss the Development of In-Service Brake Performance Standards for Commercial Motor Vehicles Inspected With Performance-Based Brake Testers; Notice of public meeting; 49 CFR Part 393; published:  08/27/98; 63 FR 45792; DATES: The meeting will be held on October 2, 1998. The meeting will begin at 9:00 a.m. and end at 4:30 p.m. ADDRESSES: The meeting will be held at the Hyatt Regency Rochester Hotel, 125 East Main Street in Rochester, New York.

SUMMARY: The FHWA is announcing a public meeting to discuss the development of commercial motor vehicle brake force regulations that could be enforced by Federal and State officials using performance-based brake testing technologies. The FHWA is nearing the completion of a research program to evaluate certain performance-based brake testing technologies, including roller dynamometers, flat-plate testers, breakaway torque brake testers, an on-board decelerometer, and an infrared brake temperature measurement system. Currently performance-based brake testers may be used in commercial motor vehicle inspections but only as screening and sorting devices because there are no Federal regulations that make reference to brake force measurements as a means of determining whether a vehicle has adequate braking capability. The recommendations from the researchers would, if adopted by the FHWA, enable Federal and State officials to use performance-based brake testers as both screening tools and enforcement tools when vehicles with inadequate braking capability are identified. The purpose of the public meeting is to provide interested parties an opportunity to review and comment on the researchers' recommendations.

TITLE:  Federal Motor Carrier Safety Regulations; Waivers, Exemptions, and Pilot Programs; Public Meeting; Announcement of meeting; 49 CFR Part 389; published:  07/29/98; The public meeting will be held on Thursday, August 20, 1998, between 9 a.m. and 4 p.m. Comments for inclusion in the docket must be received no later than August 20, 1998; [Docket No. FHWA-98-4145]; 63 FR 40387.

SUMMARY: The FHWA is announcing a public meeting to solicit information that will assist the agency in implementing section 4007 of the Transportation Equity Act for the 21st Century (TEA 21), effective on June 9, 1998, governing waivers, exemptions, and pilot programs. Section 4007 amended 49 U.S.C. 31315 and 31136(e) by changing the agency's authority to grant waivers and exemptions from the Federal Motor Carrier Safety Regulations (FMCSRs) and to conduct pilot programs. The new statutory language requires the FHWA, within 180 days of enactment of TEA 21, to establish procedures by which a person may request a waiver or an exemption.

The FHWA recognizes the public's interest in how the agency applies its waiver and exemption authority. For that reason, we are scheduling a public meeting to obtain comments and ideas from interested persons to assist the FHWA in implementing section 4007 expeditiously.

TITLE: Motor Carrier Regulatory Relief and Safety Demonstration Project; Modifications; Notice; request for comments; published: 07/13/98; Comments must be received no later than August 12, 1998. Written comments addressing the information collection requirements of this Project must be received on or before September 11, 1998. Applications for participation in the Project must be submitted no later January 30, 1999. [Docket No. FHWA-97-2287; MC-96-40] 63 FR 37613.

SUMMARY: The FHWA is extending the application period for the Motor Carrier Regulatory Relief and Safety Demonstration Project (Project), published in the Federal Register on June 10, 1997. The agency is also seeking public comment upon proposed modifications to the entry criteria and reporting requirements of the Project. In the June 1997 notice, the FHWA indicated that it would later publish additional information clarifying the eligibility criteria and application process. This notice is that clarifying document and proposes to provide additional incentives to participating motor carriers without adversely impacting highway safety. 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 certain portions of 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 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 regarding these Project modifications, especially comments aimed at aiding the FHWA in providing substantive industry incentives while maintaining the highest degree of safety. Upon review of public comment, the FHWA intends to modify the project, authorize qualified motor carrier participation, and publish a supplemental notice of final determination.

TITLE: Intelligent Transportation Society of America; Public Meeting; Notice of Public Meeting; published: 07/06/98; 63 FR 36476.DATES: The Board of Directors of ITS AMERICA will meet on Wednesday, August 5, 1998, from 9:30 a.m.-noon. ADDRESSES: The Hyatt Regency Savannah, #2 W. Bay Street, Savannah, Georgia, 31401. Phone: (912) 238-1234. Fax: (912) 944-3678.

TITLE: Coach USA, Inc.--Control--Blue Bird Coach Lines, Inc.; Butler Motor Transit, Inc.; Gad-About Tours, Inc.; P&S Transportation, Inc.; Pittsburgh Transportation Charter Services, Inc.; Syracuse and Oswego Coach Lines, Inc.; Tippett Travel, Inc., d/b/a Marie's Charter Bus Lines; Tucker Transportation Co., Inc.; and Utica-Rome Bus Co., Inc.; Notice tentatively approving finance transaction; published by the Surface Transportation Board on 06/19/98; Comments must be filed by August 3, 1998. Applicant may file a reply by August 24, 1998. If no comments are filed by August 3, 1998, this notice is effective on that date; [STB Docket No. MC-F-20921]; 63 FR 33760.

SUMMARY: Coach USA, Inc. (Coach), a noncarrier, filed an application under 49 U.S.C. 14303 to acquire control of Blue Bird Coach Lines, Inc. (Blue Bird), Butler Motor Transit, Inc. (Butler), Gad-About Tours, Inc. (Gad-About), P&S Transportation, Inc. (P&S), Pittsburgh Transportation Charter Services, Inc. (PTCS), Syracuse and Oswego Coach Lines, Inc. (S&O), Tippett Travel, Inc., d/b/a Marie's Charter Bus Lines (Tippett), Tucker Transportation Co., Inc. (Tucker), and Utica-Rome Bus Co., Inc. (Utica-Rome), all motor passenger carriers. Persons wishing to oppose the application must follow the rules under 49 CFR part 1182, subparts B and C. The Board has tentatively approved the transaction, and, if no opposing comments are timely filed, this notice will be the final Board action.

TITLE: Waiver for Canadian Electric Utility Motor Carriers From Alcohol and Controlled Substances Testing; Notice of final determination; published: 06/11/98; Effective Date: 07/13/98; [FHWA Docket No. FHWA-97-3202] 63 FR 32038.

SUMMARY: The FHWA is waiving certain Canadian electric utility motor carriers and drivers from the alcohol and controlled substances testing requirements in connection with certain limited emergency operations. The FHWA received a petition from Hydro Quebec and Eastern Utilities Associates to waive these carriers. The FHWA received no comments to the proposed waiver. The FHWA will waive those Canadian electric utility motor carriers and drivers who enter the United States at the emergency request of a member New England Mutual Assistance Roster utility to quickly restore electric utility service for the New England electric utilities and their customers. The FHWA is taking this action in accordance with the Commercial Motor Vehicle Safety Act of 1986. This waiver for Canadian electric utility motor carriers extends only to the alcohol and controlled substances testing requirements for drivers required to be licensed under the commercial driver's license (CDL) requirements.

TITLE: Petition for Declaratory Order Regarding Application of Federal Motor Carrier Truth In-Leasing Regulations; Notice of denial of petition for declaratory order; published: 06/10/98; 63 FR 31827.

SUMMARY: The Owner-Operator Independent Drivers Association, Inc. (OOIDA), Howard Jenkins, Marshall Johnson, Susan Johnson and Jerry Vanboetzelaer filed with the FHWA a petition for declaratory order (the OOIDA petition) seeking a formal ruling by the FHWA that New Prime, Inc., dba Prime, Inc. (Prime) and Success Leasing, Inc. (Success) violated certain provisions of the federal motor carrier truth-in-leasing regulations (49 CFR part 376). This petition was filed after the U.S. District Court for the Western District of Missouri dismissed petitioners' class action complaint against Prime and Success, seeking enforcement of these regulations, on the ground that FHWA has primary jurisdiction to determine whether the regulations have been violated.

The FHWA is denying the OOIDA petition because it fails to raise any issues not adequately addressed by existing legal precedent which require the special expertise of this agency. Although denials of petitions for declaratory orders will not ordinarily be published in the Federal Register, the FHWA is publishing this decision to provide guidance to courts, carriers, owner-operators and other interested parties regarding the agency's general policy in handling such petitions, particularly those involving issues arising under the truth-in-leasing regulations. This policy applies to all petitions for declaratory orders, regardless of whether filed in connection with private litigation.

TITLE: Development of Functional Specifications for Performance-based Brake Testers Used To Inspect Commercial Motor Vehicles; Request for comments; 49 CFR Part 350; published: 06/05/98; Comment period ends 08/04/98; [FHWA Docket No. FHWA-98-3611]; 63 FR 30678.

SUMMARY: The FHWA is requesting public comment concerning the development of functional specifications for performance-based brake testing machines purchased with Federal funds through the FHWA's Motor Carrier Safety Assistance Program (MCSAP). The FHWA is nearing the completion of a multi-year research program to evaluate prototype performance-based brake testing technologies, including roller dynamometers, flat-plate brake testers, breakaway torque brake testers, an on-board electronic decelerometer, and an infrared brake temperature measurement system. To date, the FHWA has determined that certain performance-based brake testing machines are eligible for funding under MCSAP, but only as screening and sorting devices in commercial vehicle inspections. The FHWA is requesting public comments on generic functional specifications that would be applicable to a range of brake testing technologies. The States would use the functional specifications as guidelines to determine whether the purchase of a specific brake tester would be an eligible expense item under the MCSAP.

TITLE: Intelligent Transportation Society of America; Public Meeting; Notice of Public Meeting; published: 06/04/98; Meeting date: 07/08/98; 63 FR 30557.

TITLE: Qualification of Drivers; Waiver Applications; Vision; Notice of petitions and intent to grant applications for waiver; request for comments; published: 06/03/98; Comment period ends 07/06/98; [FHWA Docket No. FHWA-98-3637]; 63 FR 30285.

SUMMARY: This notice announces the FHWA's preliminary determination to grant the applications of twelve individuals for a waiver of the vision requirements in the Federal Motor Carrier Safety Regulations. Granting the waivers will enable these persons to qualify as drivers of commercial motor vehicles in interstate commerce without meeting the vision standard prescribed in 49 CFR 391.41(b)(10).

TITLE: Filing Procedures for the DOT Docket; Electronic Submission; Notice requesting comment; published: 05/26/98; Comment period ends 07/27/98; [Docket No. OST-96-1436]; 63 FR 28545.

SUMMARY: The Department of Transportation (DOT) is requesting the public to comment on its plan to revise its document filing requirements to provide for electronic submission of information to its central dockets management system (DMS). Electronic submission would provide more convenience than the current requirement to submit paper, by allowing DOT customers to file documents from their desktop computers. It also would streamline docket processing to accommodate the anticipated increases in volume.

TITLE: Truck Size and Weight Impact Methodology Review Conference; Notice of meeting; published 04/30/98; 63 FR 23822.

SUMMARY: The FHWA is announcing an informational meeting concerning the analytical procedures used to estimate the impact of potential changes to the Nation's truck size and weight (TS&W) limits on:

1. Freight diversion and mode share;
2. Safety and traffic operations;
3. Highway agency costs (pavement, bridge and roadway geometry);
4. Shipper costs and rail industry profitability;
5. Roadway geometry requirements;
6. Traffic operations; and
7. Environmental quality and energy consumption.

An understanding of these procedures is required to evaluate the illustrative TS&W scenarios which will be presented in the U.S. Department of Transportation's (U.S. DOT's) 1998 Comprehensive Truck Size & Weight (CTS&W) Study.

TITLE: Third Party CDL Knowledge and Skills Testing Pilot Project; Notice of intent to conduct a pilot project; request for comments; published 04/13/98; Comment period ends: 06/12/98; [FHWA Docket No. FHWA-98-3409]; 63 FR 18069.

SUMMARY: The Federal Highway Administration is proposing a pilot project to evaluate the use of third party testers to administer commercial driver's license (CDL) knowledge testing under certain conditions. The FHWA is proposing this action in response to requests from Arizona, Colorado and Florida. These States desire this added flexibility as a means to streamline State Government and improve customer services. Upon completion of the pilot project, the FHWA would evaluate the results and make a final determination as to whether the integrity of the CDL knowledge testing process and the security of the testing documents could be maintained under the administration of third party testers.

TITLE: Public Meeting To Discuss the Development of the North American Standard for Protection Against Shifting or Falling Cargo; Notice of meeting; 49 CFR Part 393; published 04/10/98; [FHWA Docket No. MC-96-41; FHWA-97-2289]; 63 FR 17812.

SUMMARY: The FHWA is announcing a public meeting concerning the development of the North American Standard for Protection Against Shifting or Falling Cargo. The meeting will include a review of the most recent version of the North American Standard for Protection Against Shifting or Falling Cargo and a discussion of issues related to the adoption of the guidelines by jurisdictions throughout North America.

TITLE: Driver History Initiative Projects; Fiscal Year 1998 Funding; Notice of solicitation; published 04/10/98; Deadline for proposals: 07/08/98; 63 FR 17474.

SUMMARY: This notice solicits proposals from States for projects to evaluate their current citation issuance, conviction process, and driver licensing procedures and policies in meeting the goal of timely, accurate, and complete reporting and recording of traffic convictions within a State and between States. Where deficiencies are identified, a State is to develop new or revised systems, procedures, and/or policies to improve the reporting and recording of traffic convictions. The FHWA will provide grant funds to the selected States to carry out the projects from funds set aside in the Department of Transportation and Related Agencies Appropriations Act, 1998 (Pub. L. 105-66, 111 Stat. 1425) for driver improvements and enhancements.

TITLE: Intelligent Transportation Society of America; Public Meeting; Notice of public meeting; published 04/08/98; 63 FR 17254.

TITLE: Intelligent Transportation Society of America; Public Meeting; Notice of public meeting; published 04/08/98; 63 FR 17255.

TITLE:  Global Positioning System (GPS) Technology; Notice of interpretation; request for participation in pilot demonstration project; 49 CFR Part 395; published 04/06/98; DATES: This interpretation is effective 04/06/98. Applications for participation in the pilot demonstration project will be accepted until 10/05/98; 63 FR 16697.

SUMMARY:  The FHWA believes global positioning system (GPS) technology and many of the complementary safety management computer systems currently being used by the motor carrier industry, provide at least the same degree of monitoring accuracy as the ``automatic on-board recorders'' allowed by the Federal Motor Carrier Safety Regulations (FMCSRs), 49 CFR 395.15. Accordingly, the FHWA is announcing a voluntary program under which a motor carrier with GPS technology and related safety management computer systems may enter into an agreement with the FHWA to use such systems in a pilot demonstration project to record and monitor drivers' hours of service in lieu of complying with the handwritten ``records of duty status'' requirement of the FMCSRs, 49 CFR 395.8. Consistent with the President's initiatives in reinventing government and regulatory reform, the project is intended to demonstrate whether the motor carrier industry can use the technology to improve compliance with the hours-of-service requirements in a manner which promotes safety and operational efficiency while reducing paperwork requirements.