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FINAL RULES

TITLE: Motor Carrier Safety Regulations; Revision of Chapter Heading and Removal of CFR Part; Final rule; 49 CFR Chapter III and Part 301; published: 12/29/99; Effective Date: 01/01/2000; [Docket No. OST-2000-6698]; 64 FR 72959.

SUMMARY: This document amends the heading for Chapter III concerning motor carrier safety regulations. On October 9, 1999, the Secretary of Transportation (Secretary) rescinded the authority previously delegated to the Federal Highway Administrator to perform motor carrier functions and operations, and to carry out the duties and powers related to motor carrier safety vested in the Secretary by chapters 5 and 315 of title 49, United States Code; and redelegated that authority to the Director, Office of Motor Carrier Safety, a new office within the Department of Transportation (Department). The title of chapter III, therefore, was changed from "Federal Highway Administration, Department of Transportation'' to "Office of Motor Carrier Safety, Department of Transportation'' on October 29, 1999. On December 9, 1999, the Motor Carrier Safety Improvement Act of 1999 established a new administration--the Federal Motor Carrier Safety Administration (FMCSA)--within the Department to improve the motor carrier safety program, effective January 1, 2000. Accordingly, the title of Chapter III is now being changed from "Office of Motor Carrier Safety, Department of Transportation'' to "Federal Motor Carrier Safety Administration, Department of Transportation'' to reflect the statutory changes noted above. The document also removes regulations that reference the organizational structure of the Federal Highway Administration (FHWA) so that new regulations may be added for the FMCSA.

TITLE: Motor Carrier Safety Regulations; 49 CFR Chapter III; Final rule; published: 10/29/99; Effective Date: 10/29/99; [Docket No. FMCSA-99-6386]; 64 FR 58355.

SUMMARY: This document amends the heading for chapter III concerning motor carrier safety regulations. On October 9, 1999, the Secretary of Transportation (Secretary) rescinded the authority previously delegated to the Federal Highway Administrator to perform motor carrier functions and operations, and redelegated that authority to the Director, Federal Motor Carrier Safety Administration, a new office within the Department of Transportation (Department). The title of chapter III is therefore being changed from "Federal Highway Administration, Department of Transportation" to "Federal Motor Carrier Safety Administration, Department of Transportation" to reflect the organizational changes.

TITLE: Organization and Delegation of Powers and Duties; Redelegation to the Director, Federal Motor Carrier Safety Administration; 49 CFR Part 1; Final rule: published: 10/29/99; Effective Date: 10/9/99; [Docket No. OST-1999-6189]; 64 FR 58356.

SUMMARY: The Secretary of Transportation (Secretary) redelegates to the Director, Federal Motor Carrier Safety Administration (FMCSA), the authority previously delegated by statute to the Federal Highway Administrator to carry out the duties and powers related to motor carrier safety vested in the Secretary by chapters 5 and 315 of title 49, United States Code. This action, combined with the Secretary's previous delegation to the FMCSA, enables that office to exercise all of the authority previously held by the Federal Highway Administration's Office of Motor Carriers.

TITLE: Organization and Delegation of Powers and Duties; Rescission of Delegation to the Administrator, Federal Highway Administration and Redelegation to Director, Federal Motor Carrier Safety Administration; 49 CFR 1; Final rule; published: 10/19/99; Effective Date: 10/9/99; [Docket No. OST-1999-6189]; 64 FR 56270.

SUMMARY: The Secretary of Transportation (Secretary) rescinds the currently delegated authority of the Federal Highway Administrator to perform motor carrier safety functions and operations and redelegates it to the Director of a new Federal Motor Carrier Safety Administration in the Department of Transportation. This action enables the Department to continue most of the activities performed by the Federal Highway Administration's Federal Motor Carrier Safety Administration consistently with section 338 of the FY 2000 Department of Transportation and Related Agencies Appropriations Act.

 TITLE: Truck Size and Weight; Definitions; Nondivisible; 23 CFR Part 658; Final rule; published: 09/09/99; Effective Date: 10/12/99; [FHWA Docket No. FHWA-99-4326]; 64 FR 48957

SUMMARY: This document amends the definition of nondivisible load or vehicle to include marked military equipment or materiel. This will allow, but not require, States to issue overweight permits for such vehicles or supplies to move on the Interstate System.

TITLE: Federal Motor Carrier Safety Regulations; Definition of Commercial Motor Vehicle; 49 CFR Part 390; Interim final rule; request for comments; published: 09/03/99; Effective Date: 09/03/99; [FHWA Docket No. FHWA-97-2858]; 64 FR 48510.

SUMMARY: The FHWA is amending the Federal Motor Carrier Safety Regulations (FMCSRs) to adopt the statutory definition of a commercial motor vehicle (CMV) found at 49 U.S.C. 31132. This action is in response to the Transportation Equity Act for the 21st Century (TEA- 21). Section 4008(a) of TEA-21 amended the definition of the term ``commercial motor vehicle'' to cover vehicles ``designed or used to transport more than 8 passengers (including the driver) for compensation.'' The FHWA is revising its regulatory definition of CMV to be consistent with the statute, but is exempting the operation of these small passenger-carrying vehicles from all of the FMCSRs for six months to allow time for the completion of a separate rulemaking action published elsewhere in today's Federal Register. As a result of this action, the applicability of the FMCSRs will be the same as before the enactment of TEA-21 until March 3, 2000. Therefore, entities that were not subject to the FMCSRs prior to the enactment of TEA-21 are not required to make any changes in their operations until that date.

TITLE: Commercial Driver Disqualification Provision; 49 CFR Parts 383 and 384; Final rule; published: 09/02/99; Effective Date: 10/04/99; [FHWA Docket No. FHWA-97-3103]; 64 FR 48104.

SUMMARY: The FHWA revises its regulations to require that commercial motor vehicle (CMV) drivers who are convicted of violating Federal, State, or local laws or regulations pertaining to railroad-highway grade crossings be disqualified from operating a CMV. Penalties also will be assessed 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 final rule completes an action initiated in response to the requirements specified in section 403 of the ICC Termination Act (ICCTA) of 1995. The purpose of this action is to enhance the safety of CMV operations on our nation's highways.

Title: Parts and Accessories Necessary for Safe Operation; Rear Impact Guards and Rear Impact Protection; 49 CFR Part 393; Final rule; published: 09/01/99; Effective Date: 10/01/99; [FHWA Docket No. FHWA-97-3201]; 64 FR 47703.

SUMMARY: The FHWA is amending 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 must 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 and semitrailers manufactured before January 26, 1998, motor carriers are not required to retrofit a rear impact guard that conforms to FMVSS No. 223. However, motor carriers operating these trailers and semitrailers are required to continue complying with the FHWA's requirements for rear end protection on CMVs that are not covered by FMVSSs Nos. 223 and 224.

Title: Inspection, Repair and Maintenance; CFR Correction; 49 CFR Part 396; published 08/19/99; 64 FR 45207.

SUMMARY: The following text was omitted from the text of the Code of Federal Regulations. In Title 49 of the Code of Federal Regulations, parts 200 to 399, revised as of October 1, 1998, on page 900, section 396.19 is corrected by reinstating the correct text of paragraph (b) to read as follows:

396.19 Inspector qualifications.

* * * * *

(b) Evidence of that individual's qualifications under this section shall be retained by the motor carrier for the period during which that individual is performing annual motor vehicle inspections for the motor carrier, and for one year thereafter. However, motor carriers do not have to maintain documentation of inspector qualifications for those inspections performed either as part of a State periodic inspection program or at the roadside as part of a random roadside inspection program.

Title:  Parts and Accessories Necessary for Safe Operation; Lighting Devices, Reflectors, and Electrical Equipment; Final Rule; (popularly known as the "Conspicuity Rule") 49 CFR Part 393; published 03/31/99; Effective Date:  6/1/99; [FHWA Docket No. MC-94-1; FHWA-1997-2222]; 64 FR 15587.

SUMMARY:The FHWA is amending 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 semitrailers and 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 requiring that motor carriers install retroreflective tape or reflex reflectors within two years of the effective date of this rule. The agency is allowing motor carriers a certain amount of flexibility in terms of the colors or color combinations during a 10-year period beginning on the effective date of this rule, but is requiring that all older trailers be 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 tape or reflex reflectors must be applied to trailers during the phase-in period is 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:  Revision to Reporting Requirements for Motor Carriers of Property and Household Goods; Final Rule; 49 CFR Part 1420; published 03/23/99; Effective Date:  04/22/99; [Docket No. BTS-98-4659] 64 FR 13916.

SUMMARY:  The ICC Termination Act of 1995 transferred the motor carrier financial and operating data collection program to the Department of Transportation and made several changes to it. This final rule revises the data collection forms and reduces the reporting requirements. Class I and Class II motor carriers of property are now required to file a revised annual report form called Form M. Class I carriers are also required to file quarterly report Form QFR, which has been substantially reduced. The rules also adopt a system whereby motor carriers can request exemptions from filing and from public release of their reported data.

TITLE:  Fees for Services Performed in Connection With Motor Carrier Registration and Insurance; Final Rule; 49 CFR Part 360; published 02/12/99; Effective Date:  03/15/99; 64 FR 7134.

SUMMARY:  This document adopts filing fees and fee collection regulations for the motor carrier registration and insurance functions transferred to the FHWA as a result of the enactment of the ICC Termination Act of 1995 (ICCTA). The effect of this rule is to make these fees and regulations applicable to registration and insurance filings made with the FHWA.

TITLE:  Truck Size and Weight; National Network; North Dakota; Final rule; 23 CFR Part 658; published 12/30/98; Effective Date:  1/29/99; 63 FR 71746.

SUMMARY:  This document modifies 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 adds one segment to the National Network as requested by the State of North Dakota.

PROPOSED RULES

TITLE: Procedures for Transportation Workplace Drug and Alcohol Testing Programs; Proposed Rules; 49 CFR Part 40; Notice of proposed rulemaking; published: 12/09/99; Comments due: 04/07/2000; [Docket OST-99-6578]; 64 FR 69076.

SUMMARY: The Department of Transportation proposes to revise its drug and alcohol testing procedures regulation. The purposes of the revision are to make the organization and language of the regulation clearer, to incorporate guidance and interpretations of the rule into its text, and to update the rule to include new provisions responding to changes in technology, the testing industry, and the Department's program.

TITLE: Railroad-Highway Grade Crossing; Safe Clearance; Public Meeting; 49 CFR Part 392; Proposed rule; public meeting; published: 10/29/99; Meeting Date: The meeting will be held on Tuesday, November 9, 1999. The meeting will begin at 9:30 a.m. and end at 4:30 p.m.; [Docket No. FMCSA-98-4202]; 64 FR 58372.

SUMMARY: This document announces a public meeting to discuss the problem of railroad-highway grade crossing crashes involving commercial motor vehicles (CMVs) in general, and specifically crashes in which the CMV was struck by a train because the driver of the CMV, for whatever reason, stopped the vehicle prior to clearing the railroad track. The meeting is intended to promote the sharing of information between the Federal Motor Carrier Safety Administration (FMCSA), the Federal Highway Administration (FHWA), the Federal Railroad Administration (FRA); State agencies with responsibilities related to railroad-highway grade crossing safety; motor carriers, and rail carriers; and interested parties concerning the adequacy of current Federal and State laws and regulations governing the operation of CMVs at grade crossings, and devices and technologies that could be installed at these locations to help reduce the incidence of CMV-train crashes. The meeting will include presentations by the FMCSA, the FHWA, and the FRA explaining their respective roles. The agencies would provide all interested parties with an opportunity to voice their concerns about the adequacy of current Federal and State requirements and present suggestions or recommendations for practical ways to reduce the incidence of railroad- highway grade crossing crashes.

TITLE: Federal Motor Carrier Safety Regulations; Requirements for Operators of Small Passenger-Carrying Commercial Motor Vehicles; Notice of proposed rulemaking; request for comments; 49 CFR Part 390; published 09/03/99; Comment period ends 11/02/99; [FHWA Docket No. FHWA 99-5710]; 64 FR 48518.

SUMMARY: The FHWA is proposing to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to require that motor carriers operating commercial motor vehicles (CMVs) designed or used to transport between 9 and 15 passengers (including the driver) for compensation file a motor carrier identification report, mark their CMVs with a USDOT identification number and certain other information (i.e., name or trade name and address of the principal place of business), and maintain an accident register. This action is in response to the Transportation Equity Act for the 21st Century (TEA–21). Section 4008(a) of TEA–21 amended the definition of the term ‘commercial motor vehicle’ to cover these vehicles. In a separate document published elsewhere in today’s Federal Register the FHWA is adopting the statutory definition of a CMV found at 49 U.S.C. 31132 to be consistent with the statute, but is exempting for six months the operation of these small passenger-carrying vehicles from all of the FMCSRs, to allow time for the completion of this rulemaking.

 TITLE: Safety Fitness Procedures; Notice of proposed rulemaking (NPRM); request for comments; 49 CFR Parts 385 and 390; published 08/16/99; Comment period ends 09/15/99; [FHWA Docket No. FHWA-99-5467]; 64 FR 44460.

SUMMARY: The FHWA proposes to implement section 4009 of the Transportation Equity Act for the 21st Century (TEA-21) by amending the safety fitness procedures of the Federal Motor Carrier Safety Regulations. This action would prohibit all motor carriers found by the Secretary to be unfit from operating commercial motor vehicles (CMVs) in interstate commerce. The FHWA is proposing to treat an unsatisfactory safety rating under the safety fitness procedure regulations as a determination of unfitness. The FHWA also would revise the listing for locations of motor carrier and highway safety field offices to reflect recent changes to the Federal Highway Administration organizational structure.

TITLE:  Drug and Alcohol Testing Procedures; Advance notice of proposed rulemaking (ANPRM); 49 CFR Part 40; published:  06/03/99; Comment period ends 08/02/99; [OST Docket No. OST-99-5742; Notice 99-4]; 64 FR 29831.

SUMMARY:  This advance notice solicits public comments on a proposed procedure that organizations certifying substance abuse professionals (SAPs) could use to have members included in the Department of Transportation's substance abuse professional (SAP) definition. The Department proposes to require such organizations to obtain a National Commission for Certifying Agencies (NCCA) accreditation as a prerequisite for having the DOT review their petitions for inclusion of their members as SAPs in the Department's drug and alcohol testing program.

TITLE:General Requirements; Inspection, Repair, and Maintenance; Intermodal Container Chassis and Trailers; Extension of comment period; 49 CFR Parts 390 and 396; published 05/05/99; Comment period extended to:   08/30/99; [FHWA Docket No. FHWA-98-3656]; 64 FR 24128.

SUMMARY:  The FHWA is extending the comment period for its February 17, 1999, advance notice of proposed rulemaking (ANPRM) in which the agency announced that it was considering revisions to the requirements in parts 390 and 396 of the Federal Motor Carrier Safety Regulations (FMCSRs) that place upon motor carriers the responsibility for maintaining intermodal container chassis and trailers. The rulemaking was initiated in response to a petition filed by the American Trucking Associations, Inc. (ATA) and the ATA Intermodal Conference (the petitioners). In the petition, the petitioners contend that motor carriers have no opportunity to maintain this equipment and parties who do have the opportunity often fail to do so. The petitioners now request that the FHWA extend the comment period to allow them additional time to collect and analyze certain data needed to respond to the specific questions asked in the ANPRM. In response to the petitioners' request for an extended comment period, the National Association of Waterfront Employers (NAWE) and the National Maritime Safety Association (NMSA) also requested an extension of time to file their comments, but 30 days beyond anytime the FHWA may grant to the petitioners. The FHWA has determined that granting an extension is appropriate given the types of questions asked in the ANPRM and the need for informed responses from potential commenters. The FHWA also has determined that granting the NAWE and the NMSA a further 30-day extension beyond that afforded to petitioners is not appropriate.

TITLE: Qualifications of Motor Carriers to Self-Insure Their Operations and Fees to Support the Approval and Compliance Process; Notice of proposed rulemaking (NPRM); request for comments; 49 CFR Parts 360 and 387; published 05/05/99; Comment period ends:  07/06/99; [Docket No. FHWA-97-2923; MC-97-11]; 64 FR 24123. 

SUMMARY:  This document proposes to identify circumstances in which the public is subjected to an unacceptable level of risk of uncompensated losses generated from bodily injury and property damage (BI&PD) claims arising from the actions of for-hire motor carriers conducting self-insured operations in interstate or foreign commerce. More specifically, the FHWA seeks public comment on a proposal to reevaluate the security and collateral requirements of any self-insured carrier that fails to generate from operations, after payment of all expenses except annual self-insurance claims expenses, twice the level of cash needed to pay the self-insurance claims. The FHWA also proposes to assess an additional application fee to cover carrier requests for modifications and alterations to self-insurance authorizations which require a reevaluation of the carrier's financial condition. The FHWA can now do the basic first-time self-insurance application for $3,000. This amount is $1,200 less than the $4,200 fee the FHWA currently charges. Thus, the agency is also proposing to reduce the fee for processing the initial application to $3,000 for an economic cost savings. The proposed actions will not apply to carriers authorized to self-insure cargo-only claims. The requirements for cargo-only self-insurance are not substantial because the required cargo coverage is relatively small. Consequently, the expenses for reviewing cargo-only applications are not significant. Further, the risk of an unacceptable level of uncompensated self-insurance cargo claims is low.

Finally, this NPRM would also propose implementing additional procedures necessary for motor carriers to establish billing accounts to pay all insurance-related fees required by the Federal Highway Administration. A schedule of filing fees and general instructions regarding payment are provided.

TITLE:  Hazardous Materials: Revisions to the Incident Reporting Requirements and the DetailedHazardous Materials Incident Report DOT Form F 5800.1; Advance notice of proposed rulemaking; 49 CFR Part 171; published 03/23/99; Comment period ends:   06/21/99; [Docket No. RSPA-99-5013 (HM-229)] 64 FR 13943.

SUMMARY:  This ANPRM solicits comments on the merits of revising the current incident reporting requirements of the Hazardous Materials Regulations and the Hazardous Materials Incident Report form (DOT Form F 5800.1). The Federal hazardous material transportation law requires the Secretary of Transportation to maintain a facility and technical staff sufficient to maintain a central reporting system to develop a statistical compilation on casualties and conduct reviews on hazardous materials transportation. Any changes resulting from this rulemaking are intended to increase the usefulness of data collected for risk analysis and management by government and industry and, where possible, provide relief from regulatory requirements.

TITLE:  Revision to Reporting Requirements for Motor Carriers of Property and Household Goods; Supplemental notice of proposed rulemaking; 49 CFR Part 1420; published 03/23/99; Comment period ends:  04/22/99; [Docket No. BTS-98-4659]; 64 FR 13948.

SUMMARY:The Bureau of Transportation Statistics (BTS) collects data from motor carriers of property on annual report Form M and quarterly report Form QFR. BTS proposes to adopt measures concerning what data from those forms are made publicly available. Summary information, where information cannot be readily matched to an individual carrier, would always be made available. However, the proposed rules would restrict access to individual carrier data for some of the operating statistics, revenue equipment, and employment data items. Access to these data items would be limited to the Department of Transportation (DOT) and to such persons and in such circumstances as DOT determines to be in the public interest or consistent with the Department's regulatory functions and responsibilities.

TITLE:  Hazardous Materials:   Revision to Regulations Governing Transportation and Unloading of Compressed Liquefied Gases; Notice of proposed rulemaking (NPRM); 49 CFR Parts 171, 173, 178, and 180; published 03/22/99; Effective Date:  04/21/99; [Docket No. RSPA–97–2718 (HM–225A)]; 64 FR 13856.

SUMMARY:  and make the regulatory requirements easier to understand and comply with.

TITLE:  Motor Carrier Safety Assistance Program (MCSAP); Notice of proposed rulemaking (NPRM); request for comments; 49 CFR Part 350; published 03/09/99; Comment period ends:   05/10/99; [FHWA Docket No.  FHWA-98-4878]; 64 FR 11414.

SUMMARY:  The FHWA proposes to amend the regulations governing the Motor Carrier Safety Assistance Program (MCSAP) by incorporating provisions of the Transportation Equity Act for the 21st Century (TEA-21), Pub. L. 105-178, 112 Stat. 107 (1998). This action would broaden the scope of the MCSAP beyond enforcement activities and programs by requiring participating States to assume greater responsibility for improving motor carrier safety. Proposed amendments would require States to develop performance-based plans reflecting national priorities and performance goals, revise the MCSAP funding distribution formula, and create a new incentive funding program. The effect of this action would be to implement the performance-based program requirements of TEA-21 and provide States greater flexibility in designing programs to address national and State goals for reducing the number and severity of commercial motor vehicle (CMV) crashes. Many of these revisions have a congressionally mandated deadline of FY 2000 (October 1, 1999).

TITLE:  General Requirements Inspection, Repair, and Maintenance; Intermodal Container Chassis and Trailers; Advanced Notice of Proposed Rulemaking (ANPRM); Request for comments; 49 CFR Parts 390 and 396; published 02/17/99; Comment period ends:  04/19/99; [FHWA Docket No. FHWA-98-3656]; 64 FR 7849.

SUMMARY: In response to a petition for rulemaking filed by the American Trucking Associations, Inc. (ATA) and the ATA Intermodal Conference (the petitioners), the FHWA agreed to consider revisions to the requirements in parts 390 and 396 of the Federal Motor Carrier Safety Regulations (FMCSRs) that place upon motor carriers the responsibility for maintaining intermodal container chassis and trailers. The petitioners contend that motor carriers have no opportunity to maintain this equipment and that the parties who do have the opportunity often fail to do so. The FHWA, therefore, is seeking information on the extent of this problem and public comments on the solution proposed by petitioners, i.e., to mandate joint responsibility between the "equipment provider'' and the motor carrier for maintaining this type of intermodal equipment.

NOTICES - GENERAL

TITLE: Hours-of-Service of Drivers; Exemption Application from Van Wyk Freight Lines, Inc.; Notice of application for exemption and proposal to deny exemption; request for comments; published: 12/27/99; Comments due by: 01/26/2000; OMCS Docket No. OMCS-99-6579; 64 FR 72373.

SUMMARY: The OMCS is announcing its proposal to deny the application of Van Wyk Freight Lines, Inc. (Van Wyk) for an exemption from the records of duty status (log book) provisions of the hours-of-service regulations. Van Wyk indicated that its drivers meet all of the maximum driving time limitations in the Federal Motor Carrier Safety Regulations (FMCSRs) and that it satisfies three of the five conditions for using the OMCS' 100 air-mile radius driver exception to the requirement for log books. Van Wyk's drivers exceed the 100 air-mile distance, and the 12 hours on-duty limitations in the exception. Van Wyk believes its computerized payroll records, and compliance with the remaining conditions listed in the 100 air-mile radius driver exception would achieve a level of safety comparable to that provided under the exception. The OMCS proposes to deny the exemption because Van Wyk did not explain how it would ensure that it could achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the 100-air mile radius exception to the log book requirements. Also, Van Wyk did not describe the impacts (e.g., inability to test innovative safety management control systems, etc.) it could experience if the exemption is not granted by the OMCS. The exemption, if granted, would preempt inconsistent State and local requirements applicable to interstate commerce.

TITLE: Controlled Substances and Alcohol Use and Testing; PacifiCorp Electric Operations' Exemption Application; Random Testing of Drivers; Notice of application for exemption and proposal to deny exemption; request for comments; published: 12/20/99; Comments due by: 01/19/2000; [FMCSA Docket No. FMCSA -99-6354]; 64 FR 71181.

SUMMARY: The FMCSA is announcing its proposal to deny the application of PacifiCorp Electric Operations (PacifiCorp) for an exemption from the FMCSA' controlled substances and alcohol random testing requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). PacifiCorp has requested an exemption because the company believes it has a low percentage of positive random test results since testing was initiated. PacifiCorp's positive rate for random controlled substances tests is 1 percent and its positive rate for random alcohol tests is 0.8 percent. The company requested regulatory relief but did not offer alternatives that would have comparable deterrent effects. The FMCSA intends to deny the exemption because PacifiCorp did not explain how it would achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the random controlled substances and alcohol testing requirements.

TITLE: Parts and Accessories Necessary for Safe Operation; Ford Motor Company's Exemption Applications; Minimum Fuel Tank Fill Rate and Certification Labeling; Grant of applications for exemptions; published: 12/20/99; Effective Date: 12/20/99; Expiration Date of Exemption: 12/20/2001; 64 FR 71184.

SUMMARY: The FMCSA is granting the applications of the Ford Motor Company (Ford) for exemptions from certain fuel tank design and certification labeling requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemptions enable motor carriers to operate commercial motor vehicles (CMVs) manufactured by Ford, and equipped with fuel tanks that do not meet the FMCSA' requirements that fuel tanks be capable of receiving fuel at a rate of at least 20 gallons per minute, and be labeled or marked by the manufacturer to certify compliance with the design criteria. The FMCSA believes the terms and conditions of the exemptions achieve a level of safety that is equivalent to the level of safety that would be achieved by complying with the regulations. The exemptions preempt inconsistent State and local requirements applicable to interstate commerce.

TITLE: Parts and Accessories Necessary for Safe Operation; General Motors Corporation's Exemption Application; Minimum Fuel Tank Fill Rate and Certification Labeling; Notice of application for exemption and proposal to grant exemption; request for comments; published: 12/20/99; Comments due by: 01/09/2000; [FMCSA Docket No. FMCSA-99-6285]; 64 FR 71186.

SUMMARY: The FMCSA is announcing its proposal to grant the application of the General Motors Corporation (GM) for an exemption from certain fuel tank design and certification labeling requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemption would enable motor carriers to operate commercial motor vehicles (CMVs) manufactured by GM, and equipped with fuel tanks that do not meet the FMCSA' requirements that fuel tanks be capable of receiving fuel at a rate of at least 20 gallons per minute, and be labeled or marked by the manufacturer to certify compliance with the design criteria. The FMCSA believes the terms and conditions of the exemptions being considered achieve a level of safety that is equivalent to the level of safety that would be achieved by complying with the regulations and requests public comment on GM's application. The exemption, if granted, would preempt inconsistent State and local requirements applicable to interstate commerce.

TITLE: Qualification of Drivers; Exemption Applications; Vision; Notice of final disposition; published: 12/13/99; [FMCSA Docket No. 99-5473 (formerly FHWA Docket No. 99-5473)]; 64 FR 69586.

SUMMARY: The FMCSA announces its decision to exempt James F. Durham from the vision requirement in 49 CFR 391.41(b)(10).

TITLE: Qualification of Drivers; Exemption Applications; Vision; Notice of petitions and intent to grant applications for exemption; request for comments; published: 12/06/99; Comments due: 01/05/2000; [FMCSA Docket No. FMCSA-99-6480]; 64 FR 68195.

SUMMARY: This notice announces the preliminary determination to grant the applications of 34 individuals for an exemption from the vision requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). 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: 11/30/99; Effective Date: 11/30/99;[FMCSA Docket No. 99-5748 (formerly FHWA Docket No. 99-5748)]; 64 FR 66962.

SUMMARY: The FMCSA announces its decision to exempt 33 individuals from the vision requirement in 49 CFR 391.41(b)(10).

TITLE: Federal Drug Testing Custody and Control Form; Notice of proposed revision; published: 11/15/99; Comments due: 01/14/2000; 64 FR 61916.

SUMMARY: 1, 2, 3, 4, 5, and 6 have a Paperwork Reduction Act Notice statement, the reverse side of Copy 5 has a Privacy Act Statement (for Federal employees only), and the reverse side of Copy 7 has instructions for completing the CCF. Additionally, the tamper-evident specimen bottle seal(s)/label(s) are attached to the right side of Copy 1. This notice provides proposed changes to the current Federal CCF. It incorporates changes based on the HHS and DOT experiences during the past several years as well as many of the recommendations developed by industry representatives (i.e., users and suppliers of the Federal CCF) at two working group meetings held in January and March 1999. The Substance Abuse and Mental Health Services Administration (SAMHSA) believes the proposed changes will make the Federal CCF easier to use and will more accurately reflect the collection process and how results are reported by the drug testing laboratories. The proposed form is provided in Appendix A.

TITLE: Orders in Motor Carrier Safety Enforcement Cases; Notice of availability of Federal Highway Administration and Federal Motor Carrier Safety Administration decisions and orders, as well as pending cases; published: 11/19/99; 64 FR 63371.

SUMMARY: This document gives notice of the decisions and orders served from September 10, 1993, to the present, as well as pending cases, concerning the Federal Motor Carrier Safety Regulations and the Hazardous Materials Regulations. The orders are those issued by the Associate Administrator for Motor Carriers, the Program Manager, Motor Carrier and Highway Safety, and the Director, Federal Motor Carrier Safety Administration. Also available are decisions rendered by Administrative Law Judges. These decisions, orders, and pending cases may be viewed and copied through the Department of Transportation's Docket Management System (DMS). The Docket Management System is an electronic, image- based database in which all DOT docket information is stored for easy research and retrieval. Information on logging into the Docket Management System in order to retrieve the full text of these decisions is provided under SUPPLEMENTARY INFORMATION.

TITLE: Public Meetings To Discuss Responsibilities for the Inspection, Repair, and Maintenance of Intermodal Container Chassis and Trailers; 49 CFR Chapter III, Notice of public listening sessions; published: 10/20/99; [FHWA Docket No. FHWA-98-3656], 64 FR 56478.

SUMMARY: The Office of the Secretary is announcing a series of public meetings for motor carriers, businesses that offer intermodal container chassis and trailers for transportation, and interested parties to discuss current inspection, repair, and maintenance practices in the intermodal transportation industry for ensuring that chassis and trailers are in safe and proper operating condition at all times. Representatives from the Federal Highway Administration, Federal Railroad Administration (FRA), Maritime Administration (MARAD), and the Office of the Secretary of Transportation (OST) will participate in the listening sessions which are intended to help the DOT broaden its knowledge of the safety implications of industry practices where terminal operators or other parties tender intermodal equipment (container chassis and trailers) to motor carriers. All oral comments will be transcribed and placed in the public docket identified at the beginning of this notice.

DATES:

November 2, 1999, in Seattle, Washington
November 9, 1999, in Des Plaines (Chicago), Illinois
November 15, 1999, in Jamaica (New York City), New York;

 TITLE: Qualification of Drivers; Exemption Applications; Vision; Notice of petitions and intent to grant applications for exemption; request for comments; published: 10/08/99; [FHWA Docket No. FHWA-99-6156]; 64 FR 54948.

SUMMARY: This notice announces the FHWA's preliminary determination to grant the applications of 40 individuals for an exemption from the vision requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). 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: 09/23/99; [FHWA Docket No. FHWA-99-5578]; 64 FR 51568.

SUMMARY: The FHWA announces its decision to exempt 32 individuals from the vision requirement in 49 CFR 391.41(b)(10).

TITLE: Parts and Accessories Necessary for Safe Operation; Exemption Applications; Minimum Fuel Tank Fill Rate and Certification Labeling; Notice of applications for exemptions and intent to grant exemptions; request for comments; published: 08/10/99; Comment period ends 9/9/99; [FHWA Docket No. FHWA-99-5867]; 64 FR 43417.

SUMMARY: The FHWA is announcing its preliminary determination to grant the applications of the Ford Motor Company (Ford) for exemptions from certain fuel tank design and certification labeling requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemptions would enable motor carriers to operate commercial motor vehicles (CMVs) manufactured by Ford, and equipped with fuel tanks that do not meet the FHWA's requirements that fuel tanks be capable of receiving fuel at a rate of at least 20 gallons per minute, and be labeled or marked by the manufacturer to certify compliance with the design criteria. The FHWA believes the terms and conditions of the exemptions being considered achieve a level of safety that is equivalent to the level of safety that would be achieved by complying with the regulations and requests public comment on Ford's applications. The exemption, if granted, would preempt inconsistent State and local requirements applicable to interstate commerce.

TITLE: Hours of Service of Drivers; Exemption Application From Hulcher Services, Inc.; Notice of application for exemption and intent to deny exemption; request for comments; published: 07/30/99; Comment period ends 08/30/99; [FHWA Docket No. FHWA-99-5880]; 64 FR 41483.

SUMMARY: The FHWA is announcing its preliminary determination to deny the application of Hulcher Services, Inc. (Hulcher) for an exemption from the maximum driving time limitations in the Federal Motor Carrier Safety Regulations (FMCSRs). Hulcher requested an exemption because it believes the current requirements interfere with the efficiency and effectiveness of the company's core business, emergency and disaster response to railroad accidents. The FHWA intends to deny the exemption because Hulcher did not explain how it would ensure that it could achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the hours-of- service regulations. Also, Hulcher did not describe the impacts (e.g., inability to test innovative safety management control systems, etc.) it could experience if the exemption is not granted by the FHWA. The exemption, if granted, would preempt inconsistent State and local requirements applicable to interstate commerce.

TITLE: Qualification of Drivers; Exemption Applications; Vision; Notice of petitions and intent to grant applications for exemption; request for comments; published: 07/26/99; Comments must be received on or before 08/25/99; [FHWA Docket No. FHWA-99-5748]; 64 FR 40404.

SUMMARY: This notice announces the FHWA's preliminary determination to grant the applications of 33 individuals for an exemption from the vision requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). 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: 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; published: 07/13/99; Applications must be received on or before 12/31/99; 64 FR 37689.

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:Fatigue Reducing Technologies; Request for information; published: 07/01/99; Comment period ends: 08/30/99; 64 FR 35708; FHWA Docket No. 99-5057

SUMMARY: In accordance with section 4021(a) of the Transportation Equity Act for the 21st Century (TEA-21), the FHWA seeks information about technologies that may reduce commercial motor vehicle (CMV) driver fatigue, while also lowering CMV emissions and reducing fuel consumption. The FHWA believes that many such technologies may exist in various stages of development and would like to obtain more information about them.

TITLE:  Adequacy of Truck Parking Facilities; Notice of Conference; Notice of conference; published:   05/25/99; Conference date:  June 29-30, 1999; 64 FR 28237.

SUMMARY:  This notice is an invitation to participate in a 1 day commercial truck Rest Area Forum, to be held in Atlanta, Georgia. The forum will address the issue of how best to improve the availability and safety of commercial vehicle parking along the Nation's highways.

TITLE:  Qualification of Drivers; Exemption Application; Vision; Notice of petition and intent to grant application for exemption; request for comments; published 05/18/99; Comment period ends 06/17/99; [FHWA Docket No. FHWA-99-5473]; 64 FR 27025.

SUMMARY:This notice announces the FHWA's preliminary determination to grant the application of James F. Durham for an exemption from the vision requirements in the Federal Motor Carrier Safety Regulations (FMCSR). Granting the exemption will enable Mr. Durham to qualify as a driver 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 petitions and intent to grant applications for exemption; request for comments; published 05/18/99; Comment period ends 06/17/99; [FHWA Docket No. FHWA-99-5578]; 64 FR 27027.

SUMMARY:This notice announces the FHWA's preliminary determination to grant the applications of 32 individuals for an exemption from the vision requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). 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:  Driver History Initiative Projects; Fiscal Year 1999 Funding; Notice of solicitation; published 05/12/99; Proposals must be submitted on or before August 10, 1999; 64 FR 25530.

SUMMARY: This notice solicits proposals from States for projects to improve the timeliness, accuracy, and completeness of reporting and recording of commercial motor vehicle (CMV) traffic convictions within a State and between States. Where safety and identification of traffic offenders can be improved, these grants would provide funding to assist States to improve the reporting and recording of traffic convictions. The FHWA, in partnership with the National Highway Traffic Safety Administration (NHTSA), will provide grant funds to the selected States to carry out the projects for driver improvements and enhancements.

TITLE:  Qualification of Drivers; Exemption Applications; Vision; Notice of final disposition; published 04/05/99; [FHWA Docket No. FHWA-98-4334]; 64 FR 16517.

SUMMARY:The FHWA announces its decision to exempt 23 individuals from the vision requirement in 49 CFR 391.41(b)(10).

TITLE:  Comprehensive Truck Size and Weight Study; Availability of Volume III, Scenario Analysis; Notice; extension of comment period; published  03/12/99; Comment period extended to:  04/15/99; [FHWA Docket No. FHWA-98-4498; FHWA-95-5]; 64 FR 12399.

SUMMARY:The FHWA is announcing the extension of the period for public comment on draft Volume III, Scenario Analysis, of the Comprehensive Truck Size and Weight (TS&W) Study. The original date for closing the comment period was March 16, as published in the January 15, 1999, Federal Register (64 FR 2699). This extension is in response to requests for additional time to submit comments. The FHWA believes that an additional 30 days will permit interested persons reasonable time to provide meaningful comments.

Volume III describes the analytical framework used to evaluate a set of alternative TS&W scenarios selected for review by the DOT. The impacts of five different scenarios have been assessed and compared to the status quo. The results of DOT's analysis are presented in Volume III. Those who have already submitted comments may supplement them.

TITLE:  Ocular-based Measures of Driver Alertness; Notice of Conference and Request for Submissions; Notice of conference and request for submissions; published 01/28/99; Conference will be held on April 26-27, 1999.  Each day's session will begin at 9:00 a.m. and end at 5:00 p.m.  Papers and technology demonstration proposals/abstracts must be received on or before March 1, 1999; 64 FR 4488.

SUMMARY:  This notice is both an invitation to participate in a conference addressing ocular-based measures of driver alertness and a request for submissions to be presented/demonstrated at the conference.  The conference is being sponsored by the FHWA's Office of Motor Carriers and the National Highway Traffic Safety Administration's (NHTSA) Office of Vehicle Safety Research (formerly, the Office of Crash Avoidance). The purpose of the conference is to (1) share recent FHWA/NHTSA findings regarding the validity of eye-based measures of driver alertness, (2) share recent FHWA and NHTSA technology developments in this area, (3) identify and provide information about other Research and Technology (R&T) studies relevant to in-vehicle alertness monitoring, (4) review the overall state-of-the-art of in-vehicle alertness monitoring, (5) review concepts for feedback of alertness information to drivers and other proposed features of the driver-vehicle interface, and (6) review concepts for the successful and user-acceptable introduction of in-vehicle alertness monitoring systems to commercial motor carrier fleets.

TITLE:  Transportation Equity Act for the 21st Century; Federal Highway Post-Accident Alcohol Testing Study; Notice; request for comments; published 1/27/99; Comment period ends:   3/29/99; [FHWA Docket No. FHWA-98-4839]; 64 FR 4173.

SUMMARY:  This notice invites public comments on issues relating to the legislative requirement to conduct a study and report to the Congress on the feasibility of utilizing law enforcement officers for conducting post-accident alcohol testing of commercial motor vehicle operators provided in section 4020 of the Transportation Equity Act for the 21st Century (TEA-21), Pub. L. 105-178, 112 Stat.107, 414. The FHWA is initiating the study and would like all comments to address the following issues:

(1) The impact of current post-accident alcohol testing requirements on commercial motor carrier employers, including any burden that they may encounter in attempting to perform an alcohol test within two hours of an accident; and

(2) The feasibility of utilizing law-enforcement officers for conducting post-accident alcohol testing of commercial motor vehicle operators as a method of obtaining more timely information.

TITLE:  Comprehensive Truck Size and Weight Study; Availability of Volume III, Scenario Analysis; Notice; request for comments; published 1/15/99; Comments must be received by March 16, 1999 in order to be considered for inclusion in the final draft of the Volume III document; [FHWA Docket No. FHWA-98-4498; FHWA-95-5]; 64 FR 2699.

SUMMARY: The FHWA is announcing the availability of a draft of Volume III, Scenario Analysis of the report for the Comprehensive Truck Size and Weight (TS&W) Study (October 1998) for review and comment. The document will be mailed to individuals that have previously expressed an interest in the study.

Volume III presents a description of the analytical framework used to evaluate a set of alternative TS&W options selected for review by the DOT. Data and analytical tools have been developed to evaluate critical impact areas: highway agency costs (pavement preservation, bridge protection and geometric requirements), externalities (safety of the system, environmental quality, energy consumption and traffic flow) and economic impact (rail competitiveness and shipper costs). For each of five scenarios, the impacts, as delineated above, have been assessed and compared to a status quo baseline. These findings are presented in Volume III. The DOT identified three illustrative core scenarios for initial evaluation. In addition, two policy proposals, initiated by external groups, were targeted for analysis. Scenarios were specified using a building block approach which includes configuration, highway network, and geographic options.

SUMMARY: The FHWA is announcing the motor carrier industry's 1994, 1995, and 1996 controlled substances and alcohol testing positive rates. The controlled substances testing positive rate was 2.6 percent in calendar year 1994, 2.8 percent in 1995, and 2.2 percent in 1996. The alcohol testing ``violation'' rate was 0.14 percent in 1995, and 0.18 percent in 1996. Because the violation rate was below 0.5 percent for two consecutive years, the FHWA is announcing it is lowering the random alcohol testing rate for calendar year 1998 to 10 percent, in accordance with the provisions of the testing regulations.

SUMMARY: The FHWA announces its decision to grant the petition of David R. Rauenhorst for a waiver of the vision requirement contained in 49 CFR 391.41(b)(10).

NOTICES RELATING TO INFORMATION COLLECTION

TITLE: Notice of Request for Renewal of a Currently-Approved Information Collection: Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property; Notice and request for comments; published: 11/30/99; Comments due: 01/31/2000; [Docket No. FMCSA-96-6488, (formerly Docket No. MC-96-32)]; 64 FR 66961.

SUMMARY: In accordance with the requirements of the Paperwork Reduction Act of 1995 (Section 3506(c)(2)(A)), this notice announces the agency's intention to request the Office of Management and Budget (OMB) to renew its clearance of a currently approved information collection identified below under Supplementary Information. In this regard, the agency is requesting OMB approval to combine two information collections (formerly authorized under Federal Highway Administration OMB approval numbers 2125-0074 and 2125-0518) into one information collection authorized under OMB Approval Number 2126-0518. The two collections cover similar requirements for motor carriers to document their minimum levels of financial responsibility. The only difference is the regulated audiences who are required to provide information--motor carriers of property and motor carriers of passengers. Combining these two collections will not result in increased burdens.

TITLE: Reports, Forms and Recordkeeping Requirements Agency Information Collection Activity Under OMB Review; Notice; [Title: No-Zone Campaign Assessment]; published: 09/02/99; Comment period ends 10/04/99; 64 FR 48227.

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on March 1, 1999 [64 FR 10060].

TITLE: Notice of Request for Clearance of a New Information Collection: Graduated Commercial Driver's License (CDL) Survey; Notice and request for comments; published: 07/19/99; Comment period ends 09/17/99;[FHWA Docket No. 99-5942]; 64 FR 38699.

SUMMARY: In accordance with the requirements in section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, [[Page 38700]] this notice announces the intention of the FHWA to request the Office of Management and Budget (OMB) to approve a new information collection to query the motor carrier (truck and bus) industry, drivers, driver training schools, insurance companies, and driver licensing and law enforcement agencies about the need for, benefits of, potential acceptance of, institutional barriers and practicality of a graduated commercial driver licensing system and the likely improvements in highway safety, employment opportunities and transportation efficiency.

TITLE:  Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review; Notice  [Title:  Motor Carrier Scheduling Practices and Their Influence on Driver Fatigue]; published:  05/17/99; Comment period ends 06/16/99; 64 FR 26813.

SUMMARY:  In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on February 5, 1999 [64 FR 5853-5854].

SUMMARY:In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICRs describe the nature of the information collections and their expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on March 10, 1998 [63 FR 11705-11706].

SUMMARY:  In accordance with the requirement in section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, this notice announces the intention of the FHWA to request the Office of Management and Budget (OMB) to approve a new information collection related to the research project ``Motor Carrier Scheduling Practices and Their Influence on Driver Fatigue.'' This information collection will be in the form of a survey comprised of multiple parts designed to collect information from interstate motor carrier executives, dispatchers, safety directors, and drivers of commercial motor vehicles carrying passengers and property.

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