text:
[Federal Register: July 17, 2003 (Volume 68, Number 137)]
[Proposed Rules]
[Page 42339-42360]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
Federal Motor Carrier Safety Administration
49 CFR Parts 390 and 391
[Docket No. FMCSA-97-2277]
Safety Performance History of New Drivers
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM); request for
SUMMARY: In March 1996, the Federal Motor Carrier Safety
Administration's predecessor, the Federal Highway Administration
(FHWA), published a notice of proposed rulemaking (NPRM) specifying
what minimum safety performance history information new or prospective
employers would be required to seek concerning commercial motor vehicle
(CMV) drivers and from where that information should be obtained. This
SNPRM: Addresses issues raised in response to the NPRM, including small
business burden, and incorporates new requirements of limitation on
liability and driver privacy protections imposed by the Transportation
Equity Act for the 21st Century (TEA-21).
DATES: FMCSA must receive your comments by September 2, 2003.
ADDRESSES: You may submit comments to DOT DMS Docket Number FMCSA-97-
2277 by any of the following methods:
[sbull] Web site: http://dms.dot.gov. Follow the instructions for
submitting comments on the DOT electronic docket site.
[sbull] Fax: 1-202-493-2251.
[sbull] Mail: Docket Management Facility; U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-
401,Washington, DC 20590-0001.
[sbull] Hand Delivery: Room PL-401 on the plaza level of the Nassif
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except Federal Holidays.
[sbull] Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting
Instructions: All submissions must include the agency name and
docket number or Regulatory Identification Number (RIN) for this
rulemaking. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the Public
Participation subheading at the beginning of the Supplementary
Information section of this document. Note that all comments received
will be posted without change to http://dms.dot.gov including any
personal information provided. Please see the Privacy Act heading under
Regulatory Notices.
Docket: For access to the docket to read background documents or
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except
Federal Holidays.
FOR FURTHER INFORMATION CONTACT: Mr. David Goettee, (202) 366-4097,
FMCSA, 400 Seventh Street, SW., Washington, DC 20590.
Public Participation: The DMS is available 24 hours each day, 365
days each year. You can get electronic submission and retrieval help
guidelines under the ``help'' section of
[[Page 42340]]
the DMS web site. If you want us to notify you that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
Summary of NPRM
Discussion of Comments to the NPRM
Summary of the SNPRM
Impacts of Other Related Rulemakings
Rulemaking Analyses and Notices
Regulatory Evaluation: Summary of Benefits and Costs
Background and Summary
Section 391.23 of Title 49 of the Code of Federal Regulations
(CFR), Investigations and Inquiries, sets forth a motor carrier's
responsibility to check the driving record and investigate the
employment history of a new driver. The section directs the motor
carrier to investigate information about the employment history from a
driver's previous employers during the last three years. It does not
specify what type of information must be investigated. The driver's
driving records are to be obtained from each State in which the driver
held a motor vehicle operator's license or permit during the preceding
three years. These inquiries and investigations must be completed
within 30 days of hiring the new employee. Currently, there is no
specification of what information must be investigated, or a
requirement for a current or previous employer to respond to such
investigations. Consequently, many former employers refuse to respond
to employment investigations, while others--for fear of litigation--
merely verify that the driver worked for the carrier and provide the
driver's dates of employment.
The Hazardous Materials Transportation Authorization Act of 1994
was signed into law on August 26, 1994 (Pub. L. 103-311, 108 Stat.
1677) (HazMat Act), partly codified at 49 U.S.C. 5101-5127. Section 114
of the HazMat Act directed the Secretary of Transportation to amend
Sec. 391.23 to specify minimum safety information to be investigated
from previous employers when performing employment record
investigations on driver candidates and newly hired drivers. A copy of
section 114 of the HazMat Act is included in the docket as document 37.
Section 114 specified that a motor carrier must investigate a driver's
3-year accident record, and drug and alcohol history, from employers
the driver worked for within the previous three years. Current or
previous employers must be required to respond to the investigating
employer within thirty days of receiving the investigation request.
The agency published the NPRM for implementing regulations in the
Federal Register on March 14, 1996 (61 FR 10548). A copy of the NPRM is
in docket FMCSA-1997-2277.
The March 14, 1996, NPRM proposed changes to 49 CFR part 391
(Qualification of Drivers), with proposed conforming amendments to
parts 382 (Controlled Substances and Alcohol Use and Testing), 383
(Commercial Driver's License Standards; Requirements and Penalties),
and 390 (Federal Motor Carrier Safety Regulations; General). The agency
proposed under Sec. 391.23 that motor carriers investigate the
following minimum safety information from the previous 3-year period
from all employers who employed the driver during that time: (1) Hours-
of-service violations that resulted in an out-of-service order, (2)
accidents as defined under Sec. 390.5, (3) failure to undertake or
complete a rehabilitation program recommended by a substances abuse
professional (SAP) under Sec. 382.605, and (4) any ``misuse'' of
alcohol or use of a controlled substance by the driver after he/she had
completed a Sec. 382.605 SAP referral. The existing Sec. 391.23(b)
requirement to obtain a driver's driving record(s) from the State(s)
would be retained. To harmonize Sec. 391.23(e) with then current drug
and alcohol regulations under Sec. 382.413, the agency also proposed
the motor carrier obtain the driver's written authorization to
investigate the required drug and alcohol information.
Current and former employers would be required to respond to an
investigating employer within 30 days of receiving an investigation
request. The investigating motor carrier would have to afford the
driver a reasonable opportunity to review and comment on any
information obtained during the employment investigation, and would
have to inform the driver of this right at the time of application for
employment. Conforming changes were also proposed to Sec. Sec.
383.35(f) and 391.21(d) to reinforce the driver notification
Further, the agency proposed under Sec. 390.15 to change the
required retention period for the accident register maintained by motor
carriers from one year to three years, and to begin requiring motor
carriers to provide information from the accident register in response
to all prospective employer investigations pursuant to Sec. 391.23.
These provisions would facilitate the proposal requiring investigation
of accident information by prospective employers by expanding a source
of accident data that was already being collected and maintained by
motor carriers for other purposes.
When the NPRM was published in 1996, the agency drug and alcohol
regulations codified at 49 CFR part 382 required employers to
investigate: (1) Alcohol tests with a result of 0.04 or greater alcohol
concentration, (2) verified positive controlled substances test
results, and (3) refusals to be tested. Section 382.413(a)(2) allowed a
previous employer to pass along drug and alcohol test information
received from other previous employers (as long as the information
covered actions occurring within the previous two-year period). Under
Sec. 382.413(b), if an employer found that it was not feasible to
obtain the drug and alcohol information prior to the first time a
driver performed a safety-sensitive function for the employer, that
employer could continue to use the driver in a safety sensitive
function for up to 14 calendar days. After that time period, the
employer could not use the driver in a safety-sensitive function unless
the requisite information was obtained, or the employer had made a good
faith effort to obtain it.
In its 1996 NPRM, the agency also proposed numerous conforming
amendments to expand the type of drug and alcohol information that
should be sought under Sec. 382.413(a). Employers would be required to
investigate whether, in the past 3 years, a driver had: (1) Violated
the prohibitions in subpart B of part 382, or the alcohol or controlled
substances rules of other DOT agencies; and (2) failed to undertake or
complete a SAP's rehabilitation referral pursuant to Sec. 382.605, or
the alcohol or controlled substances rules of another DOT agency.
Beyond incorporating the HazMat Act requirements into part 382, the
violations enumerated in Sec. 382.413 would also have been included in
the alcohol and controlled substances regulations of ``all DOT
agencies.'' At that time, FHWA believed that some drivers might apply
for positions that require driving a CMV after having violated the
alcohol or drug use prohibitions of another DOT agency. Therefore, the
agency included a requirement for an employer to investigate
information from all past employers for which a driver had worked in a
position covered by the alcohol and/or drug prohibitions and testing
requirements of another DOT
[[Page 42341]]
agency. That could have helped to ensure that persons applying for
positions that require operating a CMV would have all of their relevant
records of violations investigated. It would also have ensured that a
SAP evaluated persons who test positive, and that violators completed a
recommended rehabilitation program before returning to perform safety-
sensitive functions.
The Sec. 382.413(a)(2) requirement to pass along drug and alcohol
information received from other previous employers when responding to
an employer's investigation under Sec. 382.413 was subsequently
incorporated into the FMCSRs as a technical amendment in a final rule
published in the Federal Register on March 8, 1996, (61 FR 9546).
However, because Sec. 382.413(a)(2) constituted a substantive change
which should be subject to public notice and comment before becoming a
final rule, the agency also included it in the March 14, 1996 NPRM.
In a related change proposed under Sec. 382.405, disclosure of the
information pursuant to Sec. 382.413(a) would have required the
driver's written authorization, and responding employers would have
been required to reply within 30 days of receiving the investigation
Under proposed Sec. 382.413(b), the agency would have extended the
time period allowed to use a driver in a safety-sensitive function
without having received the requisite drug and alcohol information from
14 days to 30 days. After 30 days, the employer would have been
prohibited from continuing to use the driver to perform safety
sensitive functions without having received, or having documented a
good faith effort to obtain, the driver's drug and alcohol history.
Small Business Administration Concerns
The Small Business Administration (SBA) believes that a substantial
number of small entities would be economically impacted by the NPRM,
and offered recommendations for minimizing such impacts. In particular,
the SBA recommended FMCSA give more attention to the intent of the
HazMat Act requirements relative to the Regulatory Flexibility Act
certification regarding impacts on small entities, and specifically
include estimates of the number and size of entities and the estimated
costs they would incur. The SBA also requested that more extensive
information be included about the estimated paperwork burden.
FMCSA Response: The FMCSA agrees that more extensive attention to
regulatory flexibility is appropriate, and has included a more detailed
Regulatory Flexibility Act analysis as part of this SNPRM. The agency
has also prepared an initial regulatory evaluation and placed a copy of
the regulatory evaluation in the docket for this rulemaking as document
number 38. A summary of the regulatory evaluation is provided in this
SNPRM under the section entitled ``Regulatory Evaluation: Summary of
Benefits and Costs.'' FMCSA addresses SBA recommendations for major
issues under the following topical discussions.
Employer Liability and Driver Rights
Many comments to the NPRM concerned issues of (1) employer
liability for using investigative driver history background information
in the hiring decision, (2) employer liability for furnishing the
driver history background performance records, and (3) drivers' rights
to review and comment on the accuracy this safety performance
information and to processes for drivers to seek revision or provision
for rebuttal. Seventeen commenters addressed the employer liability
issues. Eighteen addressed the drivers' rights issue.
The American Trucking Associations (ATA) wrote:
``The potential liability arising from providing information about a
former employee to a prospective employer continues to be a matter
of the greatest concern to motor carriers. It has been a major
factor inhibiting the effectiveness of the present provisions of
Sec. 391.23(c) for the past quarter-century. The general view,
based on experience, is that a mere requirement for notification to
drivers set forth in proposed Sec. 383.35(f) and 391.21(d), or as
currently required in Sec. 391.21, is totally inadequate. We are
also concerned with the present provisions and proposed amendments
to Sec. 382.413 because a driver-applicant is not specifically
advised of the regulatory requirements that the prospective employer
obtain the information and the obligation of the previous employer
to provide it. * * * Even if the carrier successfully defends its
action in providing factual information to the prospective employer,
it will have almost surely been put to considerable needless expense
to defend itself.''
A few commenters feared that providing the driver with full access
to information received during the employment history investigation,
and not just that proposed in the NPRM under Sec. 391.23(c)(1), would
increase the threat of litigation for employers, particularly if that
information was the basis for denying the driver employment.
Several commenters proposed various remedies. The Regular Common
Carrier Conference (RCCC) and Interstate Truckload Carriers Conference
(ITCC) suggested the proposed driver's written release required for
alcohol and controlled substances information under Sec.
391.23(c)(1)(iii) and (iv) be required for all investigative
information under Sec. 391.23(c)(1). The RCCC believes this
modification would greatly reduce the potential liability for
unlawfully disclosing investigative information, and ensure that
drivers know beforehand their safety performance records will be
investigated from prior employers.
In supplemental comments to the docket, the ITCC noted that
legislative relief was their preferred option for dealing with employer
liability issues. The ITCC further believes the driver's signed release
would provide an appropriate measure of protection for employers named
as defendants in employment litigation. It pointed out that many
employers have already incorporated some sort of release language into
the printed employment application. Drivers subscribe to the release
when signing the application.
The ITCC further proposed that the agency incorporate language into
the final rule stating that the act of applying for employment denotes
a driver's implied consent to the release of all information that
carriers are required to obtain to make a considered employment
decision. The inclusion of such ``implied consent'' language could be
especially useful in satisfying the concerns of carriers accepting
applications using non-written means, such as drivers calling 800
numbers provided by the carrier for recruiting new drivers. The ATA and
DAC Services, Inc. also recommended including implied consent language
in the final rule. The United Motorcoach Association (UMA) supports
employer protection for releasing driver investigative information by
adding a ``hold harmless'' clause to the final rule.
In the March 14, 1996, NPRM the agency requested specific comments
on whether to define a ``reasonable opportunity'' for a driver to
review and comment on safety performance records and whether this
driver right should have time restrictions.
The Advocates for Highway and Auto Safety (AHAS) urged the agency
to define ``reasonable opportunity'' rather than leave implementation
of this proposal to the motor carrier industry.
Pinnacle Transport Services (Pinnacle) encouraged the agency to
entirely eliminate the proposed right for the driver to review the
[[Page 42342]]
information, as well as the corresponding stipulation under the
proposed Sec. 383.35(f) and Sec. 391.21(d) that employers notify
driver applicants of this right. Pinnacle believed that ``(u)ntil the
Department of Labor makes this suggestion generally applicable to all
employers, you are unreasonably forcing companies to become
clearinghouses for minutiae.''
Some commenters suggested drivers be allowed to review the
furnished investigative information only if they made a written
Dart Transit Company and Fleetline, Inc. recommended that only
drivers who have been denied employment or a contract, in whole or in
part, based on the furnished safety performance background information,
be allowed to review and comment. They also suggested these drivers be
given up to 30 days after notification of disposition of the
application to provide written comments to the investigating carrier.
In addition, they suggested a corresponding requirement that the
prospective motor carrier advise all driver-candidates of their rights
to request an opportunity to review and comment on the background data
that is received.
Six commenters recommended all drivers be allowed to review and
comment on only the safety items originally proposed under Sec.
391.23(c)(1). Contract Freighters, Inc. suggested that only accident
information be open to a driver's review and comment.
Several commenters recommended specific time frames for the driver
applicant review and comment period. These range from within 3 workdays
to 10, 30 or 60 days after receipt of notification of disposition of
the application, commencement of the application process, or receipt of
the investigation reports from the responding employer.
The United Motorcoach Association (UMA) proposed requiring
employers to complete an employment record within 48 hours of an
employee leaving, unless hindered by extenuating circumstances or
authorized by a mutually agreed upon extension of that period. That
employment record would be the one transmitted to subsequent employers
investigating a prospective driver. The UMA also proposed drivers be
granted the right to add brief personal and enlightening comments to
the previous employer's report and that the combined record be
forwarded to investigating employers upon request.
The International Brotherhood of Teamsters proposed a similar
requirement, but favored allowing the employer 10 days in which to
provide separated employees with his or her complete employment record.
The employee would similarly be entitled to file supplemental comments.
FMCSA Response: On June 9, 1998, the President signed TEA-21.
Section 4014 of the Act addresses this rulemaking by preempting State
and local liability laws and regulations, thus limiting employer
liability for investigating, furnishing and using previous employer
driver safety performance records as part of the hiring decision (i.e.,
the proposed driver safety performance history information enumerated
under Sec. 391.23(d) and (e) of this SNPRM), when carried out in
accordance with FMCSA rules. A copy of section 4014 of TEA-21 is
included in the docket as document 39. Section 4014 further directs the
FMCSA to amend the Safety Performance History of New Drivers NPRM to
specify details of protection for driver privacy, including
establishing procedures whereby drivers may review, correct, or rebut
investigative information received by a prospective motor carrier
employer from a previous employer. FMCSA believes these procedures
replace the phrase ``reasonable opportunity'' and fully address the
concerns expressed above from AHAS.
Section 4014(a) amends 49 U.S.C. chapter 5, by adding section 508,
preempting the right of anyone to bring action against employers
rightfully fulfilling their requirement to investigate, provide and use
specified previous employer driver safety performance history of
driver-applicants as part of the hiring decision.
After implementation of these liability limitation provisions
proposed in this SNPRM, no one would be allowed to bring actions or
proceedings against a motor carrier requesting, providing and using
this information in conformance with the procedures put forth in this
SNPRM. This limitation would only apply if in accordance with FMCSA
regulations the prospective employer has conducted the required
investigations for driver safety performance information, the previous
employers provided the required information to the investigating motor
carrier, the previous employer is not found to have provided false
information, and these processes were carried out in compliance with
the proposed regulations. The proposed regulations would require
observing the driver's right to review, correct or rebut the previous
employer furnished records, and the requirement at 49 CFR 391.23(f) of
this SNPRM to first obtain the driver's written authorization to
release his/her drug and alcohol information.
As a result of the limitation on liability being granted, FMCSA
believes the concerns of those who wanted to restrict drivers' rights
to review previous employer investigative data to only safety items are
fully addressed. FMCSA believes the drivers' right to review, comment,
or rebut applies to all investigative information provided to
prospective employers and used as part of the hiring decision process.
In addition, the method proposed in this SNPRM to further provide
protection for driver privacy for drug and alcohol information is
modeled on that already operational in the DOT drug and alcohol
regulations under 49 CFR part 40, which meet the intent of section 114
of the HazMat Act. Although results of DOT-mandated drug and alcohol
tests were determined not to be medical records, DOT policy treats the
release of such results similar to the release of medical records.
Thus, the applicant would continue to be required to sign a written
authorization for the specific employer (or agent) to provide
investigative information about the applicant's drug and alcohol
history to the prospective employer specified on the authorization. Any
use of the information by the prospective employer for other than
hiring purposes, such as release to anyone not involved in the hiring
process, would be permitted only in accordance with the terms of the
driver's authorization.
Various third party consumer reporting agencies sell services to
the truck and bus industry for obtaining and providing a variety of
information, including inquiries for State driving records and
investigations for employer history pertaining to CMV drivers. A
similar function under the DOT alcohol and controlled substance
regulations is referred to by the term ``Service Agent.'' Such agents
are prohibited by 49 CFR 40.321 from releasing a driver's personal
alcohol and controlled substance information without the driver's
written consent for that specific release.
The DOT Office of the Secretary, Office of Drug and Alcohol Policy
and Compliance interprets the restriction on releasing information to
mean that such third party service agents are prohibited from
disclosing even that a driver's alcohol and controlled substance
information exists in the service agent's files without the driver's
written consent. The proposals in this SNPRM for provision of alcohol
and controlled substances information contain this same restriction on
release of this information by previous employers or
[[Page 42343]]
their agents operating under the limited liability provisions contained
in this SNPRM.
The method proposed in this SNPRM to ensure the driver's right to
review, correct, or rebut contains two major parts. First, as part of
the application process prospective employers are required to notify
driver applicants in writing of their review rights. Second, the
furnishing previous employer is required to work with the driver to
either revise the report, or allow the driver to have his/her rebuttal
appended to the carrier report.
This process is generally modeled after provisions in the Fair
Credit Reporting Act (15 U.S.C. 1681 et seq.) as it applies to motor
carriers obtaining investigative information as part of the hiring
decision process. Prospective employers would be authorized to
investigate, and previous employers would be required to provide, non-
drug and alcohol safety performance history information without a
signed authorization from a prospective employee. Prospective employers
would be required to provide the driver a copy of the information
received if the driver submits a written request to the carrier to
review the information (electronic or Internet requests would be
In the interest of allowing drivers prompt access to the
information critical to their hiring, the FMCSA proposes two business
days for the prospective employer to provide a copy of the
investigative data received upon receipt of a written request from the
driver to review the information. If the driver chooses to correct or
add a rebuttal to a previous employer's information, it is proposed
that the previous employer have up to thirty calendar days to respond
to the driver's request for such changes or incorporation of the
Comments are requested on the appropriateness of the number of days
proposed for employer responses in this SNPRM. For example, should the
prospective employer have more business days, such as five, or 10, to
provide the driver with copies of the investigative data received?
Should the previous employer be required to respond earlier than 30
calendar days, such as 10 or 15 business days, since the driver may not
be receiving compensation pending resolution of adverse information
provided by the previous employer?
The liability limitation protections under 49 U.S.C 508(a) only
apply to motor carrier employers carrying out these investigations and
other parties functioning as the agent for a previous or prospective
employer. Companies functioning as a consumer-reporting agency
providing reports from their repository of driver safety performance
information, rather than as the agent for a specific motor carrier, are
not granted the liability limitation proposed in this SNPRM. Instead
they are subject to protections specified in the Fair Credit Reporting
Act, 15 U.S.C. 1681 et seq. In addition, the protections under TEA-21
would not apply to motor carriers found to have knowingly provided
false information. The previous or current employer's response should
be based on fact and not opinion or hearsay.
Title 49 U.S.C. section 508 requires that the Sec. 391.23(c)
safety performance history information be accessible only to authorized
persons involved in the hiring decision process and the motor carrier's
insurance company. Under current regulations, motor carriers maintain
information received in response to Sec. 391.23(c) investigations in
the Driver Qualification (DQ) file, along with various other types of
information required by the FMCSRs. These include information related
to the Sec. 391.25 driving record annual review, and the Sec.
391.41(a) bi-annual review of a driver's medical qualifications. The
multiple functions of the DQ file increases the potential that motor
carrier personnel other than those involved in hiring decisions would
repeatedly have access to a driver's background employment records.
However, sections 114(b)(2) and (3) of the HazMat Act specify that
drug and alcohol information are part of the minimum safety performance
information to be sought under Sec. 391.23(c). Therefore, that
information is included in the information specified under section 4014
of TEA-21 as being restricted to limited accessibility, and only used
for the hiring decision.
DOT regulated employers are already required by Sec. 40.25(i) and
Sec. 382.401(a) to maintain drug and alcohol records confidentially in
a secure location with controlled access. As a result, the industry has
already developed procedures for complying with the recordkeeping
requirements of parts 40 and 382. It is accepted practice to maintain
drug and alcohol records separately from the DQ file in order for the
employer to ensure that the data is adequately secured, and access to
it is controlled in compliance with parts 40 and 382 recordkeeping
requirements. Those persons with access to the drug and alcohol records
are specifically designated and charged with keeping the data secure,
and their access is controlled to ensure this is not compromised.
Therefore, the established recordkeeping practices for drug and
alcohol records fulfill the requirements of section 4014 of TEA-21 for
all previous employer investigative information. Accordingly, this
SNPRM proposes under Sec. 391.53 to require that all investigative
information received from previous employers pursuant to Sec.
391.23(c) be kept in the controlled, access-secured file. FMCSA
believes that this meets the accessibility requirements necessary for
employers being granted the limited liability specified in section 4014
of TEA-21.
Therefore, this proposal would revise Sec. 391.23(c) to require
that investigative information received be maintained as specified at
Sec. 391.53. Current instructions in Sec. 391.51(b)(2) for retaining
information relating to the Sec. 391.23(c) investigations in the
driver qualification file would be removed. The restriction contained
in 49 U.S.C. 508(b)(1)(C) that investigative information received from
previous employers can only be used for the hiring decision means the
accident data received cannot be considered in the annual reviews of
the driver's driving record required by Sec. 391.25.
Section 4014 of TEA-21, codified at 49 U.S.C. 508 requires the
Secretary to develop regulations implementing liability limitations on
motor carriers requesting and providing investigative driver safety
performance history information, and that those include procedures for
prospective drivers to review, comment or rebut the information
provided to prospective motor carriers. This SNPRM has modeled driver
rights to review, comment or rebut driver safety performance on those
contained in the Fair Credit Reporting Act for investigative
This SNPRM provides notification at Sec. 391.23(i) of the right of
the driver to request access to information provided to the prospective
motor carrier employer, and at Sec. 391.23(j) for the driver and the
previous motor carrier to resolve any differences. FMCSA requests
comments on the sufficiency of these procedures, and specific, proposed
methods to improve them.
Hours of Service Violations Resulting in an Out-of-Service Order
SBA recommends FMCSA eliminate its proposal that motor carriers
investigate information about a driver's hours-of-service violations
that resulted in an out-of-service order. SBA does not believe the
agency has adequately explained how the information would contribute to
safety. It points out that section 114 of the Hazmat Act does not
require information about a driver's hours-of-service violations, and
[[Page 42344]]
FMCSRs do not require former employers to record or retain such
information. Similarly, other commenters, including J.B. Hunt and
Mobile Corporation, saw little or no relationship to safety
FMCSA Response: The regulatory evaluation for this proposed rule
reveals a strong and positive relationship between: (1) Hours-of-
service violations that result in out-of-service orders, and (2) future
safety performance. However, FMCSA has decided to eliminate the
proposal for the following reasons: (1) Section 114 of the HazMat Act
does not specifically require this information, (2) information about
hours-of-service violations that resulted in out-of-service orders
would be difficult for prospective employers to obtain from previous
employers, because this information is only systematically reported to
FMCSA as part of the Motor Carrier Safety Assistance Program (MCSAP)
enforcement activities of the States, (3) requiring this information
collection and establishing a motor carrier recording requirement would
be particularly burdensome to small entities, and (4) comments to the
docket opposed the proposal.
Drug and Alcohol Reporting
SBA believes the NPRM would result in an increased number of
inquiries for drug and alcohol information under Sec. 382.413, and
that the 30-day response time would place new burdens upon small
entities. SBA believes opinion and hearsay should be discouraged to
minimize liability and circulation of false information.
To decrease the potential reporting burden and ensure that only
fact-based information would be provided, SBA recommends the agency
specify what information must be sought under Sec. 382.413. The SBA
further believes it would be difficult for employers to report the drug
and alcohol violations and rehabilitation referrals of other DOT
agencies, as proposed under Sec. 382.413(a)(1). The SBA suggested
FMCSA: (1) List the specific DOT modal regulations; (2) explain how to
find records of violations for these rules, and (3) state the effect of
such violations upon a driver's qualifications.
The SBA disagreed with the NPRM provision at Sec. 382.413(a)(2) to
require former employers to pass along driver information that a
previous employer received from prior employers. The SBA recommended
the FMCSA eliminate this requirement.
FMCSA Response: For reasons set forth under the following section
entitled ``Impacts of Other Rulemakings,'' the agency has withdrawn
conforming amendments to part 382, and believes the SBA concerns were
largely addressed in previous rulemakings issued during 2000 and 2001
and affecting 49 CFR parts 40 and 382.
There is another issue on which FMCSA requests comments. Section
4014 of TEA-21, codified at 49 U.S.C. 508 (a)(3), relating to
limitation on liability, states the limitation applies to ``the agents
or insurers of a person described in paragraph (1) or (2).'' Section
508 (b)(1) restricts applicability of the limitation on liability
within the requesting process for use by motor carriers. Sub item (B)
specifically applies to agents and insurers by requiring that ``the
motor carrier and any agents and insurers of the motor carrier have
taken all precautions reasonably necessary to protect the records from
disclosure to any person, except for such an insurer, not directly
involved in deciding whether to hire that individual.'' Section 508
(b)(2) restricts applicability of the limitation on liability to the
previous motor carrier providing the information. Sub item (B) applies
to insurers by requiring that ``the complying person and any agents and
insurers of the complying person have taken all precautions reasonably
necessary to protect the records from disclosure to any person, except
for such insurer, not directly involved in forwarding the records.''
FMCSA points out that insurers are currently not allowed access to
the drug and alcohol information by part 40. FMCSA interprets the
requirements in section 114 of the HazMat Act as creating the authority
to grant a limitation on liability if the drug and alcohol data is made
available to the insurance providers, but does not mandate that they be
given access to this information. Thus, for consistency with the
existing drug and alcohol policy of the DOT established by part 40,
FMCSA proposes that insurers be allowed access to the investigative
information, but exclude any alcohol and controlled substances
information provided by previous employers under written authorization
of the driver applicant.
Comments are desired on whether alternative legal interpretations
regarding insurer access to alcohol and controlled substances
information are intended by the HazMat Act. If so, how should such
access be managed? FMCSA does not have regulatory and enforcement
authority to ensure the insurance providers remain in compliance with
the requirement that the data only be used for the hiring decision.
The SBA pointed out that immediate implementation of the proposal
to extend the retention period for accident information from one to
three years would be impossible, i.e., it can only become three years
after passage of time to allow motor carriers to retain accident data
for up to that period. For this reason, the SBA suggested amending
Sec. 390.15 by stating that accidents occurring one year preceding the
rulemaking or after its effective date must be kept for at least three
years. Alternatively, the agency could provide compliance guidance that
reminds field personnel that motor carriers may be unable to
immediately provide information about accidents occurring more than a
year prior to the effective date of the rule because it was not
previously required. The SBA believes the agency should encourage field
personnel to waive penalty or enforcement against carriers until
sufficient time has elapsed to fully comply with the new accident
recordkeeping requirement under Sec. 390.15.
FMCSA Response: The FMCSA agrees with the recommendation to phase
in this requirement and has amended Sec. 390.15 to reflect the
suggested phase in process.
Employment History Form
SBA and other commenters suggested the agency should include more
details specifying the minimum data that must be investigated, and
provided by previous employers. SBA additionally recommended that FMCSA
develop, as part of its guidance materials, a non-mandatory form for
use by inquiring and responding employers.
FMCSA response: In this SNPRM, FMCSA has clarified in the proposed
Sec. 391.23(d) and (e) the information that must be investigated and
provided, and also eliminated redundant amendments to Sec. 382.413.
The description of the required alcohol and controlled substances
records in proposed Sec. 391.23(e) is revised to convey that only
those existing records filed pursuant to Sec. 382.401 are required. If
the previous employer cannot provide the information regarding
completion of a rehabilitation referral, the investigating employer
must obtain it from the driver.
The importance of obtaining access to previous employer driver
safety performance history information is long established as a best
hiring practice. The purpose of this proposed regulation is to enhance
the ability of prospective
[[Page 42345]]
employers to make sound hiring decisions. The procedures proposed in
this SNPRM will enable obtaining more complete driver safety
performance information by motor carriers. It will also maximize the
use of this information by providing a limitation on liability of those
providing and using this information, while subjecting them to
administrative controls to protect driver privacy.
The SNPRM specifies minimum safety performance history data that a
motor carrier must investigate about a driver's employment history
under the proposed Sec. 391.23(d) and (e). It differs from the NPRM
by: (1) Refining the list of what information is to be investigated
from previous employers, (2) establishing employer protections for
providing and using the safety performance history information, (3)
clarifying drivers' rights to review, correct or rebut information
provided, (4) providing enhanced Regulatory Flexibility Act and
Paperwork Reduction Act analyses, and (5) dropping conforming
amendments to part 382 because they were already addressed under
separate rulemakings discussed in the preamble.
FMCSA has refined the safety performance history data list in
response to comments to the docket and because of changes to agency
drug and alcohol regulations made by recent rulemakings. Section 4014
of the TEA-21 mandated the new employer liability limitation and driver
protections being proposed. Enhanced Regulatory Flexibility analysis is
provided in response to comments to the docket from the Small Business
Recent Changes in Alcohol and Controlled Substance Regulations
When the NPRM for driver safety performance history was issued in
1996, the detailed regulations governing investigations into an
employee's drug and alcohol history were codified at 49 CFR 382.413.
Since that time, DOT has revised its major regulations regarding drug
use and alcohol abuse. Changes to the DOT drug and alcohol regulations,
49 CFR part 40, were finalized in a document entitled ``Workplace Drug
and Alcohol Testing Programs; Final Rule'' (65 FR 79462, December 19,
2000). A correction to the final rule was published at 66 FR 3884,
January 17, 2001; final compliance date details were published at 66 FR
28400, May 23, 2001; and technical amendments to the December 2000
final rule were published at 66 FR 41944, August 9, 2001. These
documents are available in DOT docket number OST-1999-6578. The
Department's program written by the Office of the Secretary and jointly
issued by each of the Operating Administrations was finalized at 66 FR
41955, August 9, 2001. It provides the background for and an overview
of the general, common elements of the modal rules. FMCSA finalized
conforming amendments to the part 40 changes in its drug and alcohol
regulations codified at 49 CFR part 382 and published them in a final
rule at 66 FR 43097, August 17, 2001. A copy of that document has been
placed in DOT docket number FMCSA-2000-8456.
Among other things, these rules streamlined drug and alcohol
testing program requirements for all of the Department's modal entities
having drug and alcohol regulations. All DOT regulated employers--not
just motor carriers--must investigate the drug and alcohol history of a
person intended to be deployed in a safety-sensitive function.
Similarly, DOT-regulated employers must immediately respond to such
investigations. The specific requirements governing investigations
about drug and alcohol information were revised and moved from Sec.
382.413 to 49 CFR Sec. 40.25. The new Sec. 382.413 cross-references
Sec. 40.25.
The HazMat Act directs the Secretary to amend Sec. 391.23. Section
114(b)(2) of the HazMat Act requires motor carriers covered by part 391
to investigate certain drug and alcohol information about a driver as
well as investigating his/her employment history. The motor carrier
drug and alcohol investigation requirements were in existence when the
HazMat Act was signed into law (codified at 49 CFR part 382, which
applies only to motor carriers subject to the 49 CFR part 383--
Commercial Driver's License Standards, Requirements and Penalties).
Because Congress specified no changes for part 382, FMCSA believes
Congress also intended that the new Sec. 391.23 requirement specify
that motor carriers not otherwise subject to the alcohol and controlled
substances testing requirements under part 382, or the CDL standards in
part 383, are also required to investigate this data. This would create
an extra level of safety by requiring these motor carriers to
investigate a driver's alcohol and controlled substances history if the
driver previously held a safety sensitive position subject to the part
382 requirements. This includes obtaining information about drivers who
may have violated part 382 prohibitions, and may be seeking to work for
uncovered motor carriers without having completed DOT return-to-duty
requirements, or who have relapsed subsequent to treatment.
FMCSA believes the new part 40 adequately reflects the spirit of
section 114 of the HazMat Act because it directs employers to: (1)
Investigate completion of a SAP's rehabilitation referral, (2)
immediately respond to drug and alcohol history investigations from new
or prospective employers, and (3) retain certain drug and alcohol
records for up to 3 years. This is because the Sec. 40.25(b)(5)
requirement for ``documentation of the employee's successful completion
of DOT return-to-duty requirements * * *'' describes in a positive
voice the intent under the HazMat Act section 114 that motor carriers
investigate a driver's possible failure to undertake or complete
recommended treatment.
Because the Department has: (1) Recently completed extensive
revisions to its alcohol and controlled substances regulations, (2)
incorporated provisions that accomplish the intent of section 114, and
(3) thoroughly determined the information collection burdens and
economic impacts of these changes, the FMCSA believes it is unnecessary
to propose changes to part 382. The HazMat Act requirement for
modifying Sec. 391.23 to investigate 3-years of possible alcohol and
controlled substances information for all drivers hired by motor
carriers covered by part 391 is placed in Sec. 391.23(e).
Existing Sec. 382.413 cross-references Sec. 40.25 requirements
that an employer investigate an employee's (in the case of FMCSA
regulated entities, a driver's) 2-year drug and alcohol history. That
investigation would include, among other things, information about the
successful completion of DOT return-to-duty requirements for any
employee found to have violated DOT alcohol and controlled substances
rules (i.e., the alcohol and controlled substances regulations of any
DOT agency). The existing requirement in Sec. 40.25 to investigate two
years of information is one year less than required by section 114 of
the HazMat Act and the proposed Sec. 391.23(e) in this SNPRM. Both
require motor carriers to make a 3-year investigation of the alcohol
and controlled substances history, and for previous employers to
provide that information.
The major difference between Sec. 40.25(b)(5) and Sec. 391.23(e)
involves the time period and scope of the alcohol and controlled
substances testing records. This SNPRM would require a prospective
employer to investigate a previous motor carrier's employer information
about violations of only the
[[Page 42346]]
FMCSA alcohol and controlled substances regulations (i.e., 49 CFR part
382, subpart B). Note that part 382 in conformance with part 40,
requires motor carriers to investigate alcohol and controlled substance
information from any previous employer during the prior two years where
the driver held a safety sensitive job.
Specifically, the prospective motor carrier would have to
investigate whether a driver had received a rehabilitation referral
from an SAP pursuant to Sec. 382.605. If so, the prospective motor
carrier would have to receive: (1) Documentation of the driver's
successful completion of DOT return-to-duty requirements, and (2) any
positive test results or refusals to be tested that occurred subsequent
to completion of return-to-duty requirements.
In a related issue, FMCSA would continue not requiring previous
employers to divulge information regarding self disclosed violations of
the alcohol and controlled substances prohibitions made under Sec.
382.121. Such disclosures are not required to be reported as testing
violations nor are they subject to DOT return-to-duty requirements.
Request for Comments
The FMCSA requests comments on any and all aspects of the revised
proposals in this SNPRM. The comments to the docket on the NPRM remain
active. Thus, there is no need to revisit the issues discussed in the
Regulatory Notices
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.) You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
Executive Order 12866 (Regulatory Planning And Review) And DOT
Regulatory Policies And Procedures
The FMCSA has determined this action is a significant regulatory
action within the meaning of Executive Order 12866, and is significant
within the meaning of Department of Transportation regulatory policies
and procedures (44 FR 11034, February 26, 1979). It has been reviewed
by the Office of Management and Budget. The subject of requirements for
background checks of prospective driver safety performance history
information will likely generate considerable public interest within
the meaning of Executive order 12866. We have classified the rule as
significant because of the high level of public and congressional
interest in the rule.
This SNPRM modifies an earlier notice of proposed rulemaking by:
(1) Including an expanded discussion of the economic and information
collection burdens of the proposal, (2) setting limitations on employer
liability for using and providing the safety performance history data
of a driver by including the requirements of section 4014 of TEA-21
codified at 49 U.S.C. 508, and (3) establishing the Act's required due
process rights of drivers. FMCSA anticipates that the economic impact
of this SNPRM will not exceed the annual $100 million threshold for
economic significance.
Under a following section of this SNPRM entitled ``Regulatory
Evaluation: Summary of Benefits and Costs,'' the agency estimated the
first-year costs to implement this rule would amount to approximately
$10 million. Total discounted costs over the 10-year analysis period
(2003-2012) would be $76 million, using a discount rate of seven
percent. All these costs are associated with the statutorily mandated
requirements of section 114 of the Hazmat Act and section 4014 of TEA-
21. The first-year net benefits associated with this rule would be
negative. Total discounted benefits over the 10-year analysis period
(2003-2012) would be equal to $88 million. Total discounted net
benefits from implementing this rule would equal $12 million over the
10-year analysis period (2003-2012).
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement and Fairness Act (SBREFA), requires
Federal agencies to analyze the impact of rulemakings on small
entities, unless the agency certifies the rule will not have a
significant economic impact on a substantial number of small entities.
In response to SBA's request for more information on the economic
impact of this proposed rule upon small entities, and the determination
that this is considered a significant rulemaking proposal, the agency
has prepared an initial regulatory evaluation and the following RFA
(1) A description of the reasons why action by the agency is being
considered. A large number of motor carriers must hire drivers to
operate large commercial motor vehicles on the nation's roads and
highways. These drivers are responsible for safe, secure and reliable
operation of these vehicles on the nation's roads and highways. Public
concern regarding the safety of commercial motor vehicles and their
operators has heightened awareness of the limited driver safety
performance information available to prospective motor carrier
employers when making hiring decisions. If prospective employers had
access to more information about driver safety performance history it
would enable employers to make more informed decisions regarding the
relative safety risk of drivers who apply for employment.
With enactment of section 114 of the HazMat Act, Congress directed
FMCSA to revise its safety regulations to specify additional minimum
driver safety performance information a prospective employer must
investigate from previous employers. Additionally, the HazMat Act sets
a time limit for previous employers to respond to the investigations,
and provides the driver an opportunity to review and, if necessary,
correct or rebut the safety performance information provided by current
or previous employers to the prospective employer.
In response to industry concerns about the legal liability which
would arise from providing information about driver employment safety
history, Congress determined that the societal importance of this
information is sufficient to grant limited liability to motor carriers
by preempting State and local laws and regulations creating liability.
This is carried out in section 4014 of TEA-21. The liability limitation
applies to prospective and previous employers, their agents, and their
insurance providers from defamation suits when investigating, using or
providing accurate information about safety performance histories of
their drivers. The right of drivers to review such employer
investigation records, and to have them corrected or include a rebuttal
from the driver, is made statutory. FMCSA is directed to develop
procedures for implementing these requirements as part of the changes
to Sec. 391.23 mandated by section 114 of the HazMat Act.
(2) A succinct statement of the objectives of, and legal basis for,
the proposed rule. The legal bases for this proposed rule are the
Congressional directives contained in section 114 of the HazMat Act and
section 4014 of TEA-21. Congressional intent is to ensure prospective
motor carriers have
[[Page 42347]]
access to increased information about the safety performance history of
drivers, including access to investigation information from prior
employers about driver applicants.
Regulations at Sec. 391.23(a)(2) and (c) currently require
prospective employers to investigate a driver's employment record with
previous employers. The regulations do not specify what information
prospective employers must investigate, nor do they require previous
employers to respond to investigations received from prospective
employers. Comments to the docket for this rulemaking such as those
from Dart and Fleetline, Food Distributors International, Interstate
Truckload Carriers Conference, American Movers Conference, United Motor
Coach Association, and the National Private Truck Council state that
many previous employers are either not responding, or not providing any
information other than verification of employment and dates.
Further, comments to docket FMCSA-2001-9664 state that many
previous employing motor carriers either do not respond to
investigations for alcohol and controlled substances information, or do
so belatedly, making the data of questionable value in the hiring
decisions. Docket 9664 contains the Federal Register notice and
numerous comments regarding the requirement of section 226 of MCSIA for
a Report to Congress on the possibility of requiring employers to
report positive controlled substances test results and for prospective
employers to check such a computer source for the existence of such
information as part of the hiring decision process. A copy of section
226 of MCSIA is included in the docket as document 40.
The objective of this proposed rulemaking is to improve the
quantity and quality of investigations made to previous employers, as
well as the quantity, quality and timeliness of background driver
safety performance information provided to prospective employers. This
should foster more informed employment judgments about the safety risks
of potential new employees, while affording drivers the opportunity to
review and comment on the accuracy of information provided by previous
This proposed regulation specifies minimum information that must be
investigated, and proposes process modifications to facilitate this
information exchange so as to minimize the reporting burden, including
establishing the limit on potential liability of employers, their
agents and insurance providers from defamation lawsuits, etc.
(3) A description of, and, where feasible, an estimate of the
number of small entities to which the proposed rule will apply. This
proposal will apply to all motor carrier employers regulated by the
FMCSRs whose employees apply to work for a motor carrier in interstate
commerce. This includes small motor carriers as well as numerous
entities in other industries covered by the FMCSRs because they operate
their own private commercial motor vehicles. Examples include drivers
who operate CMVs in industrial categories such as: bakeries, petroleum
refiners, retailers, farmers, bus and truck mechanics, cement masons
and concrete finishers, driver/sales workers, electricians, heating,
air conditioning and refrigeration mechanics and installers, highway
maintenance workers, operating engineers and other construction
equipment operators, painters construction and maintenance workers,
plumbers, pipefitters and steamfitters, refuse and recyclable material
collectors, roofers, sheet metal workers, telecommunications equipment
installers and repairers, welders, cutters, solderers, and brazers.
The SBA regulations at 13 CFR part 121 specify Federal agencies
should analyze the impact of proposed and final rules on small
businesses using the SBA Small Business Size Standards. Where SBA's
standards do not appropriately reflect the effects of a specific
regulatory proposal, agencies may develop more relevant size
determinants for rulemaking.
The regulatory evaluation below estimates the number of driver
hiring decisions affected by this proposed rule at approximately
419,000 annually. This estimate is a function of three components,
including (1) annual driver turnover within the industry, (2) annual
employment growth within the industry, and (3) an increase in the
number of drivers required to fill vacancies left by those denied
employment when the background information proposed in this SNPRM
becomes available to prospective employers.
It is difficult to determine exactly how many existing motor
carriers would be affected by this proposed rule, since it is not known
year-to-year how many employers on average hire drivers. However, it is
known from the Motor Carrier Management Information System (MCMIS) that
there are approximately 500,000 active motor carriers currently
operating in interstate commerce in the United States (this includes
both for-hire and private motor carriers, but deducts a number of
carriers believed not to be currently operating but still having files
within MCMIS). Data from the 1997 Economic Census (U.S. Census Bureau),
Standard Industrial Classification (SIC) Code 4213 ``Trucking, Except
Local'' indicates that over 90 percent of trucking firms in that SIC
code had less than $10 million in annual sales in 1997 ($10 million in
annual revenues represents the threshold for defining small motor
carriers in this analysis).
Because the FMCSA does not have annual sales data on private
carriers, we assume the revenue and operations characteristics of the
private trucking firms would be generally similar to those of for-hire
motor carriers. Using the 90-percent estimate to identify the small
business portion of the existing industry indicates that 450,000 out of
500,000 total existing motor carriers could be defined as small
businesses within this industry. Also, we had estimated that a net
419,000 hiring decisions would be affected by this proposed rule
annually. These 419,000 net annual hirings within the industry
represent 14 percent of the total three million drivers currently
employed within the trucking industry. To be conservative, we assumed
that 14 percent of existing motor carriers would be filling the 14
percent of driver positions each year. Therefore, 14 percent of
existing motor carriers translates to 70,000 out of the 500,000
existing motor carriers who would be hiring drivers each year.
We conservatively assumed that these 70,000 hiring employers would
bear the full cost of the data retention and reporting on the 419,000
drivers to be hired each year for the driver data search, duplication,
and reporting costs incurred by previous employers for providing the
information. (This may not be true based on FMCSA policy that the
previous employer cannot demand payment as a condition for releasing
the data.) Conversely, if we assumed previous employers would bear
these costs (and we assume at least one previous employer to each
driver over the past three years), we could divide compliance costs by
140,000 carriers. However, to ensure we do not underestimate the impact
to small employers, we will stick with the 70,000 estimate.
Total discounted compliance costs of this proposed rule are
estimated at $76 million over the 10-year analysis period (2003-2012),
while first-year costs (in 2003) are estimated at $10 million. If we
divide these first-year costs by the 70,000 hiring companies estimated
to be hiring drivers within a given year, the
[[Page 42348]]
result is a total compliance cost of roughly $143 per motor carrier in
the first year of implementation.
Data from the 1997 Economic Census, SIC 4213 (derived from NAICS
Categories 484121, 484122, 484210, and 484230) divides trucking firms
into 11 revenue categories, beginning with those firms generating less
than $100,000 in annual gross revenues and ending with those generating
$100 million or more. As stated, ``small'' trucking firms are defined
here as those that generate less than $10 million in annual revenues.
The 1997 Economic Census divides these firms into eight specific
revenue categories. The annual revenue categories, the number of firms
in each, and the average annual revenues of firms in each category are
listed below in Table 1.
Table 1.--Average Annual Revenues of Small Trucking Firms (SIC 4213, ``Trucking, Except Local), by Revenue
Compliance costs Average pre-tax
Number of firms/% Average annual ($143), as % of profit margins,
Revenue category ($1,000s) of total small revenues avg. revenues by revenue size
firms ($1,000s) percent (percent)


text:
How To Make Wholesome Chocolate Chip Cookies
When individuals do lastly eat, the physique makes an attempt to shop that meals as well, causing weight gain, rather of the intended excess weight loss. So, however unusual it may appear, it is essential to consume regularly in order to lose excess weight. The much more frequently you eat, the more often the body uses power to metabolize the food, assisting your wholesome weight reduction. But what you consume is equally important. The body craves nutrients and not necessarily calorie dense meals. This article lists some wholesome food choices that you can indulge in for wholesome weight loss.
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The best tip if you wish to pace up even with the fast recipes is to prepare components such as cooked vegetables in advance. Make certain to keep them frozen so that when you add them to your food recipes, you just need to mix them in to what you are cooking. Via this, not only your cooking ideas will become easy, but also you can conserve a lot of time.
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Green Carpet, Eco-Friendly Carpet Cleansing
Carpet advantages from normal cleansing. But most of the people not aware by correct techniques of cleaning carpet. Grime and odors along with microscopic dust mites accumulate on carpets which can make them shed their charm, when this occurs, know that you stand in need of carpet cleansing solutions. Choosing the best carpet cleaning method for your carpet can be difficult, if you are unaware of the methods used. Given below is the description of some carpet cleansing techniques.
quality carpet cleaning machines can be rented from a lease-it-center, local components stores, or occasionally even your nearby grocery shop. You can also buy a home unit from a division store and many on-line stores. The machines arrive in both a tank and upright designs, and each designs work fairly well. It is suggested however, that you avoid the models with rotating brushes, as these have a tendency to cause wear of the carpet fibers.
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subset: commoncrawl


text:
StephenKing.com Message Board
TV & Made-for-TV Movies
'Salem's Lot
> Question
View Full Version :
March 1st, 2012, 07:20 PM
Is the 1979 movie faithful to the novel?
March 2nd, 2012, 11:22 AM
It's been so long since I watched it, I can't remember.
March 2nd, 2012, 11:52 AM
It's pretty decent. Gonna have to decide for yourself.
March 2nd, 2012, 02:37 PM
Faithful?...alas, no:down:...the movie had an affair with a late night chat show...and the resulting offspring were the infants of Reality TV....(what the hell did I just type?? Damn meds!)
Seb Shaw
March 9th, 2012, 05:23 AM
There are some bit that stay faithful, but then there are other bits that you think to yourself... urm, why did THAT happen?
But it is a decent watch and there are always going to be changes from book to screen.
I would recommend it, but just remember they have to make changes for a film audience :)
January 29th, 2013, 09:16 AM
I thought it was more of a 'condensed, simplified' version of the book, as often happens.
I was watching Hammer's 'Dracula, Prince of Darkness' the other day, and the famous scene in the bedroom with the two boys is essentially in that too, only it is two women - one turned vampire trying to persuade the other to let her in. It isn't as strong a scene as in 'Salem's Lot' but it is essentially the same. The fact that the vampires float just makes it scarier, and that they're kids, which is more disturbing.
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text: U.S. Open champion Andy Murray (Clive Brunskill, Getty Images) [ Murray Outlasts Djokovic to Win U.S. Open Title By Associated Press September 10, 2012 Andy Murray has won the U.S. Open in five grueling sets to become the first British man since 1936 to capture a Grand Slam title. Read More|Comment Category: Townsquare News Network, Townsquare News Sports Tags: Andy Murray, Novak Djokovic, Sports, tennis, U.S. Open Send to a friend! Print this page Share on Facebook Share on Twitter Pin it! Reddit This! Share on Tumblr!


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I just learned the Dole organic banana on my cereal I ate this morning, came all the way to Austin, Texas from La Guajira, Colombia.
How do I know? Tagged on the traditional Dole brand banana sticker is a tiny message: "Visit our Farm at doleorganic.com FARM 776. I went to the Web site and found Dole currently lists about 30 organic farms that supply their products.
My banana came from the Don Pedro Farm, "In the heart of La Guajira desert with a great view of the snowed peaks of the Sierra Nevada de Santa Marta, Dole Colombia operates a farm called Don Pedro. This farm has over 310 hectares of organic bananas and was established in 2005. This farm is currently certified under EU and NOP organic rules, ISO 14000 and SA 8000. Don Pedro promises to be one of the best producing organic banana farms in Latin America."
Dole has photos of the actual farm and some of the farm workers. This is a very impressive example of corporate transparency when it comes to environmental claims.
I'm glad to support this other country's farmers with my purchase, but what about the carbon pollution from the 'food miles' it takes to ship 2,113 miles to my grocery store? Dole appears to be working on that, finding ways to offset those emissions.
So, why can't all their bananas be organic (and the same price as non-organic)? Their web site makes no promises to be fully-organic, but encourages customers to keep the market growing, by continuing to purchase their organic certified bananas and pineapples.


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With luxurious suites twice the size of an average Manhattan hotel room, the Conrad New York hotel is cutting its current rates in half.
Stay Thursdays-Sundays, January-March, for $199 per night. Stay Dec. 16-25, including Christmas, for $169 per night. All bookings come with free Wi-Fi ($14 value).
The one-bedroom units at this new 5-star hotel all have a king bed and a separate living room with elegant furnishings and contemporary artwork. Add $30 per night for a room with two double beds.
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Not available on: Jan. 8-9


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Honors of Bellevue College Players Announced May 27, 2013
Brady Kerr was named the recipient of the Paul Villiott Most Inspirational Award.
photo by Rich Dworkis
Both the All-NWAACC teams and team awards were announced this weekend as fellow outfielders Jordan Richartz and Max Brown were both unanimous selections as All-NWAACC First Team outfielders. The pair hovered around the .400 batting clip all season long and were impact players on both the offensive and defensive sides.
The team also voted for the annual team awards last week. Brown received the Silver Bat Award, narrowly defeating Richartz, and also won the MVP Award. Richartz did not go home empty handed, as he was selected by his teammates as the Gold Glove Award winner. Brady Kerr, who on paper was one, if not the top catcher in the NWAACC slated to return this year, was forced to sit out the entire season due to elbow surgery. His presence among the club was still evident as he won the Paul Villiott Most Inspirational Award easily. Cody Culp, a reliever, edged out starters Jake Reppert and Nick Kiel for Most Valuable Pitcher Award. And in the tightest race, Sheldon Stober won the Most Improved Award by a narrow margin over fellow infielder-converted catcher, Ryan Malone. The award was based on improvement from the fall to end of spring of this season.
Jordan Richartz was named Gold Glove Award winner by the team.
Max Brown was named All-NWAACC outfielder and also won the team's Silver Bat and MVP Awards.
Cody Culp received Most Valuable Pitcher honors after his numerous clutch relief appearances for the Bulldogs.
Home | Prospective Athletes | Facilities | Administration | Staff Directory Bellevue Community College Athletics 3000 Landerholm Circle S.E., Mailstop G100, Bellevue, WA 98007-6484 (425) 564-2351 Please contact us with your questions


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The new four-CD box, Miles At The Fillmore - Miles Davis 1970: The Bootleg Series Vol. 3 set, due March 25, presents his unedited performances from the Fillmore East in New York, adding 135 minutes of previously unreleased music that includes a handful of tracks culled from performances earlier that year at the Fillmore West in San Francisco.
TONIGHT! Chat LIVE with Miles Davis' son, Erin Davis and nephew, Vince Wilburn, Jr. at 9pm EST / 6pm PST on iRock JAZZLIVE! Join the chat by using this link http://irockjazz.com/irock-jazz.
"A painting is music you can see, and music is a painting you can hear" -- Miles Davis
Thank you to everyone who participated in our Creative Allies contest to design a concert poster for Miles At The Fillmore! Congratulations to Lorenzo Belmonte on the winning design chosen by the Miles Family. Order your copy of the box set now at MilesDavis.com and get this exclusive poster with purchase!
At this year's South by Southwest conference and festival, join the Miles Davis House on Saturday, March 15th at the Old School Bar & Grill in Austin, TX from 12 p.m. to 6 p.m. Hosted by Cheryl Davis, Erin Davis and Vince Wilburn, Jr., the event will feature a happy hour with Miles Davis signature cocktails, a Miles Davis pop-up store with T-shirts, vinyl and swag, giveaways and party favors, live music performances and special guests. More details:
Miles At The Fillmore - Miles Davis 1970: The Bootleg Series Vol. 3 is now available for pre-order at the Miles Davis Official Store. When you buy the upcoming 4CD set from the official store, you also will receive an exclusive poster to be chosen by the Miles Davis Estate.
Today marks the 50th anniversary of Miles Davis' concert at Philharmonic Hall (now known as Avery Fisher Hall) at New York's Lincoln Center on February 12, 1964. The concert was part of a series of benefits co-sponsored by the NAACP, the Congress of Racial Equality and the Student Nonviolent Coordinating Committee to support voter registration in Mississippi and Louisiana, as well as an unofficial homage to President John F. Kennedy, who was assassinated in November 1963.
Fifty years ago, on Feb. 12, 1964, Miles Davis led a band through one of the most exciting gigs to ever take place at New York's Philharmonic Hall. The show was a cultural event: a benefit for voter registration in Louisiana and Mississippi at the high point of the the civil rights movement, and an unofficial homage to John F. Kennedy, who had been assassinated a few months before. And the recording of the evening would turn into not one, but two live albums: the ballad-based My Funny Valentine and the more frenetic Four & More.
Tom Schnabel from KCRW's Rhythm Planet examines the new Columbia Records box set of the complete mono recordings Miles Davis did from 1955-1961, as well as the first publication of his collected drawings and paintings, during an in-studio interview with Erin Davis (son of Miles) and Vince Wilburn, Jr. (nephew of Miles).
You can't have an exhibition about the concept of "cool" without Miles Davis.
Miles Davis is one of 100 people included in the new exhibition "American Cool" at the Smithsonian National Portrait Gallery, which begins today and runs until September 7th.
Each person was selected based on having at least three of the following four characteristics:
CANNES, FRANCE -- Kobalt Music Group (Kobalt) has concluded a major new deal to administer the entire catalogue of jazz legend Miles Davis.
Through the agreement struck with Miles Davis Properties LLC, the company formed by the Davis family estate, Kobalt has taken over worldwide administration of the Miles Davis catalog with immediate effect. As part of the deal, Kobalt's global synch licensing and creative teams will represent the works to develop new creative opportunities as well as to exploit his works for use in motion pictures, TV, advertising and other media.
The family of Miles Davis -- Erin, Cheryl and Vince -- express their condolences for the loss of actor Philip Seymour Hoffman. At the start of his career, the Academy Award winner was working as a lifeguard when he met Miles Davis. Here is the story from WENN in his own words:
"I was a lifeguard in my early 20s at this place, the Metropolitan Towers… in Manhattan, and no one swam at this place. Somebody told me that Miles Davis lived there and so Miles Davis walked in and I didn't want to make him feel uncomfortable so I pretended I didn't know him."
"He was wearing a Speedo (swimming trunks) with sunglasses and he had a towel and he got in the pool with his sunglasses and doggie-paddled about five laps, got out, took his sunglasses off and started talking to me because I don't think that he knew that I knew who he was."


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5 Stocks Pushing The Real Estate Industry Lower
Editor's Note: TheStreet ratings do not represent the views of TheStreet's staff or its contributors. Ratings are established by computer based on metrics for performance (which includes growth, stock performance, efficiency and valuation) and risk (volatility and solvency). Companies with poor cash flow or high debt levels tend to earn lower ratings in our modelTwo out of the three major indices are trading lower today with the Dow Jones Industrial Average (^DJI) trading up 15 points (0.1%) at 12,980 as of Tuesday, Dec. 4, 2012, 11:49 AM ET. The NYSE advances/declines ratio sits at 1,319 issues advancing vs. 1,553 declining with 162 unchanged.The Real Estate industry currently sits down 0.1% versus the S&P 500, which is down 0.1%. On the negative front, top decliners within the industry include Parkway Properties (PKY), down 5.3%, Altisource Portfolio Solutions (ASPS), down 1.3%, KKR Financial Corporation (KFN), down 1.2%, CBRE Group (CBG), down 1.3% and Icahn (IEP), down 0.7%.TheStreet Ratings group would like to highlight 5 stocks pushing the industry lower today:5. Redwood (RWT) is one of the companies pushing the Real Estate industry lower today. As of noon trading, Redwood is down $0.28 (-1.6%) to $16.52 on average volume Thus far, 248,655 shares of Redwood exchanged hands as compared to its average daily volume of 576,100 shares. The stock has ranged in price between $16.49-$16.83 after having opened the day at $16.80 as compared to the previous trading day's close of $16.79. Redwood Trust, Inc., a real estate investment trust (REIT), together with its subsidiaries, engages in investing, financing, and managing real estate assets. Redwood has a market cap of $1.4 billion and is part of the financial sector. The company has a P/E ratio of 15.9, below the S&P 500 P/E ratio of 17.7. Shares are up 64.2% year to date as of the close of trading on Monday. Currently there are 5 analysts that rate Redwood a buy, 1 analyst rates it a sell, and 2 rate it a hold.TheStreet Ratings rates Redwood as a hold. The company's strengths can be seen in multiple areas, such as its solid stock price performance, compelling growth in net income and revenue growth. However, as a counter to these strengths, we find that we feel that the company's cash flow from its operations has been weak overall. Get the full Redwood Ratings Report now.EXCLUSIVE OFFER: Jim Cramer's Protégé, Dave Peltier, only buys Stocks Under $10 that he thinks could potentially double. See what he's trading today with a 14-day FREE pass
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VeriSign (VRSN): Today's Post-Market Laggard
Watch Out: Barbarians At The Gate For National Fuel Gas Company (NFG)
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3rd-Party Presidential Nominees To Debate
October 23, 2012 by UPI - United Press International, Inc.
CHICAGO, (UPI) – U.S. Libertarian presidential nominee Gary Johnson should have been in the Obama-Romney debates, Larry King said before moderating a third-party debate Tuesday.
The former two-term New Mexico governor — who ran for the Republican presidential nomination last year before switching to the Libertarian Party — should have been allowed to join President Barack Obama and Republican nominee Mitt Romney in the three presidential debates, including the final one Monday night, because he is on the ballot in 48 of 50 states, the former CNN host said.
Michigan and Oklahoma are the only states where Johnson is not on the ballot. The Libertarian also enjoys the support of a few small "super PACs," The New York Times said.
"I would say if you're on the ballot in [that many] states, you should be in the debates," King told Politico as he prepared to moderate the first of two debates among third-party presidential nominees.
Some Republicans told the Times Johnson could be a spoiler in the Nov. 6 election, drawing votes from Romney in a very close election with Obama.
Tuesday night's debate, in Chicago at 8 p.m. CDT (9 p.m. EDT), was to bring together Johnson, Green Party nominee and former Massachusetts gubernatorial candidate Dr. Jill Stein, Constitution Party nominee and former GOP U.S. Rep. Virgil Goode of Virginia, and Justice Party nominee and former Democratic Salt Lake City Mayor Rocky Anderson.
The debate was to be carried live by C-SPAN, al-Jazeera English and RT, or Russia Today, and be streamed live online by Ora TV, Link TV and on the website of debate sponsor Free and Equal Elections Foundation.
It was not to be carried by CNN, Fox News Channel, MSNBC or any of the traditional U.S. broadcast networks.
A second debate, with two of the four candidates, is to take place in Washington Oct. 30, the foundation said Monday.
Viewers of the first debate were to be asked to choose through an online runoff vote, within 24 hours of Tuesday's debate, which two candidates they wanted to advance to the final debate, the foundation said.
The results are to be announced Thursday.
King said he agreed to moderate Tuesday night's debate because he thought smaller-party candidates "deserve a voice."
"It's obvious they're not going to win, but in the Constitution it never says there's a Democrat or a Republican Party," he told Politico. "It never mentions a two-party system. We've had Federalist presidents, Whig presidents. … We've always had independent candidates. They deserve a voice and they haven't had a voice in this campaign at all."
Debate questions would come from viewers, who were encouraged to submit them before and during the debate through social networks Facebook, Twitter, Reddit or Tout, Free and Equal Elections said.
The hashtag is #AskEmThisLarry. King will choose which questions to ask the candidates. But he told Politico he would jump in if the candidates dodge the issues.
"I'm used to debates, and the moderator has a role," he said. "It's not his show. It's their show. But he's not a potted plant."