Page:United States Statutes at Large Volume 109 Part 1.djvu/627

 PUBLIC LAW 104-59—NOV. 28, 1995 109 STAT. 611 "(ii) if the applicant and the Secretary enter into an agreement that provides that the appHcant while participating in the program— "(I) shall operate safely; "(II) shall provide the Secretary with accident and nonconfidential insurance-related information relevant to the safety performance of the applicant and vehicles and drivers of the applicant subject to the program; "(III) shall use in the program only drivers with good safety records in the preceding 36 months and who maintain such good safety records while in the program; and " (IV) shall implement such safety management controls as the Secretary (in cooperation with the applicant) determines are necessary to carry out the objectives of this subsection. "(B) SAFETi' MANAGEMENT CONTROLS.— Safety management controls implemented by participants in the program shall be designed to achieve a level of operational safety equal to or greater than that resulting from compliance with the regulations prescribed under this section and sections 504 and 31502. "(C) PAPERWORK BURDEN TO BE MINIMIZED.— The Secretary shall ensure that participants in the program are subject to a minimum of paperwork and regulatory burdens necessary to ensure compliance with the requirements of the program. " (D) ENCOLHAGEMENT OF ADVANCED TECHNOLOGY. — The Secretary shall encourage participants in the program to use such advanced technologies as may be necessary to ensure compliance with the requirements of the program. "(E) APPROVAL FACTORS.—In approving applicants for participation in the program, the Secretary shall— "(i) ensure that the participants represent a broad cross-section of fleet size and drivers of eligible vehicles; and "(ii) ensure participation by qualified applicants, except to the extent limited by resources of the Secretary that are necessary to permit effective monitoring under subparagraph (G). " (F) MODIFICATIONS TO REFLECT CHANGES IN REGULA- TIONS. —I f there is a material change in the regulations prescribed under this section or section 504 or 31502, the Secretary shall require each participant in the program to modify the safety management controls applicable to such participant, and the agreement provided for in subparagraph (A)(ii), to the extent necessary to reflect the material change. "(G) MONITORING.— The Secretary and participants in the program shall monitor periodically the safety of vehicles and drivers subject to the program. " (H) TERMINATION OF PARTICIPATION. —A participant shall participate in the program until— "(i) the Secretary finds that—

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