109 STAT. 612 PUBLIC LAW 104-59—NOV. 28, 1995 "(I) the participant has exceeded the average ratio of preventable accidents to vehicle miles traveled for a period of 12 months for eligible vehicles; "(11) the participant has failed to comply with the requirements established by the Secretary for participation in the program (including applicable safety management controls); or "(III) continued participation in the program is not in the public interest; or "(ii) the participant voluntarily withdraws from the program. "(I) EMERGENCIES. — The Secretary may suspend or modify participation in the program in case of emergency. " (J) GUIDELINES.— "(i) IN GENERAL. — Not later than the 270th day following the date of the enactment of this paragraph, the Secretary, after notice and opportunity for comment, shall establish criteria and define any terms necessary for implementing the program consistent with this section. In establishing the criteria, the Secretary may consider to what extent and under what conditions safety management controls may substitute, in whole or in part, for compliance with some or all of the regulations prescribed under this section and sections 504 and 31502. Effective date. "(ii) LIMITATION. —Notwithstanding clause (i), the program shall take effect on or before the 270th day following the date of the enactment of this paragraph. If the rulemaking described in clause (i) is not completed on or before such 270th day, the Secretary shall issue interim criteria, consistent with this section, pending the completion of the rulemaking described in this subsection. "(K) ELIGIBLE VEHICLES. —For purposes of this subsection, the term 'eligible vehicle' means a commercial motor vehicle with a gross vehicle weight rating of at least 10,001 pounds, but not more than 26,000 pounds, other than a vehicle— "(i) designed to transport more than 15 passengers, including the driver; or "(ii) used in transporting material found by the Secretary to be hazardous under section 5103 and transported in a quantity requiring placarding under the regulations issued under such section. "(3) REVIEW OF REGULATIONS. —Based in part on the information and experience obtained from the program, the Secretary shall conduct a zero-based review of the need for, and the costs and benefits of, all regulations prescribed under this section and sections 504 and 31502 to determine whether and to what extent such regulations should apply to eligible vehicles. The review shall focus on the appropriate level of safety that is in the public interest and the paperwork and regulatory burdens of such regulations as the regulations apply to employers and employees that use such vehicles. The Secretary shall complete the review by the last day of the 3- year period beginning on the date of the enactment of this paragraph. Upon completion of the review, the Secretary shall.
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