Federal Motor Carrier Safety Administration 2006 – Federal Register Recent Federal Regulation Documents

The FMCSA announces that Volvo Trucks North America, Inc. (Volvo) has applied for an exemption from the Federal requirement that drivers of commercial motor vehicles (CMVs) have a commercial driver's license (CDL). Volvo requests that the exemption cover three Swedish engineers who will test-drive CMVs for Volvo within the United States. Each of the three Volvo employees currently holds a Swedish CDL. Volvo states that it requests the exemption to support Volvo field tests on future air-quality standards and to evaluate the performance of Volvo vehicles in ``real world'' environments.

FMCSA proposes changes to the New Entrant Safety Assurance Process that would raise the standard of compliance for passing the new entrant safety audit. The agency has identified 11 regulations that it believes are essential elements of basic safety management controls necessary to operate in interstate commerce and proposes that failure to comply with any one of the 11 regulations would result in automatic failure of the audit. Under this proposal, carriers would also be subject to the current safety audit evaluation criteria in Appendix A of part 385. Additionally, if a roadside inspection discloses certain violations, the new entrant would be subject to expedited actions to correct these deficiencies. The agency proposes to eliminate Form MCS- 150ASafety Certification for Application for USDOT Number. The agency also intends to check compliance with the Americans with Disabilities Act and certain household goods-related requirements in the new entrant safety audit, if they apply to the new entrant's operation. However, failure to comply with these requirements would not impact the outcome of the safety audit. These changes would not impose additional operational requirements on any new entrant carrier. All new entrants would continue to receive educational information on how to comply with the safety regulations and be given an opportunity to correct any deficiencies found. FMCSA recognizes many new entrants are small businesses that are unaware of these requirements and continue to need the agency's assistance. Finally, FMCSA would make clarifying changes to some of the existing new entrant regulations and establish a separate new entrant application procedure and safety oversight program for non-North America-domiciled motor carriers. FMCSA believes this proposal would improve its ability to identify at-risk new entrant carriers and ensure deficiencies in basic safety management controls are corrected before the new entrant is granted permanent registration.

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. This information collection renewal will be used to ensure that motor carriers of property and passengers maintain the appropriate levels of financial responsibility to operate on public highways. The Agency published a Federal Register notice allowing for a 60-day comment period on the ICR in August 2006 (71 FR 48967, Aug. 22, 2006). FMCSA did not receive any comments in response to this notice.

FMCSA announces receipt of applications from 66 individuals for exemptions from the prohibition against persons with insulin- treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate commercial motor vehicles in interstate commerce.

The FMCSA announces establishment of the Commercial Driver's License (CDL) Advisory Committee. Section 4135 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requires creation of a ``task force'' to study and address current impediments and foreseeable challenges to the CDL Program's effectiveness and measures needed to realize the full safety potential of the Program. The FMCSA is chartering an advisory committee under the Federal Advisory Committee Act (FACA) to satisfy this SAFETEA-LU requirement. This Notice provides background and details about the purpose and functions of the CDL Advisory Committee, in accordance with FACA, and discusses the issues the CDL Advisory Committee will study and address. The Secretary of Transportation will appoint to the CDL Advisory Committee 15 individuals, representing stakeholders. The CDL Advisory Committee will begin work by the end of calendar year 2006.

DOT intends to establish a system of records under the Privacy Act of 1974.

FMCSA invites public comment on its intent to request approval from the Office of Management and Budget (OMB) to revise three (3) information collections (ICs), entitled ``Motor Carrier Safety Assistance Program'' (2126-0010), ``Commercial Driver Licensing and Test Standards'' (2126-0011), and ``Transportation of Household Goods; Consumer Protection'' (2126-0025). These ICs are necessary to ensure that motor carriers comply with changes made by various provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995 and implementing regulations at 5 CFR 1320.10.

FMCSA announces the establishment of the Motor Carrier Safety Advisory Committee as required by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. The advisory committee will provide advice and recommendations to the FMCSA Administrator on the needs, objectives, plans, approaches, content, and accomplishments of motor carrier safety programs and motor carrier safety regulations. This notice also solicits nominations for interested persons to serve on the advisory committee. The Administrator will appoint up to 20 members to the Motor Carrier Safety Advisory Committee. The advisory committee will begin work in 2006.

FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to merge information from the medical certificate into the Commercial Driver's License (CDL) process as required by section 215 of the Motor Carrier Safety Improvement Act of 1999 (MCSIA). This NPRM would implement section 215 by requiring interstate CDL holders subject to the physical qualification requirements of the FMCSRs to provide a current original or copy of their medical examiner's certificates to their State Driver Licensing Agency (SDLA). It would also require the SDLA to record on the Commercial Driver License Information System (CDLIS) driver record the certification the driver made regarding applicability of 49 CFR part 391, and, for drivers subject to part 391, the medical status information proposed in this NPRM. The driver's certification as to the applicability of part 391 and the specified medical certification status information would be made available to personnel authorized in 49 CFR part 384 via CDLIS and National Law Enforcement Telecommunication System (NLETS) electronic inquiries, and on the CDLIS motor vehicle record (CDLIS MVR) obtained by employers and drivers. CDL drivers would no longer be required to carry the medical examiner's certificate, because their certification status would be verified electronically.

FMCSA announces that it has published an opportunity to apply for FY2007 MCSAP High Priority and New Entrant grant funding on the grants.gov Web site (https://www.grants.gov). Section 4101 of SAFETEA-LU (Pub. L. 109-59, August 10, 2005, 119 Stat. 1144) amends 49 U.S.C. 31104(a) and authorizes the Motor Carrier Safety Grants funding for FY2006 through FY2009. The authorized level of funding for MCSAP is $197,000,000 for FY2007, which includes up to $15,000,000 for High Priority grants and up to $29,000,000 for New Entrant Safety Audits. High priority funds are only available for activities conducted by State agencies, local governments, and organizations representing government agencies or officials that use and train qualified officers and employees in coordination with State motor vehicle safety agencies. States and local governments are eligible to apply for New Entrant funds. All applicants must submit an electronic application package through grants.gov. To apply using the grants.gov process, the applicant must be registered with grants.gov. To register, go to http:/ /www.grants.gov/applicants/getregistered.jsp. The applicant must download the grant application package, complete the grant application package, and submit the completed grant application package. This can be done on the Internet at https://www.grants.gov/applicants/apply forgrants.jsp. The CFDA number for MCSAP is 20.218.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 16 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

The FMCSA invites comments about our intention to request the Office of Management and Budget (OMB) to approve a new information collection. The new information collection is associated with an agency study by a research contractor which will investigate motor carriers that operate small passenger-transporting commercial motor vehicles (CMVs). The collected information would assist FMCSA with outreach initiatives to these newly regulated motor carriers of passengers. This notice is required by the Paperwork Reduction Act of 1995.

The Federal Motor Carrier Safety Administration (FMCSA) is holding a public listening session to obtain feedback on the Agency's Comprehensive Safety Analysis 2010 initiative (CSA 2010), a comprehensive review and analysis of FMCSA's current commercial motor carrier safety and enforcement programs. FMCSA will use the upcoming listening session to inform the public on the conceptual direction and progress of CSA 2010, and obtain feedback from its partners and stakeholders. To facilitate the upcoming listening session, FMCSA has included in this notice a number of questions that commenters are invited to address.

FMCSA announces that its MRB will hold a public meeting. The MRB members will continue deliberations about current FMCSA medical standards, as well as consider recommendations for new science-based standards and guidelines to ensure that the physical condition of drivers is adequate to enable them to safely operate commercial motor vehicles (CMVs) in interstate commerce. In accordance with the Federal Advisory Committee Act (FACA), the meeting is open to the public.

FMCSA announces receipt of applications from forty-five individuals for exemptions from the prohibition against persons with insulin-treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemptions would enable these individuals with ITDM to operate CMVs in interstate commerce.

The FMCSA announces that it is withdrawing its notice of an application for exemption upon the request of the applicant, FedEx Ground Package System, Inc. (FedEx).

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 18 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 42 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

The FMCSA announces that a public meeting will be held to discuss the problem of railroad-highway grade crossing crashes in which a commercial motor vehicle (CMV) is struck by a train because the driver of the CMV, for whatever reason, stops the vehicle prior to clearing the railroad track. The meeting is intended to promote the sharing of information between interested parties and FMCSA, the Federal Highway Administration (FHWA), and the Federal Railroad Administration (FRA) to ensure motor carriers and drivers are prepared to achieve full compliance with a forthcoming, statutorily mandated Federal rule to prohibit drivers from entering a railroad grade crossing unless there is sufficient room to clear the tracks completely without stopping. The meeting will provide all interested parties with an opportunity to voice their concerns about the potential costs and safety benefits of such a rule.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 19 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.

Section 4142 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), which was enacted into law August 10, 2005, authorizes the Secretary of Transportation (Secretary) to register brokers and freight forwarders of non-household goods (otherwise known as general commodities brokers and freight forwarders) if the Secretary finds that such registration is needed for the protection of shippers. FMCSA, which has been delegated authority to exercise the Secretary's functions and activities regarding broker and freight forwarder registration, is making a finding that registration of brokers and freight forwarders of non-household goods is needed for the protection of shippers. Accordingly, the Agency will continue to register all general commodities brokers and freight forwarders subject to its jurisdiction.

The FMCSA invites comments on its plan to request the Office of Management and Budget's (OMB) approval to renew an existing information collection. This information collection renewal will be used to assure that motor carriers of property and passengers maintain appropriate levels of financial responsibility to operate on public highways. This notice is required by the Paperwork Reduction Act of 1995.

This rule transfers and redesignates certain motor carrier reporting regulations currently found in 49 CFR Chapter XI to the Federal Motor Carrier Safety Administration (FMCSA) in 49 CFR Chapter III. On August 17, 2004, the Secretary of Transportation (Secretary) transferred responsibility for the Motor Carrier Financial and Operating Statistics Program from the Bureau of Transportation Statistics, now a part of the Research and Innovative Technology Administration, to FMCSA. Today's action transfers the applicable regulations to chapter III of title 49 CFR, establishes a new part 369 within that title, and makes conforming technical amendments to the redesignated regulations.

FMCSA announces its decision to exempt forty-seven individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to operate CMVs in interstate commerce.