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

In accordance with the Paperwork Reduction Act of 1995 FMCSA announces its intent to submit two currently-approved Information Collection Requests (ICRs) described to the Office of Management and Budget (OMB) for review and approval. The ICRs describes two information collection activities and their expected costs and burdens. The Federal Register notice allowing for a 60-day comment period on the ICRs was published on January 18, 2006 (71 FR 2985). The agency received five comments in support of the continuation of these ICRs.

FMCSA announces its decision to exempt 19 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSR). The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the vision standard prescribed in 49 CFR 391.41(b)(10). The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these CMV drivers.

FMCSA invites public comment on its plan to request the Office of Management and Budget's (OMB) approval to collect information on new forms entitled ``Carrier Contact Information Sheets.'' The information will be collected from United States and Canada-based motor carriers through the use forms, and used by FMCSA Safety Auditors and Safety Investigators to prepare in advance for Compliance Reviews (CRs) and New Entrant Program Safety Audits (NEPSAs); Pre-authority Safety Audits (PASAs) and CRs of certain Mexico-domiciled motor carriers; and NEPSAs and CRs of Non-North American motor carriers. FMCSA conducts CRs to determine motor carrier compliance with the Federal Motor Carrier Safety Regulations (FMCSRs) and other regulations overseen by FMCSA. In accordance with section 350 of the 2002 DOT Appropriations Act and the Agency's regulations, all Mexico-domiciled long-haul carriers must successfully complete a PASA before receiving authority to operate in the United States and must receive a CR within their first 18 months of operations in the United States. All other motor carriers receive CRs to determine their safety fitness. FMCSA conducts NEPSAs in accordance with section 210 of the Motor Carrier Safety Improvement Act of 1999, which requires safety reviews of all new entrants during their first 18 months of operations. The information collected from motor carriers will be used to assist safety investigators to become familiar with the motor carrier's operation prior to visiting the carrier's place of business. The information collected will include, but is not limited to, company information and contact persons, business type, insurance, type of cargo transported, vehicle and driver information and controlled substance testing information. Additional information will be collected from carriers who transport hazardous materials, household goods, and passengers or are domiciled in Mexico. This notice is required by the Paperwork Reduction Act of 1995.

FMCSA announces that it has received an application for exemption from a requirement in its hours-of-service (HOS) rules from the Institute of Makers of Explosives (IME). IME requests that a member of a driving team who is transporting hazardous materials requiring constant attendance in accordance with the Federal Motor Carrier Safety Regulations and who is using the sleeper berth be allowed to exit the sleeper berth for brief specified periods without being considered ``on duty.'' FMCSA requests public comment on IME's application for exemption.

FMCSA announces its decision to exempt six 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.

FMCSA announces receipt of application from Mr. Thomas Deke for an exemption from the prohibition against persons with insulin- treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemption would enable Mr. Deke to operate commercial motor vehicles in interstate commerce.

FMCSA announces the third in a series of public meetings concerning the implementation of the North American Standard for Protection Against Shifting or Falling Cargo. On September 27, 2002, FMCSA published a Final Rule revising its regulations concerning protection against shifting and falling cargo for commercial motor vehicles (CMVs) engaged in interstate commerce. The final rule is based on the North American Cargo Securement Standard Model Regulations, which reflect the results of a multi-year comprehensive research program to evaluate U.S. and Canadian cargo securement regulations. Motor carriers operating in the United States had until January 1, 2004, to comply with the new regulations. On September 23, 2004, Canada's Council of Ministers Responsible for Transportation and Highway Safety approved a new National Safety Code Standard for cargo securement. Full implementation of the new cargo securement requirements in Canada began in the summer of 2005. This meeting is the third in a series of meetings to discuss the process for ensuring the consistent interpretation and enforcement of the harmonized cargo securement standards by FMCSA and the Canadian Provinces. The meeting is being held in connection with the Commercial Vehicle Safety Alliance (CVSA)'s 2006 Annual Conference.