Federal Motor Carrier Safety Administration March 6, 2007 – Federal Register Recent Federal Regulation Documents
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Parts and Accessories Necessary for Safe Operation: Surge Brake Requirements
FMCSA amends the Federal Motor Carrier Safety Regulations to allow the use of automatic hydraulic inertia brake systems (surge brakes) on trailers when the ratios of gross vehicle weight ratings (GVWR) for the towing-vehicle and trailer are within certain limits. A surge brake is a self-contained permanently closed hydraulic brake system activated in response to the braking action of the towing vehicle. The amount of braking force developed by the trailer surge- brake system is proportional to the ratio of the towing vehicle to trailer weight and deceleration rate of the towing vehicle. This action is in response to a petition for rulemaking from the Surge Brake Coalition (Coalition).
Withdrawal of Regulatory Guidance Concerning the Use of Surge Brakes on Commercial Motor Vehicles
FMCSA withdraws all prior regulatory guidance, previously in the Federal Register, as well as memoranda and letters issued by the Agency, indicating that surge brakes do not meet certain provisions of the Federal Motor Carrier Safety Regulations (FMCSRs). Elsewhere in today's issue of the Federal Register, FMCSA amends the FMCSRs to allow the use of automatic hydraulic inertia brake systems (surge brakes) on trailers when the ratios of gross vehicle weight ratings for the towing-vehicle and trailer are within certain limits.
Identification of Vehicles: Oregon Department of Transportation Tax Credentials Petition for Determination
FMCSA denies a petition from the Oregon Department of Transportation (ODOT) for a determination that the State may continue to require interstate motor carriers to display weight-mile tax credentials (WMTCs) in commercial motor vehicles (CMVs) in Oregon. The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) prohibits States from requiring motor carriers to display in, or on, CMVs any form of identification other than forms required by the Secretary of Transportation. However, SAFETEA-LU also provides that a State may continue to require display of credentials that the Secretary determines are appropriate. ODOT requested that FMCSA determine that its WMTCs are appropriate under SAFETEA-LU. FMCSA denies ODOT's request because it could find no evidence to support a determination that the display of the WMTCs is appropriate. Therefore, the State of Oregon may no longer require interstate motor carriers to display WMTCs.
Notice of Request for Comments on Renewal of a Currently Approved Information Collection: Medical Qualification Requirements
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 pertains to the requirements set forth in 49 CFR parts 391 and 398 for the following activities: (1) A medical examination form and certificate to be completed by a licensed medical examiner; (2) The submission of an application to FMCSA for the Agency to resolve conflicts of medical evaluations between medical examiners; (3) A driver qualification (DQ) file for: (a) Motor carriers to include the medical certificate; (b) motor carriers of migrant workers to include a doctor's certificate for every driver employed or used by them; and (c) motor carriers to include a Skill Performance Evaluation (SPE) certificate issued to a driver with a limb disability; and (4) Information collected from carriers, drivers and interested parties used in Agency determinations for granting exemptions from the vision and diabetes requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). The Agency published a Federal Register notice allowing for a 60-day comment period on the ICR in October 2006 (71 FR 61822, Oct. 19, 2006). The Agency did not receive any comments in response to this notice.
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