Federal Motor Carrier Safety Administration July 2009 – Federal Register Recent Federal Regulation Documents

The FMCSA announces regulatory guidance concerning its definition of ``principal place of business.'' The regulatory guidance is presented in a question-and-answer format and is generally applicable to motor carrier operations subject to the Federal Motor Carrier Safety Regulations. No prior interpretations or regulatory guidance concerning the term ``principal place of business,'' whether published or unpublished may be relied upon as authoritative if they are inconsistent with the guidance published today. This guidance will provide the motor carrier industry and Federal, State and local law enforcement officials with uniform information for use in determining which locations may be designated by a motor carrier as its principal place of business.

FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 6 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 exempt thirty-five 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 applications from 40 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the Federal vision standard.

On March 17, 2009, FMCSA published a notice in the Federal Register (74 FR 11318) extending the effective date of its January 16, 2009 final rule entitled ``Elimination of Route Designation Requirement for Motor Carriers Transporting Passengers Over Regular Routes'' until June 15, 2009. This allowed for the solicitation of additional public comments on the final rule and gave the incoming Administration sufficient time to consider and respond to comments. After reviewing the one comment that was received, FMCSA decided to allow the January

FMCSA announces its decision to exempt 23 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision standard. 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 solicits applications from interested physicians to serve on the Agency's Medical Review Board (MRB). The MRB, authorized by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), provides scientific advice to the Secretary of Transportation (the Secretary) and the FMCSA Administrator on medical issues relating to the physical qualification standards for commercial motor vehicle (CMV) drivers. In 2006, the Secretary appointed five physicians for 2-year terms to serve on the MRB. In 2008, the Secretary reappointed the physicians to the MRB, with the chairperson currently serving a 2-year term, and the other four members serving staggered 1-year terms. In 2009, the Secretary appointed two new members to a 2-year term, and reappointed two of the current members to a 1-year term to ensure the MRB continued to operate with five active members. The term of the chairman and two members will expire in 2010. Therefore, in 2010, the Secretary will appoint three new MRB members to fill the vacancies created when the three current members' terms expire. In addition, the Secretary will appoint alternates to serve if one or more of the appointed MRB members is unable to complete his/her term. The appointment of alternates ensures that the MRB will operate continuously with five active members.

FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 21 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 grant Rotel North American Tours, LLC (Rotel), amendment of its existing exemption that permits 22 named drivers, employed by Rotel and possessing German CDLs, to operate commercial motor vehicles (CMVs) in the U.S. without a CDL issued by one of the States. The Rotel roster of its 22 exempt drivers is amended to permit three new Rotel drivers to be substituted for three drivers no longer employed by Rotel. The new Rotel drivers are subject to all the terms and conditions of the current exemption, including its expiration date of July 30, 2010.