Federal Motor Carrier Safety Administration June 2010 – Federal Register Recent Federal Regulation Documents

Qualification of Drivers; Exemption Applications; Vision
Document Number: 2010-15679
Type: Notice
Date: 2010-06-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 60 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 exemption renewals will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Qualification of Drivers; Exemption Renewals; Vision
Document Number: 2010-15676
Type: Notice
Date: 2010-06-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 29 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.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2010-15673
Type: Notice
Date: 2010-06-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 20 individuals for exemption 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.
Qualification of Drivers; Exemption Renewals; Vision
Document Number: 2010-15663
Type: Notice
Date: 2010-06-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 17 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.
Commercial Driver's License (CDL) Standards: Granting of Exemption; Volvo Trucks North America
Document Number: 2010-15077
Type: Notice
Date: 2010-06-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to grant Volvo Trucks North America, Inc.'s (Volvo) application for exemption to enable one of its drivers to test-drive commercial motor vehicles (CMV) in the United States without a commercial driver's license (CDL) issued by one of the States. Volvo asserts that the exemption is necessary to support a field test to meet future air quality standards and to test-drive Volvo prototype CMVs. Volvo's driver holds a valid CDL issued in Sweden but lacks the U.S. residency necessary to obtain a CDL issued by one of the States. FMCSA believes the knowledge and skills testing and training program that drivers must undergo to obtain a Swedish CDL ensure that Volvo's driver will achieve a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption.
Cargo Insurance for Property Loss or Damage
Document Number: 2010-14866
Type: Rule
Date: 2010-06-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration eliminates the requirement for most for-hire motor common carriers of property and freight forwarders to maintain cargo insurance in prescribed minimum amounts and file evidence of this insurance with FMCSA. Household goods motor carriers and household goods freight forwarders will continue to be subject to this cargo insurance requirement.
Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors
Document Number: 2010-15078
Type: Notice
Date: 2010-06-21
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2010-14538
Type: Notice
Date: 2010-06-16
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 25 individuals for exemption 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.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2010-14537
Type: Notice
Date: 2010-06-16
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 30 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.
Hours of Service of Drivers: RockTenn, Application for Exemption
Document Number: 2010-14274
Type: Notice
Date: 2010-06-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it has received an application from RockTenn requesting an exemption from the driver hours-of-service (HOS) provisions in Part 395 of the Federal Motor Carrier Safety Regulations. The exemption request is for RockTenn's shipping department employees and occasional substitute commercial driver's license (CDL) holders who transport paper mill products between their shipping and receiving locations on a public road. RockTenn requests this exemption to allow these individuals to work up to 16 hours per day and be allowed to return to work with less than the mandatory 10 consecutive hours off- duty. FMCSA requests public comment on the RockTenn application for exemption.
Commercial Driver's License (CDL) Standards; Volvo Trucks North America, Inc.'s Exemption Application
Document Number: 2010-14270
Type: Notice
Date: 2010-06-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to grant Volvo Trucks North America, Inc.'s (Volvo) application for an exemption for two Volvo drivers to drive commercial motor vehicles (CMVs) in the United States without possessing the requisite CDL issued by one of the States. Magnus Ericsson and Conny Harlin are part of a team of Volvo engineers and technicians test-driving Volvo prototype CMVs in U.S. environments. Each of these drivers holds a valid Swedish CDL but lacks the U.S. residency necessary to obtain a CDL issued by one of the States of the U.S. FMCSA believes the rigorous training and testing that drivers must undergo to obtain a Swedish CDL, and the excellent safety record of both of these drivers, ensure that these drivers will likely achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained in the absence of the exemption.
Commercial Driver's License (CDL) Standards; Volvo Trucks North America, Renewal of Exemption
Document Number: 2010-14264
Type: Notice
Date: 2010-06-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA renews Volvo Trucks North America's (Volvo) exemption from the Agency's requirement for certain drivers of commercial motor vehicles (CMVs) to hold a commercial driver's license (CDL). Volvo requested that its exemption for five Swedish engineers and technicians be renewed to enable these individuals to continue test-driving CMVs in the United States for Volvo. Each of these individuals holds a valid Swedish CDL. FMCSA believes the training program and knowledge and skills testing that drivers must undergo to obtain a Swedish CDL ensure a level of safety equivalent to, or greater than, the level of safety that would be obtained by complying with the U.S. requirement for a CDL.
Parts and Accessories Necessary for Safe Operation; Application for an Exemption From the Flatbed Carrier Safety Group
Document Number: 2010-14224
Type: Notice
Date: 2010-06-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA requests public comment on an application for exemption from the Flatbed Carrier Safety Group (FCSG) regarding the securement of metal coils on a flatbed vehicle, in a sided vehicle, or in an intermodal container loaded with eyes crosswise, grouped in rows, in which the coils are loaded to contact each other in the longitudinal direction. FCSG wants to use the pre-January 1, 2004 cargo securement regulations for the transportation of groups of metal coils with eyes crosswise.
Commercial Driver's License (CDL) Standards; Rotel North American Tours, LLC; Application for Renewal of Exemption; Request for Comments
Document Number: 2010-14223
Type: Notice
Date: 2010-06-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that Rotel North American Tours, LLC (Rotel), has applied for renewal of its current exemption permitting 22 named drivers, employed by Rotel and possessing German CDLs, to operate commercial motor vehicles (CMVs) in the United States without a CDL issued by one of the States. Rotel asks that the current exemption, due to expire on July 30, 2010, be renewed subject to the terms and conditions of the current exemption for an additional period of 2 years.
Parts and Accessories Necessary for Safe Operation; Applications for an Exemption From Con-Way Freight, TK Holdings, Inc., and Iteris, Inc.
Document Number: 2010-14222
Type: Notice
Date: 2010-06-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA requests public comment on applications for exemption from Con-way Freight (Con-way), TK Holdings, Inc. (Takata), and Iteris, Inc. (Iteris) regarding the placement of lane departure warning system sensors at the top of the windshields of commercial motor vehicles (CMVs). Each applicant requests that FMCSA permit the mounting of the lane departure warning system sensors near the top of the windshield, and within the swept area of the windshield wipers, which is currently prohibited by the Agency's regulations. The lane departure warning system would be used to alert a driver when he or she unintentionally drifts out of their lane of travel, thus promoting improved safety performance of CMV drivers. Each applicant contends that this mounting position does not adversely impact driver visibility.
Commercial Driver's License (CDL) Standards: Exemption
Document Number: 2010-13903
Type: Notice
Date: 2010-06-10
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA has denied National Agricultural Aviation Association's (NAAA) application for exemption, and, in a separate action, has denied U.S. Custom Harvesters, Inc.'s (USCHI) suggestion for a pilot program. Each request asked FMCSA to permit the transportation of hazardous materials (HM) by drivers who have not obtained an HM endorsement for their commercial driver's license (CDL) as required by current regulations. FMCSA reviewed NAAA's application for exemption and the public comments received on it, and also reviewed USCHI's suggestion for a pilot program, and rendered each decision upon its merits.
Policy on the Retention of Supporting Documents and the Use of Electronic Mobile Communication/Tracking Technology in Assessing Motor Carriers' and Commercial Motor Vehicle Drivers' Compliance With the Hours of Service Regulations
Document Number: 2010-13901
Type: Notice
Date: 2010-06-10
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) provides notice to the motor carrier industry and the public of regulatory guidance and policy changes regarding the retention of supporting documents and the use of electronic mobile communication/ tracking technology in assessing motor carriers' and commercial motor vehicle drivers' compliance with the hours of service regulations.
Regulatory Guidance Concerning the Preparation of Drivers' Record of Duty Status To Document Compliance With the Hours-of-Service Requirements
Document Number: 2010-13900
Type: Rule
Date: 2010-06-10
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA announces regulatory guidance concerning the requirement for interstate commercial motor vehicle (CMV) drivers to prepare, in duplicate, a record of duty status for each 24-hour period. FMCSA has determined that the current requirement may be satisfied through the preparation of an original handwritten record, and subsequent electronic submission to the motor carrier of a scanned image of the original record; the driver would retain the original while the carrier maintains the electronic scanned electronic image along with any supporting documents. The guidance is applicable to all interstate drivers of CMVs subject to the Federal Motor Carrier Safety Regulations (FMCSRs).
Rules of Practice
Document Number: 2010-13591
Type: Notice
Date: 2010-06-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA announces that it is re-evaluating the appropriateness and effectiveness of the informal hearing procedure authorized under the Agency's Rules of Practice. Although proceedings where an informal hearing has already been requested will continue to be processed under the Rules of Practice, the Agency will not entertain any new requests for informal hearings pending its re-evaluation of the procedure.
Withdrawal of Regulatory Guidance Concerning the Federal Motor Carrier Safety Regulations
Document Number: 2010-13401
Type: Notice
Date: 2010-06-04
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces the withdrawal of a number of items of regulatory guidance concerning the Federal Motor Carrier Safety Regulations (FMCSRs) that are now obsolete as a result of rules published by FMCSA and found in 49 CFR part 393, ``Parts and accessories necessary for safe operation.'' All prior interpretations and regulatory guidance concerning the applicability of the obsolete FMCSRs that were published in the Federal Register, as well as memoranda and letters concerning those regulations, may no longer be relied upon as authoritative if they are inconsistent with the revised and/or amended regulations.
Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors
Document Number: 2010-13396
Type: Notice
Date: 2010-06-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation