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

Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2010-24210
Type: Notice
Date: 2010-09-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 32 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: 2010-24204
Type: Notice
Date: 2010-09-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 17 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.
Notice of Fiscal Year 2011 Safety Grants and Solicitation for Applications
Document Number: 2010-24044
Type: Notice
Date: 2010-09-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice is to inform the public of FMCSA's Fiscal Year (FY) 2011 safety grant opportunities and FMCSA's changes to its application dates. At present, FMCSA is operating under an extension of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy of Users (Pub. L. 109-59) which will expire December 31, 2010, unless extended by Congress. While the Agency expects new authorizing legislation to make changes to its grant programs, the Agency is preparing for FY 2011 assuming that the following grant programs will continue for part or all of the upcoming fiscal year. The 10 safety grant programs include the Motor Carrier Safety Assistance Program (MCSAP) Basic grants; MCSAP Incentive grants; MCSAP New Entrant Safety Audit grants; MCSAP High Priority grants; Commercial Motor Vehicle (CMV) Operator Safety Training grants; Border Enforcement grants (BEG); Commercial Driver's License Program Improvement (CDLPI) grants; Performance and Registration Information Systems Management (PRISM) grants; Safety Data Improvement Program grants (SaDIP); and the Commercial Vehicle Information Systems and Networks (CVISN) grants. It should be noted that FMCSA does not expect the Commercial Driver's License Information System (CDLIS) Modernization grants to be continued in reauthorization, and, therefore, FMCSA will not be soliciting applications for this grant program in FY 2011. FOR FURTHER INFORMATION: Please contact the following FMCSA staff with questions or needed information on the Agency's grant programs: MCSAP Basic/Incentive GrantsJack Kostelnik, john.kostelnik@dot.gov, 202-366-5721. New Entrant Safety Audits GrantsArthur Williams, arthur.williams@dot.gov, 202-366-3695. Border Enforcement GrantsCarla Vagnini, carla.vagnini@dot.gov, 202- 366-3771. MCSAP High Priority GrantsCim Weiss, cim.weiss@dot.gov, 202-366-0275. CMV Operator Safety Training GrantsJulie Otto, julie.otto@dot.gov, 202-366-0710. CDLPI GrantsBrandon Poarch, brandon.poarch@dot.gov, 202-366-3030. SaDIP GrantsCim Weiss, cim.weiss@dot.gov, 202-366-0275. PRISM GrantsTom Lawler, tom.lawler@dot.gov, 202-366-3866. CVISN GrantsJulie Otto, julie.otto@dot.gov, 202-366-0710. All staff may be reached at FMCSA, 1200 New Jersey Avenue, SE., Washington, DC 20590. Office hours are from 9 a.m. to 5 p.m., EST, Monday through Friday, except Federal holidays.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2010-24195
Type: Notice
Date: 2010-09-27
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 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 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.
Limiting the Use of Wireless Communication Devices
Document Number: 2010-23861
Type: Rule
Date: 2010-09-27
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) prohibits texting by commercial motor vehicle (CMV) drivers while operating in interstate commerce and imposes sanctions, including civil penalties and disqualification from operating CMVs in interstate commerce, for drivers who fail to comply with this rule. Additionally, motor carriers are prohibited from requiring or allowing their drivers to engage in texting while driving. FMCSA amends its commercial driver's license (CDL) regulations to add to the list of disqualifying offenses a conviction under State or local traffic laws or ordinances that prohibit texting by CDL drivers while operating a CMV, including school bus drivers. Recent research commissioned by FMCSA shows that the odds of being involved in a safety-critical event (e.g., crash, near-crash, unintentional lane deviation) is 23.2 times greater for CMV drivers who engage in texting while driving than for those who do not. This rulemaking increases safety on the Nation's highways by reducing the prevalence of or preventing certain truck- and bus-related crashes, fatalities, and injuries associated with distracted driving.
Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors
Document Number: 2010-24183
Type: Notice
Date: 2010-09-24
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
Change to FMCSA Policy on Calculating and Publicizing the Driver, Vehicle, and Hazardous Materials Out-of-Service Rates and Crash Rates
Document Number: 2010-23440
Type: Rule
Date: 2010-09-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
Under 49 CFR 385.407 FMCSA may not issue a hazardous materials safety permit (HMSP) to a motor carrier having a crash rate, or driver, vehicle, or hazardous materials (HM) out-of-service (OOS) rate in the top 30 percent of the national average. This document revises the date used to calculate the threshold crash and OOS rates, from calendar year cycles to fiscal year cycles, from October 1 of a given year to September 30 of the following year. This will provide motor carriers and the industry a 3-month preview of the crash and OOS rates FMCSA uses to determine HMSP eligibility, before the motor carrier HMSP registration cycle begins on January 1.
Parts and Accessories Necessary for Safe Operation: Antilock Brake Systems
Document Number: 2010-23479
Type: Rule
Date: 2010-09-21
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA makes permanent the existing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) that trailers with antilock brake systems (ABS) be equipped with an external malfunction indicator lamp. The existing indicator lamp requirement was originally scheduled to sunset on March 1, 2009, but the National Highway Traffic Safety Administration (NHTSA) published a final rule on August 25, 2009, that made permanent the requirement in the Federal Motor Vehicle Safety Standards (FMVSSs) that manufacturers equip trailers with ABS and an external antilock malfunction indicator lamp. As the requirement for an exterior ABS malfunction indicator lamp on trailers of the FMCSRs cross-references the requirements of the FMVSSs, this direct final rule makes the FMCSRs consistent with the August 2009 NHTSA final rule.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2010-23423
Type: Notice
Date: 2010-09-20
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt twenty-one 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.
Compliance With Interstate Motor Carrier Noise Emission Standards: Exhaust Systems
Document Number: 2010-23419
Type: Rule
Date: 2010-09-20
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In response to a petition for rulemaking from the Truck Manufacturers Association (TMA), the Federal Motor Carrier Safety Administration (FMCSA) amends its regulations to eliminate turbochargers from the list of equipment considered to be noise dissipative devices. As written, the regulation may allow vehicle operators to remove mufflers and still meet the Federal inspection requirements if commercial motor vehicle (CMV) engines are equipped with turbochargers. This was not the intent of that rule. Therefore, the Agency amends the rule to restore its original intent.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2010-23327
Type: Notice
Date: 2010-09-17
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 10 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.
Electronic On-Board Recorders for Hours-of-Service Compliance
Document Number: 2010-22736
Type: Rule
Date: 2010-09-13
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA amends its April 5, 2010, final rule that established new performance standards for electronic on-board recorders (EOBRs) installed in commercial motor vehicles (CMVs). In response to petitions for reconsideration from Qualcomm Incorporated, XATA Corporation, and a group of industry stakeholders, FMCSA amends requirements relating to the temperature range in which EOBRs must be able to operate, and the connector type specified for the Universal Serial Bus (USB) interface.
Agency Information Collection Activities; Extension of Currently Approved Collection: Transportation of Hazardous Materials, Highway Routing
Document Number: 2010-22734
Type: Notice
Date: 2010-09-13
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
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 its review and approval and invites public comment. The FMCSA requests approval to extend an existing ICR titled, ``Transportation of Hazardous Materials, Highway Routing.'' The information reported by States and Indian tribes is necessary to identify designated/restricted routes and restrictions or limitations affecting how motor carriers may transport certain hazardous materials on their highways, including dates that such routes were established and information on subsequent changes or new hazardous materials routing designations.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2010-22538
Type: Notice
Date: 2010-09-09
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its denial of 97 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck and bus drivers and the reasons for the denials. 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 does not 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; Vision
Document Number: 2010-22479
Type: Notice
Date: 2010-09-09
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 15 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.
Agency Information Collection Activities; Revision of an Approved Information Collection Request: Hazardous Materials Safety Permits
Document Number: 2010-22464
Type: Notice
Date: 2010-09-09
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
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 and invites public comment. The FMCSA requests approval to revise an existing ICR entitled ``Hazardous Materials Safety Permits,'' due to an increase in the estimated number of annual trips in which permitted hazardous materials (HM) are transported. This ICR requires companies holding permits to develop a communications plan that allows for the periodic tracking of the shipment. A record of the communications that includes the time of the call and location of the shipment may be kept by either the driver (e.g., recorded in the log book) or the company. These records must be kept, either physically or electronically, for at least six months at the company's principal place of business or readily available to the employees at the company's principal place of business. This ICR is being revised due to an increase in the estimated number of annual trips in which permitted HM is transported resulting in change to the total information collection burden for maintaining a daily communication record.
Notice of Request To Revise a Currently-Approved Information Collection Request: Motor Carrier Safety Assistance Program
Document Number: 2010-22462
Type: Notice
Date: 2010-09-09
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
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 and invites public comment. The FMCSA requests approval to revise an ICR entitled ``Motor Carrier Safety Assistance Program (MCSAP).'' The information required consists of grant application preparation, quarterly reports and electronic data documenting the results of driver/vehicle inspections performed by the States. This ICR is being revised due to an increase in the estimated number of State inspections that will be performed annually resulting in change to the estimated burden to perform this activity.
Notice of Request for Information (RFI): Training Certification for Drivers of Longer Combination Vehicles
Document Number: 2010-22458
Type: Notice
Date: 2010-09-09
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
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 and invites public comment. The FMCSA requests OMB approval to revise an ICR entitled, ``Training Certification for Drivers of Longer Combination Vehicles.'' This ICR is necessary because the training certificates drivers are required to present to prospective employers serve as proof the drivers have successfully completed the training to operate Longer Combination Vehicles (LCVs) safely on the Nation's highways. Motor carriers are required to maintain a copy of the training certification in each LCV driver's qualification file, which may be reviewed by Federal or State enforcement officials. This ICR is being revised due to an anticipated increase in the estimated number of LCV drivers submitting training certificates to employers resulting in change to the estimated information collection burden for this training task.
Agency Information Collection (IC) Activities; Revision of an Approved IC; Accident Recordkeeping Requirements
Document Number: 2010-22456
Type: Notice
Date: 2010-09-09
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to request that the Office of Management and Budget (OMB) approve revision of the Information Collection (IC) entitled, ``Accident Recordkeeping Requirements,'' because FMCSA has obtained more accurate data upon which to base calculation of the paperwork burden of this IC. The FMCSA invites public comment.