Federal Motor Carrier Safety Administration April 2012 – Federal Register Recent Federal Regulation Documents

FMCSA harmonizes its regulations with a recent Surface Transportation Board (STB) order that requires certain information about household goods motor carrier liability to appear on the estimates and bills of lading that carriers must provide to individual shippers.

FMCSA is withdrawing its proposed regulatory guidance for obstructive sleep apnea (OSA) and request for comment as published on April 20, 2012. The Agency is still in the process of carefully reviewing the recommendations submitted by the Motor Carrier Safety Advisory Committee and Medical Review Board. The initial publication was a clerical error. We anticipate requesting public comment on the recommendations later this year.

The Federal Motor Carrier Safety Administration (FMCSA) amends its Rules of Practice for Motor Carrier, Intermodal Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials proceedings. The Agency clarifies that paying the full proposed civil penalty in an enforcement proceeding, either in response to a Notice of Claim (NOC) or later in the proceeding, does not allow respondents to unilaterally avoid an admission of liability for the violations charged. Additionally, the Agency establishes procedures for issuing out-of- service orders to motor carriers, intermodal equipment providers, brokers, and freight forwarders it determines are reincarnations of other entities with a history of failing to comply with statutory or regulatory requirements; these procedures will provide for an administrative review before the out-of-service order takes effect. Finally, the Agency establishes a process for consolidating Agency records of reincarnated companies with their predecessor entities.

FMCSA announces receipt of applications from 10 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 requirement.

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit to the Office of Management and Budget (OMB) its request to revise a currently-approved information collection for Class I Motor Carriers of Passengers, (Form MP-1) entitled, ``Annual and Quarterly Reports.'' This information collection is necessary to ensure that motor carriers comply with financial and operating statistics requirements at 49 CFR part 369. The agency invites public comments on this information request.

In accordance with the Paperwork Reduction Act of 1995, this notice announces FMCSA's plan to submit to the Office of Management and Budget (OMB) its request to extend two currently-approved information collection requests (ICRs) as follows: (1) OMB Control Number 2126-0032 entitled, ``Annual Report of Class I and Class II Motor Carriers of Property (formerly OMB 2139-0004),'' and (2) OMB Control Number 2126- 0033 entitled, ``Quarterly Report of Class I Motor Carriers of Property (formerly OMB 2139-0002).'' These ICRs are necessary to ensure that motor carriers comply with FMCSA's financial and operating statistics requirements at chapter III of title 49 CFR part 369 entitled, ``Reports of Motor Carriers.'' The agency invites public comment on these ICRs.

FMCSA announces its decision to exempt twelve 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 requirement. 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.

This notice is to inform the public of a FY 2012 cooperative agreement opportunity being offered by the FMCSA in cooperation with the Federal Highway Administration (FHWA) to State agencies responsible for large truck roadside safety inspections. The FMCSA announces this cooperative agreement opportunity based on authorities provided for in the Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy of Users (Pub. L. 109-59). The cooperative agreement opportunity is to support the FMCSA and the FHWA to collect data for a Specialized Heavy Vehicle Inspection (SHVI) Study.

FMCSA announces receipt of applications from 22 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.

FMCSA announces its decision to exempt seventeen 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 that it will hold a public listening session to solicit information, concepts, ideas, and comments on Electronic On- Board Recorders (EOBRs) and the issue of driver harassment. Specifically, the Agency wants to know what factors, issues, and data it should consider as it addresses the distinction between productivity and harassment: What will prevent harassment from occurring; what types of harassment already exist; how frequently and to what extent harassment happens; and how an electronic device such as an EOBR, capable of contemporaneous transmission of information to a motor carrier, will guard against (or fail to guard against) harassment. Additionally, the Agency will solicit concepts, ideas, and comments from enforcement personnel on the hours-of-service (HOS) information they would need to see on the EOBR display screen to effectively enforce the HOS rules at the roadside and the type of evidence they would need to retain in order to support issuing drivers citations for HOS violations observed during roadside inspections. This session will be held in Bellevue, Washington (WA), and will allow interested persons to present comments, views, and relevant new research that FMCSA should consider in development of Supplemental Notice of Proposed Rulemaking (SNPRM). This listening session will be recorded and a transcript of the session will be placed in the docket for FMCSA's consideration. The listening session will also be webcast via the Internet and will allow for email interactivity during the webcast.