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

Hours of Service of Drivers: RockTenn, Exemption Application
Document Number: 2012-12819
Type: Notice
Date: 2012-05-29
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to grant RockTenn an exemption from the driver hours-of-service (HOS) provisions of the Federal Motor Carrier Safety Regulations (FMCSRs). This limited exemption is for RockTenn's shipping department employees and occasional substitute commercial driver's license (CDL) holders who transport paper mill products short distances between its shipping and receiving locations on a public road. The exemption is restricted to a specific route. RockTenn requested an exemption from the HOS regulation that prohibits drivers from operating property-carrying commercial motor vehicles (CMVs) after the 14th hour of coming on duty. This exemption will allow these individuals to occasionally work up to 16 consecutive hours and be allowed to return to work with less than the mandatory 10 consecutive hours off duty.
Commercial Driver's License (CDL) Standards; Daimler Trucks North America (Daimler) Exemption Application
Document Number: 2012-12833
Type: Notice
Date: 2012-05-25
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to grant Daimler Trucks North America's (Daimler) application for an exemption for two Daimler drivers to drive commercial motor vehicles (CMVs) in the United States without possessing the requisite commercial driver's license (CDL) issued by one of the States. George Weiberg and Klaus-Dieter Holloh are field test engineers who will be test-driving Daimler vehicles on U.S. roads in order to meet future vehicle safety and environmental regulatory requirements and to promote the development of technology advancements in vehicle safety systems and emissions reductions. Each of these drivers holds a valid German CDL but lacks the U.S. residency necessary to obtain a CDL issued by one of the States. FMCSA believes that the process for obtaining a German-issued CDL is comparable to or is as effective as the U.S. CDL requirements and ensures 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.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2012-12763
Type: Notice
Date: 2012-05-25
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt thirteen 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 in one eye. 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.
Qualification of Drivers; Application for Exemptions; National Association of the Deaf
Document Number: 2012-12636
Type: Notice
Date: 2012-05-25
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that the National Association of the Deaf (NAD) has applied for exemptions on behalf of 45 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). In accordance with the statutory requirements concerning applications for exemptions, FMCSA requests public comments on NAD's request. The statute and implementing regulations concerning exemptions require that exemptions must provide an equivalent or greater level of safety than if they were not granted. If the Agency determines the exemptions would satisfy the statutory requirements and decides to grant the NAD's request after reviewing the public comments submitted in response to this notice, the exemptions would enable these 45 individuals to qualify as drivers of CMVs in interstate commerce without meeting the Federal hearing standard.
Regulatory Guidance on Entering Data in an Automatic On-Board Recording Device While Commercial Motor Vehicle Is in Motion
Document Number: 2012-12693
Type: Rule
Date: 2012-05-24
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA issues regulatory guidance to clarify that a co-driver may make entries to an automatic on-board recording device (AOBRD) while a commercial motor vehicle (CMV) is in motion. The prohibition in 49 CFR 395.15 against making entries to an AOBRD while the vehicle is in motion pertains only to the current driver. This guidance responds to recent inquiries from manufacturers of recording devices concerning updates to the duty status of co-drivers making the transition from the passenger seat to the sleeper berth or vice versa.
Commercial Driver's License Testing and Commercial Learner's Permit Standards
Document Number: 2012-12692
Type: Rule
Date: 2012-05-24
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
On May 9, 2011, FMCSA published a final rule titled ``Commercial Driver's License Testing and Commercial Learner's Permit Standards.'' Among other things, the rule revised the definition of ``tank vehicle.'' The change required additional drivers, primarily those transporting certain tanks temporarily attached to the commercial motor vehicle (CMV), to obtain a tank vehicle endorsement on their commercial driver's license (CDL). The Agency has since received numerous questions and requests for clarification. This notice responds to questions about the new definition and the compliance date for drivers to obtain the tank vehicle endorsement.
Improvements to the Compliance, Safety, Accountability (CSA) Motor Carrier Safety Measurement System (SMS)
Document Number: 2012-12634
Type: Notice
Date: 2012-05-24
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
On March 27, 2012, FMCSA announced planned improvements to the Carrier Safety Measurement System (SMS). A preview of these improvements and their potential effects on a motor carrier's status has been available to motor carriers and law enforcement since publication of the notice. The system changes were scheduled to be implemented for use in prioritizing FMCSA and State intervention resources and made available to the public on the SMS public Web site in July 2012. However, based on feedback received by the Agency, FMCSA extends the comment period for motor carriers and law enforcement to July 30, 2012.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2012-11912
Type: Notice
Date: 2012-05-17
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 18 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 Applications; Diabetes Mellitus
Document Number: 2012-11911
Type: Notice
Date: 2012-05-17
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 16 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.
Agency Information Collection Activities; Extension of a Currently Approved Collection; Training Certification for Entry-Level Commercial Motor Vehicle Operators
Document Number: 2012-11909
Type: Notice
Date: 2012-05-17
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 has developed an improved estimate of the number of annual responses to this information collection. The result is an increase in the Agency's estimate of the total annual burden hours of this collection.
Unsatisfactory Safety Rating; Revocation of Operating Authority Registration; Technical Amendments
Document Number: 2012-11438
Type: Rule
Date: 2012-05-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This final rule repromulgates in the Code of Federal Regulations a statutory requirement that FMCSA revoke the operating authority registration of a for-hire motor carrier for failure to comply with safety fitness requirements; if the Agency determines that a motor carrier is ``Unfit'' based on its Safety Fitness Determination procedures, the Agency must revoke the carrier's operating authority registration. Unfit motor carriers are prohibited from operating in interstate commerce, and the Secretary of Transportation is required by statute to revoke their operating authority registration. This final rule also repromulgates several technical provisions and makes non-substantive administrative changes. These changes, initially adopted as part of the April 5, 2010, final rule entitled ``Electronic On-Board Recorders for Hours-of-Service Compliance,'' are necessary because, for reasons unrelated to this final rule, the United States Court of Appeals for the Seventh Circuit invalidated the previous rule.
Electronic On-Board Recorders for Hours-of-Service Compliance; Removal of Final Rule Vacated by Court
Document Number: 2012-11437
Type: Rule
Date: 2012-05-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This final rule rescinds the final rule published on April 5, 2010, entitled ``Electronic On-Board Recorders for Hours-of-Service Compliance'' and amended by a September 13, 2010, technical amendment. This action responds to a decision of the Court of Appeals for the Seventh Circuit that vacated the April 2010 final rule.
Commercial Driver's License Testing and Commercial Learner's Permit Standards
Document Number: 2012-10931
Type: Rule
Date: 2012-05-08
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA published a final rule in the Federal Register on Monday, May 9, 2011, that became effective on July 8, 2011. That final rule amended the commercial driver's license (CDL) knowledge and skills testing standards and established new minimum Federal standards for States to issue the commercial learner's permit (CLP). Since the final rule was published, FMCSA identified minor discrepancies regarding section references in existing regulatory text resulting from the final rule. This document corrects those section references.
Motor Carrier Safety Advisory Committee (MCSAC): Public Meeting
Document Number: 2012-10932
Type: Notice
Date: 2012-05-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that MCSAC will hold a meeting on Monday - Wednesday, May 21-23, 2012. On Monday and Tuesday, May 21 and 22, MCSAC will consider ideas and concepts to address certain open recommendations of the National Transportation Safety Board (NTSB). Wednesday, May 23, will be reserved for MCSAC's Cross-Border trucking subcommittee and the Motorcoach Hours-of-Service (HOS) subcommittee. All three days of the meeting will be open to the public.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2012-10929
Type: Notice
Date: 2012-05-07
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 16 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.