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

Qualification of Drivers; Exemption Applications; Vision
Document Number: 2012-21229
Type: Notice
Date: 2012-08-29
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 13 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. 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; Exemption Applications; Vision
Document Number: 2012-21219
Type: Notice
Date: 2012-08-29
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 14 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; Vision
Document Number: 2012-21213
Type: Notice
Date: 2012-08-29
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 35 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; Vision
Document Number: 2012-21205
Type: Notice
Date: 2012-08-29
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 19 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2012-21200
Type: Notice
Date: 2012-08-29
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 28 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.
Agency Information Collection Activities; Revision of a Currently-Approved Information Collection Request: Information Technology Services Survey Portal Customer Satisfaction Assessment (Formerly COMPASS Portal Consumer Satisfaction Assessment)
Document Number: 2012-21197
Type: Notice
Date: 2012-08-29
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 collection involves the assessment of FMCSA's strategic decision to integrate its Information Technology (IT) with its business processes using portal technology to consolidate its systems and databases through the FMCSA Information Technology Services Survey modernization initiative. The information to be collected will be used to assess the satisfaction of Federal, State, and industry customers with the FMCSA Information Technology Services Survey Portal. The name of the ``COMPASS Portal Customer Satisfaction Assessment,'' information collection request (ICR) is being changed to ``Information Technology Services Survey Portal Customer Satisfaction Assessment,'' to reflect the need for a broader term than ``COMPASS'' for the portal.
Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors
Document Number: 2012-21296
Type: Notice
Date: 2012-08-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
Agency Response to Public Comments of Safety Measurement System Changes
Document Number: 2012-21196
Type: Notice
Date: 2012-08-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) announces changes to the Carrier Safety Measurement System (SMS). A preview of the original improvements became available to motor carriers and law enforcement on March 27, 2012, and will remain available until the SMS changes become operational. The SMS improvements are now scheduled to be operational in December 2012. Comments to the preview were reviewed and considered. This notice explains the Agency's modifications to the changes announced in March and describes four additional changes that will be implemented in December.
Agency Information Collection Activities; Revision of Currently-Approved Information Collection Request: Annual Report of Class I and Class II Motor Carriers of Property
Document Number: 2012-20756
Type: Notice
Date: 2012-08-28
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. FMCSA requests approval to revise an ICR entitled, ``Annual Report of Class I and Class II Motor Carriers of Property (formerly OMB 2139-0004),'' which is used 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 this ICR. On April 20, 2012, FMCSA published a Federal Register notice allowing for a 60-day comment period on the ICR. One comment was received in responses to the above notice from the National Motor Freight Traffic Association, Inc., (NMFTA) in support of continuing this ICR. FMCSA concurs with this comment.
Transportation of Household Goods in Interstate Commerce; Consumer Protection Regulations: Household Goods Motor Carrier Record Retention Requirements
Document Number: 2012-21031
Type: Rule
Date: 2012-08-27
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA confirms the effective date for its July 16, 2012, direct final rule concerning the period during which household goods (HHG) motor carriers must retain documentation of an individual shipper's waiver of receipt of printed copies of consumer protection materials. The direct final rule harmonized the retention period with other document retention requirements applicable to HHG motor carriers. FMCSA also amended the regulations to clarify that a HHG motor carrier is not required to retain waiver documentation from any individual shippers for whom the carrier does not actually provide services. The Agency did not receive any comments in response to the direct final rule and confirms the November 13, 2012, effective date of the rule.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2012-21027
Type: Notice
Date: 2012-08-27
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 10 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. 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; Exemption Applications; Diabetes Mellitus
Document Number: 2012-21025
Type: Notice
Date: 2012-08-27
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 23 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.
Rescission of Quarterly Financial Reporting Requirements
Document Number: 2012-21021
Type: Rule
Date: 2012-08-27
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA withdraws its June 27, 2012, direct final rule eliminating the quarterly financial reporting requirements for certain for-hire motor carriers of property (Form QFR) and for-hire motor carriers of passengers (Form MP-1). After reviewing the adverse comment received from SJ Consulting Group in response to the direct final rule, the agency has determined that it would be inappropriate to allow the direct final rule to take effect. The FMCSA intends to publish a notice of proposed rulemaking in the near future proposing the elimination of the quarterly financial reporting requirements for Form QFR and Form MP-1.
Gross Combination Weight Rating (GCWR); Definition
Document Number: 2012-21017
Type: Rule
Date: 2012-08-27
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) amends the definition of ``gross combination weight rating'' (GCWR) in our regulations. The definition currently prescribes how the GCWR is calculated if the vehicle manufacturer does not include the information on the vehicle certification label required by the National Highway Traffic Safety Administration (NHTSA). The Agency has determined the definition should not include what is essentially guidance that is difficult for the motor carrier and enforcement communities to use. Therefore, FMCSA amends this definition to state that the GCWR is the value specified by the commercial motor vehicle manufacturer.
Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Transecurity LLC (Transecurity)
Document Number: 2012-20752
Type: Notice
Date: 2012-08-23
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on an application for exemption from Transecurity LLC to allow the placement of an onboard safety monitoring system (OBMS) at the bottom of windshields on commercial motor vehicles (CMVs). The Federal Motor Carrier Safety Regulations (FMCSRs) currently require antennas, transponders, and similar devices to be located not more than 6 inches below the upper edge of the windshield, outside the area swept by the windshield wipers, and outside the driver's sight lines to the road and highway signs and signals. Transecurity is coordinating device development and the installation of camera-based monitoring systems for FMCSA in up to 500 CMVs. The exemption would enable motor carriers to participate in a field operation test to evaluate the system and allow for on-road data collection. Transecurity believes this mounting position would maintain a level of safety that is equivalent to or greater than the level of safety achieved without the exemption.
FMCSA Policy on the Timeliness of New Entrant Corrective Action Submissions
Document Number: 2012-20233
Type: Rule
Date: 2012-08-16
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA provides notice of the Agency's policy that it must receive a new entrant motor carrier's evidence of corrective action within 15 days of the date of a new entrant safety audit failure notice or within 10 days of the date of an expedited action notice. A new entrant motor carrier that does not submit evidence of corrective action within these time periods could have its registration revoked and be placed out of service.
Pilot Program on NAFTA Trucking Provisions
Document Number: 2012-19564
Type: Notice
Date: 2012-08-09
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces and requests public comment on data and information concerning the Pre-Authorization Safety Audit (PASA) for GCC Transportes SA de CV (GCC) which applied to participate in the Agency's long-haul pilot program to test and demonstrate the ability of Mexico-domiciled motor carriers to operate safely in the United States beyond the municipalities on the international border or the commercial zones of such municipalities. This action is required by the ``U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007'' and all subsequent appropriations.
Hours of Service of Drivers of Commercial Motor Vehicles; Regulatory Guidance for Oil Field Exceptions
Document Number: 2012-19303
Type: Rule
Date: 2012-08-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA extends the comment period for the Agency's June 5, 2012, notice concerning regulatory guidance on the applicability of the oilfield operations exceptions in the hours-of-service regulations, and announces that the Agency will hold three public listening sessions to receive comments on the issue. The Agency extends the deadline for public comments from August 6 to October 5, 2012. The listening sessions will be open to the public and webcast in their entirety.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2012-19124
Type: Notice
Date: 2012-08-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 10 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. 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; Exemption Applications; Vision
Document Number: 2012-19123
Type: Notice
Date: 2012-08-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 12 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2012-19119
Type: Notice
Date: 2012-08-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 17 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.
Notice of Fiscal Year 2013 Safety Grants and Solicitation for Applications
Document Number: 2012-19109
Type: Notice
Date: 2012-08-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice informs the public of FMCSA's Fiscal Year (FY) 2013 safety grant opportunities and FMCSA's projected application due dates. FMCSA announces these grant opportunities based on authorities provided for in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, as amended by the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-141, (2012). The Agency's safety grant programs in FY 2013 include the Motor Carrier Safety Assistance Program (MCSAP) Basic and Incentive grants; 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 (SaDIP) grants; and the Commercial Vehicle Information Systems and Networks (CVISN) grants. The Commercial Driver's License Information System (CDLIS) Modernization grants were not continued in the MAP-21 authorization and, therefore, FMCSA will not be soliciting applications for this grant program in FY 2013.
Parts and Accessories Necessary for Safe Operation: Brakes; Adjustment Limits
Document Number: 2012-18899
Type: Rule
Date: 2012-08-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) amends the requirements regarding brake readjustment limits in the Federal Motor Carrier Safety Regulations (FMCSRs). This rule amends the readjustment limits, clarifies their application, and corrects an error in cross-referencing a Federal Motor Vehicle Safety Standard (FMVSS). This rule responds to a petition for rulemaking from the Commercial Vehicle Safety Alliance (CVSA).
Motor Carrier Safety Advisory Committee: Public Meeting
Document Number: 2012-18901
Type: Notice
Date: 2012-08-03
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that MCSAC will hold a meeting on Monday- Wednesday, August 27-29, 2012. On Monday, August 27, 2012, MCSAC will be provided with briefings on the major motor carrier safety provisions of the recently enacted Moving Ahead for Progress in the 21st Century (MAP-21) [Pub. L. 112-140] surface transportation act and the Agency's Compliance, Safety, and Accountability (CSA) program and assigned a new task concerning CSA. Additionally, the MCSAC will establish a subcommittee on CSA to provide concepts, ideas, and recommendations on the program. On Monday afternoon, the Cross-Border Trucking Pilot Subcommittee will convene for a status update from the Agency. On Tuesday, August 28, 2012, MCSAC will be given a new task to provide ideas and concepts concerning the Regulatory Flexibility Act Section 610 review process and will hear presentations on that topic. Wednesday morning, August 29, 2012, will be reserved for MCSAC's Motorcoach Hours-of-Service (HOS) subcommittee. All three days of the meeting will be open to the public.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2012-18937
Type: Notice
Date: 2012-08-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 19 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 Policy on Granting, Withholding, Suspending, Amending or Revoking Operating Authority Registration
Document Number: 2012-18935
Type: Notice
Date: 2012-08-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA provides notice of the Agency's policy concerning review of applications for operating authority registration, and suspension, amendment or revocation of existing operating authority registration. Motor carriers, brokers and freight forwarders must demonstrate a willingness and ability to comply with applicable statutes and regulations in order to obtain and maintain operating authority registration. This notice outlines FMCSA's policy for evaluating motor carriers', brokers' and freight forwarders' willingness and ability to comply with these requirements.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2012-18908
Type: Notice
Date: 2012-08-02
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 48 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.
Self Reporting of Out-of-State Convictions
Document Number: 2012-18902
Type: Proposed Rule
Date: 2012-08-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
Current regulations require both commercial driver's license (CDL) holders and States with certified CDL programs to report a CDL holder's out-of-State traffic conviction to the driver's State of licensure. FMCSA proposes to reduce the impact of this reporting redundancy by providing that if a State in which the conviction occurs has a certified CDL program in substantial compliance with FMCSA's regulations, then an individual CDL holder convicted in that State is considered to be in compliance with his/her out-of-State traffic conviction reporting obligations because the State where the conviction occurred will report the violation to the CDL holder's State of licensure. This proposed change would reduce a regulatory burden on both individuals and States.
Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors
Document Number: 2012-18887
Type: Notice
Date: 2012-08-01
Agency: Federal Motor Carrier Safety Administration, Department of Transportation