Federal Motor Carrier Safety Administration October 2012 – Federal Register Recent Federal Regulation Documents
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Qualification of Drivers; Exemption Applications; Diabetes Mellitus
FMCSA announces receipt of applications from 12 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; Diabetes Mellitus
FMCSA announces its decision to exempt 14 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.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its decision to exempt 7 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.
Gross Combination Weight Rating (GCWR); Definition
FMCSA withdraws its August 27, 2012, direct final rule (DFR) amending the definition of ``gross combination weight rating'' (GCWR) in 49 CFR parts 383 and 390. The DFR would have taken effect on October 26, 2012. However, the Agency received several adverse comments in response to the DFR and will, therefore develop a notice of proposed rulemaking to request public comments on proposed changes to the GCWR definition.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces receipt of applications from 14 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; Vision
FMCSA announces its decision to exempt 19 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.
Rescission of 10-Day Agency Discretionary Period in Assigning Unsatisfactory Safety Ratings
The FMCSA amends the Federal Motor Carrier Safety Regulations to remove the provision indicating that the Agency will consider a 10- day extension of the 45-day period after which passenger and hazardous materials carriers must cease operation after receiving a proposed unsatisfactory safety rating. The Agency previously discontinued this practice as a matter of policy and now amends the regulation to be consistent with the policy and the statutory language concerning this matter. Although FMCSA will continue to review requests for upgrades of proposed unsatisfactory safety rating for such carriers, the Agency will no longer grant extensions to the 45-day period.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces 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 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
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.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
FMCSA announces its decision to exempt 28 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.
Hours of Service of Drivers
FMCSA announces that it will hold a public listening session to solicit information, concepts, ideas, and information on hours-of- service (HOS) requirements for drivers of passenger-carrying commercial motor vehicles (CMVs). Specifically, the Agency would like to know what factors, issues, and data it should consider as it determines preliminarily whether the HOS regulations applicable to these drivers need to be changed to decrease the risk of fatigue-related crashes. The session, which will be held in Santa Barbara, CA, will allow interested persons to present comments, views, and relevant new research that FMCSA should consider in drafting a Notice of Proposed Rulemaking (NPRM). All comments will be transcribed and placed in the docket for FMCSA's consideration. The entire day's proceedings will be webcast.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
FMCSA announces receipt of applications from 16 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 the Suspension of Operating Authority for Hostage Load Violations
FMCSA provides notice of the Agency's new policy concerning enforcement of its household goods (HHG) motor carrier and broker regulations. FMCSA may take enforcement action when a HHG motor carrier or broker knowingly and willfully fails, in violation of a contract, to deliver or unload at the destination a shipment of HHG for which charges have been estimated and for which payment has been tendered. A motor carrier or broker found holding a HHG shipment hostage may be subject to suspension of registration for a period of not less than 12 months to not more than 36 months.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
FMCSA announces receipt of applications from 14 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; Diabetes Mellitus
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.
Motor Carrier Safety Advisory Committee (MCSAC): Public Subcommittee Meeting
FMCSA announces that the CSA Subcommittee of the MCSAC will hold a meeting on TuesdayWednesday, October 16-17, 2012. Established at the August 2012 meeting of the MCSAC in accordance with Task 12-03, the subcommittee will provide the MCSAC with concepts, ideas, and recommendations on the CSA program. The entire subcommittee meeting will be open to the public, with a public comment period to occur during the last one-half hour of each day.
Medical Review Board Public Meeting
The FMCSA announces that the Agency's MRB will hold a committee meeting on October 19, 2012, in accordance with the Federal Advisory Committee Act (FACA). The meeting will provide the public an opportunity to observe and participate in MRB deliberations and recommendations for updating the field-of-vision (FOV) requirements in the Federal Motor Carrier Safety Regulation (FMCSR) medical standards.
Qualification of Drivers; Exemption Applications; Vision
FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 26 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
FMCSA announces receipt of applications from 15 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.
Hours of Service of Drivers: Trailways Companies Application for Exemption
FMCSA has received an application from Trailways companies identified below (``Trailways'') for an exemption from the hours-of- service (HOS) record of duty status provision in 49 CFR 395.8(c) that requires every commercial motor vehicle driver to record his or her duty status for each 24-hour period using methods prescribed in that section. FMCSA considers the request to be on behalf of all regular- route passenger carrier drivers. Trailways requests that these drivers be exempted from the requirement to enter a change in duty status on the daily log for breaks in driving time of 10 minutes or less, for the limited purpose of picking up or setting off passengers, baggage, or small express packages. Such time would not be considered a change of duty status for the purposes of 49 CFR 395.8(c). FMCSA requests public comment on Trailways' application for exemption.
Statutory Amendments Affecting Transportation of Agricultural Commodities and Farm Supplies
FMCSA alerts motor carriers and enforcement officials of two statutory exemptions included in the MAP-21 transportation reauthorization legislation that are applicable to certain motor carriers engaged in the transportation of agricultural commodities and farm supplies. Section 32101 of MAP-21 provides a statutory exemption from the hours-of-service regulations for certain carriers transporting agricultural commodities and farm supplies and section 32934 provides a statutory exemption from most of the Federal Motor Carrier Safety Regulations for the operation of covered farm vehicles by farm and ranch operators, their employees, and certain other specified individuals under certain specific circumstances. The statutory provisions are self-executing and take effect on October 1, 2012. This notice is intended to ensure that enforcement officials and the motor carriers are aware of the statutory provisions. The Agency will, at a later date, conform the FMCSRs to the statutory provisions.
Technical, Organizational, and Conforming Amendments to the Federal Motor Carrier Safety Regulations
This final rule makes technical corrections throughout title 49 CFR subtitle B, chapter III. The Agency is making minor editorial changes to add revised delegations of authority from the Secretary of Transportation (Secretary), correct errors and omissions, and improve clarity. This rule does not make any substantive changes to the affected parts of the Federal Motor Carrier Safety Regulations (FMCSRs).
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