Federal Motor Carrier Safety Administration September 2014 – Federal Register Recent Federal Regulation Documents

FMCSA announces receipt of applications from 33 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.

This document makes a correction to a notice published in the Federal Register on August 19, 2014, regarding entry-level driver training; consideration of negotiated rulemaking process. The correction involves a clarification of the contractual relationship that FMCSA has with the convener, Mr. Richard Parker.

FMCSA announces its decision to exempt 5 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.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 12 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.

FMCSA announces receipt of applications from 13 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.

FMCSA announces receipt of applications from 6 individuals for an exemption from the prohibition against persons with a clinical diagnosis of epilepsy or any other condition which is likely to cause a loss of consciousness or any loss of ability to operate a commercial motor vehicle (CMV) from operating CMVs in interstate commerce. The regulation and the associated advisory criteria published in the Code of Federal Regulations as the ``Instructions for Performing and Recording Physical Examinations'' have resulted in numerous drivers being prohibited from operating CMVs in interstate commerce based on the fact that they have had one or more seizures and are taking anti- seizure medication, rather than an individual analysis of their circumstances by a qualified medical examiner. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs for 2 years in interstate commerce.

This document announces Emergency Restriction/Prohibition and Out-of-Service Order CA-2014-9002-EMRG, issued to National Distribution Services, Inc., TankServices, LLC, and Carl Johansson. This Order was issued by the Field Administrator for FMCSA's Western Service Center and prohibits the filling, offering, transportation, and welded repair of cargo tank vehicles by National Distribution Services, Inc., TankServices, LLC, and Carl Johansson. Additionally these parties are prohibited from conducting inspections and/or testing of any cargo tank or cargo tank motor vehicle unless such inspection and/or testing is conducted by a Registered Inspector.

FMCSA announces that the American Moving & Storage Association (AMSA) has applied for an exemption for its 3,700 member companies from FMCSA's regulation prohibiting operators of commercial motor vehicles (CMVs) from driving following the 14th hour after coming on duty. The exemption would enable AMSA's drivers to drive their CMVs from a residential area, after completion of household goods shipments, to the nearest place offering safety and security. In no case would the drivers be permitted to drive more than 75 miles or 90 minutes after the 14th hour. FMCSA requests public comment on AMSA's application for exemption.

FMCSA announces two changes to the New Entrant Safety Assurance Program Operational Test (Operational Test) discussed in the Agency's September 4, 2013, notice. First, the Agency will update the IT systems so that when an automatic failure violation (as listed in 49 CFR 385.321) is identified by the Agency based on the records the motor carrier provides during the document submission process, the carrier will automatically fail the new entrant safety audit and be placed into the corrective action process. This is consistent with the current new entrant safety audit process for audits conducted at a motor carrier's principal place of business (PPOB). Second, the Agency will extend the Operational Test through December 2014 to ensure sufficient data is available to calculate the established metrics in order to make an informed decision on any future actions.