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

Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2014-28077
Type: Notice
Date: 2014-11-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 63 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.
Financial Responsibility for Motor Carriers, Freight Forwarders, and Brokers
Document Number: 2014-28076
Type: Proposed Rule
Date: 2014-11-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it is considering a rulemaking that would increase the minimum levels of financial responsibility for motor carriers, including liability coverage for bodily injury or property damage; establish financial responsibility requirements for passenger carrier brokers; implement financial responsibility requirements for brokers and freight forwarders, and revise existing rules concerning self-insurance and trip insurance. FMCSA seeks public comments on these topics.
Commercial Driver's License Standards: Application for Exemption; C.R. England, Inc.
Document Number: 2014-28072
Type: Notice
Date: 2014-11-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that C.R. England, Inc. (C.R. England) has applied for an exemption from the Federal minimum training conditions in 49 CFR 383.25(a)(1) that require a commercial learner's permit (CLP) holder to always be accompanied by a commercial driver's license (CDL) holder with the proper CDL class and endorsements seated in the front seat of the vehicle while the CLP holder performs behind-the-wheel training on public roads or highways. C.R. England requests an exemption to allow CLP holders who have passed the CDL skills test but not yet received the CDL document to drive a commercial motor vehicle without being accompanied by a CDL holder, provided the driver has documentation of passing the skills test. C.R. England believes that the exemption, if granted, would allow such a driver to operate more freely and in a way that benefits the driver, the carrier, and the economy as a whole.
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Document Number: 2014-28071
Type: Notice
Date: 2014-11-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to grant requests from five individuals for exemptions from the regulatory requirement that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' 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. The Agency concluded that granting exemptions for these CMV drivers will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions. FMCSA grants exemptions that will allow these five individuals to operate CMVs in interstate commerce for a 2-year period. The exemptions preempt State laws and regulations and may be renewed.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2014-28070
Type: Notice
Date: 2014-11-28
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; Epilepsy and Seizure Disorders
Document Number: 2014-27755
Type: Notice
Date: 2014-11-24
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 12 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.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2014-27747
Type: Notice
Date: 2014-11-24
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 34 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. If granted, the exemptions would enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye.
Qualification of Drivers; Application for Exemptions; Hearing
Document Number: 2014-27741
Type: Notice
Date: 2014-11-24
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that 10 individuals have applied for a medical exemption 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 these requests. 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 theses requests after reviewing the public comments submitted in response to this notice, the exemptions would enable 10 individuals to operate CMVs in interstate commerce.
Hours of Service (HOS) of Drivers; Application for International Association of Movers (IAM) Exemption From the 14-Hour Rule
Document Number: 2014-27392
Type: Notice
Date: 2014-11-19
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that the International Association of Movers (IAM) has applied for an exemption from FMCSA's regulation prohibiting operators of commercial motor vehicles (CMVs) from driving following the 14th hour after coming on duty. IAM's exemption request is on behalf of all FMCSA-authorized carriers moving household goods, regardless of membership in IAM or any other professional society. The requested exemption would be used only by drivers who need to move their vehicles from the customer's residence or military base to a safe place for overnight parking when there are delays in completing the job. 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 IAM's application for exemption.
Electronic Logging Devices and Hours of Service Supporting Documents; Research Report on Attitudes of Truck Drivers and Carriers on the Use of Electronic Logging Devices and Driver Harassment
Document Number: 2014-26851
Type: Notice
Date: 2014-11-13
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
On March 28, 2014, the Federal Motor Carrier Safety Administration (FMCSA) published a Supplemental Notice of Proposed Rulemaking (SNPRM) that proposed amendments to the Federal Motor Carrier Safety Regulations (FMCSRs) to establish: Minimum performance and design standards for hours-of-service (HOS) electronic logging devices (ELDs); requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status (RODS); requirements concerning HOS supporting documents; and measures to address concerns about harassment resulting from the mandatory use of ELDs. FMCSA announces the availability of a new report: ``Attitudes of Truck Drivers and Carriers on the Use of Electronic Logging Devices and Driver Harassment.'' This project surveyed drivers on their attitudes regarding carrier harassment and examined whether reported harassment experiences varied due to the hours-of-service logging method used by the driver. The survey is an effort to further address the potential for harassment associated with ELDs and provides results that are consistent with the Agency's discussion of harassment in the ELD SNPRM. A copy of the report has been placed in the docket referenced at the beginning of this notice.
Agency Information Collection Activities; New Information Collection: State Commercial Driver's License Program Plan
Document Number: 2014-26850
Type: Notice
Date: 2014-11-13
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 requests approval of a new ICR titled, ``State Commercial Driver's License Program Plan.'' as a result of requirements from Section 32305 of the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-141, dated July 6, 2012. The Act requires States to submit a plan to the Secretary describing the actions the State will take to address any deficiencies in the State's commercial driver's license (CDL) program, as identified by the Secretary in the most recent audit of the program. This ICR is needed to ensure that the States are complying with notification and recordkeeping requirements for information related to testing, licensing, violations, convictions and disqualifications and that the information is accurate, complete and transmitted and recorded within certain time periods as required by the Commercial Motor Vehicle Safety Act of 1986 (CMVSA), as amended.
Agency Information Collection Activities; New Information Collection Request: Entry Level Driver Training Survey for Commercial Drivers' Licenses
Document Number: 2014-26563
Type: Notice
Date: 2014-11-07
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 review and approval. The purpose of this ICR is to examine, by a one-time collection of survey data, the relationship of commercial driver license (CDL) entry level driver training (ELDT), as influenced by any subsequent employer training that may have been received, to safety performance of the drivers. The goal of this research is to contribute to other related research being done evaluating the relationship of CDL ELDT to subsequent safety performance of the drivers. The results of this study, along with others, will provide FMCSA with information to support its consideration of the congressionally mandated requirement to establish enhanced minimum training requirements for CDL entry-level drivers from those currently required at 49 CFR 380.503. There is no national database that contains or collects data on the training received by drivers to enable them to qualify for a CDL. Recently licensed freight CDL drivers will be surveyed. (This will contain both drivers without hazardous material endorsements and drives with hazardous materials endorsements.) Motorcoach and bus drivers recently observed to have begun driving such vehicles in the most recent three years, as indicated by data in MCMIS, will be surveyed. The goal is to obtain a better understanding of the amount and type of total training they received, and its composition between that received before obtaining the CDL, and that received after obtaining the CDL. Type of training is divided into hours-based versus performance-based. Data on the amount and type of training received will be collected using a one-time survey effort. The data will be analyzed to describe the details of the driver training reported by the survey participants. Results of the training survey data will be analyzed in relation to the safety performance data of the responding drivers available from two databases: the State-operated Commercial Driver's License Information System (CDLIS) and the Federally-operated Motor Carrier Management Information System (MCMIS).
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2014-26557
Type: Notice
Date: 2014-11-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 52 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.
Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors
Document Number: 2014-26519
Type: Notice
Date: 2014-11-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2014-26273
Type: Notice
Date: 2014-11-05
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 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
Document Number: 2014-26272
Type: Notice
Date: 2014-11-05
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 24 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.
Hours of Service of Drivers: Application of B.R. Kreider & Son, Inc. for Exemption From the 12-Hour Limit on the Duty Day of Short-Haul Drivers
Document Number: 2014-26271
Type: Notice
Date: 2014-11-05
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it has received an application from B.R. Kreider & Son, Inc., (Kreider) for an exemption from the requirement that drivers of commercial motor vehicles (CMVs) must be released from work within 12 consecutive hours in order to take advantage of the exception to the record of duty status (RODS) rule for short-haul operations. Drivers qualifying for the short-haul exception are subject to the hours of service limits but are not required to maintain a RODS during the duty day. Kreider asks that its drivers be allowed to operate under the short-haul exception when their duty day exceeds 12 hours, and states that the same level of safety would be achieved with the exemption in place as would be achieved without the exemption.