Federal Motor Carrier Safety Administration July 2016 – Federal Register Recent Federal Regulation Documents

Agency Information Collection Activities; Extension of an Approved Information Collection Request: Transportation of Hazardous Materials, Highway Routing
Document Number: 2016-17974
Type: Notice
Date: 2016-07-29
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 FMCSA requests approval to extend an existing ICR titled, ``Transportation of Hazardous Materials, Highway Routing.'' The information reported by States and Indian tribes is necessary to identify designated/restricted routes and restrictions or limitations affecting how motor carriers may transport certain hazardous materials on their highways, including dates that such routes were established and information on subsequent changes or new hazardous materials routing designations.
Unified Registration System; Correction
Document Number: 2016-17461
Type: Rule
Date: 2016-07-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA is correcting the effective and compliance dates for its August 23, 2013, Unified Registration System (URS) final rule, as revised on October 21, 2015. The 2013 URS final rule was issued to improve the registration process for motor carriers, property brokers, freight forwarders, Intermodal Equipment Providers (IEPs), hazardous materials safety permit (HMSP) applicants, and cargo tank facilities required to register with FMCSA, and streamline the existing Federal registration processes to ensure the Agency can more efficiently track these entities. The October 21, 2015 final rule made slight revisions to the 2013 rule and delayed the effective dates of that rule. This final rule corrects the effective and compliance dates, revised in 2015, and corrects regulatory provisions that have not yet gone into effect, as well as several temporary sections that are in effect already, to allow FMCSA additional time to complete the information technology (IT) systems work.
Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)
Document Number: 2016-17463
Type: Notice
Date: 2016-07-25
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to grant an exemption to Daimler Trucks North America (Daimler) for one of its commercial motor vehicle (CMV) drivers. Daimler requested a 5-year exemption from the Federal requirement to hold a U.S. commercial driver's license (CDL) for Mr. Sebastian Boehm, a project engineer for the Daimler Trucks and Bus Division. Mr. Boehm holds a valid German commercial license and wants to test drive Daimler vehicles on U.S. roads to better understand product requirements in ``real world'' environments, and verify results. Daimler believes the requirements for a German commercial license ensure that operation under the exemption will likely achieve a level of safety equivalent to or greater than the level that would be obtained in the absence of the exemption.
Hours of Service of Drivers: WestRock Exemption; FAST Act Extension of Compliance Date
Document Number: 2016-17462
Type: Notice
Date: 2016-07-25
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces the extension of the exemption granted to WestRock, formerly known as RockTenn, on April 17, 2014, for short trips to their loading docks. The Agency extends the expiration date from April 17, 2014 to April 16, 2019, in response to the ``Fixing America's Surface Transportation Act'' (FAST Act). That Act extends the expiration date of hours-of-service (HOS) exemptions in effect on the date of enactment of the FAST Act to 5 years from the date of issuance of the exemptions. The WestRock exemption from the Agency's 14 hour rule is limited to WestRock drivers operating commercial motor vehicles (CMVs) between WestRock shipping and receiving departments only, on the public road (Compress Street). The Agency previously determined that the CMV operations of WestRock's drivers under this exemption would likely achieve a level of safety equivalent to or greater than the level of safety that would be obtained in the absence of the exemption.
Hours of Service of Drivers: U.S. Department of Energy (DOE); FAST Act Extension of Expiration Date
Document Number: 2016-17459
Type: Notice
Date: 2016-07-25
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces the extension of the hours-of-service (HOS) exemption granted to the U.S. Department of Energy (DOE) on June 30, 2015, for certain commercial motor vehicle (CMV) drivers. The Agency extends the expiration date of the exemption to June 29, 2020 in response to section 5206(b)(2)(A) of the ``Fixing America's Surface Transportation Act'' (FAST Act). That section extends the expiration date of all HOS exemptions in effect on the date of enactment to 5 years from the date of issuance of the exemptions. The DOE exemption from the Agency's 30-minute rest break requirement is limited to DOE's contract motor carriers and their employee-drivers engaged in the transportation of security-sensitive radioactive materials. The Agency previously determined that CMV operations under this exemption would likely achieve a level of safety 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: 2016-17458
Type: Notice
Date: 2016-07-25
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 28 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.
Parts and Accessories Necessary for Safe Operation; Inspection, Repair, and Maintenance; General Amendments
Document Number: 2016-17364
Type: Rule
Date: 2016-07-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) in response to several petitions for rulemaking from the Commercial Vehicle Safety Alliance (CVSA) and the American Trucking Associations (ATA), and two safety recommendations from the National Transportation Safety Board (NTSB). Specifically, the Agency adds a definition of ``major tread groove'' and an illustration to indicate the location of tread wear indicators or wear bars on a tire signifying a major tread groove; revises the rear license plate lamp requirement to eliminate the requirement for an operable rear license plate lamp on vehicles when there is no rear license plate present; amends the regulations regarding tires to prohibit the operation of a vehicle with speed-restricted tires at speeds that exceed the rated limit of the tire; provides specific requirements regarding when violations or defects noted on an inspection report must be corrected; amends two appendixes to the FMCSRs to include provisions for the inspection of antilock braking systems (ABS) and automatic brake adjusters, speed- restricted tires, and motorcoach passenger seat mounting anchorages; amends the periodic inspection rules to eliminate the option for a motor carrier to satisfy the annual inspection requirement through a violation-free roadside inspection; and amends the inspector qualification requirements as a result of the amendments to the periodic inspection rules. In addition, the Agency eliminates introductory regulatory text from an appendix to the FMCSRs because the discussion of the differences between the North American Standard Inspection out-of-service criteria and FMCSA's periodic inspection criteria is unnecessary.
Amendments to Regulatory Guidance Concerning Periodic Inspection of Commercial Motor Vehicles
Document Number: 2016-17362
Type: Rule
Date: 2016-07-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA amends regulatory guidance, previously published in the Federal Register, regarding the periodic inspection of commercial motor vehicles (CMVs). Elsewhere in today's issue of the Federal Register, FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to, among other things, eliminate the option for a motor carrier to satisfy the periodic (annual) inspection requirement through a violation-free roadside inspection. As a result of this amendment to the FMCSRs, certain regulatory guidance is amended to ensure consistency between the FMCSRs and the published guidance.
Amendments To Implement Certain Provisions of the Fixing America's Surface Transportation Act or “FAST Act”
Document Number: 2016-17114
Type: Rule
Date: 2016-07-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) adopts, as final, certain regulations required by the Fixing America's Surface Transportation Act (FAST Act) enacted on December 4, 2015. The statutory changes went into effect on October 1, 2015, retroactively, and require that FMCSA make conforming changes to its regulations to ensure they are current and consistent with the statutory requirements. Adoption of these rules is a nondiscretionary, ministerial action that FMCSA may take without issuing a notice of proposed rulemaking and receiving public comment, in accordance with the good cause exception available to Federal agencies under the Administrative Procedure Act (APA).
Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors
Document Number: 2016-17355
Type: Notice
Date: 2016-07-21
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2016-16430
Type: Notice
Date: 2016-07-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 18 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: 2016-16429
Type: Notice
Date: 2016-07-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA confirms its decision to exempt 44 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals to operate CMVs in interstate commerce.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2016-16428
Type: Notice
Date: 2016-07-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA confirms its decision to exempt 55 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals to operate CMVs in interstate commerce.
Crash Weighting Analysis
Document Number: 2016-16427
Type: Notice
Date: 2016-07-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
On January 23, 2015, FMCSA announced the results of the Agency's study on the feasibility of using a motor carrier's role in crashes in the assessment of the company's safety. This study assessed (1) whether Police Accident Reports (PARs) provide sufficient, consistent, and reliable information to support crash weighting determinations; (2) whether a crash weighting determination process would offer an even stronger predictor of crash risk than overall crash involvement and how crash weighting would be implemented in the Agency's Safety Measurement System (SMS); and (3) how FMCSA might manage a process for making crash weighting determinations, including the acceptance of public input. Based on the feedback received in response to the January 23, 2015, Federal Register notice, FMCSA conducted additional analysis to improve the effectiveness of the Crash Indicator Behavior Analysis and Safety Improvement Category (BASIC). In addition, the Agency will develop and implement a demonstration program to determine the efficacy of a program to conduct preventability determinations on certain types of crashes that generally are less complex.
Crash Preventability Program
Document Number: 2016-16426
Type: Notice
Date: 2016-07-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
On January 23, 2015, FMCSA announced the results of the Agency's study on the feasibility of using a motor carrier's role in crashes in the assessment of the company's safety. This study assessed: Whether police accident reports (PARs) provide sufficient, consistent, and reliable information to support crash-weighting determinations; whether a crash-weighting determination process would offer an even stronger predictor of crash risk than overall crash involvement and how crash weighting would be implemented in the Agency's Safety Measurement System (SMS); and how FMCSA might manage a process for making crash- weighting determinations, including the acceptance of public input. Based on the feedback received in response to the January 23, 2015, Federal Register notice, FMCSA announced in a separate notice elsewhere in today's Federal Register that it conducted additional analysis in response to comments received. However, in this notice, FMCSA is proposing to develop and implement a demonstration program to determine the efficacy of a program to conduct preventability determinations on certain types of crashes that generally are less complex. This notice provides FMCSA's proposal for a demonstration program and seeks additional comment.
Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)
Document Number: 2016-16425
Type: Notice
Date: 2016-07-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to grant an exemption to Daimler Trucks North America (Daimler) for one of its commercial motor vehicle (CMV) drivers. Daimler requested a five-year exemption from the Federal requirement to hold a U.S. commercial driver's license (CDL) for Ms. Melanie Baumann, executive assistant to the head of the Daimler Trucks and Bus Division. Ms. Baumann holds a valid German commercial license and wants to test drive Daimler vehicles on U.S. roads to better understand product requirements in ``real world'' environments, and verify results. Daimler believes the requirements for a German commercial license ensure that operation under the exemption will likely achieve a level of safety equivalent to or greater than the level that would be obtained in the absence of the exemption.
Agency Information Collection Activities; Extension of a Currently-Approved Collection: Driver Qualification Files
Document Number: 2016-16313
Type: Notice
Date: 2016-07-11
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In accordance with the Paperwork Reduction Act of 1995 (PRA), 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. On February 17, 2016, FMCSA published a Federal Register notice announcing an increase in the Agency's estimate of the total information-collection (IC) burden of the driver qualification (DQ) regulations. It explained that the Agency's regulations had not changed, but the Agency was increasing its estimate of the IC burden to 9.8 million hours because both the population of CMV drivers and the frequency of their hiring had increased. Today the Agency further increases its burden estimate to 10.21 million hours in response to a comment received to that notice.
Agency Information Collection Activities; New Information Collection Request: 391.41 CMV Driver Medication Form
Document Number: 2016-16199
Type: Notice
Date: 2016-07-08
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 on the approval of a new Information Collection (IC) titled, 391.41 CMV Driver Medication Form. Comments received in response to this notice are sent to the OMB Desk Officer to address. This IC is voluntary and may be utilized by medical examiners (MEs) responsible for issuing Medical Examiner's Certificates (MECs) to commercial motor vehicle (CMV) drivers. MEs that choose to use this IC will do so in an effort to communicate with treating healthcare professionals who are responsible for prescribing certain medications, so that the ME fully understands the reasons the medications have been prescribed. The information obtained by the ME when utilizing this IC will assist the ME in determining if the driver is medically certified according to the physical qualifications standards outlined in 49 CFR 391.41 and to ensure that there are no disqualifying medical conditions or underlying medical conditions and prescribed medications that could adversely affect their safe driving ability or cause incapacitation constituting a risk to the public.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2016-16198
Type: Notice
Date: 2016-07-08
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
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.
Driver Qualifications: Skill Performance Evaluation; Virginia Department of Motor Vehicles; Exemption Renewal for Virginia Department of Motor Vehicles
Document Number: 2016-16197
Type: Notice
Date: 2016-07-08
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to renew the Virginia Department of Motor Vehicles (DMV) exemption on behalf of truck and bus drivers who are licensed in the Commonwealth of Virginia and need a Skill Performance Evaluation (SPE) certificate from FMCSA to operate commercial motor vehicles (CMV) in interstate commerce. The exemption enables interstate CMV drivers who are licensed in Virginia and are subject to the Federal SPE requirements under 49 CFR 391.49 to continue to fulfill the Federal requirements with a State-issued SPE and to operate CMVs in interstate commerce anywhere in the United States.
Driving of Commercial Motor Vehicles: Use of Seat Belts; Correction
Document Number: 2016-15941
Type: Rule
Date: 2016-07-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA corrects an error in its June 7, 2016, final rule ``Driving of Commercial Motor Vehicles: Use of Seat Belts.'' The amendatory language in the final rule inadvertently limited the applicability of the requirement for drivers to use their seat belts to operators of property-carrying vehicles. Today's correction fixes the error such that drivers of passenger-carrying vehicles will continue to be required to wear their seat belts.
Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors
Document Number: 2016-15933
Type: Notice
Date: 2016-07-05
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
Hours of Service of Drivers: Application for Renewal of Exemptions From the 14-Hour Rule During Independence Day Celebrations for Illumination Fireworks, LLC and ACE Pyro, LLC
Document Number: 2016-15798
Type: Notice
Date: 2016-07-05
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to grant exemption renewals to Illumination Fireworks, LLC and ACE Pyro, LLC (the applicants) from the prohibition on driving commercial motor vehicles (CMVs) after the 14th hour after coming on duty. The applicants requested the exemption renewals for the period of June 28-July 8, for the next 5 years (2016- 2020 inclusive). The applicants were previously granted exemptions during the Independence Day periods of 2014 and 2015. The 5-year renewals will cover the drivers of approximately 50 CMVs employed by the applicants to stage fireworks shows celebrating Independence Day. The Agency has determined that the terms and conditions of the limited exemptions will ensure a level of safety equivalent to, or greater than, the level of safety achieved without the exemptions.
Hours of Service (HOS) of Drivers; American Pyrotechnics Association (APA); Granting of Exemption From the 14-Hour Rule
Document Number: 2016-15797
Type: Notice
Date: 2016-07-05
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces the granting of an exemption for 51 member companies of the American Pyrotechnics Association (APA) from the hours-of-service (HOS) regulation prohibiting drivers of commercial motor vehicles (CMVs) from driving after the 14th hour after coming on duty. Fifty-one APA members currently hold such exemptions. APA requests discontinuance of the exemption for 4 carriers, and new exemptions for 4 carriers, with the total therefore remaining at 51. The ``Fixing America's Surface Transportation Act'' (FAST Act) extended the HOS exemptions in effect on the date of enactment of that Act to 5 years from the date of issuance. Because the FAST Act also authorized new exemptions for a period of up to 5 years, the Agency grants 4-year exemptions to 4 additional fireworks companies, ensuring that all 51 exemptions will terminate on July 8, 2020. FMCSA has determined that the terms and conditions of the exemption ensure a level of safety equivalent to, or greater than, the level of safety achieved without the exemption.