Federal Motor Carrier Safety Administration June 2017 – Federal Register Recent Federal Regulation Documents

Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Document Number: 2017-13618
Type: Notice
Date: 2017-06-29
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from seven individuals for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a commercial motor vehicle (CMV) to drive in interstate commerce. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs in interstate commerce.
Qualification of Drivers; Exemption Applications; Diabetes
Document Number: 2017-13617
Type: Notice
Date: 2017-06-29
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to renew exemptions of 135 individuals from its prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals with ITDM to continue to operate CMVs in interstate commerce.
60-Day Notice of Proposed Information Collection: Flexible Sleeper Berth Pilot Program
Document Number: 2017-13453
Type: Notice
Date: 2017-06-27
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, FMCSA is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment. FMCSA proposes a pilot program to allow temporary regulatory relief from the Agency's sleeper berth regulation for a limited number of commercial drivers who have a valid commercial driver's license (CDL), and who regularly use a sleeper berth to accumulate their required 10 hours of non-duty work status. During the pilot program, participating drivers would have the option to split their sleeper berth time within parameters specified by FMCSA. Driver metrics would be collected for the duration of the study, and participants' safety performance and fatigue levels would be analyzed. This pilot program seeks to produce statistically reliable evidence on the question as to whether split sleeper berth time affects driver safety performance and fatigue levels.
Commercial Driver's License Standards: Application for Exemption; New Prime, Inc. (Prime)
Document Number: 2017-13412
Type: Notice
Date: 2017-06-27
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to grant New Prime, Inc. (Prime) an exemption from the regulation that requires a commercial learner's permit (CLP) holder to 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. Under the terms and conditions of this exemption, a CLP holder who has documentation of passing the CDL skills test may drive a commercial motor vehicle (CMV) for Prime without being accompanied by a CDL holder in the front seat of the vehicle; however, a CDL holder must be in the vehicle. The exemption enables CLP holders to drive as part of a team and have the same regulatory flexibility as Prime team drivers with CDLs. FMCSA has analyzed the exemption application and the public comments and has determined that the exemption, subject to the terms and conditions imposed, will achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.
Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Daimler Trucks North America LLC
Document Number: 2017-13126
Type: Notice
Date: 2017-06-26
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 Daimler Trucks North America LLC (DTNA) to allow its Attention Assist and Lane Departure Warning system camera to be mounted lower in the windshield on DTNA's commercial motor vehicles (CMVs) than is currently permitted.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2017-13128
Type: Notice
Date: 2017-06-23
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.
Lease and Interchange of Vehicles; Motor Carriers of Passengers
Document Number: 2017-12086
Type: Rule
Date: 2017-06-16
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA extends by one year the compliance date of the regulations established in the final rule on lease and interchange of passenger-carrying commercial motor vehicles (CMVs) published on May 27, 2015, and effective on July 27, 2015. The new compliance date is January 1, 2019. The Agency received numerous petitions for reconsideration of the final rule and extended the original January 1, 2017, compliance date to January 1, 2018, to provide time to address the issues raised by the petitioners. As a result of a public meeting with representatives of the passenger carrier industry in October 2016 and further analysis of the petitions for reconsideration, the Agency is extending the compliance date by an additional twelve months to allow time to revise the regulations, while ensuring that carriers have ample time to adjust to the requirements of the revisions. This decision is explained in more detail in a notice of intent published elsewhere in this issue of the Federal Register.
Lease and Interchange of Vehicles; Motor Carriers of Passengers
Document Number: 2017-12085
Type: Proposed Rule
Date: 2017-06-16
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In response to petitions for reconsideration of the final rule on lease and interchange of passenger-carrying commercial motor vehicles (CMVs) published on May 27, 2015 and effective on July 27, 2015, FMCSA intends to revise the regulations to address ``chartering'' (subcontracting) and the 48-hour delay in preparing a lease. FMCSA is requesting public comment on the proposed responses to the petitions discussed below. In a final rule published elsewhere in this issue of the Federal Register, FMCSA extends the compliance date for the 2015 final rule from January 1, 2018, to January 1, 2019.
Commercial Driver's License Standards: C.R. England, Inc.; Granting of Renewal of Exemption
Document Number: 2017-12082
Type: Notice
Date: 2017-06-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to renew an exemption for C.R. England, Inc. (C.R. England) requirements that a commercial learner's permit (CLP) holder is always 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 operates it on public roads or highways. The exemption renewal allows CLP holders who have passed the skills test but not yet received the CDL document to drive a C.R. England commercial motor vehicle (CMV) accompanied by a CDL holder who is not necessarily in the passenger seat, provided the driver has documentation of passing the skills test. C.R. England currently holds an exemption for the period June 11, 2015 through June 12, 2017. FMCSA requests public comment on the renewal of C.R. England's exemption.
Commercial Learner's Permit Validity
Document Number: 2017-12080
Type: Proposed Rule
Date: 2017-06-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to allow States to issue a commercial learner's permit (CLP) with an expiration date of up to one year from the date of initial issuance. CLPs issued for shorter periods may be renewed but the total period of time between the date of initial issuance and the expiration of the renewed CLP could not exceed one year. This proposed amendment would replace the current regulations, which require the States to issue CLPs initially for no more than 180 days, with the possibility of an additional 180-day renewal at the State's discretion.
Military Licensing and State Commercial Driver's License Reciprocity
Document Number: 2017-12079
Type: Proposed Rule
Date: 2017-06-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This proposed rule would allow State Driver Licensing Agencies (SDLAs) to waive the requirements for the commercial driver's license (CDL) knowledge tests for certain individuals who are, or were, regularly employed within the last year in a military position that requires/required, the operation of a commercial motor vehicle (CMV).
Parts and Accessories Necessary for Safe Operation; Application for an Exemption From United Parcel Service Inc.
Document Number: 2017-11998
Type: Notice
Date: 2017-06-09
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on an application from United Parcel Service, Inc. (UPS) for exemption from various provisions of the mandate to use electronic logging devices (ELDs). Specifically, UPS is requesting an exemption (1) to allow an alternative ELD phase-in method for fleets using compliant automatic on-board recording devices (AOBRDs); (2) from the requirement that an ELD automatically record certain data elements upon a duty status change when a driver is not in the vehicle; (3) to allow ELDs to be configured with a special driving mode for yard moves that does not require the driver to re-input yard move status every time the tractor is powered off; and (4) to allow vehicle movements of less than one mile on UPS property by non-CDL UPS drivers to be annotated as ``on propertyother.'' UPS believes that the requested temporary exemptions will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption.
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Document Number: 2017-11652
Type: Notice
Date: 2017-06-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to renew exemptions for four individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) 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 exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce.
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Document Number: 2017-11651
Type: Notice
Date: 2017-06-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA confirms its decision to renew exemptions for 10 individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) 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 exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce.
Hours of Service (HOS) of Drivers; American Pyrotechnics Assoc. (APA) Application for Exemption From the 14-Hour Rule; Request To Add New Member to Current APA Exemption; Correction
Document Number: 2017-11650
Type: Notice
Date: 2017-06-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA published a document in the Federal Register of May 15, 2017 (82 FR 22375), concerning a request for comments on the American Pyrotechnics Association's request for a member company, Pyro Shows of Alabama, Incorporated, to be included in an existing exemption. The document referenced June 14, 2017, in the DATES section but did not specify the significance of that date, which should have been the end of the comment period.
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Document Number: 2017-11649
Type: Notice
Date: 2017-06-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to renew exemptions for 11 individuals from the requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) 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 exemptions enable these individuals who have had one or more seizures and are taking anti-seizure medication to continue to operate CMVs in interstate commerce.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2017-11648
Type: Notice
Date: 2017-06-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to renew exemptions for 64 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirement in one eye.
Commercial Driver's License Standards: Application for Exemption; Daimler Trucks North America (Daimler)
Document Number: 2017-11647
Type: Notice
Date: 2017-06-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to grant Daimler Trucks North America's (Daimler) application for an exemption to allow a Daimler employee to drive commercial motor vehicles (CMV) in the United States without having a commercial driver's license (CDL) issued by one of the States. The driver, Martin Zeilinger, will test-drive Daimler vehicles on U.S. roads to better understand product requirements for these vehicles in ``real world'' environments and verify results. He holds a valid German commercial license but lacks the U.S. residency necessary to obtain a CDL issued by one of the States. FMCSA believes that the process for obtaining a German commercial license is comparable to or as effective as the U.S. CDL requirements and ensures that this driver will likely achieve a level of safety that is 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: 2017-11643
Type: Notice
Date: 2017-06-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 21 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.
Hours of Service of Drivers; Pilot Program To Allow Commercial Drivers To Split Sleeper Berth Time
Document Number: 2017-11642
Type: Notice
Date: 2017-06-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA proposes a pilot program to allow temporary regulatory relief from the Agency's sleeper berth regulation, for a limited number of commercial drivers who have a valid commercial driver's license (CDL), and who regularly use a sleeper berth to accumulate their required 10 hours of non-duty work status. During the pilot program, participating drivers would have the option to split their sleeper berth time within parameters specified by FMCSA. Driver metrics would be collected for the duration of the study, and participants' safety performance and fatigue levels would be analyzed. This pilot program seeks to produce statistically reliable evidence on the question whether split sleeper berth time affects driver safety performance and fatigue levels. The Agency proposes criteria for participating drivers and carriers, outlines procedural steps and a data collection plan, and requests comments on these elements.
Qualification of Drivers; Exemption Applications; Diabetes
Document Number: 2017-11641
Type: Notice
Date: 2017-06-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to renew exemptions of 130 individuals from its prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions enable these individuals with ITDM to continue to operate CMVs in interstate commerce.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2017-11640
Type: Notice
Date: 2017-06-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 42 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
Document Number: 2017-11638
Type: Notice
Date: 2017-06-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 29 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
Document Number: 2017-11637
Type: Notice
Date: 2017-06-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to renew the exemptions of 134 individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. FMCSA has statutory authority to exempt individuals from this rule 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 CMV drivers.
Financial Responsibility for Motor Carriers, Freight Forwarders, and Brokers
Document Number: 2017-11544
Type: Proposed Rule
Date: 2017-06-05
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA withdraws its November 28, 2014 advance notice of proposed rulemaking (ANPRM) concerning financial responsibility for motor carriers, freight forwarders, and brokers. FMCSA is authorized to establish minimum levels of financial responsibility for motor carriers at or above the minimum levels set by Congress. In the ANPRM, FMCSA sought public comment on whether to exercise its discretion to increase the minimum levels of financial responsibility, and, if so, to what levels. After reviewing all public comments to the ANPRM, FMCSA has determined that it has insufficient data or information to support moving forward with a rulemaking proposal, at this time.