Federal Motor Carrier Safety Administration May 2024 – Federal Register Recent Federal Regulation Documents

FMCSA announces a public meeting to engage stakeholders, which includes motor carriers, towing and recovery services for commercial motor vehicle (CMV) operations, and other interested parties, to get their perspective on current industry practices regarding the disclosure of towing fees to the CMV owners and whether the owner is made aware of costs and fees prior to the tow.

FMCSA announces that it has received an application from the National School Transportation Association (NSTA) to renew its exemption that permits all commercial driver's license (CDL) applicants seeking a school bus endorsement to forgo the engine compartment portion of the pre-trip vehicle inspection skills testing requirement, known informally as the "under-the-hood" testing requirement. Drivers issued CDLs pursuant to the requested exemption are restricted to intrastate operation of school buses only. The current exemption is effective from November 28, 2022, through November 28, 2024, and NSTA has requested a three-year extension of the exemption. FMCSA requests public comment on NSTA's request for exemption.

FMCSA announces that it has received an application from the American Pyrotechnics Association (APA) requesting extension of its current exemptions from the Agency's hours-of-service (HOS) regulations for 12 additional member companies. The request would allow drivers employed by the 12 member carriers to exclude off-duty and sleeper- berth time of any length from the calculation of the 14-hour limit. It would also to allow these drivers to use paper records of duty status (RODS) in lieu of an electronic logging device (ELD) during the designated Independence Day periods.

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. FMCSA requests OMB's renewed approval to the ICR titled "Practices of Household Brokers," which applies to household goods (HHG) brokers who are procured by the public (HHG shippers) to arrange the transportation of the shipper's household goods by HHG motor carriers. This renewal updates wage related costs that have changed since the last approval and revises the previous information collection total respondent hourly and cost burden. FMCSA received two comments in response to the 60-day Federal Register notice.

FMCSA announces that it has received an application from Covenant Transport Inc. and Landair Transport Inc., jointly doing business as Covenant Logistics, requesting an exemption to allow commercial learner's permit (CLP) holders who have passed the commercial driver's license (CDL) skills test but have not yet received a CDL document to drive a Covenant Logistics' commercial motor vehicle (CMV), without being accompanied by a CDL holder in the passenger seat. FMCSA requests public comment on the applicant's request for exemption.

FMCSA announces that Connell High School (CHS) of Connell, WA, has applied for an exemption beginning September 2024 to allow students under the age of 18 who are enrolled in CHS's Commercial Driver's License (CDL) Program to obtain a Commercial Learner's Permit (CLP). Students participating in the program would obtain a CLP at the age of 17 and receive 180 hours of classroom, field, and drive time instruction before obtaining a CDL at the age of 18. FMCSA requests public comment on the applicant's request for exemption.

FMCSA announces its decision to renew the exemption currently held by CRST The Transportation Solution (CRST) (formerly known as CRST Expedited, Inc.) from the requirement that a commercial driver's license (CDL) holder with the proper CDL class and endorsements be seated in the front seat of the commercial motor vehicle (CMV) at all times while the commercial learner's permit (CLP) holder is engaged in behind-the-wheel training on public roads or highways. FMCSA announced its decision to provisionally renew CRST's exemption on August 7, 2023, pending a review of any comments received in response to that notice. Two comments opposing the exemption were submitted to the docket and are discussed below. The Agency believes that CRST and its drivers covered by the exemption will maintain a level of safety that is equivalent to, or greater than, the level of safety that would be achieved by complying with the regulatory requirement.

FMCSA announces receipt of applications from 12 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.

FMCSA announces its denial of the application from Pitt Ohio Express, LLC (Pitt Ohio) to exempt its drivers from one of the requirements in the Agency's Safe Driver Apprenticeship Pilot (SDAP) program. Pitt Ohio requests an exemption allowing it to use drivers under the age 21, who hold a Commercial Learner's Permit (CLP) to operate commercial motor vehicles (CMVs) in interstate commerce, to participate in the SDAP program. FMCSA analyzed the application and determined that there is insufficient basis to conclude that the exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.

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 information collected is required by the Office of Registration to process name changes, address changes, and reinstatements of operating authority for motor carriers, freight forwarders, and brokers. On December 14, 2023, FMCSA published a notice in the Federal Register with a 60-day comment period to announce its intention to submit this ICR to OMB for renewal. FMCSA received no comments in response to the published notice.

FMCSA announces its decision to renew exemptions for 13 individuals from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these hard of hearing and deaf individuals to continue to operate CMVs in interstate commerce.