Federal Motor Carrier Safety Administration 2005 – Federal Register Recent Federal Regulation Documents

Notice of Delay in Processing the Application by American Trucking Associations, Inc. for a Preemption Determination Concerning the District of Columbia Restrictions Regarding Highway Routing of Certain Hazardous Materials
Document Number: E5-7637
Type: Notice
Date: 2005-12-21
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In accordance with statutory requirements, FMCSA is publishing a notice of delay in processing the American Trucking Associations, Inc.'s (ATA) application for a preemption determination. FMCSA is conducting fact-finding in response to ATA's request, and is delaying issuance of its determination in order to allow time for appropriate consideration of the issues raised by ATA's application.
Qualification of Drivers; Exemption Applications; Diabetes
Document Number: E5-7494
Type: Notice
Date: 2005-12-19
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from six individuals for exemptions 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 as drivers of commercial motor vehicles in interstate commerce.
Qualification of Drivers; Exemption Applications; Vision
Document Number: E5-7284
Type: Notice
Date: 2005-12-14
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 22 individuals. FMCSA has statutory authority to exempt individuals from vision standards if the exemptions granted will not compromise safety. The agency has concluded that granting these exemptions will provide a level of safety that will be 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: E5-6855
Type: Notice
Date: 2005-12-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 49 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemptions will enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the vision standard in one eye for various reasons, including amblyopia, macular and retinal scars, and loss of an eye due to trauma.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-23490
Type: Notice
Date: 2005-11-30
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice announces FMCSA's receipt of applications from 22 individuals for an exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions will enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the vision standard prescribed in 49 CFR Sec. 391.41(b)(10).
Hours of Service of Drivers: United States Postal Service Application for Exemption
Document Number: 05-22648
Type: Notice
Date: 2005-11-16
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it has received an application for exemption from the hours-of-service (HOS) requirements from the United States Postal Service (USPS) on behalf of motor carriers that transport mail under contract for USPS. USPS requests that some of its contract motor carriers be allowed to operate under the HOS rules in effect prior to January 4, 2004. USPS believes the exemption would likely achieve a level of safety equivalent to, or greater than, the level achieved under the HOS rules applicable to operators of property- carrying vehicles rules after January 4, 2004. FMCSA requests public comment on the USPS application for exemption.
Notice of Request for Comments on Extension of a Currently Approved Collection of Information: Financial Responsibility, Trucking and Freight Forwarding
Document Number: 05-22394
Type: Notice
Date: 2005-11-10
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), FMCSA announces the Information Collection Request (ICR) described below has been sent to the Office of Management and Budget (OMB) for review and approval. The ICR describes a currently approved collection activity and its expected cost and burden. The Federal Register notice allowing for a 60-day comment period on the ICR was published on June 21, 2005 (70 FR 35766). No comments were received.
Qualification of Drivers; Eligibility Criteria and Applications; Diabetes Exemption
Document Number: 05-22264
Type: Notice
Date: 2005-11-08
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice announces FMCSA's decision to revise the terms and conditions of its previous decision to issue exemptions to certain insulin-treated diabetic drivers of commercial motor vehicles (CMVs) from the diabetes mellitus prohibitions contained in the Federal Motor Carrier Safety Regulations (FMCSRs). This action is in response to section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) which requires FMCSA within 90 days of enactment to modify its exemption program to allow individuals who use insulin to treat diabetes mellitus to operate CMVs in interstate commerce, without having to demonstrate safe driving experience operating a CMV while using insulin, while at the same time implementing certain other requirements contained in section 4129. These changes will remain in effect until FMCSA completes a rulemaking to revise the FMCSRs to allow drivers with insulin-treated diabetes mellitus (ITDM) to operate CMVs in interstate commerce in accordance with the applicable statutory standards.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-22263
Type: Notice
Date: 2005-11-08
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes FMCSA decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 22 individuals. FMCSA has statutory authority to exempt individuals from the vision standards if the exemptions granted will not compromise safety. The agency has concluded that granting the renewal of these exemptions will continue to provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Safety Fitness Procedures; Withdrawal
Document Number: 05-22062
Type: Proposed Rule
Date: 2005-11-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration [formerly Office of Motor Carriers (OMC) within Federal Highway Administration (FHWA)] withdraws its July 20, 1998 ANPRM and request for comments pertaining to the future evolution of the safety fitness rating system. After the ANPRM was published, FMCSA began the Comprehensive Safety Analysis 2010 Initiative (CSA 2010), a comprehensive review and analysis of FMCSA's current commercial motor carrier safety compliance and enforcement programs. FMCSA held a series of public listening sessions pertaining to CSA 2010 in September and October 2004. Many commenters at those listening sessions suggested that FMCSA delay publishing a notice of proposed rulemaking (NPRM) until the agency makes its final decisions regarding its long-term plan for monitoring motor carrier safety under CSA 2010. Therefore, this rulemaking is no longer necessary because, as CSA 2010 proceeds, FMCSA expects to publish a rulemaking that would propose a new and improved safety compliance and monitoring methodology based on more recent information and policy.
Commercial Driver's License Standards; School Bus Endorsement
Document Number: C5-19292
Type: Rule
Date: 2005-11-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
Agency Information Collection Activities; Request for Comment; Clearance of a New Information Collection: Commercial Driver's License Policies and Practices Among the 51 Jurisdictions
Document Number: 05-21397
Type: Notice
Date: 2005-10-26
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice advises the public about FMCSA's intention to request Office of Management and Budget (OMB) approval for a new information collection concerning the Commercial Driver's License (CDL) policies and practices among the 50 States and the District of Columbia (referred to as the 51 jurisdictions). This information is needed to identify where problems exist within the CDL Program and how to address those problems through new or revised safety initiatives. This notice is required by the Paperwork Reduction Act of 1995.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-21203
Type: Notice
Date: 2005-10-24
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA announces its decision to grant exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for 40 individuals. The exemptions will enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the vision standard prescribed in 49 CFR 391.41(b)(10).
Agency Information Activities; Clearance of a New Information Collection: Assessing the Effectiveness of the Arbitration Program as a Means of Settling Household Goods Disputes
Document Number: 05-21202
Type: Notice
Date: 2005-10-24
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice seeks comments from the public regarding the need for FMCSA to collect information by using three new surveys to assess how household goods (HHGs) carriers and shippers (persons who arrange for the transportation of, or those who move, household goods) are satisfied with current arbitration dispute resolution procedures. The information collection (IC) meets the statutory requirements of the Interstate Commerce Commission Termination Act of 1995 (ICCTA). This notice is published (pursuant to the Paperwork Reduction Act of 1995) to measure the need for the proposed information collection, to find ways to minimize the burden on household goods shippers and carriers, to find ways to enhance the quality of information collected, and to verify the accuracy of the agency's estimate of the burden (measured in work hours) on household goods shippers and carriers.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-21006
Type: Notice
Date: 2005-10-20
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes FMCSA's decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 30 individuals. FMCSA has statutory authority to exempt individuals from vision standards if the exemptions granted will not compromise safety. The agency has concluded that granting the renewal of these exemptions will continue to provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Qualifications of Motor Carriers To Self-Insure Their Operations and Fees To Support the Approval and Compliance Process
Document Number: 05-20718
Type: Proposed Rule
Date: 2005-10-20
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice is a withdrawal of a proposed rule under RIN 2126- AA28, which was inadvertently deleted from a prior agenda. The 1999 NPRM requested comments on the financial security and collateral requirements of self-insured motor carriers and fees associated with self-insurance. Section 103 of the Interstate Commerce Commission Termination Act of 1995 (ICCTA) directed the Secretary to create a single, on-line Federal system to replace four existing DOT and former ICC systemsone of those being the financial responsibility information system. Because self-insurance is an aspect of carrier financial responsibility, the agency has decided to withdraw the 1999 NPRM and has proposed amendments to the self-insurance regulations within the context of the financial reporting requirements being proposed under a new Unified Registration System and announced in a separate NPRM.
Submission for Office of Management and Budget Approval and Public Comment Request
Document Number: 05-20888
Type: Notice
Date: 2005-10-19
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice seeks comments from the public regarding the need for FMCSA to collect paperwork information that relates to a motor carrier's responsibility for ensuring that employees safely maintain and operate its commercial motor vehicles. This notice is published (pursuant to the Paperwork Reduction Act of 1995) to measure the need for the proposed paperwork collection, to find ways to minimize the burden on motor carriers, to find ways to enhance the quality of information collected, and to verify the accuracy of the agency's estimate of the burden (measured in work hours) on motor carriers. This is a request to continue the collection of information already approved under OMB Control Number 2126-0003, which is scheduled to expire on December 31, 2005, and to renew that approval.
Qualification of Drivers; Exemption Applications; Diabetes
Document Number: 05-20887
Type: Notice
Date: 2005-10-19
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes the FMCSA's receipt of applications from three individuals for an exemption from the diabetes mellitus prohibition in the Federal Motor Carrier Safety Regulations. If granted, the exemptions will enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the requirement prescribed in 49 CFR 391.41(b)(3).
Parts and Accessories Necessary for Safe Operation: Surge Brake Requirements
Document Number: 05-20297
Type: Proposed Rule
Date: 2005-10-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In response to a petition for rulemaking from the Surge Brake Coalition, the Federal Motor Carrier Safety Administration proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to allow the use of automatic hydraulic inertia brake systems (surge brakes) on trailers operated in interstate commerce. A surge brake is a self- contained permanently closed hydraulic brake system activated in response to the braking action of the tow vehicle. The amount of trailer braking effort developed is proportional to the total trailer weight and deceleration rate of the tow vehicle. Currently, surge brakes are not considered by FMCSA to comply with the FMCSRs specifying that all brakes with which a motor vehicle is equipped must at all times be capable of operating, and that a single application valve must, when applied, operate all the service brakes on the motor vehicle or combination of motor vehicles. The intent of this rulemaking is to adopt performance-based brake system requirements to allow the use of surge brakes on certain combinations of commercial motor vehicles based upon engineering test data submitted by the Surge Brake Coalition.
Title VI Regulations for Federal Motor Carrier Safety Administration Financial Assistance Recipients
Document Number: 05-20261
Type: Rule
Date: 2005-10-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA adopts as final its interim regulations at 49 CFR part 303 governing civil rights matters, consistent with the savings provision of section 106(b) of the Motor Carrier Safety Improvement Act of 1999. As with the interim rule, this final rule clarifies and modifies the applicability of certain Federal Highway Administration (FHWA) and Departmental umbrella Title VI provisions of the Civil Rights Act of 1964, and related nondiscrimination statutes, as they apply to FMCSA Federal financial assistance recipients. Part 303 was created to provide FMCSA with initial guidelines and procedures, as well as future FMCSA Title VI implementing regulations and any future guidelines on Title VI compliance. FMCSA removed itself from the FHWA Title VI regulations in 23 CFR part 200 to avoid confusion, while not altering the substantive Title VI obligations of FMCSA and its grantees. FMCSA remains subject to the Departmental umbrella Title VI regulations in 49 CFR part 21 and will develop as needed further guidelines and procedures to assure effective and consistent implementation for financially assisted recipients. We have not made any changes to the interim rules in part 303, and we adopt the interim regulations as final without change.
Regulatory Guidance for Forms Used To Establish Minimum Levels of Financial Responsibility of Motor Carriers
Document Number: 05-19946
Type: Rule
Date: 2005-10-05
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This document presents interpretive guidance material for the Federal Motor Carrier Safety Regulations (FMCSRs). FMCSA issues new regulatory guidance for Forms MCS-90, MCS-90B, MCS-82, and MCS-82B used to establish minimum levels of financial responsibility of motor carriers. The questions and answers are applicable to motor carrier operations on a national basis. This guidance will provide the motor carrier and financial services industries and Federal, State, and local law enforcement officials with a clearer understanding of the applicability in particular situations of Forms MCS-90, MCS-90B, MCS- 82, and MCS-82B contained in the FMCSRs.
Announcement of Establishment of the Federal Motor Carrier Safety Administration Medical Review Board; Request for Nominations
Document Number: 05-19726
Type: Notice
Date: 2005-10-03
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces the establishment of a Medical Review Board as requested by the recent passage of Safe, Accountable, Flexible, and Efficient Transportation Equity Act; A Legacy for Users (SAFETEA-LU). The Medical Review Board will provide scientific advice to The Secretary of Transportation and the Administrator of FMCSA on medical issues including the physical qualification requirements for commercial motor vehicle (CMV) operators. This announcement provides details about the purpose and functions of the FMCSA Medical Review Board, in accordance with the Federal Advisory Committee Act (FACA). This notice also discusses the Agency's medical research priorities and solicits applications from interested physicians to serve on the Medical Review Board. The Secretary of Transportation will appoint five physicians to the Medical Review Board, and the board will begin work in fiscal year 2006.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-19595
Type: Notice
Date: 2005-09-30
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes FMCSA's receipt of applications from 49 individuals for an exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the vision standard prescribed in 49 CFR 391.41(b)(10).
Notice of Intent To Survey Medical Examiners Who Certify the Physical Qualifications of Commercial Motor Vehicle Drivers
Document Number: 05-19460
Type: Notice
Date: 2005-09-29
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In accordance with the requirement of Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, this notice announces the intention of FMCSA to request approval from the Office of Management and Budget (OMB) for an information collection associated with the agency's medical examiner Role Delineation Study. This information collection would gather data on the role of medical examiners and provide medical examiners (medical doctors (MDs), doctors of osteopathy (DOs), doctors of chiropractic (DCs), physician assistants (PAs) and advance practice nurses (APNs)) who perform FMCSA physical examinations of commercial motor vehicle (CMV) drivers a means of participating in an assessment of the knowledge, skills, and abilities necessary to effectively determine if a CMV driver's health meets Federal physical qualifications standards. The data obtained from the Role Delineation Study and other sources would be used to support the development of the National Registry of Certified Medical Examiners (NRCME) program.
Commercial Driver's License Standards; School Bus Endorsement
Document Number: 05-19292
Type: Rule
Date: 2005-09-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to specify that a driver who passed knowledge and skills tests approved by the Agency for a Commercial Driver's License (CDL) school bus endorsement prior to September 30, 2002, meets the requirements of 49 CFR 383.123. FMCSA also amends the FMCSRs to provide that States have until September 30, 2006, to administer knowledge and skills tests that comply, to all school bus drivers. Finally, to conform with extension of the compliance date, the expiration date for allowing States to waive the driving skills test under 49 CFR 383.123(b) is extended to September 30, 2006. As a result of this interim rule, the 2-year exemptions for drivers in 11 States from the knowledge and skills testing requirement proposed in the FMCSA notice published July 14, 2005, are no longer necessary.
Public Meeting To Discuss the Implementation of the North American Standard for Cargo Securement; Correction
Document Number: 05-18479
Type: Notice
Date: 2005-09-16
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) published in the Federal Register on August 31, 2005 (70 FR 51857) a notice of a public meeting concerning the implementation of the North American Standard for Protection Against Shifting or Falling Cargo. The meeting was scheduled to be held on September 29-30, 2005 at the Beau Rivage Resort in Biloxi, Mississippi. However, due to the devastation caused by Hurricane Katrina, the location of this meeting has been moved from Biloxi, Mississippi, to the Hyatt Regency Indianapolis which is located at One South Capitol Avenue, Indianapolis IN 46204. Reservations can be made by contacting the Hyatt Regency Indianapolis by phone (317) 632-1234 or by fax (317) 616-6299.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-17736
Type: Notice
Date: 2005-09-08
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes the FMCSA decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 20 individuals. The FMCSA has statutory authority to exempt individuals from vision standards if the exemptions granted will not compromise safety. The agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Parts and Accessories Necessary for Safe Operation; Application for an Exemption From PINOVA
Document Number: 05-17508
Type: Notice
Date: 2005-09-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on an application for an exemption received from PINOVA on behalf of 29 motor carriers that transport short lightered wood logs and stumps from various points in North Carolina, South Carolina, Georgia, Florida, Mississippi, and Alabama to PINOVA's plant in Brunswick, Georgia. PINOVA seeks the exemption because it believes compliance with the commodity-specific rule for securing logs and stumps prevents the company from using more efficient and effective cargo securement methods. PINOVA believes the alternative cargo securement method used by its motor carriers would 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; Diabetes
Document Number: 05-17466
Type: Notice
Date: 2005-09-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt four individuals from its rule prohibiting persons with insulin-treated diabetes mellitus (ITDM) from operating commercial motor vehicles (CMVs) in interstate commerce. The exemptions will enable these individuals to qualify as drivers of CMVs in interstate commerce.
Public Meeting To Discuss the Implementation of the North American Standard for Cargo Securement
Document Number: 05-17276
Type: Notice
Date: 2005-08-31
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces the second in a series of public meetings concerning the implementation of the North American Standard for Protection Against Shifting or Falling Cargo. On September 27, 2002, FMCSA published a final rule revising its regulations concerning protection against shifting and falling cargo for commercial motor vehicles (CMVs) engaged in interstate commerce. Motor carriers operating in the United States were given until January 1, 2004, to comply with the new regulations. On September 23, 2004, Canada's Council of Ministers Responsible for Transportation and Highway Safety approved a new National Safety Code Standard for cargo securement. Full implementation of the new cargo securement requirements in Canada began in the summer of 2005. The purpose of this meeting is second in a series of meetings to discuss the process for ensuring the consistent interpretation of the harmonized cargo securement standards by FMCSA and the Canadian Provinces, and of the issues raised by enforcement agencies and motor carriers in the U.S., and to address potential implementation issues for the Canadian Provinces, and motor carriers operating in Canada.
Physical Qualification of Drivers; Vision Standard
Document Number: 05-17102
Type: Proposed Rule
Date: 2005-08-29
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA (formerly the Federal Highway Administration's Office of Motor Carriers) withdraws its 1992 advance notice of proposed rulemaking (ANPRM) on the vision standard for commercial motor vehicle drivers in interstate commerce. The agency sought comment on whether it should revise its driver qualification requirements relating to the vision standard, including visual acuity, field of vision and color perception. After reviewing the public comments received in response to the ANPRM, the agency believes there is insufficient data to support moving forward with a proposal to change the vision standard at this time. FMCSA has long term plans to reevaluate all of its commercial driver health standards and guidelines and will review the current vision standard at that time.
Parts and Accessories Necessary for Safe Operation; Certification of Compliance With Federal Motor Vehicle Safety Standards; Withdrawal
Document Number: 05-16967
Type: Proposed Rule
Date: 2005-08-26
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) withdraws its March 19, 2002, notice of proposed rulemaking (NPRM), which proposed requiring each commercial motor vehicle (CMV) operating in interstate commerce to display a label applied by the vehicle manufacturer or a registered importer to document the vehicle's compliance with all applicable Federal Motor Vehicle Safety Standards (FMVSSs) in effect as of the date of manufacture. We issued the NPRM in coordination with the National Highway Traffic Safety Administration (NHTSA), which published on the same day three companion notices related to the FMVSS certification requirement. Although the NPRM would have applied to all CMVs operated in the United States, its greatest impact would have been on motor carriers domiciled in Canada and Mexico. In withdrawing the NPRM, we conclude the proposed FMVSS certification label requirement is not necessary to ensure the safe operation of CMVs on our nation's highways. Vehicles operated by Canada-domiciled motor carriers meet Canadian Motor Vehicle Safety Standards (CMVSSs), which are consistent with the FMVSSs in all significant respects. Furthermore, since the FMVSSs critical to the operational safety of CMVs are cross-referenced in the Federal Motor Carrier Safety Regulations (FMCSRs), FMCSA, in consultation with NHTSA, has determined it can most effectively achieve the compliance of CMVs with the FMVSS through enforcement measures and existing regulations ensuring compliance with the FMCSRs, making additional FMVSS certification-labeling regulation unnecessary.
Hours of Service of Drivers
Document Number: 05-16498
Type: Rule
Date: 2005-08-25
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA is publishing today its final rule governing hours of service for commercial motor vehicle drivers, following its Notice of Proposed Rulemaking published January 24, 2005. The rule addresses requirements for driving, duty, and off-duty time; a recovery period, sleeper berth, and new requirements for short-haul drivers. The hours- of-service regulations published on April 28, 2003, were vacated by the U.S. Court of Appeals for the District of Columbia Circuit on July 16, 2004. Congress subsequently provided, through the Surface Transportation Extension Act of 2004, that the 2003 regulations will remain in effect until the effective date of a new final rule addressing the issues raised by the court or September 30, 2005, whichever occurs first. Today's rule meets that requirement.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-16461
Type: Notice
Date: 2005-08-19
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes the FMCSA's receipt of applications from 40 individuals for an exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. If granted, the exemptions will enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the vision standard prescribed in 49 CFR 391.41(b)(10).
Request for Information on New Commercial Vehicle Safety Inspection Concepts
Document Number: 05-16163
Type: Notice
Date: 2005-08-16
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA invites comments, suggestions and creative ideas on new operational concepts that will improve commercial vehicle safety inspections through more thorough performance-based inspections. Commercial vehicle roadside safety inspections represent one of the most effective tools for monitoring and regulating the condition of the in-use commercial vehicle fleet, as well as for auditing and enforcing driver and operational-related safety practices, including hours of service, proper driver credentialing, and other safety aspects of commercial vehicle equipment and operations. New technologies such as advanced sensor and on-board diagnostics as well as wireless communications offer the potential for dramatically improving the effectiveness and efficiency of the roadside commercial vehicle safety inspection process. This Request for Information directly supports the Agency's top priority initiativeComprehensive Safety Analysis 2010, or CSA-2010which is a top-to-bottom review of how FMCSA can best develop and manage programs that are most effective in improving motor carrier safety.
Parts and Accessories Necessary for Safe Operation; General Amendments
Document Number: 05-14259
Type: Rule
Date: 2005-08-15
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA amends part 393 of the Federal Motor Carrier Safety Regulations (FMCSRs), Parts and Accessories Necessary for Safe Operation. The amendments are intended to remove obsolete and redundant regulations; respond to several petitions for rulemaking; provide improved definitions of vehicle types, systems, and components; resolve inconsistencies between part 393 and the National Highway Traffic Safety Administration's Federal Motor Vehicle Safety Standards (49 CFR part 571); and codify certain FMCSA regulatory guidance concerning the requirements of part 393. Generally, the amendments do not involve the establishment of new or more stringent requirements, but a clarification of existing requirements. This action is intended to make many sections more concise, easier to understand and more performance oriented.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-15784
Type: Notice
Date: 2005-08-10
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA announces its decision to exempt 24 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemptions will enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce without meeting the vision standard prescribed in 49 CFR 391.41(b)(10).
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-14592
Type: Notice
Date: 2005-07-25
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes the FMCSA decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 27 individuals. The FMCSA has statutory authority to exempt individuals from vision standards if the exemptions granted will not compromise safety. The agency has concluded that granting these exemptions will provide a level of safety that will be 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: 05-14258
Type: Notice
Date: 2005-07-20
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes the FMCSA decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 25 individuals. The FMCSA has statutory authority to exempt individuals from vision standards if the exemptions granted will not compromise safety. The agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Commercial Driver's License Standards; Exemption Applications; School Bus Endorsement
Document Number: 05-13869
Type: Notice
Date: 2005-07-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA proposes to grant a 2-year exemption from the knowledge and skills tests required to obtain a school bus endorsement to a commercial driver's license (CDL) under 49 CFR 383.123. The exemption would be limited to school bus drivers from 11 States who passed equivalent tests before September 30, 2002.
Transportation of Household Goods; Consumer Protection Regulations; Final Rule
Document Number: 05-13608
Type: Rule
Date: 2005-07-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) adopts as final its interim regulations at 49 CFR part 375 published in the Federal Register on June 11, 2003 (68 FR 35064) and subsequent technical amendments published on March 5, 2004 (69 FR 10570), April 2, 2004 (69 FR 17313), and August 5, 2004 (69 FR 47386). The final rule specifies how motor carriers transporting household goods by commercial motor vehicle in interstate commerce must assist their individual customers who ship household goods. As no further amendments are necessary, the interim regulations at part 375 are adopted without change.
Hours of Service of Drivers; American Pyrotechnics Association Application for an Exemption From the 14-Hour Rule During Independence Day Celebrations
Document Number: 05-13110
Type: Notice
Date: 2005-07-01
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) grants the American Pyrotechnics Association's (APA) application for an exemption from the prohibition against driving a commercial motor vehicle (CMV) after the 14th hour of coming on-duty. The exemption is applicable for a period beginning 7 days prior to, and 2 days immediately following Independence Day. Fireworks personnel who operate CMVs for the companies listed in this notice, in conjunction with staging fireworks shows celebrating Independence Day, are allowed to exclude off-duty and sleeper berth time of any length in the calculation of the 14-hours. However, drivers are not allowed to drive after accumulating a total of 14-hours of on-duty time, following 10 consecutive hours off duty, and continue to be subject to the 11-hour driving time limits, and the 60- and 70-hour weekly limits. After reviewing the comments received in response to the May 6, 2005, notice requesting public comment on the APA application, FMCSA has determined the exemption would achieve a level of safety equivalent to what would be provided by compliance with the 14-hour rule as it applies to other drivers of property-carrying vehicles.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-12877
Type: Notice
Date: 2005-06-30
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes the FMCSA decision to renew the exemption from the vision requirement in the Federal Motor Carrier Safety Regulations for Mr. Thomas E. Howard. The FMCSA has statutory authority to exempt individuals from vision standards if the exemptions granted will not compromise safety. The agency has concluded that granting this exemption will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained without the exemption for this commercial motor vehicle (CMV) driver.
Parts and Accessories Necessary for Safe Operation; Protection Against Shifting and Falling Cargo; Correction
Document Number: 05-12442
Type: Proposed Rule
Date: 2005-06-23
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA published a notice of proposed rulemaking (NPRM) in the Federal Register on June 8, 2005, concerning request for comments on proposed revisions to the cargo securement requirements. The NPRM contained an incorrect docket number in which comments must be received.
Notice of Request for Approval of a New Information Collection: Best Motor Carrier Safety Management Technology Practices
Document Number: 05-12113
Type: Notice
Date: 2005-06-21
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for approval and comment. The ICR is related to a study of how information technology is being used to improve safety management in the motor carrier industry. On February 25, 2005, the agency published a Federal Register notice (70 FR 9440) with a 60-day comment period to solicit the public's views on the information collection noted below.
Notice of Request for Extension of a Currently Approved Data Collection: Licensing Applications for Motor Carrier Operating Authority
Document Number: 05-12112
Type: Notice
Date: 2005-06-21
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for approval and comment. The ICR describes the nature of the information collection and it's expected cost and burden. On January 12, 2005, FMCSA published a Federal Register notice (70 FR 2210) with a 60-day comment period to solicit the public's views on the information collection noted below. FMCSA received three comments expressing concerns about the substance abuse professional (SAP) services that are available to applicants, the need to augment the information required of new applicants on the Form OP-1, and the desire to obtain administrative reforms to eliminate unnecessary paperwork burdens. These comments were submitted to the appropriate FMCSA program managers for consideration and action.
Notice of Request for Renewal of a Currently Approved Information Collection: Financial Responsibility, Trucking and Freight Forwarding
Document Number: 05-12111
Type: Notice
Date: 2005-06-21
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In accordance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, this notice announces the intention of FMCSA to request the Office of Management and Budget (OMB) to renew its clearance of the currently approved information collection identified below under Supplementary Information. This information collection provides registered motor carriers, property brokers, and freight forwarders a means of meeting financial security documentation requirements.
Notice of Request for Extension of a Currently Approved Data Collection: Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers
Document Number: 05-12110
Type: Notice
Date: 2005-06-21
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for approval and comment. The ICR describes the nature of the information collection and its expected cost and burden. The Federal Register notice with a 60-day comment period soliciting comments on the following collection of information was published on January 12, 2005 (70 FR 2209). Two comments were received.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-11491
Type: Notice
Date: 2005-06-10
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes the FMCSA decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 31 individuals. The FMCSA has statutory authority to exempt individuals from vision standards if the exemptions granted will not compromise safety. The agency has concluded that granting these exemptions will provide a level of safety that will be 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; Xora, Inc. Application for an Exemption From the Design Requirements for Automatic On-Board Recording Devices (AOBRs)
Document Number: 05-11333
Type: Notice
Date: 2005-06-08
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on Xora, Inc.'s (Xora) application for an exemption from the requirement that AOBRs for monitoring drivers' hours of service be integrally synchronized with the specific operations of the vehicle on which it is installed. Xora, a software development company, working in conjunction with Nextel Communications, a wireless communications service provider, has developed an hours of service (HOS) OBR software application for use with Global Positioning System (GPS)enabled wireless telephones and its computer system to document drivers' hours of service. Xora's system performs all of the functions required of AOBRs currently allowed by FMCSA's regulations with the exception of the requirement for integral synchronization with specific operations of the commercial motor vehicle on which it is installed. Xora believes the use of their hours-of-service monitoring system by motor carriers would achieve a level of safety equivalent to what would be provided by AOBRs which are integrally synchronized with specific operations of the CMV.