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

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.