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

Parts and Accessories Necessary for Safe Operation: Protection Against Shifting and Falling Cargo
Document Number: 05-11332
Type: Proposed Rule
Date: 2005-06-08
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) is proposing to amend its September 27, 2002, final rule concerning protection against shifting and falling cargo for commercial motor vehicles (CMVs) engaged in interstate commerce in response to petitions for rulemaking from the American Trucking Associations (ATA), Forest Products Association of Canada, Georgia-Pacific Corporation and Weyerhaeuser, and in response to issues raised by the Canadian Council of Motor Transport Administrators (CCMTA), the Forest Resources Association, Inc., the Washington Contract Loggers Association and the Washington Log Truckers Conference, and the Timber Producers Association of Michigan and Wisconsin. The amendments are intended to make the final rule more consistent with the December 18, 2000, notice of proposed rulemaking (NPRM) and the North American Cargo Securement Standard Model Regulations the new rules are based upon. This rulemaking would also include several editorial corrections to the final rule.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-10692
Type: Notice
Date: 2005-05-31
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes the FMCSA's receipt of applications from 24 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).
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-10691
Type: Notice
Date: 2005-05-31
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA announces its decision to exempt 30 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; Withdrawal
Document Number: 05-10690
Type: Notice
Date: 2005-05-31
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) withdraws a notice of applications for exemption from the vision standard with request for comments published on May 17, 2005. The notice was published in error.
Unified Registration System
Document Number: 05-9692
Type: Proposed Rule
Date: 2005-05-19
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA proposes a revised registration system. The Unified Registration System would apply to every motor carrier, freight forwarder and broker required to register with DOT under 49 CFR 390.19 or 49 U.S.C. 13901, except Mexico-domiciled motor carriers registering to operate between Mexico and points in the United States beyond border commercial zones along the U.S.-Mexico international border. The entities covered by this system would be required to register with FMCSA and periodically update registration information provided on a newly proposed registration form. This proposal applies to entities that are already subject to FMCSA Commercial Regulations, the Federal Motor Carrier Safety Regulations (FMCSRs), or the Hazardous Material Regulations (HMRs). This action is being taken in response to section 103 of the ICC Termination Act of 1995 (ICCTA), which, among other things, requires the Secretary of Transportation (Secretary) to propose regulations to replace four current identification and registration systems with a single, on-line, Federal system. The purpose of this proposal is to consolidate and simplify current Federal registration processes and to increase public accessibility to data about interstate motor carriers, property brokers, and freight forwarders. FMCSA proposes to charge registration fees that will enable FMCSA to recoup costs associated with processing registration applications and administrative filings and maintaining this system.
Rules of Practice
Document Number: 05-9898
Type: Rule
Date: 2005-05-18
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA amends its Rules of Practice for Motor Carrier, Broker, Freight Forwarder, and Hazardous Materials Proceedings. These rules increase the efficiency of the procedures, enhance due process and awareness of the public and regulated community, and accommodate recent programmatic changes. The changes in these rules apply to all motor carriers, other business entities, and individuals involved in motor carrier safety and hazardous materials administrative actions and proceedings with FMCSA.
Public Meeting To Discuss the Establishment of a National Registry of Certified Medical Examiners
Document Number: 05-9897
Type: Notice
Date: 2005-05-18
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces a public meeting concerning a National Registry of Certified Medical Examiners (NRCME). If established, the NRCME would be a database of medical examiners certified by FMCSA (or a third party) to conduct medical examinations of interstate commercial motor vehicle (CMV) drivers and effectively determine their physical qualifications to operate such vehicles in interstate commerce as defined in 49 CFR 391.41. If the NRCME is implemented, the FMCSA would only accept medical examinations conducted by persons listed in the NRCME as proof of the physical qualifications standards for interstate CMV drivers. The meeting is intended to provide a general introduction to the NRCME concept and an opportunity for discussion with subject matter experts.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-9795
Type: Notice
Date: 2005-05-17
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes the FMCSA's receipt of applications from 30 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).
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-9709
Type: Notice
Date: 2005-05-16
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.
Minimum Uniform Standards for a Biometric Identification System To Ensure Identification of Operators of Commercial Motor Vehicles; Withdrawal
Document Number: 05-9171
Type: Proposed Rule
Date: 2005-05-09
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) (formerly the Federal Highway Administration's (FHWA) Office of Motor Carriers) withdraws two advance notices of proposed rulemaking (ANPRM) on using biometric identifiers to provide positive identification of drivers in the Commercial Driver's License Information System (CDLIS) and to prevent drivers from obtaining more than one commercial driver's license (CDL). The ANPRM requesting comments was published on May 15, 1989 at 54 FR 20875; an ANPRM providing additional information was published on March 8, 1991 at 56 FR 9925. The Transportation Security Administration (TSA) currently is developing a Transportation Worker Identification Credential (TWIC) that will incorporate biometric identifiers. FMCSA does not want to cause a conflict in standards adopted by each agency or place an undue burden on States by imposing two different standards and/or technologies for CDLs and the TWIC. In the future, FMCSA may assess the impact of the TWIC upon the Federal Motor Carrier Safety Regulations.
Hours of Service of Drivers; American Pyrotechnics Association Application for an Exemption From the 14-Hour Rule During Independence Day Celebrations
Document Number: 05-9148
Type: Notice
Date: 2005-05-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) requests public comment on the American Pyrotechnics Association's application for an exemption from the prohibition against driving a commercial motor vehicle (CMV) after the 14th hour of coming on duty. The exemption would be applicable for a period beginning 7 days prior to, and 2 days immediately following Independence Day. Fireworks personnel who operate CMVs in conjunction with staging fireworks shows celebrating Independence Day would be allowed to exclude off-duty and sleeper berth time of any length in the calculation of the 14 hours. Drivers would not be allowed to drive after accumulating a total of 14 hours of on-duty time, following 10 consecutive hours off duty, and would continue to be subject to the 11-hour driving time limit, and the 60- and 70-hour weekly limits. APA believes 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; Diabetes
Document Number: 05-8973
Type: Notice
Date: 2005-05-05
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes the FMCSA's receipt of applications from five individuals for 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).
Limitations on the Issuance of Commercial Driver's Licenses With a Hazardous Materials Endorsement
Document Number: 05-8572
Type: Rule
Date: 2005-04-29
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Regulations (FMCSRs) prohibit States from issuing, renewing, transferring or upgrading a commercial driver's license (CDL) with a hazardous materials endorsement unless the Transportation Security Administration (TSA) has first conducted a security threat assessment of the applicant and determined the applicant does not pose a security risk warranting denial of the hazardous materials endorsement. The FMCSRs currently provide a specific date on which States become subject to the new requirement. This interim final rule amends the FMCSRs to cross-reference the TSA's compliance date as the date when FMCSA's companion requirements also become applicable. Consistent with TSA regulations, FMCSA also reduces the amount of advance notice that States must provide to drivers that a security threat assessment will be performed when they renew a hazardous materials endorsement. This rule is being issued as an IFR because it relates back to an existing substantive IFR published on May 5, 2003. This IFR will be subsumed into that rulemaking when it is finalized. All outstanding comments on these issues will be addressed in that final document.
Application by American Trucking Associations, Inc. for a Preemption Determination as to District of Columbia Requirements for Highway Routing of Certain Hazardous Materials
Document Number: 05-7910
Type: Notice
Date: 2005-04-20
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA invites interested parties to submit comments on an application by The American Trucking Associations, Inc. for an administrative determination as to whether Federal hazardous materials transportation law preempts highway routing requirements of the District of Columbia in restricting transportation of certain hazardous materials.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-6804
Type: Notice
Date: 2005-04-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes the FMCSA's receipt of applications from 30 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).
Public Meeting on Implementation of the North American Standard for Cargo Securement
Document Number: 05-6488
Type: Notice
Date: 2005-04-01
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces a public meeting concerning implementation of the North American Standard for Protection Against Shifting or Falling Cargo. The meeting's purpose is to discuss a process for ensuring consistent interpretation of the harmonized cargo securement standards by FMCSA and the Canadian Provinces, such as interpretation issues raised by U.S. enforcement agencies and motor carriers and potential implementation issues for Canadian Provinces and motor carriers operating in Canada. On September 27, 2002, FMCSA published a final rule revising its regulations on cargo securement for commercial motor vehicles (CMVs) operated in interstate commerce; and motor carriers were given until January 1, 2004 to comply with the new regulations. The agency's new standards were based on the North American Cargo Securement Standard Model Regulations, which reflected at the time the results of a multi- year comprehensive research program to evaluate U.S. and Canadian cargo securement regulations, motor carrier industry best practices, and recommendations from public meetings involving U.S. and Canadian industry experts, Federal, State, and Provincial enforcement officials, and other interested parties. Since then, Canada's Council of Ministers Responsible for Transportation and Highway Safety approved a new National Safety Code Standard for cargo securement (September 23, 2004). Full implementation of Canada's new cargo securement requirements is expected by this summer.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-6476
Type: Notice
Date: 2005-04-01
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA announces its decision to exempt 28 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: 05-6474
Type: Notice
Date: 2005-04-01
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 13 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: 05-6473
Type: Notice
Date: 2005-04-01
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA announces its denial of 102 applications from individuals who requested an exemption from the Federal vision standard applicable to interstate truck drivers and the reasons for the denials. The FMCSA has statutory authority to exempt individuals from the vision standard if the exemptions granted will not compromise safety. The agency has concluded that granting these exemptions does not provide a level of safety that will equal or exceed the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-5760
Type: Notice
Date: 2005-03-23
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 13 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.
Physical Qualification of Drivers; Medical Examination and Certification; Exemption Application-National Cooperative Refinery Association and Jayhawk Pipeline, LLC
Document Number: 05-5491
Type: Notice
Date: 2005-03-21
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA received an application from the National Cooperative Refinery Association (``NCRA'') and its affiliate Jayhawk Pipeline, LLC, for an exemption from the driver's physical qualification rule which requires drivers who operate commercial motor vehicles (CMVs) in interstate commerce to be medically examined and certified every 24 months. NCRA states an exemption is needed to extend the expiration of the qualification date up to eight days for 130 of its drivers who were qualified to operate a CMV on various dates in April of 2004. If granted, an exemption would allow NCRA to schedule its drivers' medical examinations in April of 2006, after the expiration of their physical qualification certification.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-4844
Type: Notice
Date: 2005-03-11
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 30 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.
Notice of Request for Comments on Renewing Approval of an Information Collection: OMB Control No. 2126-0015 (Designation of Agents, Motor Carriers, Brokers and Freight Forwarders)
Document Number: 05-3953
Type: Notice
Date: 2005-03-01
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA announces that the Information Collection Request (ICR) described in this notice is being sent to the Office of Management and Budget (OMB) for review and approval. This information collection allows registered motor carriers, property brokers and freight forwarders a means of meeting process agent requirements. On September 14, 2004, the agency published a Federal Register notice announcing a 60-day comment period on this information collection (69 FR 55490). We are required to send ICRs to OMB under the Paperwork Reduction Act.
Notice of Request for Clearance of a New Information Collection: Best Motor Carrier Safety Management Technology Practices
Document Number: 05-3616
Type: Notice
Date: 2005-02-25
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In accordance with the requirement in section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (PRA), this notice announces the intention of the FMCSA to request the Office of Management and Budget's (OMB) approval of a new information collection related to a study of how information technology is being used to improve safety management in the motor carrier industry. This study is one element in a larger, multi-year study of the safety and financial performance of the motor carrier industry by commodity segment. This Motor Carrier Industry Profile Study is being performed by the University of Maryland on behalf of the FMCSA.
Qualification of Drivers; Exemption Applications; Vision
Document Number: C5-2756
Type: Notice
Date: 2005-02-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-3256
Type: Notice
Date: 2005-02-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes the FMCSA decision to renew the exemption from the vision requirements in the Federal Motor Carrier Safety Regulations (FMCSRs) for Mr. Jerry W. Parker. Mr. Parker does not meet the vision requirements because of severe vision loss in his right eye. He meets the alternative physical qualification standards in the FMCSRs for the loss of a limb by holding a Skill Performance Evaluation (SPE) certificate. In order for Mr. Parker to continue to operate a commercial motor vehicle (CMV) in interstate commerce, he must continue to hold an SPE certificate and be granted a renewal exemption from the vision requirements.
Title VI Regulations for Federal Motor Carrier Safety Administration Financial Assistance Recipients
Document Number: 05-2768
Type: Rule
Date: 2005-02-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA issues this Interim Final Rule (IFR) to clarify and modify the applicability of certain Federal Highway Administration (FHWA) and Departmental Title VI provisions that implement Title VI of the Civil Rights Act of 1964, and related nondiscrimination statutes, as they apply to FMCSA Federal financial assistance recipients. The ``savings provision'' of section 106(b) of the Motor Carrier Safety Improvement Act of 1999 provides the opportunity for this clarification and modification. As part of this initiative, FMCSA establishes a new Part 303 under 49 CFR chapter III, Subchapter A, for future FMCSA Title VI implementing regulations and any future guidelines on Title VI compliance. This IFR will provide FMCSA with initial guidelines and procedures for implementing its Title VI procedures. This will be done by continuing to apply and use the Departmental umbrella Title VI regulations in 49 CFR part 21 to any program or activity for which Federal financial assistance is authorized under a law administered by FMCSA. FMCSA will remain subject to those Title VI requirements at the Departmental level, and will develop as needed further guidelines and procedures in accordance with the law to assure effective and consistent implementation for financially assisted recipients. FMCSA also removes itself from the FHWA Title VI regulations set forth at 23 CFR part 200, because they are not appropriate for FMCSA programs and activities. Doing so will avoid any potential confusion while not altering the substantive Title VI obligations of FMCSA and its grantees.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-2758
Type: Notice
Date: 2005-02-14
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 17 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.
Notice of Request for Clearance of a New Information Collection: Bus Crash Causation Study
Document Number: 05-2757
Type: Notice
Date: 2005-02-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In accordance with the requirement in section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (PRA), the FMCSA is announcing that the new information collection request described in this notice is being sent to the Office of Management and Budget (OMB) for review and approval. We are required under the PRA to send information collection requests to OMB. This information collection is related to a study of the causation of commercial motor vehicle crashes mandated by the Motor Carrier Safety Improvement Act of 1999. The bus study will fulfill the bus portion of this mandate and aid in the determination of the reasons for, and factors contributing to, serious bus crashes. The Federal Register notice announcing a 60-day comment period on this information collection was published on August 23, 2004 (69 FR 51879).
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-2756
Type: Notice
Date: 2005-02-14
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 28 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
Document Number: 05-2185
Type: Proposed Rule
Date: 2005-02-04
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
On January 24, 2005, the Federal Motor Carrier Safety Administration (FMCSA) published in the Federal Register (70 FR 3339) a Notice of Proposed Rulemaking (NPRM) regarding hours of service of commercial motor vehicle drivers. In that NPRM, FMCSA announced it is reviewing and reconsidering the regulations on hours of service of drivers published on April 28, 2003, and amended on September 30, 2003. In the docket to this January 24, 2005, NPRM, FMCSA re-filed the same Regulatory Impact Analysis (RIA), or comprehensive analysis of economic benefits and costs of the proposed rule, as was filed in the docket for the April 2003 final rule. However, effective January 1, 2005, the Office of Management and Budget (OMB) imposed new analytical requirements on Federal agencies regarding the preparation of RIAs for economically significant rulemakings. These new requirements include an uncertainty analysis, or an analysis of the ``degree of uncertainty'' associated with key variables used in the analysis (i.e., the percent of all truck-related crashes where commercial driver fatigue is a factor) and how significantly that uncertainty affects the benefit and cost estimates derived. A primary value of uncertainty analysis is its ability to highlight those key variables where additional data collection (to reduce uncertainty) would most benefit the decision making process. Additionally, OMB now requires a cost-effectiveness analysis for those rulemakings where improved public health and safety are the primary benefits. The cost effectiveness of a regulatory action is typically measured as a ratio of the change in costs occasioned by the action compared to its positive results (i.e., lives saved). A primary value of cost-effectiveness analysis is its ability to identify regulatory options that achieve the most effective use of the resources available without requiring monetization of all of the relevant benefits or costs. In light of these new requirements, FMCSA has prepared an addendum to the original RIA containing the two supplemental analyses and has made it available in Docket FMCSA-2004- 19608.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-1755
Type: Notice
Date: 2005-02-01
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. Willie F. Adams. 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.
Hours of Service of Drivers
Document Number: 05-1248
Type: Proposed Rule
Date: 2005-01-24
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA is reviewing and reconsidering the regulations on hours of service of drivers published on April 28, 2003 (68 FR 22456) and amended on September 30, 2003 (68 FR 56208). The regulations were vacated by the U.S. Court of Appeals for the District of Columbia Circuit on July 16, 2004 (Public Citizen et al. v. Federal Motor Carrier Safety Administration, 374 F.3d 1209). Congress subsequently provided 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 (Section 7(f) of the Surface Transportation Extension Act of 2004, Part V). FMCSA is reconsidering the 2003 regulations to determine what changes may be necessary to be consistent with the holdings and dicta of the Public Citizen decision. In order to allow effective public participation in the process before the statutory deadline, FMCSA is publishing this NPRM concurrently with its ongoing research and analysis of the issues raised by the court. To facilitate discussion, the agency is putting forward the 2003 rule as the ``proposal'' on which public comments are sought. This NPRM, however, asks the public to comment on what changes to that rule, if any, are necessary to respond to the concerns raised by the court, and to provide data or studies that would support changes to, or continued use of, the 2003 rule. The NPRM includes specific information on a variety of topics and specific questions for comment. FMCSA is not considering changes to the hours-of-service regulations applicable to drivers and operators of passenger-carrying commercial motor vehicles (CMVs).
Qualification of Drivers; Exemption Applications; Vision
Document Number: 05-851
Type: Notice
Date: 2005-01-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA announces its decision to exempt 29 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: 05-850
Type: Notice
Date: 2005-01-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice publishes the FMCSA's receipt of applications from 29 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).
Policy on Availability of Information From the Commercial Driver's License Information System
Document Number: 05-669
Type: Notice
Date: 2005-01-13
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
As required by the Transportation Equity Act for the 21st Century (TEA-21), this document informs the public of FMCSA's policy regarding access to information in the Commercial Driver's License Information System (CDLIS) by other Federal agencies.
Notice-Request for Comments on Renewing Approval of an Information Collection: OMB Control No. 2126-0016 (Licensing Applications for Motor Carrier Operating Authority)
Document Number: 05-560
Type: Notice
Date: 2005-01-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice announces FMCSA's plans to request the Office of Management and Budget (OMB) to renew its approval of the information collection described below. This information collection is for the application forms used by for-hire motor carriers of regulated commodities, freight forwarders, property brokers, and certain Mexican motor carriers to register their operations with the FMCSA. This notice is required by the Paperwork Reduction Act.
Notice Requesting Comment on Renewing Approval of an Information Collection: OMB Control No. 2126-0019 (Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers)
Document Number: 05-559
Type: Notice
Date: 2005-01-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice announces FMCSA's plans to request the Office of Management and Budget (OMB) to renew its approval of the information collection described below. This information collection requires Mexico-domiciled for-hire and private motor carriers who wish to register to transport property only within municipalities in the United States on the U.S.-Mexico international border or within the commercial zones of such municipalities to file Form OP-2. Under the Paperwork Reduction Act, the FMCSA is required to publish this notice.
Qualification of Drivers; Exemption Applications; Diabetes
Document Number: 05-296
Type: Notice
Date: 2005-01-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA announces its denial of 8 applications from individuals who requested an exemption from the Federal diabetes standard applicable to interstate truck drivers and the reasons for the denials. The FMCSA has statutory authority to exempt individuals from the diabetes standard if the exemptions granted will not compromise safety. The agency has concluded that granting these exemptions would not provide a level of safety that will equal or exceed the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers.