Federal Motor Carrier Safety Administration 2006 – Federal Register Recent Federal Regulation Documents

Commercial Driver's License Standards; Application for Exemption; Volvo Trucks North America, Inc
Document Number: E6-21913
Type: Notice
Date: 2006-12-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA announces that Volvo Trucks North America, Inc. (Volvo) has applied for an exemption from the Federal requirement that drivers of commercial motor vehicles (CMVs) have a commercial driver's license (CDL). Volvo requests that the exemption cover three Swedish engineers who will test-drive CMVs for Volvo within the United States. Each of the three Volvo employees currently holds a Swedish CDL. Volvo states that it requests the exemption to support Volvo field tests on future air-quality standards and to evaluate the performance of Volvo vehicles in ``real world'' environments.
Requirements for Intermodal Equipment Providers and Motor Carriers and Drivers Operating Intermodal Equipment
Document Number: E6-21380
Type: Proposed Rule
Date: 2006-12-21
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA proposes regulations for entities offering intermodal chassis to motor carriers for transportation of intermodal containers in interstate commerce. As mandated by section 4118 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), this rulemaking would require intermodal equipment providers (IEPs) to register and file with FMCSA an Intermodal Equipment Provider Identification Report (Form MCS-150C); display the USDOT Number, or other unique identifier, on each intermodal container chassis offered for transportation in interstate commerce; establish a systematic inspection, repair, and maintenance program to ensure the safe operating condition of each intermodal container chassis; maintain documentation of the program; and provide a means to effectively respond to driver and motor carrier reports about intermodal container chassis mechanical defects and deficiencies. The proposed regulations would for the first time make IEPs subject to the Federal Motor Carrier Safety Regulations (FMCSRs). The agency is also proposing additional inspection requirements for motor carriers and drivers operating intermodal equipment. The intent of this rulemaking is to ensure that intermodal equipment used to transport intermodal containers is safe and systematically maintained. Improved maintenance is expected to result in fewer out-of-service orders and highway breakdowns involving intermodal chassis and improved efficiency of the Nation's intermodal transportation system. To whatever extent inadequately maintained intermodal chassis are responsible for, or contribute to, crashes, this proposal would also help to ensure that commercial motor vehicle (CMV) operations are safer.
New Entrant Safety Assurance Process
Document Number: 06-9759
Type: Proposed Rule
Date: 2006-12-21
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA proposes changes to the New Entrant Safety Assurance Process that would raise the standard of compliance for passing the new entrant safety audit. The agency has identified 11 regulations that it believes are essential elements of basic safety management controls necessary to operate in interstate commerce and proposes that failure to comply with any one of the 11 regulations would result in automatic failure of the audit. Under this proposal, carriers would also be subject to the current safety audit evaluation criteria in Appendix A of part 385. Additionally, if a roadside inspection discloses certain violations, the new entrant would be subject to expedited actions to correct these deficiencies. The agency proposes to eliminate Form MCS- 150ASafety Certification for Application for USDOT Number. The agency also intends to check compliance with the Americans with Disabilities Act and certain household goods-related requirements in the new entrant safety audit, if they apply to the new entrant's operation. However, failure to comply with these requirements would not impact the outcome of the safety audit. These changes would not impose additional operational requirements on any new entrant carrier. All new entrants would continue to receive educational information on how to comply with the safety regulations and be given an opportunity to correct any deficiencies found. FMCSA recognizes many new entrants are small businesses that are unaware of these requirements and continue to need the agency's assistance. Finally, FMCSA would make clarifying changes to some of the existing new entrant regulations and establish a separate new entrant application procedure and safety oversight program for non-North America-domiciled motor carriers. FMCSA believes this proposal would improve its ability to identify at-risk new entrant carriers and ensure deficiencies in basic safety management controls are corrected before the new entrant is granted permanent registration.
Solicitation of Applications for Fiscal Year (FY) 2007, Commercial Motor Vehicle (CMV) Operator Safety Training Grant Opportunity
Document Number: E6-21458
Type: Notice
Date: 2006-12-18
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it has published an opportunity to apply for FY 2007 CMV Operator Safety Training Grant Opportunity funding on the grants.gov Web site (http://www.grants.gov). Section 4134 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy For Users (SAFETEA-LU) establishes the CMV Operator Safety Training Grant Opportunity program. The legislation requires grant recipients to train drivers and future drivers in the safe operation of CMVs, as defined in Section 31301 of Title 49, United States Code. Priority will be given to regional or multi-state educational or nonprofit associations serving economically distressed regions of the United States. Eligible awardees also can include State governments, local governments, and accredited post-secondary educational institutions (public or private) such as colleges, universities, vocational-technical schools and truck driver training schools. To apply for funding, applicants must be registered with grants.gov. Registration with grants.gov may take two to five days before the system will allow you to apply for grants using the grants.gov Web site (http://www.grants.gov/applicants/getregistered.jsp). Submit application in accordance with the instructions provided. Applications for grant funding must be submitted electronically to the FMCSA through the grants.gov Web site. The CFDA number for MCSAP is 20.235.
Notice of Request for Comments on Renewal of a Currently Approved Information Collection: Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property
Document Number: E6-21455
Type: Notice
Date: 2006-12-18
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. This information collection renewal will be used to ensure that motor carriers of property and passengers maintain the appropriate levels of financial responsibility to operate on public highways. The Agency published a Federal Register notice allowing for a 60-day comment period on the ICR in August 2006 (71 FR 48967, Aug. 22, 2006). FMCSA did not receive any comments in response to this notice.
Minimum Levels of Financial Responsibility for Motor Carriers; Petitions for Rulemaking
Document Number: E6-21314
Type: Proposed Rule
Date: 2006-12-15
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) announces it is considering whether to amend its financial responsibility requirements for motor carriers in response to two petitions for rulemaking. The Government of Canada (Canada) petitioned FMCSA to amend these requirements to permit, as acceptable evidence of financial responsibility, a policy of insurance issued by a Canadian insurance company legally authorized to issue such policies in the Province or Territory of Canada where the motor carrier has its principal place of business. Canada believes the FMCSA's current regulations place Canada-domiciled motor carriers operating in the United States at a competitive disadvantage with U.S.-domiciled carriers. The Property Casualty Insurers Association of America (PCI) petitioned FMCSA to make revisions to the MCS-90 and MCS-90B endorsements to clarify that language in the endorsements imposing liability for negligence occurring ``on any route or in any territory authorized to be served by the insured or elsewhere'' does not include liability connected with transportation within Mexico. FMCSA seeks input from the public in the form of data or other information in response to several questions posed in the ANPRM to assist the Agency in evaluating these proposals.
Qualification of Drivers; Exemption Applications; Diabetes
Document Number: E6-21136
Type: Notice
Date: 2006-12-13
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 66 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 commercial motor vehicles in interstate commerce.
Agency Information Collection Activities; Request for Comments; Notice of Intent To Survey Motor Carriers Operating Small Passenger-Carrying Commercial Motor Vehicles
Document Number: E6-20830
Type: Notice
Date: 2006-12-08
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA invites comments about its plan to request the Office of Management and Budget's (OMB) approval of a new information collection (IC). FMCSA intends to sponsor this new information collection by use of a research contractor to conduct a survey of motor carriers who operate small passenger-carrying commercial motor vehicles (CMVs). The data collected would assist FMCSA with outreach initiatives to these motor carriers of passengers, some of which will be brought within the scope of FMCSA safety regulation by recent statutory changes. This notice is required by the Paperwork Reduction Act of 1995.
Establishment of the Commercial Driver's License (CDL) Advisory Committee
Document Number: E6-20304
Type: Notice
Date: 2006-12-01
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA announces establishment of the Commercial Driver's License (CDL) Advisory Committee. Section 4135 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requires creation of a ``task force'' to study and address current impediments and foreseeable challenges to the CDL Program's effectiveness and measures needed to realize the full safety potential of the Program. The FMCSA is chartering an advisory committee under the Federal Advisory Committee Act (FACA) to satisfy this SAFETEA-LU requirement. This Notice provides background and details about the purpose and functions of the CDL Advisory Committee, in accordance with FACA, and discusses the issues the CDL Advisory Committee will study and address. The Secretary of Transportation will appoint to the CDL Advisory Committee 15 individuals, representing stakeholders. The CDL Advisory Committee will begin work by the end of calendar year 2006.
Medical Review Board Meeting
Document Number: E6-20247
Type: Notice
Date: 2006-11-29
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces the next public meeting of its Medical Review Board (MRB). The MRB members will continue deliberations about current FMCSA medical standards, as well as consider recommendations for new science-based standards and guidelines to ensure that the physical condition of drivers is adequate to enable them to safely operate commercial motor vehicles (CMVs) in interstate commerce. In accordance with the Federal Advisory Committee Act (FACA), the meeting is open to the public.
Privacy Act of 1974: System of Records
Document Number: E6-20115
Type: Notice
Date: 2006-11-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
DOT intends to establish a system of records under the Privacy Act of 1974.
Availability of Grant Program Funds for Commercial Driver's License Program Improvements
Document Number: E6-19684
Type: Notice
Date: 2006-11-21
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration announces the availability of Commercial Driver's License Program Improvement (CDLPI) grant funding as authorized by Section 4124 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The program is a discretionary grant program that provides funding for improving States' implementation of the Commercial Driver's License (CDL) program, including expenses for computer hardware and software, publications, testing, personnel, training, and quality control. Grants made under this program may not be used to rent, lease, or buy land or buildings. The agency in each State designated as the primary driver licensing agency responsible for the development, implementation, and maintenance of the CDL program is eligible to apply for grant funding. To apply for funding, applicants must register with the grants.gov Web site (http://www.grants.gov/ applicants/getregistered.jsp) and submit an application in accordance with instructions provided. Applications for grant funding must be submitted electronically to the FMCSA through the grants.gov Web site.
Agency Information Collection Activities; Revision of Approved Information Collections: OMB Control Numbers 2126-0010 (Motor Carrier Safety Assistance Program); 2126-0011 (Commercial Driver Licensing and Test Standards); and 2126-0025 (Transportation of Household Goods; Consumer Protection)
Document Number: E6-19564
Type: Notice
Date: 2006-11-20
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA invites public comment on its intent to request approval from the Office of Management and Budget (OMB) to revise three (3) information collections (ICs), entitled ``Motor Carrier Safety Assistance Program'' (2126-0010), ``Commercial Driver Licensing and Test Standards'' (2126-0011), and ``Transportation of Household Goods; Consumer Protection'' (2126-0025). These ICs are necessary to ensure that motor carriers comply with changes made by various provisions of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). We are required to publish this notice in the Federal Register by the Paperwork Reduction Act of 1995 and implementing regulations at 5 CFR 1320.10.
Qualification of Drivers; Exemption Applications; Diabetes
Document Number: E6-19563
Type: Notice
Date: 2006-11-20
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt forty-five 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 operate CMVs in interstate commerce.
Announcement of Establishment of the Motor Carrier Safety Advisory Committee; Request for Nominations
Document Number: E6-19560
Type: Notice
Date: 2006-11-20
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces the establishment of the Motor Carrier Safety Advisory Committee as required by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users. The advisory committee will provide advice and recommendations to the FMCSA Administrator on the needs, objectives, plans, approaches, content, and accomplishments of motor carrier safety programs and motor carrier safety regulations. This notice also solicits nominations for interested persons to serve on the advisory committee. The Administrator will appoint up to 20 members to the Motor Carrier Safety Advisory Committee. The advisory committee will begin work in 2006.
State Enforcement of Household Goods Consumer Protection
Document Number: E6-19411
Type: Notice
Date: 2006-11-17
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) gives State household goods regulatory authorities and State attorneys general the right to enforce certain consumer protection provisions that apply to individual shippers and are related to interstate movement of the goods. This notice specifies the Federal statutory and regulatory provisions that States may enforce.
Medical Certification Requirements as Part of the CDL
Document Number: E6-19246
Type: Proposed Rule
Date: 2006-11-16
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA proposes to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to merge information from the medical certificate into the Commercial Driver's License (CDL) process as required by section 215 of the Motor Carrier Safety Improvement Act of 1999 (MCSIA). This NPRM would implement section 215 by requiring interstate CDL holders subject to the physical qualification requirements of the FMCSRs to provide a current original or copy of their medical examiner's certificates to their State Driver Licensing Agency (SDLA). It would also require the SDLA to record on the Commercial Driver License Information System (CDLIS) driver record the certification the driver made regarding applicability of 49 CFR part 391, and, for drivers subject to part 391, the medical status information proposed in this NPRM. The driver's certification as to the applicability of part 391 and the specified medical certification status information would be made available to personnel authorized in 49 CFR part 384 via CDLIS and National Law Enforcement Telecommunication System (NLETS) electronic inquiries, and on the CDLIS motor vehicle record (CDLIS MVR) obtained by employers and drivers. CDL drivers would no longer be required to carry the medical examiner's certificate, because their certification status would be verified electronically.
Qualification of Drivers; Exemption Applications; Vision
Document Number: E6-19107
Type: Notice
Date: 2006-11-13
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 17 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement 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.
Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors
Document Number: 06-9124
Type: Notice
Date: 2006-11-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
Qualification of Drivers; Exemption Applications; Vision
Document Number: E6-18087
Type: Notice
Date: 2006-10-30
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 75 individuals for exemptions 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 Federal vision standard.
Solicitation of Applications for Fiscal Year (FY) 2007 Motor Carrier Safety Assistance Program (MCSAP) High Priority and New Entrant Grant Funding
Document Number: E6-17967
Type: Notice
Date: 2006-10-26
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it has published an opportunity to apply for FY2007 MCSAP High Priority and New Entrant grant funding on the grants.gov Web site (http://www.grants.gov). Section 4101 of SAFETEA-LU (Pub. L. 109-59, August 10, 2005, 119 Stat. 1144) amends 49 U.S.C. 31104(a) and authorizes the Motor Carrier Safety Grants funding for FY2006 through FY2009. The authorized level of funding for MCSAP is $197,000,000 for FY2007, which includes up to $15,000,000 for High Priority grants and up to $29,000,000 for New Entrant Safety Audits. High priority funds are only available for activities conducted by State agencies, local governments, and organizations representing government agencies or officials that use and train qualified officers and employees in coordination with State motor vehicle safety agencies. States and local governments are eligible to apply for New Entrant funds. All applicants must submit an electronic application package through grants.gov. To apply using the grants.gov process, the applicant must be registered with grants.gov. To register, go to http:/ /www.grants.gov/applicants/getregistered.jsp. The applicant must download the grant application package, complete the grant application package, and submit the completed grant application package. This can be done on the Internet at http://www.grants.gov/applicants/apply forgrants.jsp. The CFDA number for MCSAP is 20.218.
Qualification of Drivers; Exemption Applications; Vision
Document Number: E6-17679
Type: Notice
Date: 2006-10-23
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 23 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement 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: E6-17678
Type: Notice
Date: 2006-10-23
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 16 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement 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.
Agency Information Collection Activities; Clearance of a New Information Collection: FMCSA COMPASS Portal Customer Satisfaction Assessment
Document Number: E6-17455
Type: Notice
Date: 2006-10-19
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA invites public comment on its plan to request the Office of Management and Budget's (OMB) approval for a new information collection (IC). The collection involves the assessment of FMCSA's strategic decision to integrate its Information Technology (IT) with its business processes using portal technology to consolidate its systems and databases and launch a modernization initiative to create the FMCSA COMPASS Portal. The information to be collected will be used to assess the satisfaction of Federal, State and industry customers with the FMCSA COMPASS Portal. FMCSA is required by the Paperwork Reduction Act of 1995 to publish this notice in the Federal Register.
Agency Information Collection Activities; Request for Comments; Notice of Intent To Survey Motor Carriers Operating Small Passenger-Transporting Commercial Motor Vehicles
Document Number: E6-17451
Type: Notice
Date: 2006-10-19
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA invites comments about our intention to request the Office of Management and Budget (OMB) to approve a new information collection. The new information collection is associated with an agency study by a research contractor which will investigate motor carriers that operate small passenger-transporting commercial motor vehicles (CMVs). The collected information would assist FMCSA with outreach initiatives to these newly regulated motor carriers of passengers. This notice is required by the Paperwork Reduction Act of 1995.
Agency Information Collection Activities; Request for Comments; Renewal of an Information Collection: Medical Qualification Requirements
Document Number: E6-17450
Type: Notice
Date: 2006-10-19
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA invites comments on its plan to request approval from the Office of Management and Budget (OMB) to renew an information collection concerning the requirements set forth in 49 CFR parts 391 and 398 for the following activities: (1) A medical examination form and certificate to be completed by a licensed medical examiner; (2) The submission of an application to FMCSA for the Agency to resolve conflicts of medical evaluations between medical examiners; (3) A driver qualification (DQ) file for: (a) Motor carriers to include the medical certificate; (b) motor carriers of migrant workers to include a doctor's certificate for every driver employed or used by them; and (c) motor carriers to include a Skill Performance Evaluation (SPE) certificate issued to a driver with a limb disability; and (4) Information collected from carriers, drivers and interested parties used in Agency determinations for granting exemptions from the vision and diabetes requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). This notice is required by the Paperwork Reduction Act of 1995.
Comprehensive Safety Analysis 2010 Initiative
Document Number: 06-8723
Type: Notice
Date: 2006-10-17
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) is holding a public listening session to obtain feedback on the Agency's Comprehensive Safety Analysis 2010 initiative (CSA 2010), a comprehensive review and analysis of FMCSA's current commercial motor carrier safety and enforcement programs. FMCSA will use the upcoming listening session to inform the public on the conceptual direction and progress of CSA 2010, and obtain feedback from its partners and stakeholders. To facilitate the upcoming listening session, FMCSA has included in this notice a number of questions that commenters are invited to address.
Qualification of Drivers; Exemption Requests; Epilepsy and Seizure Disorders
Document Number: E6-17032
Type: Notice
Date: 2006-10-13
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from four individuals for exemptions from the prohibition against persons with a clinical diagnosis of epilepsy (or any other condition which is likely to cause a loss of consciousness or any loss of ability to control a commercial motor vehicle (CMV)), operating trucks and buses in interstate commerce. If granted, the exemptions would enable these individuals with seizure disorders to operate CMVs in interstate commerce. All records associated with these requests are available in the public docket.
Medical Review Board Meeting
Document Number: E6-17031
Type: Notice
Date: 2006-10-13
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that its MRB will hold a public meeting. The MRB members will continue deliberations about current FMCSA medical standards, as well as consider recommendations for new science-based standards and guidelines to ensure that the physical condition of drivers is adequate to enable them to safely operate commercial motor vehicles (CMVs) in interstate commerce. In accordance with the Federal Advisory Committee Act (FACA), the meeting is open to the public.
Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors
Document Number: 06-8514
Type: Notice
Date: 2006-10-04
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
Qualification of Drivers; Exemption Applications; Diabetes
Document Number: E6-16276
Type: Notice
Date: 2006-10-03
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from forty-five 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 CMVs in interstate commerce.
Compliance with Interstate Motor Carrier Noise Emission Standards: Exhaust Systems
Document Number: 06-8156
Type: Notice
Date: 2006-09-25
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA requests public comment on the merits of a petition for rulemaking filed by the Truck Manufacturers Association. This trade association, whose members include all of the major North American manufacturers of medium and heavy-duty trucks, has petitioned FMCSA to amend the Federal Motor Carrier Safety Regulations to eliminate turbochargers from the list of equipment considered to be noise dissipative devices. The Truck Manufacturers Association contends that virtually all trucks are now equipped with turbochargers. Hence, these trucks cannot be cited for failure to meet the visual exhaust system inspection requirements of FMCSA's safety regulations if they have no muffler.
Hours of Service of Drivers: Withdrawal of Application for Exemption; FedEx Ground Package System, Inc.
Document Number: 06-8123
Type: Notice
Date: 2006-09-25
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA announces that it is withdrawing its notice of an application for exemption upon the request of the applicant, FedEx Ground Package System, Inc. (FedEx).
Solicitation of Applications for FY 2007 Border Enforcement Grant Funding
Document Number: 06-8121
Type: Notice
Date: 2006-09-25
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it has published an opportunity to apply for FY2007 Border Enforcement Grant (BEG) funding on the grants.gov Web site. Section 4110 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy For Users established the BEG program. The program is a discretionary grant program that provides funding for border commercial motor vehicle (CMV) safety programs and related enforcement activities and projects. An entity or a State that shares a land border with another country is eligible to receive grant funding. To apply for funding, applicants must register online with the grants.gov Web site (http://www.grants.gov/applicants/get registered.jsp), and submit an application in accordance with instructions provided. Applications for grant funding must be submitted electronically to the FMCSA through the grants.gov Web site.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 06-8119
Type: Notice
Date: 2006-09-25
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 18 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement 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 Kershaw Fruit & Cold Storage Co., Inc. and Kershaw Sunnyside Ranches, Inc.
Document Number: E6-15224
Type: Notice
Date: 2006-09-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA requests public comment on an application for an exemption received from Kershaw Fruit & Cold Storage Co., Inc. and Kershaw Sunnyside Ranches, Inc. regarding the transportation of wooden fruit bins from fields to cold storage and packing facilities. These companies seek the exemption because they believe compliance with the general cargo securement requirements prevents them from using more efficient and effective cargo securement methods. Kershaw Fruit & Cold Storage Co., Inc. and Kershaw Sunnyside Ranches, Inc. believe the alternative cargo securement method that they have historically used would maintain a level of safety that is equivalent to the level of safety achieved without the exemption.
Qualification of Drivers; Exemption Applications; Vision
Document Number: E6-14998
Type: Notice
Date: 2006-09-11
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 42 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement 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.
Exemption to Allow Werner Enterprises, Inc. To Use Global Positioning System (GPS) Technology To Monitor and Record Drivers' Hours of Service
Document Number: E6-14797
Type: Notice
Date: 2006-09-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA announces its decision to renew Werner Enterprises, Inc.'s (Werner) exemption from the Agency's requirement that drivers of commercial motor vehicles (CMVs) operating in interstate commerce prepare handwritten records of duty status (RODS). Werner has requested that its exemption be renewed so that it may continue its practice of monitoring the hours of service (HOS) of its drivers by means of GPS technology and complementary computer programs. Werner proposes in this application that the terms and conditions of the current exemption remain in place for a second two-year period. The FMCSA believes that with the terms and conditions in place, Werner will maintain a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the requirement for a written RODS.
Railroad-Highway Grade Crossing; Safe Clearance; Public Meeting
Document Number: E6-14462
Type: Proposed Rule
Date: 2006-08-30
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA announces that a public meeting will be held to discuss the problem of railroad-highway grade crossing crashes in which a commercial motor vehicle (CMV) is struck by a train because the driver of the CMV, for whatever reason, stops the vehicle prior to clearing the railroad track. The meeting is intended to promote the sharing of information between interested parties and FMCSA, the Federal Highway Administration (FHWA), and the Federal Railroad Administration (FRA) to ensure motor carriers and drivers are prepared to achieve full compliance with a forthcoming, statutorily mandated Federal rule to prohibit drivers from entering a railroad grade crossing unless there is sufficient room to clear the tracks completely without stopping. The meeting will provide all interested parties with an opportunity to voice their concerns about the potential costs and safety benefits of such a rule.
Enforcement of Operating Authority Requirements
Document Number: E6-14248
Type: Rule
Date: 2006-08-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA or the Agency) adopts as final, with minor changes, its interim regulations as published in the Federal Register in August 2002. Since that time, enforcement officials have discovered many carriers operating without the required operating authority or beyond the scope of their authority. By making minor changes to the rule, FMCSA facilitates enforcement of these regulatory requirements by the agency's employees and its State counterparts. Clarifying that operating authority means registration as required by statute assists State enforcement officers in identifying the correct violation and not confusing operating authority with other registration requirements.
Qualification of Drivers; Exemption Applications; Vision
Document Number: E6-14178
Type: Notice
Date: 2006-08-28
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 19 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement 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.
Pre-Trip Safety Information for Motorcoach Passengers
Document Number: 06-7182
Type: Notice
Date: 2006-08-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA seeks comments on its proposed plan to implement National Transportation Safety Board (NTSB) recommendations for providing pre-trip safety information to motorcoach passengers. The NTSB recommends that the agency require, and develop minimum guidelines for, pre-trip safety information to be provided by motorcoach companies to passengers. FMCSA, in conjunction with stakeholders, has developed a basic plan for all motorcoach companies to implement a passenger safety awareness program. FMCSA proposes a flexible plan that would approve several methods of informing motorcoach passengers using visual and/or audio presentation, with or without technology assistance. FMCSA seeks motorcoach industry and stakeholder input in finalizing the plan. The goal of this initiative is to develop, and encourage adoption of, passenger safety awareness guidelines suited for diverse motorcoach operational types.
Registration of Brokers and Freight Forwarders of Non-Household Goods
Document Number: E6-14064
Type: Notice
Date: 2006-08-24
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
Section 4142 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), which was enacted into law August 10, 2005, authorizes the Secretary of Transportation (Secretary) to register brokers and freight forwarders of non-household goods (otherwise known as general commodities brokers and freight forwarders) if the Secretary finds that such registration is needed for the protection of shippers. FMCSA, which has been delegated authority to exercise the Secretary's functions and activities regarding broker and freight forwarder registration, is making a finding that registration of brokers and freight forwarders of non-household goods is needed for the protection of shippers. Accordingly, the Agency will continue to register all general commodities brokers and freight forwarders subject to its jurisdiction.
Agency Information Collection Activities; Request for Comment; Renewal of an Information Collection: Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property
Document Number: E6-13794
Type: Notice
Date: 2006-08-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA invites comments on its plan to request the Office of Management and Budget's (OMB) approval to renew an existing information collection. This information collection renewal will be used to assure that motor carriers of property and passengers maintain appropriate levels of financial responsibility to operate on public highways. This notice is required by the Paperwork Reduction Act of 1995.
Qualification of Drivers; Exemption Applications; Vision
Document Number: E6-13591
Type: Notice
Date: 2006-08-17
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 5 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement 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.
Motor Carrier Transportation; Redesignation of Regulations From the Research and Innovative Technology Administration
Document Number: E6-12962
Type: Rule
Date: 2006-08-10
Agency: Federal Motor Carrier Safety Administration, Department of Transportation, Research and Innovative Technology Administration
This rule transfers and redesignates certain motor carrier reporting regulations currently found in 49 CFR Chapter XI to the Federal Motor Carrier Safety Administration (FMCSA) in 49 CFR Chapter III. On August 17, 2004, the Secretary of Transportation (Secretary) transferred responsibility for the Motor Carrier Financial and Operating Statistics Program from the Bureau of Transportation Statistics, now a part of the Research and Innovative Technology Administration, to FMCSA. Today's action transfers the applicable regulations to chapter III of title 49 CFR, establishes a new part 369 within that title, and makes conforming technical amendments to the redesignated regulations.
Commercial Driver's License Standards; Application for Exemption; Volvo Trucks North America, Inc.
Document Number: E6-12849
Type: Notice
Date: 2006-08-08
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that Volvo Trucks North America, Inc. (Volvo) has applied for an exemption from the Federal requirement for drivers of commercial motor vehicles (CMVs) to hold a commercial driver's license (CDL). Volvo requests that the exemption cover seven Swedish engineers and technicians who will test-drive CMVs for Volvo within the United States. All seven Volvo employees hold a valid Swedish CDL. Volvo states the exemption is needed to support a Volvo field test to meet future air quality standards, and to test-drive Volvo prototype vehicles to verify results in ``real world'' environments. Volvo believes the knowledge and skills tests and training program that Swedish drivers undergo to obtain a Swedish CDL ensures the exemption would provide a level of safety that is equivalent to, or greater than, the level of safety obtained by complying with the U.S. requirements for a CDL.
Qualification of Drivers; Exemption Applications; Diabetes
Document Number: E6-12848
Type: Notice
Date: 2006-08-08
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt forty-seven 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 operate CMVs in interstate commerce.
Qualification of Drivers; Exemption Applications; Vision
Document Number: E6-12335
Type: Notice
Date: 2006-08-01
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 5 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement 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.