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

Railroad Grade Crossing Safety; Withdrawal
Document Number: E6-6424
Type: Proposed Rule
Date: 2006-04-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA withdraws a July 30, 1998, Notice of Proposed Rulemaking (NPRM) that would have prohibited the driver of a commercial motor vehicle (CMV) from driving onto a highway-railroad grade crossing without sufficient space to drive completely through the crossing without stopping. The NPRM was issued in response to section 112 of the Hazardous Materials Transportation Authorization Act of 1994. After careful analysis and review of the comments, FMCSA has concluded that the NPRM gave a misleading impression of the statutory mandate and the cost and complexity of complying with an implementing regulation. FMCSA is therefore withdrawing the 1998 NPRM in order to eliminate the confusion associated with this rulemaking. The agency, however, will issue a simpler and more clearly written new NPRM addressing the requirements of section 112.
Notice of Request for Comments on Extension of Currently Approved Information Collections: OMB Control Numbers 2126-0032 and 2126-0033 (Financial and Operating Statistics for Motor Carriers of Property)
Document Number: E6-6352
Type: Notice
Date: 2006-04-27
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In accordance with the Paperwork Reduction Act of 1995 FMCSA announces its intent to submit two currently-approved Information Collection Requests (ICRs) described to the Office of Management and Budget (OMB) for review and approval. The ICRs describes two information collection activities and their expected costs and burdens. The Federal Register notice allowing for a 60-day comment period on the ICRs was published on January 18, 2006 (71 FR 2985). The agency received five comments in support of the continuation of these ICRs.
Qualification of Drivers; Exemption Applications; Vision
Document Number: E6-5593
Type: Notice
Date: 2006-04-14
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 18 individuals. FMCSA has statutory authority to exempt individuals from its vision standards if the exemptions granted will not compromise safety. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the vision standard prescribed in 49 CFR 391.41(b)(10). The Agency has concluded that granting these exemptions will provide a level of safety that is 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: E6-5592
Type: Notice
Date: 2006-04-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 19 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSR). The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the vision standard prescribed in 49 CFR 391.41(b)(10). The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these CMV drivers.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 06-3587
Type: Notice
Date: 2006-04-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 14 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSR). The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the vision standard prescribed in 49 CFR 391.41(b)(10). The Agency has concluded that granting these exemptions will provide a level of safety that is equivalent to, or greater than, the level of safety maintained without the exemptions for these CMV drivers.
Agency Information Collection Activities; Request for Comment; Approval of a New Information Collection: Letter of Confirmation and Carrier Contact Information Sheets
Document Number: E6-5434
Type: Notice
Date: 2006-04-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA invites public comment on its plan to request the Office of Management and Budget's (OMB) approval to collect information on new forms entitled ``Carrier Contact Information Sheets.'' The information will be collected from United States and Canada-based motor carriers through the use forms, and used by FMCSA Safety Auditors and Safety Investigators to prepare in advance for Compliance Reviews (CRs) and New Entrant Program Safety Audits (NEPSAs); Pre-authority Safety Audits (PASAs) and CRs of certain Mexico-domiciled motor carriers; and NEPSAs and CRs of Non-North American motor carriers. FMCSA conducts CRs to determine motor carrier compliance with the Federal Motor Carrier Safety Regulations (FMCSRs) and other regulations overseen by FMCSA. In accordance with section 350 of the 2002 DOT Appropriations Act and the Agency's regulations, all Mexico-domiciled long-haul carriers must successfully complete a PASA before receiving authority to operate in the United States and must receive a CR within their first 18 months of operations in the United States. All other motor carriers receive CRs to determine their safety fitness. FMCSA conducts NEPSAs in accordance with section 210 of the Motor Carrier Safety Improvement Act of 1999, which requires safety reviews of all new entrants during their first 18 months of operations. The information collected from motor carriers will be used to assist safety investigators to become familiar with the motor carrier's operation prior to visiting the carrier's place of business. The information collected will include, but is not limited to, company information and contact persons, business type, insurance, type of cargo transported, vehicle and driver information and controlled substance testing information. Additional information will be collected from carriers who transport hazardous materials, household goods, and passengers or are domiciled in Mexico. This notice is required by the Paperwork Reduction Act of 1995.
Agency Information Collection Activities; Request for Comment; Renewal of an Existing Information Collection: Annual and Quarterly Reports of Class I Motor Carriers of Passengers (Formerly OMB 2139-0003)
Document Number: E6-5209
Type: Notice
Date: 2006-04-10
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
This notice announces that the Federal Motor Carrier Safety Administration (FMCSA) intends to submit to the Office of Management and Budget (OMB) its request to renew a currently-approved information collection for Class I Motor Carriers of Passengers, Form MP-1, Annual and Quarterly Reports. This information collection is necessary to ensure that motor carriers comply with financial and operating statistics requirements at 49 CFR part 1420. This notice is required by the Paperwork Reduction Act of 1995 (PRA).
Hours of Service of Drivers: Institute of Makers of Explosives (IME); Application for Exemption
Document Number: E6-5140
Type: Notice
Date: 2006-04-10
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it has received an application for exemption from a requirement in its hours-of-service (HOS) rules from the Institute of Makers of Explosives (IME). IME requests that a member of a driving team who is transporting hazardous materials requiring constant attendance in accordance with the Federal Motor Carrier Safety Regulations and who is using the sleeper berth be allowed to exit the sleeper berth for brief specified periods without being considered ``on duty.'' FMCSA requests public comment on IME's application for exemption.
District of Columbia Requirements for Highway Routing of Certain Hazardous Materials
Document Number: E6-5137
Type: Notice
Date: 2006-04-10
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
Federal hazardous material transportation law preempts the highway routing requirements in the Terrorism Prevention in Hazardous Materials Transportation Act of 2005 [D.C. Act 16-266, Jan. 26, 2006] and the Terrorism Prevention in Hazardous Materials Transportation Congressional Review Emergency Act of 2006 [D.C. Act 16-325, Mar. 23, 2006].
Qualification of Drivers; Exemption Applications; Diabetes
Document Number: E6-5056
Type: Notice
Date: 2006-04-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt six 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.
Availability of the Updated “Your Rights and Responsibilities When You Move” Pamphlet
Document Number: E6-5048
Type: Notice
Date: 2006-04-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces the availability of the 2006 version of the ``Your Rights and Responsibilities When You Move'' pamphlet (Publication No. FMCSA-ESA-03-006, Revised/Updated April 2006). Only those changes mandated by Subtitle B, sections 4201-4216, of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) [Pub. L. 109-59, August 10, 2005, 119 Stat. 1751] have been incorporated into this pamphlet. The Agency finds that seeking public comment before publishing changes to this pamphlet is unnecessary and contrary to the public interest. First, FMCSA is only modifying this pamphlet to incorporate requirements of SAFETEA-LU which took effect on August 10, 2005. Second, moving companies are required to provide copies of the pamphlet to household goods shippers. Thus, the pamphlet needs to accurately reflect these statutory changes without further delay.
Qualification of Drivers; Exemption Application From Thomas Deke; Diabetes
Document Number: E6-4972
Type: Notice
Date: 2006-04-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of application from Mr. Thomas Deke for an exemption from the prohibition against persons with insulin- treated diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in interstate commerce. If granted, the exemption would enable Mr. Deke to operate commercial motor vehicles in interstate commerce.
Qualification of Drivers; Exemption Applications; Diabetes
Document Number: E6-4898
Type: Notice
Date: 2006-04-05
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt two 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.
Public Meeting To Discuss the Implementation of the North American Standard for Cargo Securement
Document Number: E6-4792
Type: Notice
Date: 2006-04-03
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces the third 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. The final rule is based on the North American Cargo Securement Standard Model Regulations, which reflect the results of a multi-year comprehensive research program to evaluate U.S. and Canadian cargo securement regulations. Motor carriers operating in the United States had 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. This meeting is the third in a series of meetings to discuss the process for ensuring the consistent interpretation and enforcement of the harmonized cargo securement standards by FMCSA and the Canadian Provinces. The meeting is being held in connection with the Commercial Vehicle Safety Alliance (CVSA)'s 2006 Annual Conference.