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

The Federal Motor Carrier Safety Administration's (FMCSA) final rule revising 49 CFR part 386, ``Rules of Practice for Motor Carrier, Broker, Freight Forwarder, and Hazardous Materials Proceedings'' (Rules of Practice), published on May 18, 2005, became effective on November 14, 2005. As revised, the Rules of Practice permit a respondent in a civil penalty proceeding to request an informal hearing as an alternative to either a request for a formal hearing or a request to submit written evidence without a hearing. The Rules of Practice, however, do not prescribe specific procedures for conducting informal hearings. As the informal hearing process is a new alternative for motor carriers, FMCSA will implement this alternative in two phases. This approach allows FMCSA to carefully evaluate and refine, as necessary, how the informal hearing process is conducted. During the first phase of implementation, FMCSA will only consider requests for an informal hearing from respondents with a principal place of business within the FMCSA Midwest Service Center's geographical area. The Midwest Service Center's geographical area encompasses the States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, Ohio and Wisconsin. The second phase, nationwide implementation, will begin within one year of the effective date of the Rules of Practice. FMCSA will publish a notice of its nationwide implementation in the Federal Register. FMCSA will consider any request for an informal hearing received by FMCSA before the publication date of this notice during the first phase of implementation, regardless of the location of respondent's principal place of business. When an informal hearing request is granted, the hearing officer will provide written information to each respondent about the procedures that will govern the hearing.

FMCSA announces its decision to exempt 17 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSR). 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).

In accordance with the Paperwork Reduction Act of 1995, this notice announces FMCSA's plan to submit the Information Collection Request (ICR) abstracted below to the Office of Management and Budget (OMB) for approval and comment. The ICR is related to Commercial Driver's License (CDL) policies and practices among the 50 States and the District of Columbia (referred to as the 51 jurisdictions). On October 26, 2005, the agency published a Federal Register notice with a 60-day comment period to solicit the public's views on the information collection pertaining to this subject. Ten comments were received.

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. The ICR describes a currently approved information collection activity and its expected cost and burden. On October 19, 2005, FMCSA published a Federal Register notice allowing for a 60-day comment period on the ICR. No comments were received.

FMCSA announces receipt of applications from 19 individuals for 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 Federal vision standard.

FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 6 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.

This document announces the availability of grant funding under the FY2006 Border Enforcement Grant (BEG) program as specified in Section 4110 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy For Users (SAFETEA-LU). Section 4110 establishes a BEG program. The program is a discretionary grant program funded by a single source. It provides funding for carrying out 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.

FMCSA announces its decision to exempt 22 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).

FMCSA invites public comment on its intent to request approval from the Office of Management and Budget (OMB) to renew two information collections entitled, ``The Annual Report of Class I and Class II Motor Carriers of Property (Form M)'' and ``The Quarterly Report of Class I Motor Carriers of Property (Form QFR).'' These information collections are necessary to ensure that motor carriers comply with FMCSA's financial and operating statistics (F&OS) program requirements. This notice is required by the Paperwork Reduction Act of 1995.

The FMCSA, Office of Research and Analysis (R&A), will host a forum on FMCSA Safety and Security Accomplishments, in conjunction with the Transportation Research Board's (TRB) 85th Annual Meeting. The forum is designed to provide insight on safety and security research, technology and analysis accomplishments that support FMCSA's mission to reduce the number and severity of commercial motor vehicle (CMV) crashes and fatalities and enhance efficiency of CMV operations. The forum topics will include a conference report on the 2005 International Conference on Fatigue Management in Transportation Operations; updated FMCSA activities in the hazardous materials area; and accomplishments to date on medical qualifications, driver health and medical reporting initiatives. Panelists will also cover the latest results of the Large Truck Crash Causation Study; a report on public input on FMCSA's notice requesting information on its Wireless Inspection Program; results of the field operational test on Lane Departure Warning Systems and Deployment of On-Board Safety Systems; and what progress has been made on improving Data Quality. A portion of the forum will be set aside for attendees to dialogue with FMCSA subject-matter experts through an open question and answer session.

FMCSA announces its 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.