Federal Motor Carrier Safety Administration May 2013 – Federal Register Recent Federal Regulation Documents

Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2013-12913
Type: Notice
Date: 2013-05-31
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 24 individuals for exemption 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.
Hours of Service of Drivers: Trailways Companies Application for Exemption
Document Number: 2013-12908
Type: Notice
Date: 2013-05-31
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to grant Adirondack Trailways, Pine Hill Trailways, New York Trailways (``Trailways'') and all other regular-route passenger carriers and their drivers an exemption from the hours-of-service (HOS) record of duty status (RODS) requirement to enter a change in duty status on the daily log for breaks in driving time of 10 minutes or less, for the limited purpose of picking up or dropping off passengers, baggage, or small express packages. FMCSA extended the request to all regular-route passenger carriers and their drivers rather than limiting it to Trailways' drivers. The exemption will allow these drivers to perform their daily duties without having to record entries in the daily log for breaks in driving time of 10 minutes or less. Such activity will not be considered a change of duty status for the purposes of 49 CFR 395.8(c).
Hours of Service of Drivers: U.S. Department of Energy (DOE); Application for Exemption
Document Number: 2013-12907
Type: Notice
Date: 2013-05-31
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to grant the U.S. Department of Energy (DOE) an exemption from the minimum 30-minute rest break provision of the Agency's hours-of-service (HOS) regulations for commercial motor vehicle drivers. The exemption would enable DOE's contract motor carriers and their employee-drivers engaged in the transportation of security-sensitive radioactive materials to be treated similarly to drivers of shipments of explosives. The exempted drivers would be allowed to use 30 minutes or more of ``attendance time'' to meet the HOS rest break requirements providing they do not perform any other work during the break.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2013-12905
Type: Notice
Date: 2013-05-31
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 15 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 exemption renewals 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: 2013-12903
Type: Notice
Date: 2013-05-31
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 13 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 exemption renewals 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.
Motor Carrier Safety Advisory Committee (MCSAC); Public Meetings of the CSA and Motorcoach Subcommittees
Document Number: 2013-12693
Type: Notice
Date: 2013-05-29
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that the Motor Carrier Safety Advisory Committee's (MCSAC) Compliance, Safety, Accountability (CSA), and Motorcoach Hours of Service (HOS) subcommittees will meet from Monday- Thursday, June 17-20, 2013, in Arlington, VA. On Monday and Tuesday, June 17 and 18, the CSA subcommittee will meet to discuss ideas, concepts, and suggestions on FMCSA's CSA program. On Wednesday and Thursday, June 19 and 20, the Motorcoach HOS subcommittee will meet to complete its draft recommendations for the full MCSAC to consider on hours-of-service for motorcoach drivers. Both meetings are open to the public for their entirety and there will be a public comment period at the end of each day. Times and Dates: The meetings will be held Monday-Thursday, June 17-20, 2013, from 9 a.m. to 4 p.m., Eastern Daylight Time (E.D.T.). The meetings will be held at the National Training Center, 1310 N. Courthouse Road, Suite 600, Arlington, VA 22201. Copies of all MCSAC Task Statements and an agenda for the entire meeting will be made available in advance of the meeting at http:// mcsac.fmcsa.dot.gov.
Agency Information Collection Activities; Approval of a New Information Collection Request: Driver and Carrier Surveys Related to Electronic Onboard Recorders (EOBRs), and Potential Harassment Deriving From EOBR Use
Document Number: 2013-12564
Type: Notice
Date: 2013-05-28
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. The purpose of this new ICR is to broadly examine, by the collection of survey data, the issue of driver harassment and determine the extent to which Electronic Onboard Recorders (EOBRs) used to document drivers' hours of service (HOS) could be used by motor carriers or enforcement personnel to harass drivers or monitor driver productivity. The survey will collect information on the extent to which respondents believe that the use of EOBRs may result in coercion of drivers by motor carriers, shippers, receivers, and transportation intermediaries. The proposed surveys for drivers and carriers collect information related to issues of EOBR harassment of drivers by carriers. FMCSA plans to publish a supplemental notice of proposed rulemaking on EOBRs. Prior to the issuance of a final rule, FMCSA will consider the survey results.
Rescission of Quarterly Financial Reporting Requirements
Document Number: 2013-12339
Type: Proposed Rule
Date: 2013-05-24
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA proposes to eliminate the quarterly financial reporting requirements for certain for-hire motor carriers of property (Form QFR) and for-hire motor carriers of passengers (Form MP-1). This paperwork burden can be removed without an adverse impact on safety or the Agency[acute]s ability to maintain effective commercial regulatory oversight over the for-hire trucking and passenger-carrying industries.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2013-12357
Type: Notice
Date: 2013-05-23
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 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 exemption renewals 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.
Agency Information Collection Activities; Revision of a Currently Approved Collection: Driver Qualification Files
Document Number: 2013-12355
Type: Notice
Date: 2013-05-23
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) ``Driver Qualification (DQ) Files'' to the Office of Management and Budget (OMB) for its review and approval. Motor carriers must maintain a DQ file on each employee-driver and document therein that the individual meets the minimum qualification requirements for a driver of commercial motor vehicles (CMVs) in interstate commerce. The Agency's estimate of the number of drivers subject to these requirements has been revised to exclude any consideration of drivers and motor carriers operating exclusively in intrastate commerce. In addition, this revision request includes an updated estimate of the interstate drivers and an increase in the estimated annual burden hours for this ICR. The bulk of the increase in burden hours is the result of a more accurate Agency estimate of the number of job openings for CMV drivers offered each year. On March 5, 2013, FMCSA published a Federal Register notice allowing for a 60-day comment period on this ICR. The agency received five comments in response to that notice.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2013-11922
Type: Notice
Date: 2013-05-20
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 8 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. 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; Approval of a New Information Collection: Motorcoach Passenger Survey: Motorcoach Safety and Pre-Trip Safety Awareness and Emergency Preparedness Information
Document Number: 2013-11528
Type: Notice
Date: 2013-05-15
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 its review and approval, and invites public comment. An initial emergency request and 30-day notice was first published on October 18, 2011 for this ICR. The purpose of this information collection is to assess the current levels of voluntary compliance by motorcoach operators to provide pre-trip safety awareness and emergency preparedness information to passengers and to obtain passenger opinions of the implementation of the pre-trip program and any recommended improvements. This information, along with its conclusions, will be used to inform future initiatives, policies, and rules as appropriate; will be presented to the National Transportation Safety Board (NTSB) and Congress; and will contribute to the general literature regarding practices for improving motorcoach safety in the United States.
Medical Examiner's Certification Integration
Document Number: 2013-11080
Type: Proposed Rule
Date: 2013-05-10
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA proposes to require certified medical examiners (MEs) performing physical examinations on drivers of commercial motor vehicles (CMV) to use a newly developed Medical Examination Report (MER) Form, MCSA-5875, in place of the current MER Form and to use Form MCSA-5876 for the medical examiner's certificate (MEC). In addition, MEs would be required to report results of all completed commercial drivers' physical examinations (including the results of examinations where the driver was found not to be qualified) to FMCSA by close of business on the day of the examination. This would include all CMV drivers who are required to be medically certified to operate in interstate commerce, not only those who hold or apply for commercial learner's permits (CLP) or commercial driver's licenses (CDL). Reporting of this information would be accomplished, by completing a CMV Driver Medical Examination Results Form, MCSA-5850, via their individual password-protected National Registry web account. For holders of CDLs and CLPs, FMCSA also proposes to electronically transmit driver identification, examination results, and restriction information from the National Registry system to the State Driver Licensing Agencies (SDLAs). This includes those that have been voided by FMCSA because it finds that an ME has certified a driver who does not meet the physical certification standards. The Agency would also transmit medical variance information (exemptions, skills performance evaluation certificates and grandfathered exemptions) for all CMV drivers electronically to the SDLAs. Transmission of this information would allow authorized State and Federal enforcement officials to be able to view the most current and accurate information regarding the medical status of the CMV driver, all information on the MEC, and the medical variance information (as defined above) to include the issued and expiration dates.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2013-11066
Type: Notice
Date: 2013-05-09
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 25 individuals for exemption from the vision requirement in the Federal Motor Carrier Safety Regulations. They are unable to meet the vision requirement in one eye for various reasons. The exemptions will enable these individuals to operate commercial motor vehicles (CMVs) in interstate commerce without meeting the prescribed vision requirement in one eye. If granted, the exemptions would enable these individuals to qualify as drivers of commercial motor vehicles (CMVs) in interstate commerce.
Hours of Service (HOS) of Drivers; Application for Renewal and Expansion of American Pyrotechnics Association (APA) Exemption From the 14-Hour Rule During Independence Day Celebrations
Document Number: 2013-10737
Type: Notice
Date: 2013-05-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The American Pyrotechnics Association (APA) has requested a renewal of its exemption for 48 APA member-companies from FMCSA's regulation that drivers of commercial motor vehicles (CMVs) may not drive after the 14th hour after coming on duty, and the expansion of its exemption to 10 additional carriers. The APA was previously granted an exemption for 48 of the 58 APA member-companies during the Independence Day periods in 2011 and 2012. Like the other 48 member- companies that operated under the 2011-2012 exemption, the 10 additional member-companies would be subject to all of the terms and conditions of the exemption for the 2013-2014 periods. The exemption would apply solely to the operation of CMVs by these 58 APA-member companies in conjunction with staging fireworks shows celebrating Independence Day during the periods June 28-July 8, 2013, and June 28- July 8, 2014, inclusive. During these two periods, approximately 3,200 CMVs and drivers employed by these APA member-companies would be allowed to exclude off-duty and sleeper-berth time of any length from the calculation of the 14-hour driving window. These 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 on- duty limits. The APA maintains that the terms and conditions of the limited exemption would ensure a level of safety equivalent to, or greater than, the level of safety achieved without the exemption.
Gross Combination Weight Rating; Definition
Document Number: 2013-10735
Type: Proposed Rule
Date: 2013-05-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA proposes to revise the definition of ``gross combination weight rating'' (or GCWR) to clarify that a GCWR is the greater of: the GCWR specified by the manufacturer of the power unit, if displayed on the Federal Motor Vehicle Safety Standard (FMVSS) certification label required by the National Highway Traffic Safety Administration (NHTSA), or the sum of the gross vehicle weight ratings (GVWRs) or gross vehicle weights (GVWs) of the power unit and towed unit(s), or any combination thereof, that produces the highest value.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2013-10683
Type: Notice
Date: 2013-05-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 16 individuals for exemption 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.
Qualification of Drivers; Application for Exemptions; Hearing
Document Number: 2013-10668
Type: Notice
Date: 2013-05-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that 16 individuals have applied for a medical exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). In accordance with the statutory requirements concerning applications for exemptions, FMCSA requests public comments on these requests. The statute and implementing regulations concerning exemptions require that exemptions must provide an equivalent or greater level of safety than if they were not granted. If the Agency determines the exemptions would satisfy the statutory requirements and decides to grant theses requests after reviewing the public comments submitted in response to this notice, the exemptions would enable 16 individuals to operate CMVs in interstate commerce.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2013-10667
Type: Notice
Date: 2013-05-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 20 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.
Pilot Program on NAFTA Trucking Provisions
Document Number: 2013-10528
Type: Notice
Date: 2013-05-03
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA published a document in the Federal Register of April 24, 2013 concerning request for public comment on data and information concerning the Pre-Authorization Safety Audit (PASA) for RAM Trucking SA de CV (RAM) with U.S. Department of Transportation (USDOT) number 2063285. The notice is missing a date in Table 2, line one, column H.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2013-10526
Type: Notice
Date: 2013-05-03
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 19 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.
Hours of Service of Drivers: Application for Exemption; Timberdoodle Company
Document Number: 2013-10525
Type: Notice
Date: 2013-05-03
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that Timberdoodle Company (Timberdoodle) has applied for an exemption from a provision of the ``Hours of Service [HOS] of Drivers'' regulations (49 CFR part 395). Timberdoodle seeks exemption from section 395.3(b)(1) which prohibits drivers of commercial motor vehicles (CMVs) from driving after accumulating 60 hours on duty in a period of 7 days. Timberdoodle asks that its drivers be exempted from including on-duty time that is not driving time in this calculation. Timberdoodle states that CMV operations under its proposed rules are likely to achieve a level of safety equivalent to or greater than the level of safety as would be obtained in the absence of the exemption.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2013-10521
Type: Notice
Date: 2013-05-03
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 20 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 exemption renewals 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; Application for Exemptions; Hearing
Document Number: 2013-10516
Type: Notice
Date: 2013-05-03
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that 9 individuals have applied for a medical exemption from the hearing requirement in the Federal Motor Carrier Safety Regulations (FMCSRs). In accordance with the statutory requirements concerning applications for exemptions, FMCSA requests public comments on these requests. The statute and implementing regulations concerning exemptions require that exemptions must provide an equivalent or greater level of safety than if they were not granted. If the Agency determines the exemptions would satisfy the statutory requirements and decides to grant theses requests after reviewing the public comments submitted in response to this notice, the exemptions would enable 9 individuals to operate CMVs in interstate commerce.
Guidance on FMCSA's Publication: Your Rights and Responsibilities When You Move
Document Number: 2013-10276
Type: Notice
Date: 2013-05-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA provides a streamlined and more user-friendly version of its Your Rights and Responsibilities When You Move consumer protection publication. Household goods motor carriers (movers) and brokers may provide this document to individual shippers in lieu of the longer version currently in use.
Pilot Program on NAFTA Trucking Provisions
Document Number: 2013-10305
Type: Notice
Date: 2013-05-01
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces and requests public comment on data and information concerning the Pre-Authorization Safety Audit (PASA) for Servicio de Transporte Internacional y Local SA de CV (STIL) with U.S. Department of Transportation (USDOT) number 557341, which applied to participate in the Agency's long-haul pilot program to test and demonstrate the ability of Mexico-domiciled motor carriers to operate safely in the United States beyond the municipalities in the United States on the United States-Mexico international border or the commercial zones of such municipalities. This action is required by the ``U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007'' and all subsequent appropriations.