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

Qualification of Drivers; Exemption Applications; Vision
Document Number: 2013-20590
Type: Notice
Date: 2013-08-23
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 69 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.
Unified Registration System
Document Number: 2013-20446
Type: Rule
Date: 2013-08-23
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA amends its regulations to require interstate motor carriers, freight forwarders, brokers, intermodal equipment providers (IEPs), hazardous materials safety permit (HMSP) applicants, and cargo tank facilities under FMCSA jurisdiction to submit required registration and biennial update information to the Agency via a new electronic on-line Unified Registration System (URS). FMCSA establishes fees for the registration system, discloses the cumulative information to be collected in the URS, and provides a centralized cross-reference to existing safety and commercial regulations necessary for compliance with the registration requirements. The final rule implements statutory provisions in the ICC Termination Act of 1995 (ICCTA) and the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, 2005 (SAFETEA-LU). The URS will streamline the registration process and serve as a clearinghouse and depository of information on, and identification of, motor carriers, brokers, freight forwarders, IEPs, HMSP applicants, and cargo tank facilities required to register with FMCSA.
Transfers of Operating Authority Registration
Document Number: 2013-20443
Type: Rule
Date: 2013-08-23
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA provides notice concerning the Agency's new process and legal interpretation for recording transfers of operating authority registration by non-exempt for-hire motor carriers, property brokers and freight forwarders.
Motor Carrier Safety Advisory Committee (MCSAC) and Medical Review Board (MRB): Public Meetings
Document Number: 2013-20451
Type: Notice
Date: 2013-08-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces a joint meeting of its Motor Carrier Safety Advisory Committee (MCSAC) and Medical Review Board (MRB) on September 9-10, 2013. MCSAC and the MRB will identify ideas and concepts the Agency should consider in reviewing the current hours of service requirements for drivers of passenger-carrying vehicles. This will enable MCSAC to complete its deliberations on Task 11-6 concerning hours-of-service (HOS) requirements for drivers of passenger-carrying vehicles. The committees will receive briefings on fatigue research on motorcoach drivers, and the North American Fatigue Management Program. On the afternoon of September 10, the committees will receive briefings on Schedule II medications. On Wednesday, September 11, MCSAC's Compliance, Safety and Accountability (CSA) subcommittee will convene. Also on Wednesday, September 11, the MRB will meet separately to discuss ideas and concepts the Agency should consider for gathering additional information about Schedule II medications and their effect on CMV drivers' ability to operate safely. Meetings are open to the public for their entirety and there will be a public comment period at the end of each day.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2013-20009
Type: Notice
Date: 2013-08-19
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 19 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; Exemption Applications; Diabetes Mellitus
Document Number: 2013-20004
Type: Notice
Date: 2013-08-19
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 23 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; Exemption Applications; Diabetes Mellitus
Document Number: 2013-20014
Type: Notice
Date: 2013-08-16
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 24 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.
Commercial Driver's License Standards: Application for Exemption; Miami Nice Tours
Document Number: 2013-20011
Type: Notice
Date: 2013-08-16
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that Miami Nice Tours (Miami) has applied for an exemption from the commercial driver's license (CDL) provisions of part 383 of the Federal Motor Carrier Safety Regulations (FMCSRs) (49 CFR 350-399) for itself and 50 European drivers. Miami, a motor carrier, would employ the 50 European drivers to conduct approximately 87 motorcoach tours in the United States annually. Part 383 requires motorcoach drivers to hold a CDL issued by a U.S. State. While each driver is licensed to operate a motorcoach in his or her European country of residence, States do not issue CDLs to non-residents. Miami believes that these drivers are likely to achieve a level of safety that is equivalent to or greater than the level of safety that would be obtained if they held U.S. CDLs.
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Document Number: 2013-19610
Type: Notice
Date: 2013-08-13
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 5 individuals for an exemption 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 operate a commercial motor vehicle (CMV) from operating CMVs in interstate commerce. The regulation and the associated advisory criteria published in the Code of Federal Regulations as the ``Instructions for Performing and Recording Physical Examinations'' have resulted in numerous drivers being prohibited from operating CMVs in interstate commerce based on the fact that they have had one or more seizures and are taking anti- seizure medication, rather than an individual analysis of their circumstances by a qualified medical examiner. If granted, the exemptions would enable these individuals who have had one or more seizures and are taking anti-seizure medication to operate CMVs for 2 years in interstate commerce.
Hours of Service of Drivers of Commercial Motor Vehicles; Regulatory Guidance for Oilfield Exception
Document Number: 2013-19402
Type: Rule
Date: 2013-08-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA responds to the public comments to its June 5, 2012, notice of regulatory guidance concerning the hours-of-service requirements for oilfield operations, and the Agency announces its decision to retain the 2012 guidance. On June 5, 2012, FMCSA updated its April 4, 1997, regulatory guidance to explain the applicability of the ``Oilfield operations'' exceptions in 49 CFR 395.1(d) to the ``Hours of Service [HOS] of Drivers'' regulations, and requested comments on the additional language. FMCSA also held three ``listening sessions'' in Pennsylvania, Colorado, and Texas to accept public comments for the docket. Following a review of all comments, the Agency has determined that no further elaboration on the regulatory guidance is needed, at this time, and the Agency will continue to monitor the use of the two HOS oilfield exceptions in 49 CFR 395.1(d). The Agency also calls attention to 49 CFR part 381, which provides procedures for persons to apply for individual or class exemptions from certain regulations provided the exemption would achieve a level of safety that is equivalent to, or greater than, the level of safety that would be achieved absent the exemption. Therefore, motor carriers that believe the current oilfield operations exceptions do not provide sufficient relief for their operations should consider submitting an application for an exemption to the Agency describing an alternative that would ensure the requisite level of safety.
Hours of Service of Drivers: U.S. Department of Defense (DOD); Application for Exemption
Document Number: 2013-19396
Type: Notice
Date: 2013-08-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it has received an application from the U.S. Department of Defense (DOD) Military Surface Deployment and Distribution Command (SDDC) for an exemption from the minimum 30-minute rest break provision of the Agency's hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. The exemption would enable SDDC's contract motor carriers and their employee-drivers engaged in the transportation of weapons, munitions, and sensitive/classified cargo to have the same regulatory flexibility that Sec. 395.1(q) provides for drivers transporting explosives. The exempted drivers would be allowed to use 30 minutes or more of attendance time to meet the HOS rest break requirements, provided they do not perform any other work during the break. FMCSA requests public comment on SDDC's application for exemption.
Hours of Service of Drivers: National Pork Producers Council; Application for Exemption
Document Number: 2013-19387
Type: Notice
Date: 2013-08-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it has received an application from the National Pork Producers Council (NPPC) on behalf of its members and other agricultural organizations for an exemption from the 30-minute rest break provision of the Agency's hours-of-service (HOS) regulations for commercial motor vehicle (CMV) drivers. The exemption would enable all CMV drivers transporting livestock to operate without taking a 30- minute break during the work day if 8 hours have passed since the last off-duty period of at least 30 minutes. FMCSA considers the request to be on behalf of all motor carriers and drivers when transporting livestock. FMCSA requests public comment on the application for exemption.
Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report
Document Number: 2013-18981
Type: Proposed Rule
Date: 2013-08-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA proposes to rescind the requirement that commercial motor vehicle (CMV) drivers operating in interstate commerce, except drivers of passenger-carrying CMVs, submit, and motor carriers retain, driver-vehicle inspection reports when the driver has neither found nor been made aware of any vehicle defects or deficiencies. This proposed rule would remove a significant information collection burden without adversely impacting safety. This proposed rule responds in part to the President's January 2011 Regulatory Review and Reform initiative. Finally, this proposed rule harmonizes the pre- and post-trip inspection lists.
Parts and Accessories Necessary for Safe Operation; Application for an Exemption From Van Hool N.V. and Coach USA
Document Number: 2013-18919
Type: Notice
Date: 2013-08-06
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA requests public comment on an application for exemption from Van Hool N.V. and Coach USA (Van Hool/Coach USA) to allow the use of double deck motorcoaches constructed with a sleeper berth that has an exit that does not meet the minimum dimensional requirements specified in the Federal Motor Carrier Safety Regulations (FMCSRs). Section 393.76(c)(1) of the FMCSRs requires sleeper berths installed (1) on or after January 1, 1963 to have an exit that is a doorway or opening that is at least 18 inches high and 36 inches wide and (2) before January 1, 1963, to have sufficient area to contain an ellipse having a major axis of 24 inches and a minor axis of 16 inches. Because of the limited available locations to place the sleeper berth within the confines of the motorcoach, Van Hool/Coach USA is requesting an exemption that would allow the use of sleeper berths that comply with the pre-January 1, 1963, exit dimension requirements instead of the post-January 1, 1963, requirements. Van Hool/Coach USA believes that the reduced exit area of the sleeper berth will maintain a level of safety that is equivalent to or greater than the level of safety achieved without the exemption.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2013-18918
Type: Notice
Date: 2013-08-06
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.
Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors
Document Number: 2013-18916
Type: Notice
Date: 2013-08-05
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
Agency Information Collection Activities; New Information Collection Request: Commercial Motor Vehicle Marking Requirements
Document Number: 2013-18533
Type: Notice
Date: 2013-08-01
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. This ICR will enable FMCSA to document the burden associated with the marking regulations codified in 49 CFR 390.21, ``Marking of Self-Propelled CMVs and Intermodal Equipment.'' These regulations require marking of vehicles and intermodal equipment by motor carriers, freight forwarders and intermodal equipment providers (IEPs) engaging in interstate transportation. On April 11, 2013, FMCSA published a Federal Register notice (78 FR 21704) allowing for a 60-day comment period on this ICR. The FMCSA received no comments in response to this notice.