Federal Motor Carrier Safety Administration April 2014 – Federal Register Recent Federal Regulation Documents

Electronic Documents and Signatures
Document Number: 2014-09376
Type: Proposed Rule
Date: 2014-04-28
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA proposes amendments to its regulations to allow the use of electronic records and signatures to satisfy FMCSA's regulatory requirements. The amendments would permit the use of electronic methods to sign, certify, generate, exchange or maintain records so long as the documents accurately reflect the information in the record and can be used for their intended purpose. This proposed rule would apply only to those documents that FMCSA's regulations obligate entities or individuals to retain; it would not apply to forms or other documents that must be submitted directly to FMCSA. This proposed rule responds in part to the President's January 2011 Regulatory Review and Reform initiative and would implement the Government Paperwork Elimination Act (GPEA) and the Electronic Signatures in Global and National Commerce Act (E-SIGN).
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Document Number: 2014-09447
Type: Notice
Date: 2014-04-25
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to grant requests from four individuals for exemptions from the regulatory requirement that interstate commercial motor vehicle (CMV) drivers have ``no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause loss of consciousness or any loss of ability to control a CMV.'' 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. The Agency concluded that granting exemptions for these CMV drivers will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions. FMCSA grants exemptions that will allow these four individuals to operate CMVs in interstate commerce for a 2-year period. The exemptions preempt State laws and regulations and may be renewed.
Commercial Driver's License Drug and Alcohol Clearinghouse
Document Number: 2014-09143
Type: Proposed Rule
Date: 2014-04-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA extends the public comment period for the Agency's February 20, 2014, notice of proposed rulemaking (NPRM) concerning the establishment of a Commercial Driver's License Drug and Alcohol Clearinghouse (Clearinghouse). On April 15, the Owner-Operator Independent Drivers Association, Inc. (OOIDA) petitioned the Agency for a 60-day extension of the comment period. The Agency extends the April 21, 2014, deadline for the submission of public comments to May 21, 2014.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2014-09110
Type: Notice
Date: 2014-04-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 71 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: Application for Renewal of Exemption
Document Number: 2014-09104
Type: Notice
Date: 2014-04-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to grant RockTenn's request for a renewal of its exemption from the hours-of-service (HOS) regulation that prohibits drivers from operating property-carrying commercial motor vehicles (CMVs) after the 14th hour after coming on duty. FMCSA renews this limited exemption for RockTenn's shipping department employees and occasional substitute commercial driver's license (CDL) holders who transport paper mill products short distances between its shipping and receiving locations on a public road. The exemption is restricted to a specific 275 foot route in Chattanooga, Tennessee. This exemption will allow these individuals to occasionally work up to 16 consecutive hours and be allowed to return to work with less than the mandatory 10 consecutive hours off duty.
Agency Information Collection Activities; Revision of an Approved Information Collection Request: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery
Document Number: 2014-08880
Type: Notice
Date: 2014-04-18
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 its review and approval and invites public comment. The FMCSA requests approval to revise an existing ICR titled, ``Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery,'' due to an increase in the annual cost to respondents. This ICR will allow for ongoing, collaborative and actionable communication between FMCSA and its customers and stakeholders. It will also allow feedback to contribute directly to the improvement of program management.
Agency Information Collection Activities; Revision of a Currently-Approved Information Collection Request: Request for Revocation of Authority Granted
Document Number: 2014-08879
Type: Notice
Date: 2014-04-18
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
In accordance with the Paperwork Reduction Act of 1995 (PRA), FMCSA announces its plan to submit to the Office of Management and Budget (OMB) its request to revise a currently-approved information collection request (ICR) entitled, ``Request for Revocation of Authority Granted,'' covered by OMB Control Number 2126-0018. This ICR covers a voluntary request by a motor carrier, freight forwarder, or property broker to amend or revoke its FMCSA registration of authority granted. It is being revised due to an anticipated decrease in the estimated annual number of filings and costs to the respondents. FMCSA will seek OMB's review and approval of this revised ICR and invites public comment on this request.
Agency Information Collection Activities; Approval of a New Information Collection Request: Motorcoach Passenger Survey: Motorcoach Safety and Pre-Trip Safety Awareness and Emergency Preparedness Information
Document Number: 2014-08872
Type: Notice
Date: 2014-04-18
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. The FMCSA requests approval of a new ICR titled, ``Motorcoach Passenger Survey: Motorcoach Safety and Pre-Trip Safety Awareness and Emergency Preparedness Information (OMB Control Number 2126-XXXX),'' to assess the current levels of voluntary compliance by motorcoach operators and to obtain passenger opinions of the implementation of pre-trip safety awareness and emergency preparedness information. On May 15, 2013, FMCSA published a Federal Register notice allowing for a 60-day comment period on the ICR. The Agency received no comments on the notice. In addition, on October 18, 2011, FMCSA published an initial emergency request and 30-day notice, and received no comments.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2014-08857
Type: Notice
Date: 2014-04-18
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 11 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: 2014-08854
Type: Notice
Date: 2014-04-18
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 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: 2014-08853
Type: Notice
Date: 2014-04-18
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 58 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.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2014-08847
Type: Notice
Date: 2014-04-18
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 25 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.
Unified Carrier Registration Plan Board of Directors; Request for Nominations
Document Number: 2014-08637
Type: Notice
Date: 2014-04-16
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The FMCSA solicits nominations and applications for appointment to the Board of Directors of the Unified Carrier Registration Plan (UCR Plan) of interested persons to serve as representatives of chief administrative officers of State agencies responsible for overseeing the Unified Carrier Registration Agreement (UCR Agreement). The Agency will appoint four members from such State agencies, one from each of FMCSA's four service areas. As authorized by 49 U.S.C. 14504a, the UCR Plan is responsible for the administration of the UCR Agreement. The UCR Agreement governs the registration and the collection and distribution of fees paid by for-hire and private motor carriers, brokers, freight forwarders, and leasing companies. The UCR Plan and Agreement replaced the Single State Registration System (SSRS), which was repealed as of January 1, 2008.
Motor Carrier Safety Advisory Committee (MCSAC); Public Meeting of the Compliance, Safety, Accountability Subcommittee
Document Number: 2014-08365
Type: Notice
Date: 2014-04-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that the Motor Carrier Safety Advisory Committee's (MCSAC) Compliance, Safety, Accountability (CSA) subcommittees will meet from April 29-30, 2014, in Arlington, VA. The CSA subcommittee will meet to discuss ideas, concepts, and suggestions on FMCSA's CSA program with the intent of preparing a letter report for submission to the full MCSAC in May 2014. The meeting is open to the public and there will be a public comment period at the end of each day. Times and Dates: The meeting will be held TuesdayWednesday, April 29-30, 2014, from 9 a.m. to 4 p.m., Eastern Daylight Time (E.D.T.). The meeting will be held at the Federal Highway Administration's National Highway Institute, 1310 N. Courthouse Road, Suite 300, Arlington, VA 22201. An agenda for the meeting will be made available in advance of the meeting at http://mcsac.fmcsa.dot.gov.
Pilot Program on NAFTA Trucking Provisions
Document Number: 2014-08064
Type: Notice
Date: 2014-04-10
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces the availability of and requests public comment on data and information about Importaciones y Distribuciones Latina America Gami SA de CV (IDLA), a new motor carrier that does not currently have a U.S. Department of Transportation (U.S.DOT) registration number. IDLA 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.
Rescission of Certain Emergency Exemptions
Document Number: 2014-08021
Type: Rule
Date: 2014-04-10
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA), after consultation with representatives of the governors of the affected States, rescinds certain covered emergency exemptions. The exemptions originally took effect automatically upon declaration of an emergency by various governors or FMCSA, and were extended by FMCSA after consultation with representatives of the governors. The President signed the ``Home Heating Emergency Assistance Through Transportation Act of 2014'' (HHEATT Act, or ``the Act'') on March 21, 2014. The Act extends until May 31, 2014, all ``covered emergency exemptions'' created between February 5, 2014, and March 21, 2014, to provide regulatory relief to commercial motor vehicle operators directly supporting the delivery of propane and other home heating fuels. In accordance with the Act, FMCSA has consulted with representatives of each of the governors to determine whether emergency circumstances still exist and has determined that certain covered emergency exemptions created under the HHEATT Act are no longer necessary and should be rescinded.
Hours of Service of Drivers: Timberdoodle Company's Application for Exemption
Document Number: 2014-07805
Type: Notice
Date: 2014-04-08
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its denial of Timberdoodle Company's (Timberdoodle) request for an exemption from section 395.3(b)(1) of the ``Hours of Service [HOS] of Drivers'' regulations (49 CFR part 395). Section 395.3(b)(1) prohibits the operation of a commercial motor vehicle (CMV) by anyone who has accumulated 60 hours of on-duty time in a period of 7 days. Timberdoodle requested that its drivers be allowed to exclude from this calculation all on-duty time other than time actually driving a CMV. FMCSA concluded that Timberdoodle has not demonstrated how its CMV operations under such an exemption would be likely to achieve a level of safety equivalent to or greater than the level of safety that would be obtained in the absence of the exemption.
Commercial Driver's License: Commonwealth of Virginia, Department of Motor Vehicles; Application for Exemption
Document Number: 2014-07695
Type: Notice
Date: 2014-04-07
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it has received an application from the Commonwealth of Virginia Department of Motor Vehicles (Virginia DMV) for a limited exemption from the Agency's commercial driver's license (CDL) regulation. Section 383.77(b)(1) allows a State to waive the CDL skills test described in 49 CFR 383.113 for applicants regularly employed or previously employed within the last 90 days in a military position requiring operation of a commercial motor vehicle (CMV). Virginia DMV proposes that it be allowed to extend the 90-day timeline to one year following the driver's separation from military service. Virginia DMV believes the 90-day timeframe is too short to take advantage of the waiver for many of the qualified discharged veterans reentering and settling into civilian life. FMCSA requests public comment on Virginia DMV's application for exemption. In addition, because the issues concerning the Virginia DMV request could be applicable in each of the States, FMCSA requests public comment whether the exemption, if granted, should cover all State Driver's Licensing Agencies (SDLAs).
Agency Information Collection Activities; Revision of a Currently Approved Information Collection Request: Hazardous Materials Safety Permits
Document Number: 2014-07690
Type: Notice
Date: 2014-04-07
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 FMCSA requests approval to revise and extend an ICR entitled, ``Hazardous Materials Safety Permits.'' This ICR requires companies holding permits to develop communications plans that allow for the periodic tracking of the shipments. A record of the communications that includes the time of the call and location of the shipment may be kept by either the driver (e.g., recorded in the log book) or the company. The motor carrier or driver must maintain a record of the communications for at least six months after the initial acceptance of a shipment of hazardous material for which a safety permit is required.
Qualification of Drivers; Application for Exemptions; Hearing
Document Number: 2014-07205
Type: Notice
Date: 2014-04-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that 4 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 4 individuals to operate CMVs in interstate commerce.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2014-07219
Type: Notice
Date: 2014-04-01
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 24 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: 2014-07216
Type: Notice
Date: 2014-04-01
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 6 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: 2014-07215
Type: Notice
Date: 2014-04-01
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 66 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.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2014-07213
Type: Notice
Date: 2014-04-01
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 59 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: 2014-07209
Type: Notice
Date: 2014-04-01
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 40 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.