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

Medical Examiner's Certification Integration; Availability of Updated Privacy Impact Assessment
Document Number: 2014-12176
Type: Proposed Rule
Date: 2014-05-27
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces the availability of the Privacy Impact Assessment (PIA) for the Medical Examiner's Certification Integration notice of proposed rulemaking (NPRM) published on May 10, 2013. Due to technical errors, the PIA was not posted to the docket until July 4, 2013, just a few days prior to the end of the public comment period. In addition, the PIA was not posted to the Department of Transportation's (DOT's) Privacy Web site until December 11, 2013. In an effort to provide the public with as much information as possible regarding the National Registry and the Medical Examiner's Certification Integration rulemaking, we are announcing the availability of the updated PIA and requesting comments from the public. Comments must be limited to possible impact of the rules proposed in the NPRM on the protection of privacy of information used in determining the physical qualifications of drivers of commercial motor vehicles.
Hours of Service of Drivers: American Trucking Associations (ATA); Application for Exemption
Document Number: 2014-11957
Type: Notice
Date: 2014-05-23
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it has received an application from the ATA for an exemption from the 14-hour provision of the Agency's hours- of-service regulations to enable certain drivers to exclude waiting time at a natural gas or oil well site from their calculations of on- duty time. Currently, only specially trained drivers of commercial motor vehicles (CMVs) that are specially constructed to service oil and natural gas extraction sites may employ this provision. ATA proposes that FMCSA by a limited 2-year exemption that may be renewed, permit exclusion of such waiting time by drivers of CMVs who are exclusively engaged in servicing oil and natural gas extraction sites and have the opportunity to obtain rest while waiting at such sites. FMCSA requests public comment on ATA's application for exemption.
Agency Information Collection Activities; Revision of an Approved Information Collection Request: Commercial Driver Licensing and Test Standards
Document Number: 2014-11890
Type: Notice
Date: 2014-05-22
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 and renew an ICR entitled, ``Commercial Driver Licensing and Test Standards,'' due to an increase in the number of commercial driver's license records and the addition of one information collection item: ``Driver completion of knowledge and skills tests 49 CFR 384.201.'' This ICR is needed to ensure that drivers, motor carriers and the States are complying with notification and recordkeeping requirements for information related to testing, licensing, violations, convictions and disqualifications and that the information is accurate, complete and transmitted and recorded within certain time periods as required by the Commercial Motor Vehicle Safety Act of 1986 (CMVSA), as amended.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2014-11884
Type: Notice
Date: 2014-05-22
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 8 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: 2014-11883
Type: Notice
Date: 2014-05-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 66 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; Application for Exemptions; Hearing
Document Number: 2014-11878
Type: Notice
Date: 2014-05-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that 17 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 17 individuals to operate CMVs in interstate commerce.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2014-11877
Type: Notice
Date: 2014-05-22
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 82 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: 2014-11768
Type: Notice
Date: 2014-05-21
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 59 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.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2014-11255
Type: Notice
Date: 2014-05-16
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 75 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.
Electronic Logging Devices and Hours of Service Supporting Documents
Document Number: 2014-11244
Type: Proposed Rule
Date: 2014-05-16
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA extends the public comment period for the Agency's March 28, 2014, supplemental notice of proposed rulemaking (SNPRM) concerning the Electronic Logging Devices (ELD) and Hours of Service Supporting Documents rulemaking.
Qualification of Drivers; Exemption Applications; Diabetes Mellitus
Document Number: 2014-11242
Type: Notice
Date: 2014-05-16
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.
Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits
Document Number: 2014-10981
Type: Rule
Date: 2014-05-15
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA amends its Hazardous Materials Safety Permits rules to update the current incorporation by reference of the ``North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR Part 173.403.'' Currently the rules reference the April 1, 2013, edition of the out-of-service criteria and through this final rule, FMCSA incorporates the April 1, 2014, edition.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2014-11086
Type: Notice
Date: 2014-05-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 26 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: 2014-11082
Type: Notice
Date: 2014-05-14
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces its decision to exempt 50 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.
Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
Document Number: 2014-10982
Type: Notice
Date: 2014-05-13
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces receipt of applications from 13 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: Application of Illumination Fireworks, LLC and ACE Pyro LLC, for Exemption From the 14-Hour Rule During Independence Day Celebrations
Document Number: 2014-10978
Type: Notice
Date: 2014-05-13
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it has received an application from Illumination Fireworks, LLC and ACE Pyro, LLC (applicants) for a limited exemption from the requirement that drivers of commercial motor vehicles (CMVs) must not drive following the 14th hour after coming on duty. The exemption would apply solely to the operation of drivers of 50 CMVs employed by the applicants in conjunction with staging fireworks shows celebrating Independence Day during the periods June 28-July 8, 2014, and June 28-July 8, 2015, inclusive. During these two periods, the CMV drivers employed by the applicants would be allowed to exclude off-duty and sleeper-berth time of any length from the calculation of the 14 hours. 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 applicants maintain 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.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2014-10964
Type: Notice
Date: 2014-05-13
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 5 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.
Coercion of Commercial Motor Vehicle Drivers; Prohibition
Document Number: 2014-10722
Type: Proposed Rule
Date: 2014-05-13
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA proposes to adopt regulations that prohibit motor carriers, shippers, receivers, or transportation intermediaries from coercing drivers to operate commercial motor vehicles (CMVs) in violation of certain provisions of the Federal Motor Carrier Safety Regulations (FMCSRs)including drivers' hours-of-service limits and the commercial driver's license (CDL) regulations and associated drug and alcohol testing rulesor the Hazardous Materials Regulations (HMRs). In addition, the NPRM would prohibit anyone who operates a CMV in interstate commerce from coercing a driver to violate the commercial regulations. This NPRM includes procedures for drivers to report incidents of coercion to FMCSA, rules of practice the Agency would follow in response to allegations of coercion, and describes penalties that may be imposed on entities found to have coerced drivers. This proposed rulemaking is authorized by section 32911 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Motor Carrier Safety Act of 1984 (MCSA), as amended.
Hours of Service of Drivers: McKee Foods Transportation, LLC, Application for Exemption
Document Number: 2014-10825
Type: Notice
Date: 2014-05-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that it has received an application from McKee Foods Transportation, LLC (MFT) for an exemption from certain provisions of the Agency's hours-of-service (HOS) regulations. MFT proposes that its team drivers engaged in delivery and backhaul operations be granted an exemption from the HOS rules pertaining to use of a sleeper berth (SB). Current HOS rules require that all SB rest regimens include, in part, the regular use of a SB period for at least 8 hourscombined with a separate period of at least 2 hours, either in the SB, off-duty or some combination of bothto gain the equivalent of at least 10 consecutive hours off duty. MFT proposes that its team drivers be allowed to take the equivalent of 10 consecutive hours off duty by splitting SB time into two periods totaling 10 hours, provided neither of the two periods is less than 3 hours. FMCSA requests public comment on MFT's application for exemption.
Notice of Regulatory Guidance: Automatic On-Board Recording Devices
Document Number: 2014-10822
Type: Rule
Date: 2014-05-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA issues regulatory guidance on two issues involving roadside inspection of commercial motor vehicles (CMVs) equipped with automatic on-board recording devices (AOBRDs) to assist drivers with hours-of-service (HOS) recordkeeping and compliance. All prior Agency interpretations and regulatory guidance, including memoranda and letters, may no longer be relied upon to the extent they are inconsistent with this guidance.
Electronic Logging Devices and Hours of Service Supporting Documents; Evaluating the Potential Safety Benefits of Electronic Hours-of-Service Recorders
Document Number: 2014-10813
Type: Notice
Date: 2014-05-12
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
The Federal Motor Carrier Safety Administration (FMCSA) announces the availability of a new final report, ``Evaluating the Potential Safety Benefits of Electronic Hours-of-Service Recorders.'' The study quantitatively evaluated whether trucks equipped with Electronic Hours-of-Service Recorders (EHSRs) have a lower (or higher) crash and hours-of-service (HOS) violation rate than those without EHSRs. The safety benefits of EHSRs were quantitatively evaluated by comparing the crash risk for two exposure groups (i.e., EHSRs were considered to improve safety if the trucks with EHSRs showed a lower crash risk than trucks without EHSRs). For this project, EHSRs were defined as any device that electronically records drivers' HOS. The study is an effort to further quantify the safety benefits of electronic logging devices (ELDs) and provides results that are consistent with the Agency's estimates of safety benefits of an ELD mandate, as proposed on March 28, 2014. A copy of the report has been placed in the docket referenced at the beginning of this notice.
Qualification of Drivers; Exemption Applications; Vision
Document Number: 2014-10808
Type: Notice
Date: 2014-05-12
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.
Agency Information Collection Activities; Revision of a Currently-Approved Information Collection Request: Accident Recordkeeping Requirements
Document Number: 2014-10313
Type: Notice
Date: 2014-05-06
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 approval and invites public comment. FMCSA requests approval to revise the ICR entitled ``Accident Recordkeeping Requirements.'' This ICR relates to Agency requirements that motor carriers maintain a record of certain accidents involving commercial motor vehicles (CMVs). Motor carriers are not required to report this data to FMCSA, but must produce it upon inquiry by authorized Federal, State or local officials.
Motor Carrier Safety Advisory Committee (MCSAC) and Subcommittee: Public Meeting
Document Number: 2014-10032
Type: Notice
Date: 2014-05-02
Agency: Federal Motor Carrier Safety Administration, Department of Transportation
FMCSA announces that its Motor Carrier Safety Advisory Committee (MCSAC) will meet on Monday and Tuesday, May 19-20, 2014. The MCSAC will meet to discuss ideas and suggestions for changes to the minimum levels of financial responsibility requirements for interstate truck and bus operations. On Wednesday, May 21, 2014, MCSAC's Cross Border Subcommittee will convene. 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 meeting will be held Monday-Tuesday, May 19- 20, 2014, from 9 a.m. to 4:30 p.m., Eastern Daylight Time (EDT), at the Hilton Alexandria Old Town, 1767 King Street, Alexandria, VA 22314 in the Washington and Jefferson Rooms on the 2nd floor. On Wednesday, May 21, 2014, the Cross Border Subcommittee will meet at that same location from 9 a.m. to 2 p.m. Copies of the MCSAC Task Statement and an agenda for the entire meeting will be made available in advance of the meeting at https://mcsac.fmcsa.dot.gov.