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FINAL RULES

TITLE: Sanctions Against Motor Carriers, Brokers, and Freight Forwarders for Failure To Pay Civil Penalties; Final rule; 49 CFR parts 385 and 386; published: 12/15/2000; Effective Date: 04/16/2001; [Docket No. FMCSA-00-7332]; 65 FR 78422.

SUMMARY: The FMCSA implements section 206 of the Motor Carrier Safety Improvement Act of 1999 (MCSIA) by amending the penalty provisions of the rules of practice of the Federal Motor Carrier Safety Regulations (FMCSRs). This action prohibits a motor carrier that does not pay civil penalties assessed by the FMCSA, or that does not arrange and abide by its payment agreements, from operating in interstate commerce. The rule also suspends the registration of a broker, freight forwarder or for- hire motor carrier that has not paid a civil penalty, or arranged and abided by a payment plan. The prohibition or suspension begins on the 91st day after the payment date specified in the final agency order or on the 91st day after the due date of a missed payment arranged in a payment plan. A party that continues to operate in violation of a prohibition or suspension may be subject to additional penalties. However, it will not apply to anyone who is unable to pay a civil penalty because the person is a debtor in a case under chapter 11 of the Bankruptcy Code.

TITLE: Motor Carrier Identification Report; Interim final rule; published: 11/24/2000; Effective Date: 12/26/2000; Comment period ends: 1/23/2001; [Docket No. FMCSA-2000-8209]; 65 FR 70509.

SUMMARY: The FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to revise the requirements for filing the Motor Carrier Identification Report (MCS-150). A motor carrier is currently required to file this report before it begins to operate. As a result of this Interim final rule (IFR), the FMCSA will require each motor carrier to file an update of the report every 24 months. A motor carrier that submits similar information to a State as part of its annual vehicle registration requirement under the Performance and Registration Information Systems Management (PRISM) program will be in compliance if it files it with the appropriate State commercial motor vehicle (CMV) registration office. Section 217 of the Motor Carrier Safety Improvement Act of 1999 requires periodic updating, not more often than once every two years, of the motor carrier identification report filed by each motor carrier operating in interstate or foreign commerce.

TITLE: Parts and Accessories Necessary for Safe Operation; Manufactured Home Tires; Final rule; 49 CFR part 393; published: 11/21/2000; Effective Date: 11/14/2000; [Docket No. FMCSA-97-2341]; 65 FR 70215.

SUMMARY: The FMCSA delays the termination date of the rule allowing the overloading of certain tires. Currently, tires used for the transportation of manufactured homes may be loaded up to 18 percent over the load rating marked on the sidewall of the tires, or in the absence of such a marking, 18 percent above the load rating specified in publications of certain organizations specializing in tires. The regulatory language allowing this overloading is scheduled to expire November 20, 2000, unless extended by mutual consent of the FMCSA and the Department of Housing and Urban Development (HUD). The delay of the termination date will enable motor carriers transporting manufactured homes to continue loading tires up to 18 percent above the load rating until December 31, 2001. In a separate document published elsewhere in today's Federal Register, HUD is taking the necessary action to delay its requirements for builders of manufactured homes. This action is in response to a petition for rulemaking from the Manufactured Housing Institute (MHI).

SUMMARY: This document updates and simplifies the medical examination form that is currently used to determine the physical qualification of commercial motor vehicle (CMV) drivers operating in interstate commerce. The FMCSA takes this action in response to numerous requests from medical examiners to update and simplify the medical examination form that is currently used. This action is intended to reduce the incidence of errors on such forms and to provide more uniform medical examinations of CMV drivers engaged in interstate commerce. The current Federal physical qualification standards tested by medical examiners and recorded on the form will not be revised in this rulemaking.

 TITLE: Transportation of Household Goods in Interstate or Foreign Commerce; Rules of Practice for Motor Carrier Safety and Hazardous Materials Proceedings; Final rule; technical amendments;49 CFR parts 375 and 386; published: 10/02/2000; Effective Date: 11/01/2000; 65FR58663.

SUMMARY: This document implements sections 208 and 209 of the Motor Carrier Safety Improvement Act (MCSIA) of 1999 by amending 49 CFR parts 386 and 375, respectively. Section 208 revised the definition of an imminent hazard in 49 U.S.C. 521(b)(5)(B), and section 209 amended the definition of household goods in 49 U.S.C. 13102(10). Other technical changes are also being made to part 386, as explained below.

TITLE: Safety Fitness Procedures; 49 CFR Part 385; Final rule; published: 08/22/2000; Effective Date: 11/20/2000; [Docket No. FMCSA-99-5467 (Formerly Docket No. FHWA-99-5467)]; 65 FR 50919

SUMMARY: The FMCSA is implementing section 4009 of the Transportation Equity Act for the 21st Century (TEA-21) by amending the safety fitness procedures of the Federal Motor Carrier Safety Regulations. This action prohibits all motor carriers found to be unfit from operating commercial motor vehicles (CMVs) in interstate commerce. The FMCSA will treat an unsatisfactory safety rating as a determination of unfitness.

TITLE: Organization and Delegation of Powers and Duties; Delegation to the Administrators of the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration; 49 CFR Part 1; Final rule; published: 07/03/2000; Effective Date: 07/03/2000; [Docket No. OST-2000-7581]; 65 FR 41014

SUMMARY: Section 101(f) of the Motor Carrier Safety Improvement Act of 1999 provides that the authority under title 49, United States Code, to promulgate safety standards for commercial motor vehicles and equipment subsequent to initial manufacture is vested in the Secretary and may be delegated. Accordingly, by this action, the Secretary delegates to the Administrator of the National Highway Traffic Safety Administration the authority to promulgate safety standards for commercial motor vehicles and equipment subsequent to initial manufacture when the standards are based upon and similar to a Federal Motor Vehicle Safety Standard (FMVSS) promulgated under chapter 301 of title 49, U.S.C. The Administrator may promulgate a standard simultaneously with the FMVSS on which it is based. The authority to promulgate safety standards for commercial motor vehicles and equipment subsequent to initial manufacture is delegated to the Administrator of the Federal Motor Carrier Safety Administration when the standards are not based upon and similar to an FMVSS promulgated under chapter 301 of title 49, U.S.C.

TITLE: Federal Motor Carrier Safety Regulations; General; Commercial Motor Vehicle Marking; Final rule; 49 CFR Parts 385 and 390; published 06/02/2000; Effectice Date: 07/03/2000; [Docket No. FMCSA-98-3947 (Formerly Docket No. FHWA-98-3947)]; 65FR35287.

SUMMARY: The FMCSA is revising its requirements concerning the marking of commercial motor vehicles (CMVs) and for the submission of a Motor Carrier Identification Report (Form MCS-150) to the agency. The FMCSA is eliminating the marking regulations of the former Interstate Commerce Commission (ICC), and requiring motor carriers to apply markings that conform to the requirements of this final rule. The agency is also amending its marking requirements to require that CMVs be marked with the legal name of the business entity that owns or controls the motor carrier operation, or the ``doing business as'' (DBA) name, as it appears on the Form MCS-150. Motor carriers will be allowed two years to comply with the requirement to affix the USDOT number to both sides of their CMVs, and five years to comply with the additional requirements to display the legal name or a single trade name on the CMVs currently in their fleet. The FMCSA is redesignating the regulation that requires motor carriers to submit the Form MCS-150, and requiring that all new interstate motor carriers submit a Form MCS- 150 to the FMCSA before (rather than within 90 days after) commencing operations. These revisions are intended to enhance the ability of the FMCSA, the States, and the general public to identify motor carriers. The FMCSA also revises the listing for locations of motor carrier safety Service Centers to reflect recent changes to the agency organizational structure. They were originally included in the NPRM concerning safety fitness procedures [RIN 2126-AA42, formerly RIN 2125- AE56, Docket No. OMCS-99-5467 (formerly Docket No. FHWA-99-5467)] (64 FR 44460, August 16, 1999).

TITLE: Federal Motor Carrier Safety Regulations; Technical Amendments; Final rule; technical amendment; 49 CFR part 391; published: 05/01/2000; Effective Date: 05/01/2000; 65 FR 25285.

SUMMARY: This document makes technical amendments to the Federal Motor Carrier Safety Regulations (FMCSRs) to update the rules concerning qualifications of drivers who have loss or impairment of limbs by changing the designated official who authorizes and signs the skill performance evaluation (SPE) certificate for such drivers, and to remove the reference to ``waiver.'' These amendments are necessitated by an agency organizational restructuring and by changes in the statute. The effect of these amendments is to update the regulations regarding the standards for evaluating requests for SPE certificates.

TITLE: Motor Carrier Safety Assistance Program (MCSAP); Final rule; 49 CFR parts 350 and 355; published: 03/21/2000; Effective Date: 04/21/2000; [FMCSA Docket 98-4878]; 65FR15092.

SUMMARY: The FMCSA is revising the Motor Carrier Safety Assistance Program (MCSAP) to comply with the congressionally-mandated provisions of the Transportation Equity Act for the 21^st Century (TEA-21). This action broadens the scope of the MCSAP beyond enforcement activities and programs by requiring participating States to assume greater responsibility for improving motor carrier safety. These rules will now require States to develop performance-based plans reflecting national priorities and performance goals, revise the MCSAP funding distribution formula, and create a new incentive funding program. The rules provide States greater flexibility in designing programs to address national and State goals for reducing the number and severity of commercial motor vehicle (CMV) accidents. This action also includes conforming amendments to the regulations on compatibility of State laws and regulations affecting interstate motor carrier operations.

TITLE: Organization and Delegation of Powers and Duties; Delegation to the Administrator, Federal Motor Carrier Safety Administration; Final rule; 49 CFR Part 1; published: 01/04/2000; Effective Date: 01/01/2000; [Docket No. OST-2000-6681]; 65 FR 220.

SUMMARY: A new administration, the Federal Motor Carrier Safety Administration, was established within the United States Department of Transportation pursuant to the Motor Carrier Safety Improvement Act of 1999 [Public Law No. 106-159, 113 Stat. 1748 (December 9, 1999)]. Pursuant to the statute, the effective date of the new administration is January 1, 2000. Accordingly, by this action, the Secretary delegates to the Administrator, Federal Motor Carrier Safety Administration, functions required for the operation of this new agency.

TITLE: Safety Fitness Procedures; Safety Fitness Rating Methodology; Final rule; 49 CFR part 385; published: 03/07/2000; Effective Date: 03/07/2000; [Docket No. FMCSA-6789 (Formerly FHWA 97-2252)]; 65FR11904.

SUMMARY: This document amends the Safety Fitness Rating Methodology (SFRM) in appendix B to 49 CFR part 385 by updating the list of acute and critical regulations to conform to several regulatory removals and substantive amendments. As a result of earlier rulemaking, several of the citations in the list must be changed to reflect the amendments and revisions to the Federal Motor Carrier Safety Regulations (FMCSRs). The SFRM is used to measure the safety fitness of motor carriers against the safety fitness standard in 49 CFR part 385.

TITLE: Rules of Practice for Motor Carrier Proceedings; Violations of Commercial Regulations; Final rule; 49 CFR part 386; published: 02/16/2000; Effective Date: 03/17/2000; [Docket No. FMCSA-99-6438 (Formerly FHWA Docket No. FHWA-97-2299; MC- 96-18)]; 65FR7753.

SUMMARY: The FMCSA is amending its rules of practice for motor carrier administrative proceedings to include proceedings arising under the ICC Termination Act of 1995 (ICCTA). These proceedings formerly fell within the jurisdiction of the Interstate Commerce Commission (ICC) and were implemented and administered under ICC regulations. The ICCTA transferred much of the ICC's motor carrier jurisdiction to the Secretary of Transportation (Secretary), who delegated it to the Federal Highway Administration (FHWA), effective January 1, 1996, and redelegated it to the Office of Motor Carrier Safety (OMCS), effective October 9, 1999. This jurisdiction was again redelegated to the FMCSA, effective January 1, 2000. However, the FMCSA's rules of practice for motor carrier administrative proceedings apply only to proceedings involving violations of the Federal Motor Carrier Safety and Hazardous Materials regulations. This final rule ensures that all civil forfeiture and investigation proceedings instituted by the FMCSA are governed by uniform and consistent procedures. The FMCSA is also making technical amendments to reflect recent organizational changes, remove obsolete statutory citations, and incorporate recent statutory changes affecting the civil penalty schedule.

PROPOSED RULES

TITLE: Development of a North American Standard for Protection Against Shifting and Falling Cargo; Notice of proposed rulemaking (NPRM); request for comments; 49 CFR parts 392 and 393; published: 12/18/2000; Comment period ends: 03/19/2001; [Docket No. FMCSA-97-2289]; 65 FR 79050.

SUMMARY: The FMCSA proposes to revise the regulations concerning protection against shifting and falling cargo for commercial motor vehicles (CMVs) engaged in interstate commerce. We would issue new cargo securement standards based on the North American Cargo Securement Standard Model Regulations, reflecting: The results of a multi-year comprehensive research program to evaluate current U.S. and Canadian cargo securement regulations; the motor carrier industry's best practices; and recommendations presented during a series of public meetings involving U.S. and Canadian industry experts, Federal, State and Provincial enforcement officials, and other interested parties. Generally, the proposed revision would require motor carriers to change the way they use cargo securement devices to prevent certain articles from shifting on or within, or falling from CMVs. In some instances, the proposed changes could require motor carriers to increase the number of tiedown devices used to secure certain types of cargoes. The intent of this rulemaking is to reduce the number of accidents caused by cargo shifting on or within, or falling from, CMVs operating in interstate commerce, and to harmonize to the greatest extent practicable U.S., Canadian, and Mexican cargo securement regulations.

SUMMARY: The FHWA is considering changes in Federal regulations affecting State certification of commercial motor vehicle size and weight enforcement. Public comment is requested on the type of information and data that States should be required to submit to the FHWA in support of their annual certification of size and weight enforcement. This can include, but is not limited to: Specific relevant data elements; program approaches that may affect detection and assessment of vehicle weight violations; and the technologies and logistics of data collection. Previous efforts in this area were suspended by the FHWA as a result of the agency's decision to conduct a comprehensive study of all aspects of the truck size and weight issue and the need to devote significant resources to that effort. With the study nearing completion, the agency is resuming work on revising the certification process.

TITLE: Sanctions Against Motor Carriers, Brokers, and Freight Forwarders for Failure to Pay Civil Penalties ; Notice of proposed rulemaking; request for comments (NPRM); 49 CFR parts 385 and 386; published: 09/19/2000; Comments due by: 10/19/2000; [Docket No. FMCSA-00-7332]; 65FR56521.

SUMMARY: The FMCSA proposes to implement section 206 of the Motor Carrier Safety Improvement Act of 1999 (MCSIA) by amending the penalty provisions of the rules of practice of the Federal Motor Carrier Safety Regulations (FMCSRs). This action would prohibit a motor carrier that does not pay civil penalties assessed by the FMCSA, or that does not arrange and abide by its payment agreements, from operating in interstate commerce. Furthermore, the registration of a broker, freight forwarder, or for-hire motor carrier that fails to pay a civil penalty would be suspended. The prohibition would begin on the 91st day after the payment date specified in the final agency order or on the 91st day after the due date of a missed payment arranged in a payment plan. Motor carriers that continue to operate would be subject to additional penalties, including revocation of their registrations. However, the prohibition would not apply to anyone who is unable to pay a civil penalty because the person is a debtor in a case under chapter 11 of the Bankruptcy Code.

TITLE: Hours of Service of Drivers; Driver Rest and Sleep for Safe Operations; Proposed rule; roundtable meetings and extension of comment period; 49 CFR Parts 350, 390, 394, 395, and 398; Published 08/15/2000; [Docket No. FMCSA-97-2350]; 65FR49780

SUMMARY: The FMCSA announces it is holding three public roundtables, each focusing on specific topics identified in the comment process on the proposed revisions to its hours-of-service (HOS) regulations. The format for the roundtables is two-day sessions designed to elicit in-depth discussion and exchange of supporting data. The FMCSA will invite representatives of stakeholders in the HOS rulemaking and other partners to sit at the roundtable. The public also is invited to attend and participate. The FMCSA considers the roundtable process as the next important step in gathering useful comment on its HOS proposal. A transcript of each roundtable will be placed in the rulemaking docket. To allow the public to review the transcripts, the public comment period for the rulemaking is extended until December 15, 2000.

TITLE: Brake Performance Requirements for Commercial Motor Vehicles Inspected by Performance-Based Brake Testers; Notice of proposed rulemaking; request for comments; 49 CFR Part 393; Published: 08/09/20000; Comments due by: 10/10/2000; [Docket No. FMCSA-99-6266]; 65FR48660.

SUMMARY: The FMCSA is proposing to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to establish pass/fail criteria for use with performance based brake testers (PBBTs), which measure the braking performance of commercial motor vehicles (CMVs). A PBBT is a device that can assess vehicle braking capability through quantitative measure of individual wheel brake forces or overall vehicle brake performance in a controlled test. The specific types of PBBTs addressed in this notice are the roller dynamometer, breakaway torque tester, and flat- plate tester. Only those PBBTs which meet certain functional specifications developed by FMCSA, and published elsewhere in today's Federal Register, could be used to enforce the FMCSRs. The proposal would allow State and local enforcement officials to issue citations based on PBBT braking force measurements.

TITLE: Hours of Service of Drivers; Driver Rest and Sleep for Safe Operations; Correction; Proposed Rule; Proposed rule; Correction; 49 CFR Parts 350, 390, 394, 395, and 398; published: 05/31/2000; 65FR34903.

SUMMARY: This document corrects the preamble to a proposed rule published in the Federal Register of May 2, 2000, regarding Hours of Service of Drivers and Driver Rest and Sleep for Safe Operations. This correction removes a statement included by error that the proposed rule would not have a significant economic impact on a substantial number of small entities. As we stated in the proposed rule, the FMCSA does not know with certainty the full economic impact of the proposal and therefore withdraws its negative certification.

TITLE: Hours of Service of Drivers; Driver Rest and Sleep for Safe Operations; Proposed Rule; Notice of proposed rulemaking (NPRM); request for comments; 49 CFR parts 350, 390, 394, 395, and 398; published 05/02/2000; Comment period ends: 07/31/2000; [Docket No. FMCSA-97-2350; formerly FHWA-97-2350 and MC-96-28]; 65 FR 25539.

SUMMARY: The FMCSA is proposing to revise its hours-of-service (HOS) regulations to require motor carriers to provide drivers with better opportunities to obtain sleep, and thereby reduce the risk of drivers operating commercial motor vehicles (CMVs) while drowsy, tired, or fatigued to reduce crashes involving these drivers. This action is necessary because the FMCSA estimates that 755 fatalities and 19,705 injuries occur each year on the Nation's roads because of drowsy, tired, or fatigued CMV drivers. The regulations proposed in this document would:

First, revert to a 24-hour daily cycle, and a 7-day weekly cycle.

Second, adjust the work-rest requirements for various types of operations.

Third, emphasize rest. Require for long-haul and regional drivers a period of 10 consecutive hours off duty within each 24-hour cycle, and two hours of additional time off in each 14-hour work period within each 24-hour cycle.

Fourth, require weekends, or their functional equivalent, to include at a minimum a rest period that includes two consecutive periods from 11:00 p.m. to 7:00 a.m.

Fifth, require the use of electronic on-board recorders (EOBRs) in CMVs used by drivers in long-haul and regional operations.

NOTICES - GENERAL

TITLE: Qualification of Drivers; Exemption Applications; Vision; Notice of applications for exemption from the vision standard; request for comments; published: 12/14/2000; Comment period ends: 01/16/2001; [Docket No. FMCSA-2000-8398]; 65 FR 78256.

SUMMARY: This notice announces the FMCSA's receipt of applications from 35 individuals for an exemption from the vision requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). If we grant the request, the individual will qualify as a driver of commercial motor vehicles (CMVs) in interstate commerce without meeting the vision standard prescribed in 49 CFR 391.41(b)(10).

TITLE: Qualification of Drivers; Exemption Applications; Vision; Notice of denials; published: 12/11/2000; 65 FR 77473.

SUMMARY: The FMCSA is publishing the names of persons denied exemptions from the vision standard in 49 CFR 391.41(b)(10) and the reasons for the denials.

TITLE: Qualification of Drivers; Exemption Applications; Vision; Notice of renewal of exemption; request for comments; published: 12/08/2000; Effective Date: 12/08/2000; Comment period ends: 01/08/2001; [Docket No. FMCSA-2000-8203]; 65 FR 77069.

SUMMARY: This notice announces the FMCSA's decision to renew the exemptions from the vision requirement in 49 CFR 391.41(b)(10), for two individuals.

TITLE: Qualification of Drivers; Exemption Applications; Vision; Notice of final disposition; published 12/08/2000; Effective Date: 12/08/2000; [Docket No. FMCSA-2000-7363]; 65 FR 77066.

SUMMARY: The FMCSA announces its decision to exempt 70 individuals from the vision requirement in 49 CFR 391.41(b)(10).

TITLE: Transportation of Hazardous Materials; Designated, Preferred, and Restricted Routes Notice published: 12/04/2000; 65 FR 75771.

SUMMARY: This notice provides the current listing of all restricted, designated, and preferred road and highway routes for transporting radioactive (RAM) and non-radioactive hazardous materials (NRHM) that have been reported to the FMCSA by State and Indian Tribe routing agencies as of November 14, 2000.

SUMMARY: The FMCSA announces its decision to exempt 60 individuals from the vision requirement in 49 CFR 391.41(b)(10).

TITLE: Qualification of Drivers; Exemption Applications; Vision; Notice of final disposition; published: 09/21/2000; Effective Date: 9/21/2000; [Docket No. FMCSA-2000-7006]; 65FR57230.

SUMMARY: The FMCSA announces its decision to exempt 56 individuals from the vision requirement in 49 CFR 391.41(b)(10).

TITLE: Developing and Implementing a Long-Term Strategy and Performance Plan for Improving Commercial Motor Vehicle, Operator, and Carrier Safety; Notice; request for comments; published: 08/14/2000; Comment period ends: December 15, 2000; [FMCSA Docket No. FMCSA 2000-7645]; FR 65 49631.

SUMMARY: To comply with section 104 of the Motor Carrier Safety Improvement Act of 1999 (MCSIA), the FMCSA is developing a long-term strategy and performance plan for the period between fiscal years 2001 and 2010. Both the Congress and the Department of Transportation have stated long-term goals for improving commercial motor vehicle safety. This notice asks for public comment on the means by which the goals can be achieved and on the process to develop the plan.

TITLE: Guidelines for Development of Functional Specifications for Performance-Based Brake Testers Used to Inspect Commercial Motor Vehicles; Notice of final determination; Published: 08/09/2000; Effective Date: 09/08/2000; [FMCSA Docket No. FMCSA-98-3611]; 65FR48799.

SUMMARY: The FMCSA is announcing its final determination establishing functional specifications for performance-based brake testing machines purchased with Federal funds from the agency's Motor Carrier Safety Assistance Program (MCSAP). The FMCSA is nearing the completion of a multi-year research program to evaluate prototype performance-based brake testing technologies, including roller dynamometers, flat-plate testers, breakaway torque testers, an on-board electronic decelerometer, and an infrared brake temperature measurement system. To date, the FMCSA has determined that certain performance-based brake testing machines are eligible for funding under MCSAP, but only as screening and sorting devices in commercial vehicle inspections. The FMCSA is establishing generic functional specifications that will be applicable to a range of brake testing technologies. The States may use the functional specifications as guidelines to determine whether the purchase of a specific brake tester would be an eligible expense item under the MCSAP

TITLE: Qualification of Drivers; Exemption Applications; Vision; Notice of petitions and intent to grant applications for exemption; request for comments; published: 07/25/2000; Comment period ends: 08/24/ 2000; [Docket No. FMCSA-2000-7363]; 65 FR 45817.

SUMMARY: This notice announces the FMCSA's preliminary determination to grant the applications of 70 individuals for an exemption from the vision requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). Granting 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).

TITLE: Hours of Service of Drivers; Driver Rest and Sleep for Safe Operations; Notice of proposed rulemaking (NPRM); extension of comment period.; 49 CFR Parts 350, 390, 394, 395 and 398; published: 06/19/2000; Comment period ends: 10/30/2000; [Docket No. FMCSA-97-2350; formerly FHWA-97-2350 and MC-96-28]; 65FR37956.

SUMMARY: The FMCSA is extending this rulemaking's comment period until October 30, 2000. This is in response to numerous petitions received by the FMCSA from motor carriers, drivers and trucking associations, and several members of Congress requesting an extension of the comment period closing date. The petitioners based their requests on the time required to review the vast body of research, assess the impact of the proposed rules, and provide meaningful comments. The FMCSA is also placing in the docket the pre-publication final report on ``Effects of Sleep Schedules on Commercial Motor Vehicle Driver Performance,'' prepared by the Division of Neuropsychiatry, Walter Reed Army Institute of Research.

TITLE: Additional Public Hearing for Hours of Service of Drivers; Driver Rest and Sleep for Safe Operations; Proposed rule; notice of hearing; 49 CFR Parts 350, 390, 394, 395 and 398; published: 06/12/2000; [Docket No. FMCSA-97-2350]; 65FR36809.

SUMMARY: The FMCSA is announcing two more days of hearings for additional interested persons to speak with FMCSA officials about the agency's proposed hours-of-service regulations (65 FR 25540, May 2, 2000). This action is necessary to inform the public about the dates, times, and location of the hearing. The FMCSA continues to hope to hear from the public about how the proposed hours-of-service regulations would improve highway safety and affect drivers' professional, personal and family lives. All oral presentations will be transcribed and placed in the public docket.

TITLE: Controlled Substances and Alcohol Testing Management Information System (MIS) Statistical Data; Notice; published: 05/26/2000; 65FR34246

SUMMARY: The FMCSA is announcing the motor carrier industry's 1997 and 1998 controlled substances and alcohol usage rates based on random testing. The positive rate for controlled substances was 1.3 percent in calendar year 1997, and 1.5 percent in 1998. The alcohol ``violation'' rate was 0.2 percent in 1997, and 0.4 percent in 1998. Because the alcohol ``violation'' rate has remained below 0.5 percent for these two years, the FMCSA is announcing that it is maintaining the random alcohol testing rate for calendar year 2000 at 10 percent, in accordance with the provisions of the testing regulations. This lowered rate continues the DOT policy set in 1998 when data supported the same policy decision. Because the positive rate from controlled substances testing has remained above 1.0 percent during this same period, the FMCSA is maintaining the random controlled substances testing rate for calendar year 2000 at 50 percent, in accordance with FMCSA regulations. This notice serves to continue the existing policy and provides that it is effective until further notice. Corresponding File:052600n.txt, 052600n.pdf

TITLE: Public Hearing on Hours of Service of Drivers; Change in Format; Notice of change in hearing structure; 49 CFR Parts 350, 390, 394, 395, and 398; published: 05/26/2000; [Docket No. FMCSA-97-2350]; 65FR34132

SUMMARY: By notice of May 5, 2000 (65 FR 26166), the FMCSA announced the scheduling of a public hearing on May 31 and June 1, 2000, for persons to present comments on the agency's proposed revisions to its hours-of-service regulations (65 FR 25540, May 2, 2000). The announcement said the hearing would be subdivided and the FMCSA would seek comments on specific topics during prescribed time periods. Because many persons have asked to speak on the general subject, rather than specific areas, it has been determined that all speakers may speak on the general subject of the proposed revisions at any time they are scheduled to testify during the hours of 8:30 a.m. to 5 p.m. each day. Corresponding File:052600n2.txt, 052600n2.pdf

TITLE: Qualification of Drivers; Exemption Applications; Vision; Notice of petitions and intent to grant applications for exemption; request for comments.; published: 05/23/2000; Comment period ends: 06/22/2000; Docket No. FMCSA-2000-7165; 65 FR 33406.

SUMMARY: This notice announces the FMCSA's preliminary determination to grant the applications of 63 individuals for an exemption from the vision requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). Granting 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).

TITLE: Qualification of Drivers; Exemption Applications; Vision; Notice of denials; published: 05/23/2000; Effective Date: 05/23/2000; 65FR33400.

SUMMARY: The FMCSA is publishing the names of persons denied exemptions from the vision standard in 49 CFR 391.41(b)(10) and the reasons for the denials.

TITLE: Public Meeting on the Commercial Drivers License Program in Illinois; Notice of public meeting; published: 05/22/2000; Meeting Date: 5/6/2000 from 9 a.m. and ending at 4:30 p.m., break 12:00 p.m. - 1:30 p.m.; Docket No. FMCSA 2000-7365; 65FR32148.

SUMMARY: The FMCSA is announcing a public meeting for interested persons to present comments and views on the Commercial Drivers License (CDL) program in Illinois. This action is necessary to inform the public about the date, time, and structure of the meeting. The FMCSA hopes to hear from the public any concerns they may have about the State's CDL program, CDL issuance practices, driver testing (including third party testing), literacy and translation requirements. The public meeting will be recorded and a summary of the proceedings placed in the docket number provided in the heading of this document.

TITLE: Public Hearings on Hours of Service of Drivers; Driver Rest and Sleep for Safe Operations; Notice of hearings; 49 CFR Parts 350, 390, 394, 395 and 398; published: 05/22/2000; Meeting Dates: 6/7-8/200 in Ontario, CA; 6/12-13/200 in Golden, CO; 6/15-16/200 in Kansas City, MO; 6/20-21/2000 in Indianapolis, IN; 6/26-27/2000 in Vernon, CT; and 6/29-30/2000 in Atlanta, GA. All will convene from 8:30 a.m.- 5 p.m.; Docket No. FMCSA-97-2350; 65FR32070.

SUMMARY: The FMCSA is announcing the second through seventh public hearings for interested persons to present comments and views on the FMCSA's proposed revisions to its hours-of-service regulations (65 FR 25540, May 2, 2000). This action is necessary to inform the public about the dates, times, and locations of the hearings. The FMCSA hopes to hear from the public, specifically drivers of trucks and buses, about how the proposed hours-of-service regulations would improve highway safety and affect their professional, personal, and family life. All oral presentations will be transcribed and placed in the rulemaking docket for the FMCSA's consideration.

TITLE: Public Hearing on Hours of Service of Drivers; Driver Rest and Sleep for Safe Operations; Notice of hearings; 49 CFR Parts 350, 390, 394, 395, and 398; published: 05/05/2000; Date of hearings: The first of seven sessions will be held on Wednesday May 31 and Thursday June 1, 2000, beginning at 8:30 a.m. and ending at 5 p.m. The dates and times for sessions 2 through 7 will be announced in the near future; [Docket No. FMCSA-97-2350]; 65 FR 26166-26167.

SUMMARY: The FMCSA is announcing the first of seven public hearings for interested persons to present comments and views on the FMCSA's proposed revisions to its hours-of-service regulations (65 FR 25540, May 2, 2000). This action is necessary to inform the public about the date, time, and structure of the first hearing. The FMCSA hopes to hear from the public about how the proposed hours-of-service regulations would improve highway safety, affect the personal, professional, and family life of commercial vehicle drivers, and the impact on the various segments of the motor carrier industry. All oral comments will be transcribed and placed in the rulemaking docket for the FMCSA's consideration.

TITLE: Parts and Accessories Necessary for Safe Operation; General Motors Corporation's Exemption Application; Minimum Fuel Tank Fill Rate and Certification Labeling; Grant of application for exemption; published: 04/26/2000; Effective Date: 05/26/2000; Expiration Date: 05/26/2002; [FMCSA Docket No. FMCSA-99-6285 (formerly OMCS-99-6285)];65 FR 24531.

SUMMARY: The FMCSA is granting the application of the General Motors Corporation (GM) for an exemption from certain fuel tank design and certification labeling requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). The exemption enables motor carriers to operate commercial motor vehicles (CMVs) manufactured by GM, and equipped with fuel tanks that do not meet the FMCSA's requirements that fuel tanks be capable of receiving fuel at a rate of at least 20 gallons per minute, and be labeled or marked by the manufacturer to certify compliance with the design criteria. The FMCSA believes the terms and conditions of the exemption achieve a level of safety that is equivalent to the level of safety that would be achieved by complying with the regulations. The exemption preempts inconsistent State and local requirements applicable to interstate commerce.

TITLE: Controlled Substances and Alcohol Use and Testing; PacifiCorp Electric Operations' Exemption Application; Random Testing of Drivers; Notice of denial of application for exemption; published: 04/26/2000; [FMCSA Docket No. FMCSA-99-6354 (formerly OMCS-99-6354)]; 65 FR 24533.

SUMMARY: The FMCSA is denying the application of PacifiCorp Electric Operations (PacifiCorp) for an exemption from the FMCSA's controlled substances and alcohol random testing requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). PacifiCorp requested an exemption because the company believes it has a low percentage of positive random test [[Page 24534]] results since testing was initiated. PacifiCorp's positive rate for random controlled substances tests is 1 percent and its positive rate for random alcohol tests is 0.8 percent. The FMCSA is denying the exemption because PacifiCorp did not explain how it would achieve a level of safety that is equivalent to, or greater than, the level of safety that would be obtained by complying with the random controlled substances and alcohol testing requirements. The company requested regulatory relief but did not offer alternatives that would have comparable deterrent effects.

TITLE: Qualification of Drivers; Exemption Applications; Vision; Notice of petitions and intent to grant applications for exemption; request for comments; published: 04/14/2000; Comment period ends: 05/13/2000; [Docket No. FMCSA-2000-7006]; 65 FR 20245.

SUMMARY: This notice announces the FMCSA's preliminary determination to grant the applications of 61 individuals for an exemption from the vision requirements in the Federal Motor Carrier Safety Regulations (FMCSRs). Granting 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).

TITLE: Qualification of Drivers; Exemption Applications; Vision; Notice of petition and intent to grant application for exemption; request for comments; published: 04/14/2000; Comment period ends: 5/15/2000; [FMCSA Docket No. 2000-6938]; 65 FR 20254.

SUMMARY: This notice announces the FMCSA's preliminary determination to grant the application of Todd E. Kautzman for an exemption from the vision requirements in the Federal Motor Carrier Safety Regulations (FMCSR). Granting the exemption will enable Mr. Kautzman to qualify as a driver of commercial motor vehicles (CMVs) in interstate commerce without meeting the vision standard prescribed in 49 CFR 391.41(b)(10).

TITLE: Qualification of Drivers; Exemption Applications; Vision; Notice of final disposition; published: 04/14/2000; Effective Date: 04/14/2000; [FMCSA Docket No. 99-6480 (Formerly OMCS Docket No. 99-6480)]; 65 FR 20251.

SUMMARY: The FMCSA announces its decision to exempt 34 individuals from the vision requirement in 49 CFR 391.41(b)(10).

TITLE: Global Positioning System (GPS) Technology Pilot Demonstration Project; Extension of Deadline for Submission of Applications; Notice of extension of deadline for submission of applications to participate in pilot demonstration project; published: 02/07/2000; Deadline for submissions: on or before December 29, 2000; 65FR5927.

SUMMARY: The FMCSA is extending the deadline for motor carriers to submit applications to participate in the agency's Global Positioning System (GPS) technology pilot demonstration project. This project allows qualified motor carriers that use GPS technology and related safety management computer systems to enter into an agreement with the FMCSA to use such systems to record and monitor drivers' hours-of- service, in lieu of requiring them to prepare handwritten records of duty status. This project is intended to demonstrate that the motor carrier industry can use this technology to improve compliance with the hours-of-service requirements in a manner which promotes safety and operational efficiency while reducing paperwork.

TITLE: Qualification of Drivers; Exemption Applications; Vision; Notice of final disposition; published: 01/03/2000; Effective Date: 01/03/2000;[OMCS Docket No. OMCS-99-6156]; 65 FR 159.

SUMMARY: The OMCS announces its decision to exempt 40 individuals from the vision requirement in 49 CFR 391.41(b)(10).

TITLE: Hours-of-Service of Drivers; Pilot Program for Drivers Delivering Home Heating Oil; Notice of proposal to initiate a pilot program; request for comments; published 02/16/2000; Comments due: 4/17/2000; [FMCSA Docket No. FMCSA-99-6585]; 65FR7906.

SUMMARY: The FMCSA is announcing its proposal to initiate a pilot program in which the agency would grant an exemption from the weekly hours-of-service restrictions for drivers of commercial motor vehicles (CMVs) making home heating oil deliveries that occur within 100 air- miles of a central terminal or distribution point, during the winter months. The FMCSA also intends to allow States to grant temporary exemptions from the weekly restrictions in their intrastate hours-of- service regulations for the transportation of home heating oil during the winter months for the purpose of enabling intrastate motor carriers conducting such operations to do so under terms and conditions identical to those used in the FMCSA's pilot program. The intrastate carriers would be required by the States in which they operate to report certain accident data to the FMCSA so that the agency can monitor their safety performance, combine the intrastate data with the interstate data, and analyze the results. Under the current regulations, drivers may not drive after being on duty 60 hours in any seven consecutive days if the motor carrier does not operate CMVs every day of the week (60-hour rule), or after being on duty 70 hours in any eight consecutive days if the motor carrier operates CMVs every day of the week (70-hour rule). During the pilot program, participating motor carriers would be allowed to ``restart'' calculations for the 60-hour or 70-hour rule, whichever is applicable, after the driver has an off- duty period encompassing two consecutive nights off-duty that include the period of midnight to 6 a.m. This action is in response to a request from the Petroleum Marketers Association of America (PMAA). The exemption, if granted, would preempt inconsistent State and local requirements applicable to interstate commerce.

NOTICES RELATING TO INFORMATION COLLECTION

TITLE: Notice of Request for Comments on Renewing the Approval for an Information Collection: Motor Carrier Safety Assistance Program (MCSAP); Notice and request for comments; published: 11/01/2000; Comment period ends: January 2, 2001; [FMCSA Docket No. FMCSA 2000-8033]; 65 FR 65372.

SUMMARY: This action informs the public that FMCSA intends to request the Office of Management and Budget (OMB) to renew approval for the information collection required by the Motor Carrier Safety Assistance Program. That information consists of grant application preparation, quarterly reports, and electronic data documenting the results of driver/vehicle inspections performed by the states. This notice is required by the Paperwork Reduction Act.

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on May 23, 2000 [65 FR 33399].

TITLE: Notice of Request for Comments on Renewing the Approval for Two Information Collections: Request for Revocation of Authority Granted and Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers under 49 U.S.C. 13902(c) Notice and request for comments; published: 09/05/2000; Comment period ends: November 6, 2000; [FMCSA Docket No. FMCSA 2000-7721]; FR 65 53802.

SUMMARY: The FMCSA is seeking public comments about our intent to request the Office of Management and Budget's (OMB) approval to renew two information collections. The first information collection, "Request for Revocation of Authority Granted,'' notifies the FMCSA of a voluntary request by a motor carrier, freight forwarder, or property broker to amend or revoke its registration. The second information collection, "Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers under 49 U.S.C. 13902(c),'' is used by Mexican motor carriers to apply for authority to operate across the border into the United States. The Paperwork Reduction Act requires the publication of this notice.

TITLE: Notice of Request for Comments on Renewing the Approval for Three Information Collections: Inspection, Repair and Maintenance; Driver Qualification Files; and Controlled Substances and Alcohol Use and Testing; Notice and request for comment; published: 09/05/2000; Comment period ends: 11/06/2000; [FMCSA Docket No. FMCSA-2000-7827]; 65 FR 53801.

SUMMARY: This action informs the public that FMCSA intends to request the Office of Management and Budget (OMB) to renew approval for three information collections. The first information collection, "Inspection, Repair and Maintenance,'' relates to a motor carrier's responsibility for ensuring that employees safely maintain and operate its commercial motor vehicles. The second information collection, "Driver Qualification Files,'' relates to requirements that a motor carrier employ only safe drivers to operate its commercial motor vehicles. The third information collection, "Controlled Substances and Alcohol Use and Testing,'' relates to requirements that a motor carrier test certain commercial motor vehicle operators for controlled substance use and alcohol abuse. This notice is required by the Paperwork Reduction Act.

TITLE: Notice of Request for Renewal of an Information Collection; Medical Qualifications Requirements; Notice and request for comments; published: 05/23/2000; Comment period ends: 06/24/2000; Docket No. FMCSA-2000-7316; 65FR33399.

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the FMCSA solicits comment on its intent to request the Office of Management and Budget (OMB) to approve the renewal to collect information for continuation of the requirements within 49 CFR parts 391 and 398 for (1) A medical examination form and certificate to be completed by a licensed medical examiner; (2) the submission of an application to the FMCSA for the agency to resolve conflicts of medical evaluation between medical examiners; (3) a driver qualification file for motor carriers to include the medical certificate; (4) a driver qualification file for motor carriers of migrant workers to include a doctor's certificate for every driver employed or used by them; (5) a driver qualification file to include a limb disability waiver issued to a driver; and (6) information collection requirements for granting exemptions from the vision requirements in the Federal Motor Carrier Safety Regulations (FMCSRs).

TITLE: Reports, Forms and Recordkeeping Requirements Agency Information Collection Activity Under OMB Review; Notice; (Title: Financial Responsibility for Motor Carriers of Passengers and Motor Carriers of Property); published: 04/28/2000; 65 FR 25020.

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected burden. The Federal Register Notice with a 60-day comment period soliciting comments on the following information collection was published on November 30, 1999 (64 FR 66961).

TITLE: OMB Review of Agency Information Collection Activity; Motor Carrier Report Form MP-1; Notice; published: 01/21/2000; Comments due: 02/22/2000; [Docket No. BTS-99-6368]; 65FR3531

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Bureau of Transportation Statistics (BTS) has submitted the following data collection to the Office of Management and Budget (OMB) for review and approval: Motor Carrier Quarterly and Annual Report Form MP-1. This report form provides financial and operation data about large motor carriers of passengers. BTS published a Federal Register notice asking for public comment on this data collection October 19, 1999 (64 FR 56385). BTS received one comment in response to that notice.

TITLE: Reports, Forms and Recordkeeping Requirements; Agency Information Collection Activity Under OMB Review; Notice; published: 02/28/2000; Comments due: 04/28/2000; [Docket No. OST-99-6578]; 65FR10590.

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended) this notice announces the Department of Transportation's (DOT) intention to request an extension of a currently approved information collection for alcohol testing. Before submitting this information collection to OMB for renewal, DOT is soliciting comments on whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department's estimate of the burden of the proposed information collection; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of collection of information on respondents, including the use of automated collection techniques or other forms of information technology.