Other
Years 2004 2003 2002 2001 2000 1999 1998 1997
FINAL RULES TITLE: Truck
Size and Weight; Technical Corrections; Final rule; technical
corrections; 23 CFR Part 658; published 12/22/98; Effective
Date: 12/22/98; 63 FR 70650. SUMMARY: This document amends
truck size and weight regulations by changing the definition of automobile
transporters to include those transporting towed vehicles and truck camper units
and extending the Interstate System axle weight exemption for public transit
buses to October 1, 2003, as provided by the Transportation Equity Act for the
21st Century (TEA-21), Pub. L. 105-178, 112 Stat. 107. Five additional technical
corrections are also being made, to add Alligator Alley (I-75) to the National
Network (NN) listing in Florida; clarify that a State's grandfathered weight
limits for divisible vehicles or loads on the Interstate System are permanently
vested; clarify that the length of cargo carrying units subject to the freeze in
the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Pub. L.
102-240, 105 Stat. 1914, are measured from the front of the first unit to the
rear of the last; clarify that the prohibition against an overall length limit
on truck tractor-semitrailers or truck tractor-semitrailer-trailer combinations
is not affected by grandfathered semitrailer lengths or kingpin settings; and
correct the routes available under the ISTEA freeze in Utah for
truck-trailer-trailer combinations. TITLE: Federal Motor
Carrier Safety Regulations; Waivers, Exemptions, and Pilot Programs; Rules and
Procedures; Interim final rule; request for comments, 49 CFR Parts 381
and 383; published 12/08/98; Effective Date: 12/08/98; Comment
period ends: 2/08/99 [FHWA Docket No. 98-4145] 63 FR 67600. SUMMARY: The FHWA is adopting
regulations to implement section 4007 of the Transportation Equity Act for the
21st Century (TEA-21), concerning waivers and exemptions from the Federal Motor
Carrier Safety Regulations (FMCSRs), and the administration of pilot programs to
evaluate innovative alternatives to the regulations. The regulations establish
the procedures persons must follow to request waivers and to apply for
exemptions from the FMCSRs, and the procedures the FHWA will use to process the
requests for waivers and applications for exemptions. The regulations also
codify statutory requirements concerning the agency's administration of pilot
programs. This rulemaking is intended to provide procedures to ensure the timely
processing of requests for waivers and applications for exemptions, and public
disclosure of the procedures the agency would use in initiating and managing
pilot programs. TITLE:
Amendments to Opiate Threshold Levels; Final Rule, 49 CFR Part 40; published
11/25/98; Effective Date: 12/1/98; [Docket No. OST-98-4777]; 63 FR
65128. SUMMARY: This final rule
makes conforming changes to the Department's drug testing procedures to
incorporate changes made by the Department of Health and Human Services (DHHS)
in the threshold levels of opiates. It is essential for the Department's
drug testing procedures to remain consistent with the DHHS Guidelines, as
Congress provided in the TITLE:
Safety Fitness Procedures; Final Rule, corrections; 49 CFR Part
385; published 11/10/98; Effective Date: 11/10/98; [FHWA
Docket Nos. MC-94-22 and MC-96-18; FHWA-97-2252]63 FR 62957. SUMMARY: The FHWA is
making corrections to the November 6, 1997, final rule on Safety Fitness
Procedures. The final rule established a means of determining whether a motor
carrier has complied with the fitness requirements of the Motor Carrier Safety
Act of 1984. The final rule included several minor errors which this document
corrects. TITLE: Reports of Motor Carriers;
Redesignation of Regulations Pursuant to the ICC Termination Act of 1995; Final
rule; redesignation; 49 CFR Chapter XI, Part 1420; published
09/30/98; Effective Date: 09/30/98; 63 FR 52192. SUMMARY: This document
establishes a new chapter in the Code of Federal Regulations (CFR) for the BTS
and transfers and redesignates regulations concerning reports of motor carriers,
currently found in the STB's CFR chapter, to the BTS's new CFR chapter. The ICC
Termination Act of 1995 (ICCTA), which was enacted on December 29, 1995, and
took effect on January 1, 1996, abolished the Interstate Commerce Commission
(ICC) and transferred certain of the ICC's functions and proceedings to either
the STB or the Secretary of Transportation. As pertinent here, responsibility
for the collection and dissemination of motor carrier financial information was
transferred to the Secretary of Transportation, who has delegated that
responsibility to the BTS. This action reflects that change. TITLE: Americans With Disabilities
Act Accessibility Guidelines for Transportation Vehicles; Over-the-Road Buses;
Joint Final Rule; Final rule, request for comments; 49 CFR Part 37; published
09/28/98; Effective Date: 10/28/98; Comments on the information
collection provisions of Sec. 37.213 are requested on or before [90 days from
December 28, 1998], but late-filed comments will be considered to the extent
practicable. Comments are not requested on
any other portion of the rule; [Docket OST-98-3648]; 63 FR 51669. SUMMARY: The Department is
amending its Americans with Disabilities Act (ADA) regulations to require the
accessibility of new over-the-road buses (OTRBs) and to require accessible OTRB
service. The new rule applies both to intercity and other fixed-route bus
operators and to demand-responsive (i.e., charter and tour) operators. The rules
require operators to ensure that passengers with disabilities can use OTRBs. In
connection with the forthcoming Office of Management and Budget (OMB) review of
information collection requirements, the Department is requesting comment on the
information collection requirements section of the final rule. TITLE: Exemption of Commonly-Owned Motor
Carriers From Equipment Identification and Receipt Requirements Applicable to
Leased and Interchanged Vehicles; Final rule; 49 CFR Part 376;
published 07/31/98; Effective Date: 08/31/98; [FHWA Docket No.
FHWA-97-3050]; 63 FR 40837. SUMMARY: The FHWA is modifying
its regulations under 49 CFR part 376 governing the lease and interchange of
motor vehicle equipment by exempting commonly-owned and controlled motor
carriers from the vehicle identification and exchange of receipt requirements of
Sec. 376.22 and the vehicle identification requirement of Sec. 376.31. This
action eliminates the need for carriers to obtain individual waivers from these
requirements from the FHWA. TITLE: Review of the Federal Motor
Carrier Safety Regulations; Regulatory Removals and Substantive Amendments; Final
rule; 49 CFR Parts 387, 390, 391, 392, 395, 396, and 397; published
06/18/98; Effective Date: 07/20/98; [FHWA Docket No. FHWA-97-2328;
MC-97-3]; 63 FR 33254. SUMMARY: The FHWA is adopting a
final rule to remove, amend, and redesignate certain provisions of the Federal
Motor Carrier Safety Regulations concerning financial responsibility; general
applicability and definitions; accident recordkeeping requirements;
qualifications of drivers; driving of commercial motor vehicles; hours of
service of drivers; inspection, repair, and maintenance; and the transportation
of hazardous materials. The agency considers many of these regulations to be
obsolete, redundant, unnecessary, ineffective, or burdensome. Others are more
appropriately regulated by State and local authorities, better addressed by
company policy, in need of clarification, or more appropriately contained in
another section. This action is consistent with the FHWA's Zero Base Regulatory
Review and the President's Regulatory Reinvention Initiative. TITLE: Federal Motor Carrier Regulations;
Authority Corrections; Final rule; technical corrections; 49 CFR Parts
365, 372, 373, 374, and 377; published 05/22/98; Effective
Date: 05/22/98; 63 FR 28286. SUMMARY: This document makes
technical amendments to the authority statements for various FHWA motor carrier
regulations in order to remove the obsolete authority citations provided in the
subparts. This correction is necessary due to changes required by the ICC
Termination Act of 1995 (ICCTA) and the transfer of certain regulatory functions
to the FHWA from the former Interstate Commerce Commission (ICC). The effect of
these amendments is to remove the outdated authority citations listed in the
subparts. TITLE: Parts and Accessories Necessary
for Safe Operation; Antilock Brake Systems; Final rule; 49 CFR Part
393; published 05/04/98; Effective Date: 06/03/98; [FHWA Docket
No. MC-94-31; FHWA-97-2318]; 63 FR 24454. SUMMARY: The FHWA is amending
the Federal Motor Carrier Safety Regulations (FMCSRs) to require that air-braked
truck tractors manufactured on or after March 1, 1997, and air-braked
single-unit trucks, buses, trailers, and converter dollies manufactured on or
after March 1, 1998, be equipped with antilock brake systems (ABSs) that meet
the requirements of Federal Motor Vehicle Safety Standard (FMVSS) No. 121. The
FHWA is also requiring hydraulic-braked trucks and buses manufactured on or
after March 1, 1999, to be equipped with ABSs that meet the requirements of
FMVSS No. 105. In addition, the agency is requiring motor carriers to maintain
the ABSs on these vehicles. This rulemaking is intended to ensure that the
in-service brake standards of the FMCSRs are consistent with the FMVSSs. The
rulemaking would also improve the safety of operation of commercial motor
vehicles by reducing the incidence of accidents caused by jackknifing and other
losses of directional stability and control during braking. With regard to
commercial motor vehicles manufactured prior to the dates previously mentioned,
the FHWA is not requiring motor carriers to retrofit such vehicles with ABSs. TITLE: Civil Penalties; Final
rule; 49 CFR Part 386; published 03/13/98; Effective Date:
03/13/98; 63 FR 12413. SUMMARY: This document specifies
the civil penalties for violating the FHWA regulations, as adjusted for
inflation in accordance with the Federal Civil Penalties Inflation Adjustment
Act of 1990, as amended by the Debt Collection Improvement Act of 1996. The
inflation adjustments are reflected in this rulemaking. Technical amendments to
the regulation are required by the statute which mandates that all civil
penalties within the jurisdiction of a Federal agency be adjusted for inflation
by regulation. TITLE: Payment of Transportation Charges;
Authority Correction; Final rule; technical correction; 49 CFR Part
377; published 03/10/98; Effective Date: 03/10/98; 63 FR 11624. SUMMARY: This document makes a
technical amendment to the authority statement for the regulation on payment of
transportation charges in order to remove the obsolete authority citations
provided in the subparts. This correction is necessitated by changes in the
statute and the transfer of regulatory functions to the FHWA from the former
Interstate Commerce Commission (ICC) as a result of the ICC Termination Act of
1995 (ICCTA). This amendment would remove the outdated ICC authority citations
in 49 CFR part 377 of the Code of Federal Regulations. TITLE: Manufactured Home Tires, Parts and
Accessories Necessary for Safe Operation, and Manufactured Home Construction and
Safety Standards; Final Rule; Final rule and HUD interpretive bulletin;
49 CFR 393 and 24 CFR 3280; published 02/18/98; Effective Date:
11/16/98; [FHWA Docket No. MC-95-1; FHWA-97-2341][Docket No. FR-3943-F-02]; 63
FR 8329. SUMMARY: The FHWA and HUD are
amending the Federal Motor Carrier Safety Regulations and an interpretation of
the Manufactured Home Construction and Safety Standards concerning the
transportation of manufactured homes. The FHWA and HUD are reducing the amount
of tire overloading allowed (currently up to 50 percent above the tire
manufacturer's load rating) on tires used to transport manufactured homes. As a
result of this rulemaking the amount of the load on a manufactured home tire
will be reduced so that it cannot exceed the tire manufacturer's load rating by
more than 18 percent. Manufactured homes transported on tires overloaded by 9
percent or more may not be operated at speeds exceeding 80 km/hr (50 mph).
Eighteen-percent tire overloading will be allowed for a two-year period. The
two-year period will begin on November 16, 1998, effective date of this final
rule. Because the agencies have sufficient data indicating that overloading is
potentially unsafe, unless both agencies are persuaded that 18 percent
overloading does not pose a risk to the traveling public, or have an adverse
impact on safety or the ability of motor carriers to transport manufactured
homes, any overloading of tires beyond their design capacity will be prohibited
at the end of this two-year period. TITLE: Motor Vehicle Safety Standards
Rear Impact Guards; Rear Impact Protection; Final Rule; response to
petitions for reconsideration; technical amendment; denial of petition to extend
the effective date; 49 CFR Part 571; published 01/26/98; Effective
Date: The amendments made by this rule will become effective on January 26,
1998. Petitions for reconsideration of this rule must be received no later than
March 12, 1998; [Docket NHTSA-98-3342, Notice 1]; 63 FR 3654. SUMMARY: On January 24, 1996,
NHTSA published a final rule establishing an equipment standard for underride
guards and a vehicle standard which requires the installation of guards meeting
the equipment standard on the rear end of heavy trailers and semitrailers. In
response to petitions for reconsideration, NHTSA is amending that final rule to:
clarify the 100 mm (4 inch) height requirement for the horizontal member of an
underride guard, explicitly exclude from having to meet the energy absorption
requirements all cargo tank motor vehicles manufactured with rear end protection
complying with the high strength requirements of 49 CFR part 178 (to protect
hazardous material) that occupies the area specified for NHTSA's underride
guard, and increase the acceptable range of force application rates during
testing. The agency is also excluding pulpwood trailers from the application of
the vehicle standard and denying a petition from the Truck Trailer
Manufacturer's Association (TTMA) for an extension of the effective date of the
final rule. TITLE: Parts and Accessories Necessary
for Safe Operation; Glazing in Specified Openings; Final Rule;
49 CFR Part 393; published 01/09/98; Effective Date: 02/09/98;
[FHWA Docket No. MC975; FHWA972364]; 63 FR 1383. SUMMARY: The FHWA is revising
its requirements concerning glazing materials, windshield condition, coloring
and tinting of windshields and windows, and obstructions to the drivers field
of view for commercial motor vehicles operated in interstate commerce. The
revision is intended to remove obsolete regulatory language, establish
requirements that are more performance-based than the previous requirements, and
respond to requests for waivers to allow the use of windshield-mounted
transponders. On April 14, 1997, the FHWA published a notice of proposed
rulemaking (NPRM) in which the agency proposed general amendments to part 393 of
the Federal Motor Carrier Safety Regulations (FMCSRs), Parts and Accessories
Necessary for Safe Operation. The proposed amendments covered a wide range of
topics, including the subjects of this rule. Upon review of the docket comments
and recent requests for waivers, the agency has decided to issue a final rule on
glazing materials, windshields and windows and to publish, at a later date, a
final rule on the remaining issues covered in the April 14, 1997, NPRM. As a
result of this rulemaking, motor carriers operating under the terms of the March
6, 1995, waiver granted for the ADVANTAGE I75 and Heavy Vehicle Electronic
License Plate, Inc. programs are no longer required to comply with the
conditions prescribed by the waiver.
PROPOSED
RULES TITLE: Revision
to Reporting Requirements for Motor Carriers of Property; Notice of
proposed rulemaking; 49 CFR Part 350; published 11/03/98; Comment
period ends: 12/03/98; [Docket No. BTS-98-4659]; 63 FR 59268 SUMMARY: The Bureau of
Transportation Statistics (BTS) proposes to adopt new accounting and reporting
provisions that would provide data for current needs while significantly
reducing the annual compliance burden. This rulemaking is being conducted to
implement portions of the ICC Termination Act of 1995, which transferred the
motor carrier financial and operating data collection program to the Department
of Transportation and made several changes to the motor carrier program.
Class I motor carriers would file much shortened quarterly reports and file a
simplified annual report form based largely on the current Form M-2. Class II
carriers would continue filing only annually and would use the same simplified
form as class I carriers. In addition, the Bureau proposes a system for
considering requests for exemptions from filing and from public release of data.
With this document, BTS is also withdrawing its proposal to establish a
negotiated rulemaking advisory committee to assist in developing the
regulations. This rulemaking action is taken on the Bureau's initiative. TITLE: Out-of-Service Criteria;
Extension of Comment Period; Re-opening of docket; request for
comments; 49 CFR Parts 395 and 396; published 10/09/98; Comment
period ends: 12/08/98; [FHWA Docket No. FHWA-98-3414]; 63 FR 54432. SUMMARY: The FHWA is re-opening Docket No.
FHWA-98-3414 for a period of sixty (60) days. On July 20, 1998, the FHWA
published an advance notice of proposed rulemaking (ANPRM) in which the agency
sought comment concerning use of the ``North American Uniform Out-of-Service
Criteria'' (OOS Criteria) (63 FR 38791). This action today is taken in response
to a written request from the Advocates for Highway and Auto Safety (AHAS). The
FHWA has determined that re-opening the docket is appropriate given the
complexity of the ANPRM and the need for informed public comment. The docket
will be open for an additional period of 60 days. TITLE: Transportation of Household
Goods; Consumer Protection Regulations; Extension and reopening of
comment period; 49 CFR Parts 375 and 377; published 08/12/98; Comment
period extended to: 10/13/98; [Docket No. FHWA-97-2979]; 63 FR 43128. SUMMARY: The FHWA is
extending and reopening this rulemaking's comment period for an additional 60
day period of time. This is in response to one petition received by the FHWA
requesting an extension of the comment period closing date. The petitioner based
her request upon her belief that the FHWA provided too brief an opportunity to
enable individual consumers, as opposed to industry lobbyists, to become aware
of the rulemaking, to digest the NPRM's contents and to respond to the
opportunity with comments. This NPRM is required, in part, by the Paperwork
Reduction Act of 1995, because most of the information collection burdens
formerly imposed by the Interstate Commerce Commission have never received
Office of Management and Budget (OMB) approval. TITLE: Physical Qualification of
Drivers; Medical Examination; Certificate; Notice of proposed
rulemaking (NPRM); request for comments; 49 CFR Part 391; published
08/05/98; Comment period ends: 10/03/98; [FHWA Docket No.
FHWA-98-3542]; 63 FR 41769. SUMMARY: The FHWA is seeking
comments on a proposal to amend its regulation governing the examination to
determine the physical condition of drivers. The FHWA takes this action in
response to numerous requests from medical examiners to update and simplify the
medical examination form that is currently used. This proposed action is
intended to reduce the incidence of errors on such forms and to provide more
uniform medical examinations of commercial motor vehicle (CMV) drivers under the
Federal Motor Carrier Safety Regulations (FMCSRs). The current Federal physical
qualification standards tested by medical examiners and recorded on the form
would not be revised in this rulemaking. The FHWA is seeking comments on the
proposed form. To use compressed file, download
to your computer, then double-click on filename TITLE: Federal Motor Carrier Safety
Regulations; Definition of Commercial Motor Vehicle; Advance notice of
proposed rulemaking (ANPRM); request for comments; 49 CFR Parts 390, 391, 392,
393, 395, and 396; published 08/05/98; Comment period
ends: 10/05/98; [FHWA Docket No. FHWA-97-2858]; 63 FR 41766. SUMMARY: The Federal
Highway Administration is considering amending the Federal Motor Carrier Safety
Regulations (FMCSRs) in response to the Transportation Equity Act for the 21st
Century (hereinafter referred as ``TEA-21''). Section 4008(a) of TEA-21 amends
the definition of the term ``commercial motor vehicle'' (CMV) in 49 U.S.C.
31132(1) to cover vehicles ``designed or used to transport more than 8
passengers (including the driver) for compensation.'' The change could make the
FMCSRs applicable to a considerable number of entities, including operators of
small commuter vans or airport shuttle buses, not now subject to them. This
ANPRM requests comment and information to help the FHWA identify such operators
and TITLE: Out-of-Service Criteria; Advance
notice of proposed rulemaking (ANPRM); request for comments; 49 CFR Parts 395
and 396; published: 07/20/98; Comment period ends: 09/18/98;
[FHWA Docket No. FHWA-98-3414]; 63 FR 38791. SUMMARY: The FHWA seeks public
comment concerning use of the ``North American Uniform Out-of-Service Criteria''
(OOS Criteria). During roadside inspections, Federal, State and local safety
inspectors use the OOS Criteria as a guide in determining whether to place
commercial motor vehicles (CMVs) or drivers of CMVs out-of-service. The OOS
Criteria is a list of those violations which are so unsafe that they must be
corrected before operations can resume. Correction of other less severe
violations can be deferred to a more convenient time and place. The FHWA is
seeking public comment on the future scope and effect of the OOS Criteria, which
are not part of the Federal Motor Carrier Safety Regulations (FMCSRs). The
agency is also seeking comment on the need to formalize these guidelines. TITLE: Safety Fitness Procedures; Advance
notice of proposed rulemaking (ANPRM); request for comments; 49 CFR Part 385; published:
07/20/98; Comment period ends: 09/18/98; [FHWA Docket No.
FHWA-98-3639]; 63 FR 38788. SUMMARY: On November 6, 1997,
the FHWA published a final rule incorporating the safety fitness rating
methodology (SFRM) into 49 CFR 385 as appendix B. In that document the FHWA
identified its ultimate goal as creating a more performance-based means of
determining the fitness of carriers to conduct commercial motor vehicle (CMV)
operations in interstate commerce. The final rule announced that the FHWA would
publish an ANPRM shortly which would request comments on the future evolution of
a rating system that could be used both in making safety fitness determinations
and meeting the demands of shippers, insurers and other present and potential
users interested in evaluating motor carrier performance. Since the final rule,
legislation was enacted that substantially heightens the importance of
unsatisfactory ratings. Accordingly, at this time the FHWA is seeking comments
and supporting data on what issues should be considered in constructing a rating
system for the future. TITLE: Parts and Accessories Necessary
for Safe Operation; Lighting Devices, Reflectors, and Electrical Equipment; Notice
of proposed rulemaking (NPRM); request for comments; 49 CFR Part 393; published:
06/19/98; Comment period ends: 09/17/98; [FHWA Docket No. MC-94-1;
FHWA-1997-2222]; 63 FR 33611. SUMMARY: The FHWA is proposing
to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to require that
motor carriers engaged in interstate commerce install retroreflective tape or
reflex reflectors on the sides and rear of trailers that were manufactured prior
to December 1, 1993, have an overall width of 2,032 mm (80 inches) or more, and
a gross vehicle weight rating (GVWR) of 4,536 kg (10,001 pounds) or more. The
FHWA is proposing that motor carriers be required to install retroreflective
tape or reflex reflectors within two years of the effective date of the final
rule. Motor carriers would be allowed a certain amount of flexibility in terms
of the colors or color combinations during a 10-year period beginning on the
effective date of the final rule, but would be required to have all older
trailers equipped with conspicuity treatments identical to those mandated for
new trailers at the end of the 10-year period. The locations at which the
retroreflective material would have to be applied to trailers during the
phase-in period would be specified. This rulemaking is intended to help
motorists detect trailers at night and under other conditions of reduced
visibility, thereby reducing the incidence of passenger vehicles colliding with
the sides or rear of trailers. TITLE: Federal Motor Carrier Safety
Regulations; General; Commercial Motor Vehicle Marking; Notice of
proposed rulemaking (NPRM); request for comments; 49 CFR Parts 385 and 393; published:
06/16/98; Comment period ends: 08/17/98; [FHWA Docket No.
FHWA-98-3947]; 63 FR 32801. SUMMARY: The FHWA is proposing to amend its
regulations concerning the marking of commercial motor vehicles (CMVs) and the
submission of the Motor Carrier Identification Report (Form MCS-150) that new
motor carriers must submit to the FHWA. The FHWA is proposing to eliminate the
marking regulations of the former Interstate Commerce Commission (ICC), and
require that motor carriers replace the vehicle markings specified by those
requirements with markings that conform to the requirements of 49 CFR 390.21.
The agency is proposing to amend its current 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,
and the city and State for the principal place of business as they appear on the
Form MCS-150. Motor carriers would be allowed two years to comply with the
proposed marking requirement to affix the USDOT number to both sides of their
CMVs and five years to comply with the additional requirements to add the
address of the principal place of business, and the legal name or DBA name to
their CMVs. The FHWA is also proposing to move the regulations that require
motor carriers to submit the Form MCS-150 from 49 CFR part 385 to part 390, and
to amend the regulations to require that all new interstate motor carriers
submit a Form MCS-150 to the FHWA before (rather than within 90 days after)
commencing operations. The FHWA solicits public comment from interested persons
on this action, including responses to the information collection requirements
set forth in this document. TITLE: Transportation of Household Goods;
Consumer Protection Regulations; Correction to 5/15/98
proposed rule; 49 CFR 375 and 377; published: 06/08/98; 63
FR 31266. TITLE: Truck Size and Weight; National
Network; North Dakota; Notice of proposed rulemaking; request for
comments; 23 CFR 658; published: 05/18/98; Comment period ends:
July 17, 1998; [FHWA Docket No. 98-3467]; 63 FR 27228. SUMMARY: The FHWA proposes to
modify the National Network for commercial motor vehicles by adding a route in
North Dakota. The National Network was established by a final rule on truck size
and weight published on June 5, 1984, as since modified. This rulemaking
proposes to add one segment to the National Network as requested by the State of
North Dakota. TITLE:
Transportation of Household Goods; Consumer Protection Regulations; Proposed
Rule; Notice of proposed rulemaking (NPRM); request for comments; 49
CFR 375 and 377; published 05/15/98; Comment period ends: July
14, 1998; [Docket No. FHWA-97-2979]; 63 FR 27126. SUMMARY: The FHWA is proposing
to amend the regulations governing the transportation of household goods. These
regulations protect consumers who ship household goods by motor vehicle. This
action is necessary to implement the ICC Termination Act of 1995 (ICCTA) and to
update the regulations. This proposal would make the regulations easier to read
and understand, require household goods carriers to file an annual arbitration
report in place of the outdated annual performance report, address hostage
freight problems, modify a consumer protection publication, and make conforming
and technical amendments. TITLE: Parts and Accessories Necessary
for Safe Operation; Rear Impact Guards and Rear Impact Protection; Notice
of proposed rulemaking (NPRM); request for comments; 49 CFR 393; published
05/14/98; Comment period ends: July 13, 1998; [FHWA Docket No.
FHWA-97-3201]; 63 FR 26759. SUMMARY: The FHWA is proposing
to amend the Federal Motor Carrier Safety Regulations (FMCSRs) to require that
certain trailers and semitrailers with a gross vehicle weight rating (GVWR) of
4,536 kilograms (kg) (10,000 pounds) or more, and manufactured on or after
January 26, 1998, be equipped with rear impact guards that meet the requirements
of Federal Motor Vehicle Safety Standard (FMVSS) No. 223. The rear impact guards
would be installed to ensure that the trailer or semitrailer meets the rear
impact protection requirements of FMVSS No. 224. This rulemaking is intended to
ensure that the rear impact protection requirements of the FMCSRs are consistent
with the FMVSSs and to improve the safety of operation of commercial motor
vehicles (CMVs) by reducing the incidence of passenger compartment intrusion
during underride accidents in which the passenger vehicle strikes the rear of
the trailer. With regard to trailers manufactured before January 26, 1998, the
FHWA is not proposing that motor carriers be required to retrofit a rear impact
guard that conforms to FMVSS No. 223. However, motor carriers operating these
trailers would be required to continue complying with the FHWA's current
requirements for rear impact guards and rear impact protection. TITLE: Hours of Service of Drivers;
Supporting Documents; Notice of proposed rulemaking (NPRM); request for
comments; 49 CFR 390 and 395; published 04/20/98; Comment
period ends: 06/19/98; [FHWA Docket No. FHWA-98-3706]; 63 FR 19457. SUMMARY: The FHWA proposes to amend the
hours-of-service (HOS) recordkeeping requirements of its regulations. The
Hazardous Materials Transportation Authorization Act of 1994 mandated that
amendments be made to these regulations. The FHWA, with this NPRM, proposes a
supporting document auditing system that all motor carriers would use to support
the accuracy of the drivers' Records of Duty Status (RODS) and Hours of Service
(HOS). Additionally, this NPRM would specify that failure to have such a system
would require the motor carrier to maintain various types of business documents
and all drivers employed by that motor carrier to collect and submit such
documents in order to support the accuracy of the drivers' RODS. The proposed
auditing systems and document retention proposal would enable the motor
carriers, Federal, State, and local enforcement officials to compare business
documents with drivers' records of duty status to monitor drivers' compliance
with the HOS and RODS requirements. This proposed rule would require drivers and
motor carriers to make use of documents generated or received in the normal
course of business to verify the accuracy of a driver's record of duty status.
The use of electronic recordkeeping methods is proposed as a preferred
alternative to paper supporting document records. TITLE: Commercial Driver Disqualification
Provision; Notice of proposed rulemaking; request for comments; 49 CFR
Parts 383 and 384; published 03/02/98; Comment period ends:
05/01/98; [FHWA Docket No. FHWA-97-3103]; 63 FR 10180. SUMMARY: The FHWA is proposing
regulations specifying that commercial motor vehicle (CMV) drivers who are
convicted of violating laws or regulations pertaining to railroad-highway grade
crossings be disqualified from operating a CMV. This proposal also would assess
penalties against employing motor carriers found to have knowingly allowed,
permitted, authorized, or required a driver to operate a CMV in violation of
laws or regulations pertaining to railroad-highway grade crossings. This action
is in response to the requirements specified in section 403 of the ICC
Termination Act (ICCTA) of 1995. The purpose of this proposal is to enhance the
safety of CMV operations on our nation's highways. TITLE: Registration of For-Hire Motor
Carriers, Property Brokers, and Freight Forwarders; Notice of proposed
rulemaking; request for comments; 49 CFR Parts 365, 385, and 387; published
02/13/98. Comment period ends 04/14/98; [FHWA Docket No. FHWA-97-2709];
63 FR 6362. SUMMARY: The FHWA proposes to
adopt interim rules governing registration of for-hire motor property and
passenger carriers, property brokers, and freight forwarders. The interim rules
are required by 49 U.S.C. 13901-13905, provisions of the Interstate Commerce
Commission Termination Act of 1995 (ICCTA), Pub. L. 104-88, 109 Stat. 803, that
mandate a registration system to be administered by the Secretary of
Transportation to replace the former Interstate Commerce Commission's licensing
system for motor carriers, property brokers, and freight forwarders. It is
anticipated that these interim rules would be used until the FHWA completes the
rulemaking required by 49 U.S.C.13908 which is currently underway.
NOTICES - GENERALTITLE: Global
Positioning System (GPS) Technology; Extension of Application Date; Notice
of extension of deadline for submission of applications to participate in the
GPS technology pilot demonstration project.; 49 CFR Part 395; published
12/30/98; Applications must be received on or before: 6/30/99; 63
FR 71791. SUMMARY: The FHWA 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 FHWA 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: Hours of
Service of Drivers; Notice of intent to consider negotiated rulemaking
process; 49 CFR 395; published 12/14/98; [FHWA Docket No.
FHWA-97-2350; MC-96-28]; 63 FR 68729. Summary: The FHWA is
announcing its intent to explore the feasibility of conducting a negotiated
rulemaking to revise the drivers' hours-of-service rules and has hired two
convenors for that purpose. Until that process is complete and a decision is
made concerning negotiated rulemaking, the FHWA will continue to move forward
with its traditional rulemaking process which began with the publication of an
advance notice of proposed rulemaking in the Federal Register on November 5,
1996 (61 FR 57252). TITLE:
Qualification of Drivers; Exemption Applications; Vision; Notice of
petitions and intent to grant applications for exemption; request for comments; published:
12/01/98; Comment period ends: 12/31/98; [FHWA Docket No.
FHWA-98-4334] 63 FR 66226. SUMMARY: This notice
announces the FHWA's preliminary determination to grant the applications of 24
individuals for an exemption from the vision requirements in the Federal Motor
Carrier Safety Regulations. 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 final disposition; published:
10/09/98; Effective Date: 11/09/98; [FHWA Docket No. FHWA-98-3637];
63 FR 54519. SUMMARY: The FHWA announces its
decision to exempt 12 individuals from the vision requirement in 49 CFR
391.41(b)(10). TITLE: Request for Comments on
Implementation of the Transportation Efficiency Act for the 21st Century
(TEA-21); Request for comments; published:
09/16/98; Comment period ends: 11/22/98; [Docket No. OST-98-4146]
63 FR 49630. SUMMARY: The Department of
Transportation will maintain a public docket for comments from its partners and
customers on the implementation of the recently enacted Transportation
Efficiency Act for the 21st Century (TEA-21). The docket is in conjunction with
a series of TEA-21 outreach sessions. This Notice supplements the previous
announcement of the docket in the Federal Register on July 28, 1998. TITLE: Public
Meeting to Discuss the Development of the North American Standard for Protection
Against Shifting or Falling Cargo; Notice of public meeting; 49 CFR
Part 393; published: 08/27/98; [FHWA Docket No. MC-96-41;
FHWA-97-2289]; 63 FR 45791; DATES: The meeting will be held on
October 1, 1998. The meeting will begin at 9:00 a.m. and end at 5:00 p.m. ADDRESSES:
The meeting will be held at the Hyatt Regency Rochester Hotel, 125 East Main
Street in Rochester, New York. SUMMARY: The FHWA is
announcing a public meeting concerning the development of the North American
Standard for Protection Against Shifting or Falling Cargo. The meeting will
include a review of the most recent version of the North American Standard for
Protection Against Shifting or Falling Cargo and a discussion of issues related
to the adoption of the guidelines by jurisdictions throughout North America. TITLE: Public Meeting to
Discuss the Development of In-Service Brake Performance Standards for Commercial
Motor Vehicles Inspected With Performance-Based Brake Testers; Notice of public
meeting; 49 CFR Part 393; published: 08/27/98; 63
FR 45792; DATES: The meeting will be held on October 2, 1998.
The meeting will begin at 9:00 a.m. and end at 4:30 p.m. ADDRESSES:
The meeting will be held at the Hyatt Regency Rochester Hotel, 125 East Main
Street in Rochester, New York. SUMMARY: The FHWA is announcing
a public meeting to discuss the development of commercial motor vehicle brake
force regulations that could be enforced by Federal and State officials using
performance-based brake testing technologies. The FHWA is nearing the completion
of a research program to evaluate certain performance-based brake testing
technologies, including roller dynamometers, flat-plate testers, breakaway
torque brake testers, an on-board decelerometer, and an infrared brake
temperature measurement system. Currently performance-based brake testers may be
used in commercial motor vehicle inspections but only as screening and sorting
devices because there are no Federal regulations that make reference to brake
force measurements as a means of determining whether a vehicle has adequate
braking capability. The recommendations from the researchers would, if adopted
by the FHWA, enable Federal and State officials to use performance-based brake
testers as both screening tools and enforcement tools when vehicles with
inadequate braking capability are identified. The purpose of the public meeting
is to provide interested parties an opportunity to review and comment on the
researchers' recommendations. TITLE: Federal Motor Carrier Safety
Regulations; Waivers, Exemptions, and Pilot Programs; Public Meeting; Announcement
of meeting; 49 CFR Part 389; published: 07/29/98; The
public meeting will be held on Thursday, August 20, 1998, between 9 a.m. and 4
p.m. Comments for inclusion in the docket must be received no later than August
20, 1998; [Docket No. FHWA-98-4145]; 63 FR 40387. SUMMARY: The FHWA is announcing
a public meeting to solicit information that will assist the agency in
implementing section 4007 of the Transportation Equity Act for the 21st Century
(TEA 21), effective on June 9, 1998, governing waivers, exemptions, and pilot
programs. Section 4007 amended 49 U.S.C. 31315 and 31136(e) by changing the
agency's authority to grant waivers and exemptions from the Federal Motor
Carrier Safety Regulations (FMCSRs) and to conduct pilot programs. The new
statutory language requires the FHWA, within 180 days of enactment of TEA 21, to
establish procedures by which a person may request a waiver or an exemption. The FHWA recognizes the public's interest in how
the agency applies its waiver and exemption authority. For that reason, we are
scheduling a public meeting to obtain comments and ideas from interested persons
to assist the FHWA in implementing section 4007 expeditiously. TITLE: Motor Carrier Regulatory Relief
and Safety Demonstration Project; Modifications; Notice; request for
comments; published: 07/13/98; Comments must be received no
later than August 12, 1998. Written comments addressing the information
collection requirements of this Project must be received on or before September
11, 1998. Applications for participation in the Project must be submitted no
later January 30, 1999. [Docket No. FHWA-97-2287; MC-96-40] 63 FR 37613. SUMMARY: The FHWA is extending
the application period for the Motor Carrier Regulatory Relief and Safety
Demonstration Project (Project), published in the Federal Register on June 10,
1997. The agency is also seeking public comment upon proposed modifications to
the entry criteria and reporting requirements of the Project. In the June 1997
notice, the FHWA indicated that it would later publish additional information
clarifying the eligibility criteria and application process. This notice is that
clarifying document and proposes to provide additional incentives to
participating motor carriers without adversely impacting highway safety. Motor
carriers operating commercial motor vehicles (CMVs) with a gross vehicle weight
rating (GVWR) between 10,001 and 26,000 pounds, in interstate commerce, may
qualify for exemptions from certain portions of the Federal Motor Carrier Safety
Regulations (FMCSRs) if they exhibit exemplary safety records. Motor carriers
participating in this Project would have the opportunity to demonstrate they can
maintain or improve their safety records when they are given greater latitude to
select the means by which their safety performance is attained. The FHWA seeks
the comments of all interested parties regarding these Project modifications,
especially comments aimed at aiding the FHWA in providing substantive industry
incentives while maintaining the highest degree of safety. Upon review of public
comment, the FHWA intends to modify the project, authorize qualified motor
carrier participation, and publish a supplemental notice of final determination. TITLE: Intelligent Transportation Society
of America; Public Meeting; Notice of Public Meeting; published:
07/06/98; 63 FR 36476.DATES: The Board of Directors of ITS AMERICA will
meet on Wednesday, August 5, 1998, from 9:30 a.m.-noon. ADDRESSES: The Hyatt
Regency Savannah, #2 W. Bay Street, Savannah, Georgia, 31401. Phone: (912)
238-1234. Fax: (912) 944-3678. TITLE: Coach USA, Inc.--Control--Blue
Bird Coach Lines, Inc.; Butler Motor Transit, Inc.; Gad-About Tours, Inc.;
P&S Transportation, Inc.; Pittsburgh Transportation Charter Services, Inc.;
Syracuse and Oswego Coach Lines, Inc.; Tippett Travel, Inc., d/b/a Marie's
Charter Bus Lines; Tucker Transportation Co., Inc.; and Utica-Rome Bus Co.,
Inc.; Notice tentatively approving finance transaction; published
by the Surface Transportation Board on 06/19/98; Comments must be filed
by August 3, 1998. Applicant may file a reply by August 24, 1998. If no comments
are filed by August 3, 1998, this notice is effective on that date; [STB Docket
No. MC-F-20921];63 FR 33760. SUMMARY: Coach USA, Inc. (Coach), a noncarrier,
filed an application under 49 U.S.C. 14303 to acquire control of Blue Bird Coach
Lines, Inc. (Blue Bird), Butler Motor Transit, Inc. (Butler), Gad-About Tours,
Inc. (Gad-About), P&S Transportation, Inc. (P&S), Pittsburgh
Transportation Charter Services, Inc. (PTCS), Syracuse and Oswego Coach Lines,
Inc. (S&O), Tippett Travel, Inc., d/b/a Marie's Charter Bus Lines (Tippett),
Tucker Transportation Co., Inc. (Tucker), and Utica-Rome Bus Co., Inc.
(Utica-Rome), all motor passenger carriers. Persons wishing to oppose the
application must follow the rules under 49 CFR part 1182, subparts B and C. The
Board has tentatively approved the transaction, and, if no opposing comments are
timely filed, this notice will be the final Board action. TITLE: Waiver for Canadian Electric
Utility Motor Carriers From Alcohol and Controlled Substances Testing; Notice
of final determination; published: 06/11/98; Effective Date:
07/13/98; [FHWA Docket No. FHWA-97-3202] 63 FR 32038. SUMMARY: The FHWA is waiving
certain Canadian electric utility motor carriers and drivers from the alcohol
and controlled substances testing requirements in connection with certain
limited emergency operations. The FHWA received a petition from Hydro Quebec and
Eastern Utilities Associates to waive these carriers. The FHWA received no
comments to the proposed waiver. The FHWA will waive those Canadian electric
utility motor carriers and drivers who enter the United States at the emergency
request of a member New England Mutual Assistance Roster utility to quickly
restore electric utility service for the New England electric utilities and
their customers. The FHWA is taking this action in accordance with the
Commercial Motor Vehicle Safety Act of 1986. This waiver for Canadian electric
utility motor carriers extends only to the alcohol and controlled substances
testing requirements for drivers required to be licensed under the commercial
driver's license (CDL) requirements. TITLE: Petition for Declaratory Order
Regarding Application of Federal Motor Carrier Truth In-Leasing Regulations; Notice
of denial of petition for declaratory order; published: 06/10/98; 63
FR 31827. SUMMARY: The Owner-Operator
Independent Drivers Association, Inc. (OOIDA), Howard Jenkins, Marshall Johnson,
Susan Johnson and Jerry Vanboetzelaer filed with the FHWA a petition for
declaratory order (the OOIDA petition) seeking a formal ruling by the FHWA that
New Prime, Inc., dba Prime, Inc. (Prime) and Success Leasing, Inc. (Success)
violated certain provisions of the federal motor carrier truth-in-leasing
regulations (49 CFR part 376). This petition was filed after the U.S. District
Court for the Western District of Missouri dismissed petitioners' class action
complaint against Prime and Success, seeking enforcement of these regulations,
on the ground that FHWA has primary jurisdiction to determine whether the
regulations have been violated. The FHWA is denying the OOIDA petition because it
fails to raise any issues not adequately addressed by existing legal precedent
which require the special expertise of this agency. Although denials of
petitions for declaratory orders will not ordinarily be published in the Federal
Register, the FHWA is publishing this decision to provide guidance to courts,
carriers, owner-operators and other interested parties regarding the agency's
general policy in handling such petitions, particularly those involving issues
arising under the truth-in-leasing regulations. This policy applies to all
petitions for declaratory orders, regardless of whether filed in connection with
private litigation. TITLE: Development of Functional
Specifications for Performance-based Brake Testers Used To Inspect Commercial
Motor Vehicles; Request for comments; 49 CFR Part 350; published:
06/05/98; Comment period ends 08/04/98; [FHWA Docket No. FHWA-98-3611];
63 FR 30678. SUMMARY: The FHWA is requesting
public comment concerning the development of functional specifications for
performance-based brake testing machines purchased with Federal funds through
the FHWA's Motor Carrier Safety Assistance Program (MCSAP). The FHWA is nearing
the completion of a multi-year research program to evaluate prototype
performance-based brake testing technologies, including roller dynamometers,
flat-plate brake testers, breakaway torque brake testers, an on-board electronic
decelerometer, and an infrared brake temperature measurement system. To date,
the FHWA 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 FHWA is requesting public comments on
generic functional specifications that would be applicable to a range of brake
testing technologies. The States would 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: Intelligent Transportation Society
of America; Public Meeting; Notice of Public Meeting;
published: 06/04/98; Meeting date: 07/08/98; 63 FR
30557. TITLE: Qualification of Drivers; Waiver
Applications; Vision; Notice of petitions and intent to grant
applications for waiver; request for comments; published: 06/03/98; Comment
period ends 07/06/98; [FHWA Docket No. FHWA-98-3637]; 63 FR 30285. SUMMARY: This notice announces
the FHWA's preliminary determination to grant the applications of twelve
individuals for a waiver of the vision requirements in the Federal Motor Carrier
Safety Regulations. Granting the waivers will enable these persons to qualify as
drivers of commercial motor vehicles in interstate commerce without meeting the
vision standard prescribed in 49 CFR 391.41(b)(10). TITLE: Filing Procedures for the DOT
Docket; Electronic Submission; Notice requesting comment; published:
05/26/98; Comment period ends 07/27/98; [Docket No. OST-96-1436]; 63 FR
28545. SUMMARY: The Department of
Transportation (DOT) is requesting the public to comment on its plan to revise
its document filing requirements to provide for electronic submission of
information to its central dockets management system (DMS). Electronic
submission would provide more convenience than the current requirement to submit
paper, by allowing DOT customers to file documents from their desktop computers.
It also would streamline docket processing to accommodate the anticipated
increases in volume. TITLE: Truck Size and Weight Impact
Methodology Review Conference; Notice of meeting; published
04/30/98; 63 FR 23822. SUMMARY: The FHWA is announcing
an informational meeting concerning the analytical procedures used to estimate
the impact of potential changes to the Nation's truck size and weight (TS&W)
limits on: - Freight diversion and mode share;
- Safety and traffic operations;
- Highway agency costs (pavement, bridge and
roadway geometry);
- Shipper costs and rail industry profitability;
- Roadway geometry requirements;
- Traffic operations; and
- Environmental quality and energy consumption.
An understanding of these procedures is required
to evaluate the illustrative TS&W scenarios which will be presented in the
U.S. Department of Transportation's (U.S. DOT's) 1998 Comprehensive Truck Size
& Weight (CTS&W) Study. TITLE: Third Party CDL Knowledge and
Skills Testing Pilot Project; Notice of intent to conduct a pilot
project; request for comments; published 04/13/98; Comment
period ends: 06/12/98; [FHWA Docket No. FHWA-98-3409]; 63 FR 18069. SUMMARY: The Federal Highway
Administration is proposing a pilot project to evaluate the use of third party
testers to administer commercial driver's license (CDL) knowledge testing under
certain conditions. The FHWA is proposing this action in response to requests
from Arizona, Colorado and Florida. These States desire this added flexibility
as a means to streamline State Government and improve customer services. Upon
completion of the pilot project, the FHWA would evaluate the results and make a
final determination as to whether the integrity of the CDL knowledge testing
process and the security of the testing documents could be maintained under the
administration of third party testers. TITLE: Public Meeting To Discuss the
Development of the North American Standard for Protection Against Shifting or
Falling Cargo; Notice of meeting; 49 CFR Part 393; published
04/10/98; [FHWA Docket No. MC-96-41; FHWA-97-2289]; 63 FR 17812. SUMMARY: The FHWA is announcing
a public meeting concerning the development of the North American Standard for
Protection Against Shifting or Falling Cargo. The meeting will include a review
of the most recent version of the North American Standard for Protection Against
Shifting or Falling Cargo and a discussion of issues related to the adoption of
the guidelines by jurisdictions throughout North America. TITLE: Driver History Initiative
Projects; Fiscal Year 1998 Funding; Notice of solicitation; published
04/10/98; Deadline for proposals: 07/08/98;63 FR
17474. SUMMARY: This notice solicits
proposals from States for projects to evaluate their current citation issuance,
conviction process, and driver licensing procedures and policies in meeting the
goal of timely, accurate, and complete reporting and recording of traffic
convictions within a State and between States. Where deficiencies are
identified, a State is to develop new or revised systems, procedures, and/or
policies to improve the reporting and recording of traffic convictions. The FHWA
will provide grant funds to the selected States to carry out the projects from
funds set aside in the Department of Transportation and Related Agencies
Appropriations Act, 1998 (Pub. L. 105-66, 111 Stat. 1425) for driver
improvements and enhancements. TITLE: Intelligent Transportation Society
of America; Public Meeting; Notice of public meeting; published
04/08/98; 63 FR 17254. TITLE: Intelligent Transportation Society
of America; Public Meeting; Notice of public meeting; published
04/08/98; 63 FR 17255. TITLE: Global Positioning System
(GPS) Technology; Notice of interpretation; request for participation
in pilot demonstration project; 49 CFR Part 395; published 04/06/98;
DATES: This interpretation is effective 04/06/98. Applications for
participation in the pilot demonstration project will be accepted until
10/05/98; 63 FR 16697. SUMMARY: The FHWA believes
global positioning system (GPS) technology and many of the complementary safety
management computer systems currently being used by the motor carrier industry,
provide at least the same degree of monitoring accuracy as the ``automatic
on-board recorders'' allowed by the Federal Motor Carrier Safety Regulations
(FMCSRs), 49 CFR 395.15. Accordingly, the FHWA is announcing a voluntary program
under which a motor carrier with GPS technology and related safety management
computer systems may enter into an agreement with the FHWA to use such systems
in a pilot demonstration project to record and monitor drivers' hours of service
in lieu of complying with the handwritten ``records of duty status'' requirement
of the FMCSRs, 49 CFR 395.8. Consistent with the President's initiatives in
reinventing government and regulatory reform, the project is intended to
demonstrate whether the motor carrier industry can use the technology to improve
compliance with the hours-of-service requirements in a manner which promotes
safety and operational efficiency while reducing paperwork requirements. TITLE: Recommendations on Uniform Forms
and Procedures for the Transportation of Hazardous Materials; Supplemental
notice of report availability; request for comments; 49 CFR Part 397; published
03/31/98; Comment period ends: 06/29/98; [FHWA Docket No. MC-96-10;
FHWA-97-2334]; 63 FR 15362. SUMMARY: The FHWA is requesting
public comment on the final report and recommendations of the Alliance for
Uniform HazMat Transportation Procedures (the Alliance) concerning the
implementation of a portion of the former Hazardous Materials Transportation
Uniform Safety Act of 1990 (HMTUSA). The statute requires the Secretary of
Transportation (the Secretary) to establish a working group of State and local
government officials to establish uniform forms and procedures for the
registration of persons that transport hazardous materials by motor vehicle. The
working group is required to make recommendations to the Secretary on whether to
limit the filing of State registration and permit forms and the collection of
filing fees to the State in which the person resides or has its principal place
of business. The Alliance is the working group created to fulfill the
requirements of the statute, and accordingly, published its final report with
recommendations on March 15, 1996. On July 9, 1996, the FHWA published a notice
indicating thatthe Alliance's report was available and requesting public
comments on the report (61 FR 36016). After reviewing the comments received in
response to the notice of availability, the FHWA has determined that it should
seek additional public comment before the agency makes a decision on whether to
implement the recommendations of the Alliance. TITLE: National ITS Architecture
Consistency Meetings; Supplemental notice; published 03/13/98; 63
FR 12573. TITLE: Waiver for Canadian Electric
Utility Motor Carriers From Alcohol and Controlled Substances TestingWaiver for
Canadian Electric Utility Motor Carriers From Alcohol and Controlled Substances
Testing; Notice of petition for waiver; request for comments; published
03/12/98; Comment period ends: 04/13/98; [FHWA Docket No.
FHWA-97-3202]; 63 FR 12144. SUMMARY: The FHWA is announcing
its intent to waive certain Canadian electric utility motor carriers and drivers
from the alcohol and controlled substances testing requirements in connection
with certain limited emergency operations. The FHWA has received a petition from
Hydro Quebec and Eastern Utilities Associates to waive these carriers. The FHWA
would waive those Canadian electric utility motor carriers and drivers who enter
the United States at the emergency request of a member New England Mutual
Assistance Roster utility to quickly restore electric utility service for the
New England electric utilities and their customers. The FHWA is proposing this
action in accordance with the Commercial Motor Vehicle Safety Act of 1986. This
waiver for Canadian electric utility motor carriers would extend only to the
alcohol and controlled substances testing requirements for drivers required to
be licensed under the commercial driver's license (CDL) requirements. TITLE: Inspection, Repair, and
Maintenance; Periodic Inspection of Commercial Motor Vehicles; Correction
to notice on State periodic inspection programs; closing of public docket; published
03/10/98; Effective Date 03/10/98; 63 FR 11703. SUMMARY: This document corrects
a typographical error in the FHWA's February 19, 1998, notice adding the State
of Ohio's periodic inspection (PI) program for church buses to the list of
programs which are comparable to, or as effective as, the Federal PI
requirements contained in the Federal Motor Carrier Safety Regulations (FMCSRs).
The prior notice incorrectly referenced docket number FHWA-97-2195. The correct
docket number for the State PI program is FHWA-97-2175. This notice would
provide the correct docket number and officially close FHWA Docket No. MC-89-10,
FHWA-97-2175. TITLE: Public Meeting To Discuss
Requirements for Brake Hoses Used on Commercial Motor Vehicles; Notice
of public meeting; 49 CFR Part 393; published 02/20/98; 63 FR
8606. SUMMARY: The FHWA is announcing
a public meeting to discuss requirements for brake hoses used on commercial
motor vehicles. The meeting is intended to initiate dialogue between the FHWA;
the National Highway Traffic Safety Administration (NHTSA); manufacturers of
brake hoses, brake hose assemblies, and brake hose end fittings for use on
commercial motor vehicles; and interested parties concerning the adequacy of
current Federal requirements for brake hoses and related components. The meeting
will include presentations by the FHWA and the NHTSA explaining their respective
roles. The agencies would provide brake hose manufacturers and interested
parties the opportunity to voice their concerns about the adequacy of current
Federal requirements for brake hoses. TITLE: Inspection, Repair, and
Maintenance; Periodic Inspection of Commercial Motor Vehicles; Notice
to motor carriers on State periodic inspection programs; closing of public
docket; published 02/19/98; 63 FR 8516. SUMMARY: This notice adds the
State of Ohio's periodic inspection (PI) program for church buses to the list of
programs which are comparable to, or as effective as, the Federal PI
requirements contained in the Federal Motor Carrier Safety Regulations (FMCSRs).
The FHWA has published a list of such programs in the Federal Register
previously, and this list has been revised occasionally. Including Ohio, there
are 23 States, the Alabama Liquefied Petroleum Gas Board, the District of
Columbia, 10 Canadian Provinces, and one Canadian Territory that have PI
programs which the FHWA has determined to be comparable to, or as effective as,
the Federal PI requirements. In addition, the FHWA is closing FHWA Docket No.
MC-89-10, FHWA-97-2195 because interested parties know how to contact the FHWA
by means other than the formal docket system to request that an inspection
program be added to the list. TITLE: Intelligent Transportation Society
of America; Public Meeting; Notice of public meeting; published
02/13/98; 63 FR 7500. TITLE: Safety Advisory: Unauthorized
Cargo Tanks Used to Transport Hazardous Materials; Notice, published
02/11/98; 63 FR 7047. SUMMARY: This is to notify the
public that certain specification DOT 407 and DOT 412 cargo tank motor vehicles
manufactured by Prairie State Equipment, doing business as Petro Steel, in
Mitchell, SD, are not authorized for the transportation of hazardous materials
unless the original accident damage protection devices have been modified to
improve their structural strength. Failure of these devices during a collision
could result in serious injury, death, and property damage. TITLE: Availability of the Revised Draft
Guideline for Minimum Uniform Crash Criteria; Notice of availability; published
02/10/98; 63 FR 6793. SUMMARY: This notice announces the availability
of Revised Draft Guideline for Minimum Uniform Crash Criteria (MUCC) for public
review. The Guideline is a cooperative effort of the Highway Safety Community
under the sponsorship of the National Highway Traffic Safety Administration, the
Federal Highway Administration, and the National Association of Governors'
Highway Safety Representatives. It is intended to meet a recognized need to
collect uniform motor traffic vehicle traffic crash data both within a state and
across states. Implementation of a final Guideline by the states by will
voluntary. TITLE: National ITS Architecture
Consistency Meetings; Notice; published 02/03/98; 63
FR 5603. TITLE: Controlled Substances and Alcohol
Testing Management Information System (MIS) Statistical Data; Controlled
substances and alcohol testing rates; 49 CFR Part 382; published
01/14/98; Effective Date: January 1, 1998; 63 FR 2172. SUMMARY: The FHWA is announcing
the motor carrier industry's 1994, 1995, and 1996 controlled substances and
alcohol testing positive rates. The controlled substances testing positive rate
was 2.6 percent in calendar year 1994, 2.8 percent in 1995, and 2.2 percent in
1996. The alcohol testing ``violation'' rate was 0.14 percent in 1995, and 0.18
percent in 1996. Because the violation rate was below 0.5 percent for two
consecutive years, the FHWA is announcing it is lowering the random alcohol
testing rate for calendar year 1998 to 10 percent, in accordance with the
provisions of the testing regulations. TITLE: Qualification of Drivers; Waiver
Application; Vision; Notice of final disposition; published
01/09/98; Effective date: January 9, 1998; [FHWA Docket No.
FHWA-97-2625]; 63 FR 1524. SUMMARY: The FHWA announces its
decision to grant the petition of David R. Rauenhorst for a waiver of the vision
requirement contained in 49 CFR 391.41(b)(10).
NOTICES
RELATING TO INFORMATION COLLECTION TITLE: Reports, Forms and
Recordkeeping Requirements Agency Information Collection Activity Under OMB
Review; Notice; published: 08/06/98; Comment
period ends 09/08/98; 63 FR 42091. 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 requesting an emergency approval on this
information collection was published on May 13, 1998 [63 FR 26675]. The FHWA
also published an NPRM on April 20, 1998 [63 FR 19457] which responded to a
statutory mandate to amend the 60-year old regulations by defining and
describing record of duty status supporting documents. TITLE: Notice of Request for
Clearance of a New Information Collection; Notice and request for
comments; published: 07/29/98; Comment period ends
09/28/98; [Docket No. FHWA-98-4077]63 FR 40581. SUMMARY: In accordance
with the requirements of section 3506(c)(2)(A) of the Paperwork Reduction Act of
1995, this notice announces the intention of the FHWA to request the Office of
Management and Budget's (OMB) approval of a new information collection. This
information collection will be used to: (1) Gather information from motor
carriers regarding their expectations/experience with compliance reviews
conducted by the FHWA Office of Motor Carriers (OMC); and (2) provide a baseline
to measure improvements in customer satisfaction. The information collected from
the survey will help the OMC assess the usefulness of the compliance review
process, including whether the reviews are being conducted in a business-like
manner, and what additional services and information the OMC could provide. TITLE: Notice of Request for Renewal of a
Currently Approved Information Collection: Designation of Agents, Motor
Carriers, and Brokers; Notice and request for comments; published:
06/04/98; Comment period ends 08/03/98; [Docket No. FHWA-98-3825]63 FR
30557. SUMMARY: In accordance with the
requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995,
this notice announces the intention of the FHWA to request the Office of
Management and Budget (OMB) to renew its clearance of the currently approved
information collection identified below under Supplementary Information. This
information collection allows registered motor carriers, property brokers, and
freight forwarders a means of meeting process agent requirements. TITLE: Notice of Request for Renewal of a
Currently Approved Information Collection: Financial Responsibility, Trucking
and Freight Forwarding; Notice and request for comments; published:
05/22/98; Comment period ends 07/27/98; [Docket No. FHWA-98-3808]; 63
FR 28548. SUMMARY: In accordance with the
requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995,
this notice announces the intention of the FHWA to request the Office of
Management and Budget (OMB) to renew its clearance of the currently approved
information collection identified below under Supplementary Information. This
information collection provides registered motor carriers, property brokers, and
freight forwarders a means of meeting financial security documentation
requirements. TITLE: Request for Emergency Processing
of Currently Approved Information Collection; Federal Motor Carriers Safety
Regulations, Driver's Record of Duty Status; Notice; published
05/13/98; 63 FR 26675. SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 (P.L. 104-13,44 U.S.C. 3501-3520), the FHWA is
submitting a request to the Office of Management and Budget (OMB) for emergency
processing clearance of a currently approved information collection. OMB
clearance, for a six-month period, is being requested by May 31, 1998, when the
current information collection is due to expire. The FHWA published its intent
to request a three-year renewal to continue the current information collection
in the Federal Register dated March 11, 1998, at 63 FR 11948. Comments to that
notice are due on or before May 11, 1998. In addition, the FHWA published a
Notice of proposed rulemaking (NPRM) relating to this information collection in
the Federal Register dated April 20, 1998, at 63 FR 19457. This NPRM proposes to
amend the FHWA regulations affecting the hours-of-service recordkeeping
requirements. Comments to the NPRM are due on or before June 19, 1998. TITLE: Reports, Forms and Recordkeeping
Requirements; Agency Information Collection Activity Under OMB Review; [CORRECTED
Title: Accident Recordkeeping Requirements (please disregard the actual title in
the Federal Register--administrative error]; Notice; published 04/02/98; Comment
period ends: 05/04/98;63 FR 16290. SUMMARY: In compliance with the
Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), 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 collection of information was published on January 16,
1998 [62 FR 2715]. TITLE: Reports, Forms and Recordkeeping
Requirements Agency Information Collection Activity Under OMB Review; [Title:
Revision of Licensing Application Forms, Application Procedures, and
Corresponding Regulations]; Notice; published 03/17/98; Comment
period ends: 04/16/98; 63 FR 13091. 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 collection of information was published on January 2,
1998 [63 FR 123]. TITLE: Notice of Request for Renewal of
an Existing Information Collection; Federal Motor Carrier Safety Regulations,
Driver's Record of Duty Status; Notice and request for comments; published
03/11/98; Comment period ends: May 11, 1998; [Docket No. FHWA-98-3393];
63 FR 11948. SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 (44 U.S.C. 3051, 3506(c)(2)(A)), the FHWA is
requesting public comment on its intent to ask the Office of Management and
Budget (OMB) to reapprove the soon to expire information collection that
documents information on commercial motor vehicle drivers hours of service. TITLE: Reports, Forms and Recordkeeping
Requirements Agency Information Collection Activity Under OMB Review
[Title: Transportation of Hazardous Materials; Highway Routing, and others];
Notice; published 03/11/98; Comment period ends: April
10, 1998; 63 FR 11947. 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 collection of information was published on November
22, 1996 (61 FR 59483-59484). TITLE: Notice of Request for Clearance of
a New Information Collection; Notice and request for comments; published
03/10/98; Comment period ends: 05/11/98; [DOT Docket No. FHWA-98-3402];
63 FR 11705. SUMMARY: In accordance with the
requirements in section 3506 (c) (2) (A) of the Paperwork Reduction Act of 1995,
this notice announces the intention of the FHWA to request the Office of
Management and Budget (OMB) to approve a new information collection to assess
the utilization of truck stop fitness facilities by those truck drivers who
participate in the study. This research will also address a number of other
areas of interest which generally pertain to the drivers' experience with the
new truck stop fitness facilities as well as personal health/fitness issues.
Exercise can help combat fatigue, improve alertness and reduce stress. Aerobic
exercise has also been shown to improve the quality of sleep and thus, the
driver will be more rested and alert for the next day of driving. However, truck
driving, particularly long haul truck driving, is sedentary in nature and
provides few opportunities for exercise. The Truck Stop Fitness Facilities
Utilization Study represents an innovative, holistic approach to improve highway
safety. TITLE: Reports, Forms and Recordkeeping
Requirements; Agency Information Collection Activity Under OMB Review; notice;
[Title: Motor Carrier Safety Assistance Program (MCSAP)]; published
03/02/98; Comment period ends: 04/01/98; 63 FR 10256. 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 collection of information was published on August 28,
1997 (62 FR 45694-45695). TITLE:Notice of Request
for Extension of a Currently Approved Information Collection; Notice
and request for comments; published 01/02/98; Comment period
ends: 03/03/98; [ Docket No. FHWA-97-3241]; 63 FR 123. SUMMARY: In accordance with the
requirement of section 3506(c)(2)(a) of the Paperwork Reduction Act of 1995,
this notice announces the intention of the FHWA to request the Office of
Management and Budget (OMB) to extend its current approval of an information
collection. This information collection is used by motor carriers, property
brokers, and freight forwarders to register their operations with FHWA. Top of Page
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