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FINAL RULES ![go to top](https://webarchive.library.unt.edu/web/20130226080741im_/http://@fmcsa.dot.gov/images/up-arrow24.gif) 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). TITLE:
Physical Qualification of Drivers; Medical Examination;
Final rule; 49 CFR part 391; published: 10/05/2000; Effective Date:
11/06/2000;[FMCSA Docket No. 98-3542 (formerly FHWA Docket No. 98-3542)];
65FR59363.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 21st 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 ![go to top](https://webarchive.library.unt.edu/web/20130226080741im_/http://@fmcsa.dot.gov/images/up-arrow24.gif) 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. TITLE: Certification
of Size And Weight Enforcement; Supplemental
advance notice of proposed rulemaking (SANPRM);request for comments; published:
09/28/2000; Comments Due by: 12/27/2000; [Docket No. FMCSA-2000-7006]; 65FR58233.
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![go to top](https://webarchive.library.unt.edu/web/20130226080741im_/http://@fmcsa.dot.gov/images/up-arrow24.gif) 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. TITLE:
Qualification of Drivers; Exemption Applications; Vision; Notice
of final disposition; published: 09/21/2000; Effective Date: 9/21/2000;
[Docket No. FMCSA-2000-7165]; 65FR57234.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![go to top](https://webarchive.library.unt.edu/web/20130226080741im_/http://@fmcsa.dot.gov/images/up-arrow24.gif) 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. TITLE:
Reports, Forms and Recordkeeping Requirements Agency Information Collection Activity Under OMB Review; Notice;
published: 08/15/2000; Comments must be submitted on or before September 14, 2000;
[FMCSA
Docket No. FMCSA 2000-7316]; FR 65 49861.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.
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