The Federal Motor Carrier Safety Administration (“FMCSA”) is required by federal law to give public notice of all of its actions as a regulatory body. To find the FMCSA’s public notices, one should go to the FMCSA’s website and access http://www.fmcsa.dot.gov/regulations/notices. During the month of April, 2015 alone, the FMCSA has posted the following notices on its website:
Date Subject
05/01/2015 Parts and Accessories Necessary for Safe Operation; Application for an Exemption from the Entertainer Motorcoach Council
05/01/2015 Hours of Service of Drivers; Application for Exemption; American Trucking Associations, Inc.
04/30/2015 Qualification of Drivers; Exemption Applications; Diabetes Mellitus
04/29/2015 National Hazardous Materials Route Registry
04/23/2015 Qualification of Drivers; Application for Exemptions; Hearing
04/23/2015 Qualification of Drivers; Application for Exemptions; Hearing
04/23/2015 Qualification of Drivers; Exemption Applications; Vision
04/23/2015 Beyond Compliance Program
04/23/2015 Qualification of Drivers; Application for Exemptions; Hearing
04/23/2015 Qualification of Drivers; Application for Exemptions; Hearing
04/23/2015 Qualification of Drivers; Application for Exemptions; Hearing
04/23/2015 Beyond Compliance Program
04/22/2015 Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors
04/21/2015 Qualification of Drivers; Exemption Applications; Implantable Cardioverter Defribrillators
04/17/2015 Parts and Accessories Necessary for Safe Operation; Application for an Extension from Ford Motor Company
04/17/2015 Qualification of Drivers; Exemption Applications; Narcolepsy
04/16/2015 Hours of Service of Drivers; U.S. Department of Defense (DOD); Application for Renewal of Exemption
04/16/2015 Qualification of Drivers; Exemption Applications; Vision
04/16/2015 Commercial Driver’s License Standards; Application for Renewal of Exemption; Daimler Trucks North America (Daimler)
04/16/2015 Qualification of Drivers; Exemption Applications; Vision
04/13/2015 Qualification of Drivers; Exemption Applications; Diabetes Mellitus
04/13/2015 Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
04/08/2015 Qualification of Drivers; Exemption Applications; Hearing
04/08/2015 Qualification of Drivers; Exemption Applications; Hearing
04/08/2015 Qualification of Drivers; Exemption Applications; Diabetes Mellitus
04/07/2015 Qualification of Drivers; Exemption Applications; Diabetes Mellitus
04/07/2015 Qualification of Drivers; Exemption Applications; Hearing
04/07/2015 Qualification of Drivers; Exemption Applications; Vision
04/07/2015 Hours of Service (HOS) of Drivers; Application for Renewal and Expansion of American Pyrotechnics Association (APA) Exemption From the 14-Hour Rule During Independence Day Celebrations
04/07/2015 Qualification of Drivers; Exemption Applications; Vision
04/06/2015 Commercial Driver’s License Standards: Recreation Vehicle Industry Association Application for Exemption
04/06/2015 Agency Information Collection Activities; New Emergency Information Collection Request: Report by State Driver Licensing Agencies (SDLAs) on the Annual Number of Entry-Level Commercial Driver’s License (CDL) Applicants and Related Data
04/03/2015 Agency Information Collection Activities; Extension of a Currently-Approved Information Collection Request: Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers
04/03/2015 Agency Information Collection Activities; New Information Collection Request: Electronic Logging Device (DLO) Registration
04/03/2015 Agency Information Collection Activities; Revision of a Currently-Approved Information Collection: Licensing Applications for a Motor Carrier Operating Authority
04/02/2015 Hours of Service of Drivers: National Ready Mixed Concrete Association; Application for Exemption; Final Disposition
04/01/2015 Qualification of Drivers; Exemption Applications; Epilepsy and Seizure Disorders
If one wished to research the detail of any such public notice, one could click on “Hours of Service of Drivers; Application for Exemption; American Trucking Associations, Inc.,” dated May 1, 2015, and a separate page will appear, containing a published dated of 05/01/2015, Comment By: 06/01/2015; Federal Register: 2015-10200; Docket # FMCSA-2015-0012; Authority: 80 FR 25004; Action: Notice of application for exemption; request for comments, and a Summary that states the following:
FMCSA announces that the American Trucking Associations, Inc. (ATA) has applied for an exemption from the Federal hours-of-service (HOS) regulations that prohibit commercial motor vehicle (CMV) drivers from driving a CMV if more than 8 consecutive hours have passed since the driver’s last off-duty or sleeper-berth period of 30 minutes or more. ATA is requesting the exemption on behalf of all motor carriers that transport hazardous materials (HM) shipments requiring security plans under regulations of the Pipeline and Hazardous Materials Safety Administration (PHMSA). These plans normally require a driver to “attend” such cargo while the CMV is stopped, which would be an on- duty activity. This forces drivers to choose between FMCSA’s off-duty rest break requirement and compliance with PHMSA’s security plans, many of include an on-duty “attendance” requirement. ATA proposes that drivers transporting HM for motor carriers required to file security plans be allowed to count their on-duty “attendance” time for any HM cargo toward the required 30-minute rest break requirement, provided the drivers perform no other on-duty activity. The exemption would thus resemble Section 397.7, which requires drivers transporting certain explosives constantly to “attend” their load, while Section 395.1(q) allows them to count “attendance” time toward their rest break. FMCSA requests public comments on the request for exemption.
The FMCSA website is well-designed and highly efficient, enabling users to locate information concerning the activities of the federal regulatory agency over interstate trucking.
Written by:
Mikal C. Watts
Watts Guerra LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
Email mcwatts@guerrallp.com
* This information is provided to supply relevant information concerning a truck wreck lawsuit lawsuit, and should not be received as legal advice. Legal advice is only given to persons or entities with whom Watts Guerra LLP has established an attorney-client relationship. If you have another lawyer in a trucking lawsuit, you should consult with your own attorney, and rely upon his or her advice, rather than the information contained herein.
© Watts Guerra LLP 2015
